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(PRISON DOORS BUZZING)
4
00:00:11,920 --> 00:00:15,800
MAN: I looked high and low
why he did what he did.
5
00:00:15,840 --> 00:00:17,720
I was truly puzzled.
6
00:00:18,920 --> 00:00:21,720
MAN: Something was off
about this case.
7
00:00:23,320 --> 00:00:27,240
MAN: Modern sleep science says
you can kill in your sleep.
8
00:00:29,800 --> 00:00:31,800
It is real. (ECHOES)
9
00:00:31,840 --> 00:00:35,400
MAN: This is not sleepwalking.
It had a sexual overtone to it.
10
00:00:38,040 --> 00:00:40,160
MAN: She came in my room.
11
00:00:41,640 --> 00:00:44,120
Next thing I remember,
I'm covered in blood.
12
00:00:44,160 --> 00:00:46,160
WOMAN: It was clear-cut.
13
00:00:46,200 --> 00:00:48,080
He even admitted, "I did it."
14
00:00:48,120 --> 00:00:49,920
MAN: I know it was me,
15
00:00:49,960 --> 00:00:53,360
but I don't remember anything
that just happened. (ECHOES)
16
00:01:09,400 --> 00:01:12,520
(BEEPING TONE)
OPERATOR: 911 emergency.
17
00:01:12,560 --> 00:01:16,040
MAN: Yeah, there's...
You need to send police.
18
00:01:17,080 --> 00:01:19,080
OK, and what's going on there?
19
00:01:19,960 --> 00:01:21,960
Someone's been murdered.
20
00:01:22,000 --> 00:01:24,400
OK, someone has been murdered?
In what way?
21
00:01:24,440 --> 00:01:27,160
Do you know if they're breathing
or definitely passed away?
22
00:01:27,200 --> 00:01:30,880
I don't know.You don't know?
OK, well, what did you see, sir?
23
00:01:30,920 --> 00:01:35,200
I'm at Haverhill Park.
Just send the police. It was me.
24
00:01:35,240 --> 00:01:37,240
I'm sorry. (HANGS UP)
25
00:01:39,400 --> 00:01:42,400
(INDISTINCT RADIO CHATTER)
26
00:01:43,480 --> 00:01:47,080
See if you can get
anything out of him.(SIREN WAILS)
27
00:01:48,320 --> 00:01:50,320
(INDISTINCT SPEECH)
28
00:01:50,360 --> 00:01:52,640
One person? Male or female?
29
00:01:52,680 --> 00:01:55,120
(INDISTINCT SPEECH)
Take him in the car.
30
00:01:57,520 --> 00:01:59,760
REPORTER: The Palm Beach County
Sheriff's Office
31
00:01:59,800 --> 00:02:02,120
investigating the death of a woman
in Palm Beach...
32
00:02:02,160 --> 00:02:04,480
REPORTER: They found the woman dead
and took the man
33
00:02:04,520 --> 00:02:06,560
who had called 911
in for questioning.
34
00:02:06,600 --> 00:02:08,560
REPORTER: Randy Herman is in jail
35
00:02:08,600 --> 00:02:12,320
charged with the stabbing death
of 21-year-old Brooke Preston.
36
00:02:12,360 --> 00:02:17,120
REPORTER: We'll keep you updated
as we learn anything else in this
investigation. Reporting live...
37
00:02:17,160 --> 00:02:19,120
WOMAN: Hold your hands out for me.
38
00:02:19,160 --> 00:02:21,160
(SHUTTER CLICKS)
39
00:02:23,200 --> 00:02:25,200
And flip them upside down.
40
00:02:26,560 --> 00:02:28,360
MAN: I'd met Randy in the jail.
41
00:02:30,280 --> 00:02:33,240
I went out to see him
the day he was arrested
42
00:02:33,280 --> 00:02:35,520
and then I was assigned
to handle his case.
43
00:02:35,560 --> 00:02:38,400
Uh, you know, be the lead counsel
from that point on.
44
00:02:39,960 --> 00:02:43,840
My first impression was just that
he wasn't a very big guy.
45
00:02:43,880 --> 00:02:46,040
You can turn around, Randy.
Yes, sir.
46
00:02:46,080 --> 00:02:48,480
'Just a very meek person,
physically.'
47
00:02:48,520 --> 00:02:52,720
He definitely seemed different than
a lot of the people I represent.
48
00:02:52,760 --> 00:02:55,960
What I'm gonna do is just gonna
switch out your clothes, all right?
49
00:02:56,000 --> 00:02:58,800
'He seemed very well-mannered,
very respectful.'
50
00:02:58,840 --> 00:03:01,760
You know what size you are?
(INDISTINCT REPLY)
51
00:03:01,800 --> 00:03:04,040
Huh?Medium.
Medium? OK.
52
00:03:04,080 --> 00:03:08,600
But something was a little bit off
about this case.
53
00:03:08,640 --> 00:03:10,640
You know what size jeans you wear?
30.
54
00:03:10,680 --> 00:03:12,280
32, 30.
55
00:03:12,320 --> 00:03:16,880
Said he'd committed the crime...but
he couldn't remember what happened.
56
00:03:16,920 --> 00:03:18,720
(SNIFFS TEARFULLY)
57
00:03:18,760 --> 00:03:22,360
And then, of course,
there was certainly a lack of motive
58
00:03:22,400 --> 00:03:25,920
because of how close, you know,
Brooke was with him.
59
00:03:37,520 --> 00:03:41,120
And you have another roommate,
Brooke's sister, right? Jordan?
60
00:03:42,520 --> 00:03:45,800
No, nobody knows what happened.
We don't even know what happened.
61
00:03:45,840 --> 00:03:48,720
That's why we're sitting here,
trying to get it from you.
62
00:03:49,480 --> 00:03:52,960
To me, it seemed like
a genuine lack of recollection.
63
00:03:53,000 --> 00:03:55,280
Was it an argument? Was it...
64
00:03:57,440 --> 00:03:59,280
OK.
65
00:03:59,320 --> 00:04:00,600
What do you remember?
66
00:04:02,600 --> 00:04:04,680
OK.
(WHIMPERS TEARFULLY)
67
00:04:06,120 --> 00:04:09,480
Yes, Randy does tell the police,
"I murdered this person"
68
00:04:09,520 --> 00:04:12,040
because you're standing over them
holding a knife.
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00:04:21,320 --> 00:04:25,160
When did... When did she -
(MUMBLES)
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00:04:26,360 --> 00:04:27,760
OK.
71
00:04:29,120 --> 00:04:31,520
OK, not a problem. Let me -
(WHIMPERS)
72
00:04:31,560 --> 00:04:33,560
Let me ask you...
(SOBS)
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00:04:35,040 --> 00:04:37,480
Were you guys
ever romantically involved?
74
00:04:39,360 --> 00:04:40,920
No?
75
00:04:41,720 --> 00:04:43,320
OK.
76
00:04:44,120 --> 00:04:45,720
OK.
77
00:04:46,720 --> 00:04:51,840
But to wake up over someone
who you consider your sister,
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00:04:51,880 --> 00:04:54,960
stabbed a number of times,
with a knife in your hand,
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00:04:55,000 --> 00:04:57,640
covered in blood,
and not know what happened,
80
00:04:57,680 --> 00:04:59,920
I could imagine it being
81
00:04:59,960 --> 00:05:03,160
a very scary proposition
for a guy like Randy.
82
00:05:11,760 --> 00:05:14,200
MAN: Brooke's smile was gorgeous.
83
00:05:14,240 --> 00:05:16,240
Just her personality.
84
00:05:18,280 --> 00:05:20,560
And she was literally...
85
00:05:21,560 --> 00:05:23,560
..just always happy.
86
00:05:24,240 --> 00:05:27,880
She was beautiful, inspiring
and going places.
87
00:05:28,960 --> 00:05:31,760
She had a sense of drive
to be better.
88
00:05:31,800 --> 00:05:34,000
And she worked hard.
89
00:05:34,040 --> 00:05:36,960
People who knew Brooke
in her high school days,
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00:05:37,000 --> 00:05:41,680
said Brooke was very much someone
who was the life of the party.
91
00:05:44,880 --> 00:05:48,240
Brooke was this explosive
ball of energy.
92
00:05:49,000 --> 00:05:51,920
She was lively, she was bubbly.
93
00:05:53,920 --> 00:05:57,280
She was athletic. You know,
she had a lot of close friends.
94
00:05:57,320 --> 00:06:01,760
BURGER: And she was always cool.
We'd all hang out, go swimming.
95
00:06:03,480 --> 00:06:06,480
We'd play games, go bowling.
96
00:06:07,640 --> 00:06:09,640
It was always having fun.
97
00:06:09,680 --> 00:06:11,760
(CHEERING AND LAUGHTER)
98
00:06:11,800 --> 00:06:14,320
We grew up on
Instagram and Snapchat.
99
00:06:15,000 --> 00:06:17,240
She was always on Facebook.
100
00:06:17,280 --> 00:06:20,120
Brooke taught me how to use Tinder.
That's for real though.
101
00:06:20,160 --> 00:06:22,840
Like... I was like,
"Brooke, how do I do Tinder?"
102
00:06:22,880 --> 00:06:25,720
Brooke was like, "Nah,
let me pick the pictures for you."
103
00:06:25,760 --> 00:06:28,920
They were always laughing,
playing, having fun.
104
00:06:28,960 --> 00:06:33,000
Brooke, Randy and Jordan.
They were like family.
105
00:06:33,040 --> 00:06:34,920
Brother and sister.
106
00:06:34,960 --> 00:06:37,920
They were two of his best friends
that he grew up with.
107
00:06:38,640 --> 00:06:41,240
Moved to Florida with them
to start a new life.
108
00:06:45,600 --> 00:06:48,160
REPORTER: Officers found
21-year-old Brooke Preston
109
00:06:48,200 --> 00:06:50,640
dead on the floor,
stabbed multiple times.
110
00:06:50,680 --> 00:06:53,880
Meanwhile, he remains behind bars
without bond.
111
00:06:53,920 --> 00:06:56,320
The question here tonight remains,
"Why?"
112
00:06:56,360 --> 00:06:58,880
Because even he says
he can't remember.
113
00:07:04,960 --> 00:07:08,280
AUTOMATED VOICE: Hello, this is a
prepaid collect call from...(BEEPS)
114
00:07:08,320 --> 00:07:11,800
..an inmate at... Palm
Beach Belle Glade Detention Center.
115
00:07:11,840 --> 00:07:15,160
This call is subject
to recording and monitoring.
116
00:07:15,200 --> 00:07:18,600
WOMAN ON PHONE: Hello?
RANDY: Hello, how are you?
117
00:07:18,640 --> 00:07:20,640
Oh, OK. How are YOU?
118
00:07:21,480 --> 00:07:24,200
Doing all right, you know.
I'll be OK.
119
00:07:25,200 --> 00:07:29,960
Did you talk to the lawyer?He told
me that it still don't make sense.
120
00:07:30,800 --> 00:07:32,600
Why? What's the matter?
121
00:07:32,640 --> 00:07:34,640
Um...
Why?
122
00:07:36,160 --> 00:07:38,160
Well, because...
123
00:07:38,200 --> 00:07:41,800
They didn't tell me why
or what made you do it.
124
00:07:43,280 --> 00:07:45,760
I don't even know the reason,
you know?
125
00:07:45,800 --> 00:07:47,800
Yeah, I know.
126
00:07:48,920 --> 00:07:51,120
I just wish I'd know how I did it.
127
00:07:56,800 --> 00:07:58,800
I was just confused.
128
00:07:59,800 --> 00:08:02,320
I didn't know what was happening.
You know, I...
129
00:08:02,360 --> 00:08:04,360
That's why I called 911.
130
00:08:05,360 --> 00:08:09,720
If I wanted to, I could've ran.
But that wasn't what was on my mind.
131
00:08:10,600 --> 00:08:14,080
I didn't do this intentionally.
This was a person I cared about.
132
00:08:14,120 --> 00:08:17,280
This was a close friend,
so, I mean, my mind was just...
133
00:08:17,320 --> 00:08:19,320
I was just in shock.
134
00:08:20,400 --> 00:08:22,560
The one thing
that was definitely clear
135
00:08:22,600 --> 00:08:24,440
in discussing it with colleagues
136
00:08:24,480 --> 00:08:27,560
is none of us could figure out
what happened.
137
00:08:27,600 --> 00:08:31,000
I definitely felt that Randy
was being truthful with me
138
00:08:31,040 --> 00:08:33,680
and that he had profound amnesia
for the event.
139
00:08:33,720 --> 00:08:37,480
And so then the challenge upfront
was how to defend him.
140
00:08:38,720 --> 00:08:42,120
So we called a psychologist
that specialises in trauma.
141
00:08:42,760 --> 00:08:46,360
To just try to explain
why maybe Randy had bad amnesia.
142
00:08:48,400 --> 00:08:52,280
I was trying to find out what
happened just as much as he was.
143
00:08:52,320 --> 00:08:55,600
From the very beginning,
I co-operated with Dr Ewing.
144
00:08:55,640 --> 00:08:59,520
I looked high and low
why he did what he did.
145
00:09:08,600 --> 00:09:11,520
We went through hours of interviews
of him just asking me
146
00:09:11,560 --> 00:09:13,440
question after question
after question.
147
00:09:16,120 --> 00:09:18,120
..did he have a mental illness?
148
00:09:22,680 --> 00:09:25,040
We went through everything
he could think of.
149
00:09:25,080 --> 00:09:30,520
Did he have a background
of oppression or other abuse?
150
00:09:30,560 --> 00:09:33,880
But nothing fits.
Nothing made sense.
151
00:09:41,400 --> 00:09:44,800
Have you ever had a head injury?
Have you ever had seizures?
152
00:09:44,840 --> 00:09:46,920
Sometimes people
with seizure disorders...
153
00:09:52,040 --> 00:09:54,080
I mean, we didn't really know
where to go.
154
00:09:54,120 --> 00:09:56,080
He was just as confused as I was.
155
00:09:56,800 --> 00:09:58,640
DR EWING:
156
00:09:59,960 --> 00:10:04,560
..had I not asked that last question
just as a matter of thoroughness,
157
00:10:20,680 --> 00:10:23,720
When Dr Ewing
first said sleepwalking,
158
00:10:23,760 --> 00:10:27,240
it really, you know, made the hairs
stand up on the back of my neck.
159
00:10:28,360 --> 00:10:30,560
Sleepwalking to me,
at the time, was,
160
00:10:30,600 --> 00:10:34,880
you know, going out to the kitchen
to get a drink of water.
161
00:10:34,920 --> 00:10:38,640
But there's a big jump
to stabbing somebody 20 times.
162
00:10:45,640 --> 00:10:48,600
As a sleep specialist...
I understand. I've seen, you know,
163
00:10:48,640 --> 00:10:50,600
hundreds of cases of sleepwalking.
164
00:10:52,520 --> 00:10:55,640
So, I know sleepwalking
is involuntary.
165
00:10:55,680 --> 00:10:58,600
You're not consciously aware
of what you're doing.
166
00:10:58,640 --> 00:11:00,640
(SINGS)
167
00:11:00,680 --> 00:11:04,600
But public ideas about sleepwalking?
Generally not accurate.
168
00:11:06,000 --> 00:11:07,720
Until 1964,
169
00:11:08,640 --> 00:11:10,720
the general idea
was that sleepwalkers
170
00:11:10,760 --> 00:11:12,960
were acting out their dreams.
171
00:11:14,520 --> 00:11:17,080
Literally getting up
and acting out their dreams.
172
00:11:22,520 --> 00:11:25,920
This idea that
the sleepwalker is out of bed
173
00:11:25,960 --> 00:11:28,880
and got his arms out,
like Frankenstein...
174
00:11:30,280 --> 00:11:33,760
We still see it if you watch
something like The Simpsons.
175
00:11:37,560 --> 00:11:42,760
But the reality is, sleepwalking
is a set of related behaviours
176
00:11:42,800 --> 00:11:45,200
that comes out of sleep.
177
00:11:45,240 --> 00:11:49,000
Most often following partial arousal
out of deep sleep.
178
00:11:49,040 --> 00:11:50,200
(YELLS)
179
00:11:50,240 --> 00:11:54,400
That usually occurs in a state
that's not really awake or asleep.
180
00:11:55,120 --> 00:11:59,040
There's no difference between people
who sleepwalk at home every night
181
00:11:59,080 --> 00:12:01,760
and people who commit
sleepwalking violence
182
00:12:01,800 --> 00:12:04,360
known as violent parasomnia.
183
00:12:05,360 --> 00:12:08,400
Sleepwalkers are not consciously
aware of what they're doing.
184
00:12:08,440 --> 00:12:10,240
These days, it is understood
185
00:12:10,280 --> 00:12:12,880
that someone can kill somebody
in their sleep,
186
00:12:12,920 --> 00:12:14,520
under the right circumstances.
187
00:12:19,240 --> 00:12:22,200
REPORTER: We're here
on Sarazen Drive off Belvedere Road.
188
00:12:22,240 --> 00:12:25,720
Deputies have been out here all day
blocking off this street.
189
00:12:25,760 --> 00:12:29,320
Deputies tell us
they got a 911 call this morning
190
00:12:29,360 --> 00:12:34,200
from a man who told them a
woman was dead inside her home,
here on Sarazen.
191
00:12:36,640 --> 00:12:38,440
As a blood-stain analyst,
192
00:12:38,480 --> 00:12:42,520
one of the things I'm attempting
to do is try to figure out
193
00:12:42,560 --> 00:12:45,840
where the actual crime happened
within the scene.
194
00:12:49,000 --> 00:12:52,920
In this case, I'm analysing
and interpreting throughout
the residence
195
00:12:52,960 --> 00:12:55,480
the blood stains
and the movements of Brooke.
196
00:12:56,160 --> 00:12:59,000
And it's incredible sensory
overload.
197
00:13:01,160 --> 00:13:05,240
The smells,
the blood just dripping down walls.
198
00:13:06,680 --> 00:13:08,560
I've been doing this for 21 years.
199
00:13:08,600 --> 00:13:13,920
I've probably scene more incidents
than any human being should.
200
00:13:16,600 --> 00:13:20,720
This was one of the more vicious
crime scenes that I had to document.
201
00:13:21,960 --> 00:13:24,200
I admit that this case
really bothers me.
202
00:13:26,640 --> 00:13:29,080
WOMAN: This was totally violent.
203
00:13:30,640 --> 00:13:33,280
Brooke was stabbed 25 times.
204
00:13:33,320 --> 00:13:36,600
We know that after
she's dead and down,
205
00:13:36,640 --> 00:13:38,760
he gets a quilt to wrap her.
206
00:13:39,560 --> 00:13:41,840
There are psychological experts
that say
207
00:13:41,880 --> 00:13:44,240
sometimes if a person
is known to you,
208
00:13:44,280 --> 00:13:47,720
they want to cover them
to conceal their face from you.
209
00:13:47,760 --> 00:13:49,600
To preserve her dignity.
210
00:13:49,640 --> 00:13:53,280
But it might be actually to assist
him in dragging her out.
211
00:13:53,320 --> 00:13:57,080
People don't realise how heavy
a deadweight body is.
212
00:13:58,000 --> 00:14:00,000
MAN: We have a beautiful young woman
213
00:14:00,040 --> 00:14:02,640
who was absolutely
brutally murdered.
214
00:14:02,680 --> 00:14:06,280
It was a prolonged attack that most
likely took a couple of minutes.
215
00:14:06,320 --> 00:14:09,400
(TAPPING) You think about doing
this 25 times.
216
00:14:09,440 --> 00:14:12,480
It's a brutal, violent struggle
that's taking place.
217
00:14:13,600 --> 00:14:16,480
The murder weapon
is still in the bathroom,
218
00:14:16,520 --> 00:14:20,000
covered in Randy's fingerprints
depressed in the blood.
219
00:14:20,040 --> 00:14:23,160
At the time of the crime,
nobody else was in the house.
220
00:14:23,920 --> 00:14:29,080
It's clear-cut. He admitted that
she's been murdered and "I did it."
221
00:14:29,120 --> 00:14:32,640
On the face of it, there was not
really a viable defence.
222
00:14:36,520 --> 00:14:39,160
You said she's like a sister to you.
223
00:14:39,960 --> 00:14:42,600
Meet her when you were a teenager
type thing?
224
00:14:44,400 --> 00:14:47,240
High school?
What town did you guys grow up in?
225
00:14:50,600 --> 00:14:52,600
Little small town?
226
00:14:53,400 --> 00:14:55,400
Hmm?
(SNIFFLES)
227
00:15:08,920 --> 00:15:10,680
I'm sure.
228
00:15:12,080 --> 00:15:14,240
(SNIFFLES)
229
00:15:23,160 --> 00:15:25,880
KATHI: What are you doing?
Come here.
230
00:15:25,920 --> 00:15:27,640
You can come.
231
00:15:27,680 --> 00:15:29,440
You're a good boy.
232
00:15:37,840 --> 00:15:39,840
I have pictures of Randy.
233
00:15:41,360 --> 00:15:45,040
Lots of pictures of Randy.
Like surrounding myself with...
234
00:15:46,120 --> 00:15:48,120
..the kids and family.
235
00:15:49,040 --> 00:15:51,960
And that's all the different Randys
growing up.
236
00:15:52,000 --> 00:15:54,720
Him and his sister
were always close.
237
00:15:54,760 --> 00:15:58,520
My mom gets upset once in a while
and Randy'd always make her smile.
238
00:15:58,560 --> 00:16:01,240
He was the only one
that could make her smile.
239
00:16:03,040 --> 00:16:06,040
When Randy was little,
if I wanted him to do something,
240
00:16:06,080 --> 00:16:09,200
I'd just pretend I was crying
and he'd do it just so I didn't cry.
241
00:16:09,240 --> 00:16:13,360
And even when he got old enough
to know that I was pretending
242
00:16:13,400 --> 00:16:15,520
and I was faking, he'd still do it
243
00:16:15,560 --> 00:16:17,600
because he didn't want
to see me sad.
244
00:16:17,640 --> 00:16:20,760
"OK, just get that look off your
face and I'll do it." (CHUCKLES)
245
00:16:20,800 --> 00:16:26,560
He's always been a very good kid -
very supportive, very respectful.
246
00:16:27,880 --> 00:16:29,960
He's very kind, friendly.
247
00:16:31,520 --> 00:16:34,360
Growing up,
we really just rode bikes,
248
00:16:34,400 --> 00:16:37,720
hiking, exploring the woods.
249
00:16:37,760 --> 00:16:39,640
KATHI ON VIDEO: Push hard.
250
00:16:43,520 --> 00:16:46,760
I remember he went down the
creek the one time with his friends.
251
00:16:48,120 --> 00:16:51,920
Randy's like, "Look at the flowers,
aren't they pretty?"
252
00:16:51,960 --> 00:16:54,120
And they laughed at him.
253
00:16:54,160 --> 00:16:56,960
Men don't do that.
Not supposed to notice flowers.
254
00:16:58,240 --> 00:17:00,240
Supposed to act like a man.
255
00:17:00,280 --> 00:17:04,000
It was from being with me and sister
and we loved nature and stuff.
256
00:17:04,960 --> 00:17:06,960
But it would bother Randy.
257
00:17:07,840 --> 00:17:11,960
I haven't met him but, as a clinical
and forensic psychologist,
258
00:17:12,000 --> 00:17:15,520
I find the case of Randy Herman
is fascinating.
259
00:17:16,200 --> 00:17:19,760
This dynamic of Randy growing up
with the two women in his life
260
00:17:19,800 --> 00:17:23,080
and not experiencing
traditional masculinity.
261
00:17:23,120 --> 00:17:25,120
And so, his relationship with women
262
00:17:25,160 --> 00:17:27,880
is really tied up
with a lot of emotionality.
263
00:17:27,920 --> 00:17:31,760
And there may be something
about the present dynamic,
264
00:17:31,800 --> 00:17:36,320
with Brooke and Jordan, that was
somewhat emotionally similar
265
00:17:36,360 --> 00:17:42,360
to what he had
with his mother and his sister.
266
00:17:45,200 --> 00:17:48,920
Listen, Randy, I can tell you're
remorseful. What we need to know...
267
00:17:48,960 --> 00:17:50,840
Who's Brooke?
268
00:17:50,880 --> 00:17:52,880
And who's Jordan?
269
00:17:54,720 --> 00:17:56,600
Her name is Brooke Preston.
270
00:17:56,640 --> 00:18:00,000
Brooke Preston? OK.
Is that your girlfriend?
271
00:18:00,040 --> 00:18:01,920
Or just a roommate?
272
00:18:01,960 --> 00:18:05,200
OK. And you have another roommate,
right? Jordan?
273
00:18:06,960 --> 00:18:11,200
So, Randy was a young man
from a small town in Pennsylvania.
274
00:18:12,000 --> 00:18:14,920
And he was friends
with Jordan Preston.
275
00:18:14,960 --> 00:18:18,360
And through Jordan,
he met Brooke Preston, her sister.
276
00:18:18,400 --> 00:18:20,880
Jordan and Brooke
wanted to move to South Florida.
277
00:18:20,920 --> 00:18:25,560
Randy ended up following suit
and they rented a house together.
278
00:18:26,760 --> 00:18:29,520
Brooke Preston
was about two years younger
279
00:18:29,560 --> 00:18:31,720
than her older sister,
Jordan Preston.
280
00:18:31,760 --> 00:18:34,120
But they were always together.
281
00:18:34,160 --> 00:18:36,960
Brooke and Jordan
were childhood best friends.
282
00:18:37,760 --> 00:18:41,080
Surrounded by really supportive
parents.
283
00:18:42,200 --> 00:18:44,400
Brooke spent a lot of time
on social media.
284
00:18:44,440 --> 00:18:46,800
She posted a lot,
285
00:18:46,840 --> 00:18:50,040
especially about her family.
286
00:18:52,680 --> 00:18:55,160
Brooke was close with her family
287
00:18:55,200 --> 00:18:57,720
and, you know, family that close,
288
00:18:57,760 --> 00:18:59,560
they did things together.
289
00:18:59,600 --> 00:19:03,280
WOMAN: OK.Time to take you
down to the dirty dungeon...
290
00:19:04,280 --> 00:19:06,360
..so that nobody will ever find you.
291
00:19:07,800 --> 00:19:11,720
MAJCHROWICZ: Once a week or so, the
Prestons had these family dinners.
292
00:19:13,720 --> 00:19:16,680
To just hang out and bond
with their daughters.
293
00:19:21,360 --> 00:19:25,800
With Brooke's strong family
relationships, it's not surprising
294
00:19:25,840 --> 00:19:27,960
that she was well-liked
by everybody.
295
00:19:36,200 --> 00:19:37,960
No-one's gonna hate you, Randy.
296
00:19:38,760 --> 00:19:41,440
No-one's gonna hate you, OK?
(SNIFFLES)
297
00:19:44,200 --> 00:19:47,400
No, absolutely not.
You're not a bad person.
298
00:19:48,440 --> 00:19:50,120
(SOBS AND WHIMPERS)
OK?
299
00:19:50,160 --> 00:19:54,200
If you were a bad person, you'd be
halfway to Pennsylvania now, Randy.
300
00:19:54,240 --> 00:19:56,240
But you're not.
301
00:20:00,640 --> 00:20:02,640
KATHI: I know my son.
302
00:20:02,680 --> 00:20:06,000
And I know that he's not capable
of doing something like that.
303
00:20:06,040 --> 00:20:09,800
The only possible way he could've
done it was sleepwalking
304
00:20:09,840 --> 00:20:12,800
where he wasn't conscious,
didn't know what was going on.
305
00:20:13,560 --> 00:20:15,400
When he was younger,
306
00:20:15,440 --> 00:20:17,120
one night,
307
00:20:17,160 --> 00:20:20,600
me and Amanda were up
and he had already gone to bed.
308
00:20:20,640 --> 00:20:24,320
And we were in the kitchen and he
came out and climbed on the counter.
309
00:20:24,360 --> 00:20:26,360
He has that look. Like a dazed look.
310
00:20:27,200 --> 00:20:29,720
And Amanda asked him,
"What are you doing?"
311
00:20:29,760 --> 00:20:33,000
He'd just look at you
and he wouldn't say anything.
312
00:20:34,960 --> 00:20:38,480
He was getting a drink and he gets
pancake mix out of the cupboard.
313
00:20:39,360 --> 00:20:41,920
By then we realised,
he was sleepwalking.
314
00:20:43,080 --> 00:20:45,360
I got him back to bed
and he'd go right with me.
315
00:20:45,400 --> 00:20:47,600
He'd lay down
and was out like a light.
316
00:20:49,160 --> 00:20:51,680
When we were younger,
we had plastic on the windows
317
00:20:51,720 --> 00:20:53,840
to keep the heat in
in the wintertime.
318
00:20:54,960 --> 00:20:57,440
He would get up in the night,
sleepwalking,
319
00:20:57,480 --> 00:21:00,000
and just start scratching at the
windows.
320
00:21:00,920 --> 00:21:03,120
And he would say
he was trying to get out.
321
00:21:06,040 --> 00:21:10,520
When Randy was around ten, I was
working at the bar right next door.
322
00:21:11,320 --> 00:21:15,800
One night, it was late and I had one
customer and I was closing up...
323
00:21:17,080 --> 00:21:19,840
..when Randy rode his bike
to the bar.
324
00:21:19,880 --> 00:21:22,640
And he just walked up to the bar,
he laid his head on it.
325
00:21:23,400 --> 00:21:25,400
I said,
"What are you doing out this late?"
326
00:21:25,440 --> 00:21:27,800
He turned around
and walked back out the door...
327
00:21:28,480 --> 00:21:31,960
and he got on his bike
and rode home.
328
00:21:33,000 --> 00:21:36,160
I knew he was sleepwalking
because he didn't speak to me.
329
00:21:37,640 --> 00:21:39,880
Because it was
just across the street,
330
00:21:39,920 --> 00:21:42,520
he'd ride to the bar every day,
331
00:21:42,560 --> 00:21:44,960
so he was very familiar
with the road.
332
00:21:45,000 --> 00:21:47,640
He could ride over there
with his eyes closed.
333
00:21:49,600 --> 00:21:51,760
Sleepwalking is complex.
334
00:21:51,800 --> 00:21:54,760
It's more likely to occur in adults
335
00:21:54,800 --> 00:21:57,600
who had a history of sleepwalking
as a child.
336
00:21:58,280 --> 00:22:00,800
Certainly, there are sleepwalkers
who seem to do
337
00:22:00,840 --> 00:22:04,000
very co-ordinated, scary things.
338
00:22:05,840 --> 00:22:07,400
Something like driving a car.
339
00:22:08,600 --> 00:22:10,600
It's often automatic.
340
00:22:10,640 --> 00:22:12,960
It's a behaviour which is
over-learned.
341
00:22:14,680 --> 00:22:17,720
Something done dozens,
hundreds of times.
342
00:22:21,440 --> 00:22:24,520
It's one of these, "I did it so many
times, I could do it in my sleep."
343
00:22:32,480 --> 00:22:36,560
REPORTER: Breaking story. A killer's
unusual defence of sleepwalking.
344
00:22:36,600 --> 00:22:41,320
REPORTER: Randy Herman, 26,
is charged with first degree murder
in Preston's stabbing death.
345
00:22:41,360 --> 00:22:44,040
REPORTER: Herman told them
about his sleepwalking history
346
00:22:44,080 --> 00:22:45,360
corroborated by family.
347
00:22:45,400 --> 00:22:49,200
REPORTER: Herman will remain behind
bars at the Palm Beach County jail.
348
00:22:49,240 --> 00:22:52,120
Mr Walsh told me that he was going
to ask for continuance
349
00:22:52,160 --> 00:22:53,960
because he had discovered
that there was
350
00:22:54,000 --> 00:22:57,320
a legitimate potential
defence that he wanted to explore.
351
00:22:57,360 --> 00:22:59,200
It was the sleepwalking defence.
352
00:22:59,240 --> 00:23:03,440
I was very much taken aback because
in all my years, I'd never seen it.
353
00:23:04,560 --> 00:23:09,680
When Dr Ewing first brought up
sleepwalking, it seemed logical.
354
00:23:09,720 --> 00:23:12,560
But there's really not a defence for
that in Florida.
355
00:23:13,360 --> 00:23:16,200
In other states,
sleepwalking would seem to
356
00:23:16,240 --> 00:23:18,360
fold into diminished capacity.
357
00:23:18,400 --> 00:23:21,960
But we don't have a diminished
capacity defence here in Florida,
358
00:23:22,000 --> 00:23:25,760
so we had to find some way
to defend Randy's case.
359
00:23:25,800 --> 00:23:29,600
The DSM is like an encyclopaedia
for psychologists.
360
00:23:30,600 --> 00:23:33,960
And the DSM recognises sleepwalking
361
00:23:34,000 --> 00:23:36,480
as a mental disease or infirmity.
362
00:23:37,160 --> 00:23:40,160
So the DSM became the basis
for our case.
363
00:23:43,080 --> 00:23:45,680
OFFICER: Things happen, right?
364
00:23:51,200 --> 00:23:53,600
When the police questioned Randy,
365
00:23:53,640 --> 00:23:56,680
he was clearly remorseful
about what had happened.
366
00:23:56,720 --> 00:23:58,520
(SOBS)
367
00:24:04,480 --> 00:24:07,480
We like to follow our common sense
and follow the evidence
368
00:24:07,520 --> 00:24:11,280
and this appeared to be simply,
you know, an act of rage,
369
00:24:11,320 --> 00:24:15,960
an act of hatred, an act of
lover's scorn. Whatever happened...
370
00:24:17,720 --> 00:24:20,400
..on its face,
that's what it appeared to be.
371
00:24:20,440 --> 00:24:23,560
But then, you just know that what
you're going to have to explain
372
00:24:23,600 --> 00:24:25,600
is, well, where is the motive.
373
00:24:26,480 --> 00:24:29,520
Randy said he had no sexual interest
in Brooke Preston...
374
00:24:30,360 --> 00:24:33,960
and that there was no infatuation
between the two of them.
375
00:24:45,800 --> 00:24:47,440
OK.
376
00:24:48,400 --> 00:24:51,240
But when you looked at the dynamic
of the three of them,
377
00:24:51,280 --> 00:24:54,200
he is a young man,
he wasn't terribly attractive,
378
00:24:54,240 --> 00:24:56,440
kinda smaller, little bit heavier,
379
00:24:56,480 --> 00:24:59,520
and living in a home with these
two very attractive ladies.
380
00:24:59,560 --> 00:25:03,400
The vibe I got was like, OK, Randy
was in love with Brooke Preston.
381
00:25:04,640 --> 00:25:06,960
Maybe he attempted something sexual
382
00:25:07,000 --> 00:25:10,520
and she may have rebuffed him.
She may have been cruel about it.
383
00:25:10,560 --> 00:25:13,120
You know,
some people react violently
384
00:25:13,160 --> 00:25:16,400
when they are rebuffed
or laughed at...
385
00:25:17,800 --> 00:25:19,560
..and that's maybe what set him off.
386
00:25:20,920 --> 00:25:23,000
I feel like Randy
really liked Brooke.
387
00:25:23,040 --> 00:25:26,000
I do feel like Brooke
liked Randy as well.
388
00:25:27,000 --> 00:25:30,520
And...DIRECTOR: In a romantic way?
Yeah, every way.
389
00:25:33,240 --> 00:25:37,240
Then Brooke started getting serious
with this other guy, I guess.
390
00:25:39,400 --> 00:25:43,400
And if Randy started getting
feelings for Brooke...
391
00:25:45,600 --> 00:25:47,360
..love kills.
392
00:25:55,440 --> 00:25:57,600
MAJCHROWICZ: Brooke was
in a really committed
393
00:25:57,640 --> 00:26:00,040
and very public relationship
at the time.
394
00:26:02,240 --> 00:26:06,040
She posted stuff online
and talked about it all the time.
395
00:26:07,840 --> 00:26:12,240
Her boyfriend gets, like, a
promising job opportunity up north.
396
00:26:13,640 --> 00:26:15,640
They're pretty serious.
397
00:26:16,440 --> 00:26:20,840
Brooke had recently said
her and this guy were the real deal
398
00:26:20,880 --> 00:26:22,760
and they come to the decision
399
00:26:22,800 --> 00:26:26,040
that Brooke is going to move in
with her boyfriend.
400
00:26:29,680 --> 00:26:31,680
Did Brooke go to bed last night?
401
00:26:32,960 --> 00:26:36,040
She... She stayed somewhere else.
402
00:26:36,080 --> 00:26:40,280
She stayed somewhere else?
This morning, when she said goodbye,
403
00:26:40,320 --> 00:26:42,840
I gave her a T-shirt
for her boyfriend.
404
00:26:42,880 --> 00:26:44,040
OK.
405
00:26:44,080 --> 00:26:45,840
She came back.
406
00:26:45,880 --> 00:26:48,120
Did you know where she stayed
last night?
407
00:26:49,040 --> 00:26:51,320
With a friend.
At a friend's house.
408
00:26:51,360 --> 00:26:53,240
Do you know what the friend's
name is?
409
00:26:53,280 --> 00:26:55,280
Kyle.
Kyle.
410
00:26:57,880 --> 00:27:00,200
SCOTT:
The day before she was killed,
411
00:27:00,240 --> 00:27:03,320
Brooke and Randy
had been drinking all day.
412
00:27:03,360 --> 00:27:08,440
That night, Randy exhibited
very odd behaviours
that made her feel uncomfortable
413
00:27:08,480 --> 00:27:11,000
and she communicated that
to her friend Kyle.
414
00:27:12,440 --> 00:27:15,240
She called Kyle and said,
"You gotta come and get me."
415
00:27:15,280 --> 00:27:17,280
So Kyle came over.
416
00:27:19,080 --> 00:27:21,720
Kyle went to the kitchen
to get something to drink
417
00:27:21,760 --> 00:27:24,400
and didn't remembered
seeing where Randy went.
418
00:27:25,400 --> 00:27:28,560
And all of a sudden Brooke came
busting out of the bedroom,
419
00:27:28,600 --> 00:27:30,600
very upset,
420
00:27:32,000 --> 00:27:36,800
and told Kyle that "Randy was
just in my bedroom closet, naked."
421
00:27:38,440 --> 00:27:40,680
SCOTT: It really, really scared her
422
00:27:40,720 --> 00:27:44,240
and it just reeks of
some sort of sexual interest.
423
00:27:44,280 --> 00:27:49,280
There's other key pieces of evidence
that suggest that this
was sexually motivated.
424
00:27:49,320 --> 00:27:53,680
For example, he had a pair of fuzzy
handcuffs next to his bed,
425
00:27:53,720 --> 00:27:55,840
as well as the murder weapon,
a knife.
426
00:27:56,520 --> 00:27:59,320
He claimed that women like to be
tied down
427
00:27:59,360 --> 00:28:01,840
and they've enjoyed it
when he's done it before.
428
00:28:01,880 --> 00:28:04,680
SCOTT: Our theory to the case
was that Randy Herman
429
00:28:04,720 --> 00:28:06,800
was in love with Brooke Preston.
430
00:28:08,040 --> 00:28:10,040
And him being nude in the closet,
431
00:28:10,080 --> 00:28:12,280
and some of his behaviours
that night,
432
00:28:12,320 --> 00:28:15,600
maybe he saw as a way
to win her over,
433
00:28:15,640 --> 00:28:19,160
to show her how much he loved her.
434
00:28:19,200 --> 00:28:22,920
Ultimately, she was not interested.
He was sort of in the friend zone.
435
00:28:24,280 --> 00:28:27,400
And given that this case
had a sexual overtone to it,
436
00:28:27,440 --> 00:28:31,000
I just said to myself,
"This is not sleepwalking."
437
00:28:36,720 --> 00:28:40,080
If Randy Herman
was in a state of sleepwalking
438
00:28:40,120 --> 00:28:43,560
at the time he stabbed,
uh, the victim,
439
00:28:43,600 --> 00:28:46,880
then I believe this is an
explanation, an excuse,
440
00:28:46,920 --> 00:28:48,480
for what he did.
441
00:28:48,520 --> 00:28:50,520
We know that modern brain science
442
00:28:50,560 --> 00:28:53,280
says that there are reptilian
instincts,
443
00:28:54,560 --> 00:28:56,560
certain primitive behaviours,
444
00:28:58,000 --> 00:29:00,320
that served our predecessors -
445
00:29:00,360 --> 00:29:03,120
eat, sleep, hunting,
446
00:29:03,960 --> 00:29:06,440
sex, protection -
447
00:29:07,200 --> 00:29:09,480
and they are still
in there somewhere.
448
00:29:11,000 --> 00:29:14,360
When you're awake,
all these primitive instincts
449
00:29:14,400 --> 00:29:16,960
are inhibited by the part of the
brain
450
00:29:17,000 --> 00:29:20,360
that developed to stop us from
acting out,
451
00:29:20,400 --> 00:29:22,240
you know, these behaviours.
452
00:29:25,440 --> 00:29:28,480
But when you're sleeping,
the part of the brain
453
00:29:28,520 --> 00:29:32,000
that controls these primitive
behaviours is turned off.
454
00:29:33,520 --> 00:29:37,840
So sleepwalkers are acting out of
a primitive instinct.
455
00:29:37,880 --> 00:29:41,760
It's not that the sleepwalker
gets up and goes hunting
456
00:29:41,800 --> 00:29:43,800
or goes looking for a victim.
457
00:29:43,840 --> 00:29:49,360
This person is just a potential
danger, who is approaching them...
458
00:29:51,400 --> 00:29:53,840
..and they would not know
who that person was.
459
00:29:53,880 --> 00:29:55,880
Whoa!
460
00:29:58,240 --> 00:30:01,960
They're reacting to a trigger,
461
00:30:03,800 --> 00:30:05,440
something that can cause
462
00:30:05,480 --> 00:30:07,800
a brief arousal in your sleep.
463
00:30:07,840 --> 00:30:11,600
That could be a sound, touch.
464
00:30:11,640 --> 00:30:14,640
They wouldn't stab someone once
and say, "They're dead."
465
00:30:14,680 --> 00:30:18,720
They would keep going until,
at some level, they're satisfied
466
00:30:18,760 --> 00:30:20,920
there is no longer a risk
in front of them.
467
00:30:20,960 --> 00:30:23,520
And it's usually triggered
by the victim.
468
00:30:23,560 --> 00:30:26,360
So, in the case of Randy
and his roommate,
469
00:30:26,400 --> 00:30:28,800
we should be asking,
on that morning,
470
00:30:28,840 --> 00:30:31,760
did he perform
those violent behaviours
471
00:30:31,800 --> 00:30:34,480
while he was in a state of
sleepwalking?
472
00:30:51,720 --> 00:30:53,760
When Randy was a little kid,
473
00:30:53,800 --> 00:30:57,560
I didn't take him to the doctor
for sleepwalking
because it's a normal thing.
474
00:30:57,600 --> 00:31:00,600
I sleptwalked, my daughter
sleptwalked. We grew out of it.
475
00:31:00,640 --> 00:31:03,640
I didn't know it was a medical
thing. I never heard that.
476
00:31:04,440 --> 00:31:07,000
And anyways, you have to pay,
like, a lot of money
477
00:31:07,040 --> 00:31:10,160
if you want to take them
to the doctor for sleepwalking.
478
00:31:11,440 --> 00:31:15,320
Growing up, we didn't have a lot of
money. It was kind of rough.
479
00:31:15,360 --> 00:31:18,720
My mom, she was always working
all the time and...
480
00:31:18,760 --> 00:31:22,240
me and my brother,
were always at babysitters'.
481
00:31:24,480 --> 00:31:30,440
It was when they were younger
that their father and I split up.
482
00:31:37,240 --> 00:31:40,360
Growing up, I thought my dad,
like, lived so far away.
483
00:31:40,400 --> 00:31:42,280
And then, as I got older, I'm like,
484
00:31:42,320 --> 00:31:45,120
it was only 40 minutes away,
an hour away.
485
00:31:45,160 --> 00:31:48,200
But he always said that it was too
far for him to come drive.
486
00:31:49,840 --> 00:31:52,520
And he never really tried
to take the kids
487
00:31:52,560 --> 00:31:54,800
except for when Amanda got older -
488
00:31:54,840 --> 00:31:57,360
like, old enough to, like, clean
489
00:31:57,400 --> 00:31:59,720
and, you know, take care of herself.
490
00:31:59,760 --> 00:32:01,840
He told her
she could come live with him.
491
00:32:03,960 --> 00:32:05,960
That hurt Randy's feelings.
492
00:32:06,960 --> 00:32:10,640
And Randy just totally devastated
thinking Dad didn't love him.
493
00:32:11,760 --> 00:32:14,480
RANDY: Growing up, my father wasn't
really in the picture
494
00:32:14,520 --> 00:32:17,400
and we kinda got more and more
separate.
495
00:32:17,440 --> 00:32:20,640
The weekends together
would get longer and longer apart.
496
00:32:22,120 --> 00:32:24,120
(SQUEALS)
(CHUCKLES)
497
00:32:31,600 --> 00:32:34,160
AMANDA: My dad has always
drank a lot.
498
00:32:36,040 --> 00:32:38,760
Uh, he drank all the time.
499
00:32:40,480 --> 00:32:42,280
Before my dad and mom split up,
500
00:32:42,320 --> 00:32:44,520
they used to get into
pretty big fights.
501
00:32:48,120 --> 00:32:51,640
I remember one time,
my dad was drunk and he locked us
outside the house
502
00:32:51,680 --> 00:32:55,160
and I ended up peeing my pants.
I was only, like, five, I think.
503
00:32:55,200 --> 00:32:57,200
And then finally when he let us in,
504
00:32:57,240 --> 00:32:59,640
my mom and him got in a huge fight.
505
00:33:01,400 --> 00:33:03,320
(NERVOUS LAUGHTER ON VIDEO)
506
00:33:03,360 --> 00:33:05,160
That was a bad argument.
507
00:33:05,200 --> 00:33:07,200
He was drinking.
508
00:33:08,200 --> 00:33:09,440
'He opened the door...
509
00:33:11,920 --> 00:33:13,720
..and pulled me in by my hair.'
510
00:33:13,760 --> 00:33:14,880
Ow!
511
00:33:14,920 --> 00:33:17,880
He kept pushing your head
when you argued - the push.
512
00:33:17,920 --> 00:33:20,080
And he kept doing that
513
00:33:20,120 --> 00:33:23,120
and I didn't like it, so I turned
around and punched him in the face.
514
00:33:26,000 --> 00:33:28,000
Well, then he hit me back.
515
00:33:29,880 --> 00:33:31,400
So...
516
00:33:41,760 --> 00:33:45,640
Toxic masculinity is
a relatively new term.
517
00:33:46,600 --> 00:33:50,000
But it's really a term
that's describing an old idea.
518
00:33:50,040 --> 00:33:52,360
I'm going to the moon!
519
00:33:52,400 --> 00:33:54,440
Dink, say goodbye to Felix.
Hm?
520
00:33:54,480 --> 00:33:56,440
Uh, man talk.
521
00:33:56,480 --> 00:33:58,120
(SLAPPING)
522
00:33:58,160 --> 00:34:01,960
And it's a way of
exploiting male privilege
523
00:34:02,000 --> 00:34:05,480
in a way to create dominance
and power.
524
00:34:06,440 --> 00:34:11,280
Randy is a small guy,
living in a situation with two women
525
00:34:11,320 --> 00:34:15,120
who are, by all accounts, probably
in a stronger position than he is.
526
00:34:16,040 --> 00:34:17,920
They've got financial security.
527
00:34:18,680 --> 00:34:21,960
And I think there's something to be
said
528
00:34:22,000 --> 00:34:25,520
about the pressures of our
current time.
529
00:34:27,200 --> 00:34:29,600
That we live in a society where
530
00:34:29,640 --> 00:34:33,040
everything is open
for public consumption.
531
00:34:33,880 --> 00:34:37,240
And so people's envies
can be easily stirred
532
00:34:37,280 --> 00:34:39,680
because instead of
comparing themselves
533
00:34:39,720 --> 00:34:42,040
to the two or three kids
in their class,
534
00:34:42,080 --> 00:34:45,320
they've got, like,
40,000 on the internet
535
00:34:45,360 --> 00:34:47,440
that they're measuring
themselves against.
536
00:34:47,480 --> 00:34:51,280
And for those that have
a history of trauma, neglect,
537
00:34:51,320 --> 00:34:55,000
a history of feeling insufficient
in some way,
538
00:34:55,760 --> 00:34:59,040
they are more vulnerable
to being impacted
539
00:34:59,080 --> 00:35:01,640
by those feelings of envy
and longing.
540
00:35:01,680 --> 00:35:04,840
And they end up driving sometimes
some of their behaviours,
541
00:35:04,880 --> 00:35:06,520
some of their choices.
542
00:35:11,920 --> 00:35:13,760
REPORTER: Now shocking new details
543
00:35:13,800 --> 00:35:16,520
in the murder of a 21-year old
woman, whose body was found
544
00:35:16,560 --> 00:35:19,480
stabbed more than a dozen times
inside a West Palm Beach home.
545
00:35:19,520 --> 00:35:22,560
Here's the big twist in all of this,
a TV station in Pennsylvania
546
00:35:22,600 --> 00:35:26,640
now reporting that Randy Herman Sr,
the father of the suspected killer,
547
00:35:26,680 --> 00:35:29,800
he too was charged with murder,
accused of killing his girlfriend
548
00:35:29,840 --> 00:35:33,720
in February 2015. Now this case
was later dropped against him
549
00:35:33,760 --> 00:35:35,760
because he committed suicide.
550
00:35:36,600 --> 00:35:41,120
The woman had been murdered
and they were looking for my dad.
551
00:35:43,840 --> 00:35:46,240
I think there was some kind
of argument or fight...
552
00:35:47,640 --> 00:35:49,680
..and, um, he killed her.
553
00:35:51,920 --> 00:35:53,920
Then he shot himself.
554
00:35:57,240 --> 00:35:59,240
When I found out my father
555
00:35:59,280 --> 00:36:02,360
shot and killed his girlfriend
at the time,
556
00:36:03,400 --> 00:36:05,400
I was definitely conflicted.
557
00:36:05,440 --> 00:36:09,200
I mean, obviously, this was a person
that wasn't really in my life,
558
00:36:09,240 --> 00:36:11,880
and part of me felt like
I shouldn't really care.
559
00:36:12,920 --> 00:36:14,920
But another part of me
also felt like,
560
00:36:14,960 --> 00:36:16,960
you know, this is still my father.
561
00:36:19,480 --> 00:36:23,440
I think that Randy Sr's homicide
and later suicide,
562
00:36:23,480 --> 00:36:27,120
must have had a significant impact
on Randy Jr.
563
00:36:28,320 --> 00:36:33,120
Throughout his life, he has been
searching for this...loving father,
564
00:36:33,160 --> 00:36:35,160
a father he can connect with.
565
00:36:35,920 --> 00:36:38,640
And it's a father
he never really finds.
566
00:36:39,640 --> 00:36:42,440
And when he next hears about
his father,
567
00:36:42,480 --> 00:36:46,400
it's this devastating, ugly,
shameful kind of experience
568
00:36:46,440 --> 00:36:50,480
that reflects on him.
They have the same name, right?
569
00:36:50,520 --> 00:36:52,480
He can't get away from it.
570
00:36:52,520 --> 00:36:54,840
And that, for a young guy like him,
571
00:36:54,880 --> 00:36:57,360
who is already struggling
with his identity,
572
00:36:57,400 --> 00:36:59,360
that would've been quite impactful.
573
00:37:01,680 --> 00:37:04,440
AMANDA: My brother had to go
and clean out my dad's house.
574
00:37:04,480 --> 00:37:09,720
And at the time, I was... I was so
upset, I was the one crying
575
00:37:09,760 --> 00:37:14,000
and he had to go in there and clean
up the mess from the shooting.
576
00:37:15,240 --> 00:37:17,560
So he had to clean up the carpets
577
00:37:17,600 --> 00:37:19,600
and the walls...
578
00:37:20,480 --> 00:37:23,200
and I think that
probably wasn't good for him.
579
00:37:23,240 --> 00:37:25,760
It probably did some damage.
580
00:37:27,840 --> 00:37:31,360
When I learned that his dad had
killed his own girlfriend,
581
00:37:32,440 --> 00:37:34,400
I thought they would run with that
582
00:37:34,440 --> 00:37:37,720
as some kind of an explanation
for some mental defence.
583
00:37:39,280 --> 00:37:41,280
You know, like father, like son.
584
00:37:45,840 --> 00:37:50,120
RANDY: After my father had passed
away, I moved back in with my mother
585
00:37:50,160 --> 00:37:54,440
and I was working at a meat
processing plant in the head room.
586
00:37:55,120 --> 00:37:59,800
I used an air knife and my job was
removing meat from a jaw bone.
587
00:38:00,640 --> 00:38:02,960
I'd just stand in a stationary
position
588
00:38:03,000 --> 00:38:05,760
and just take meat off a jaw bone
589
00:38:05,800 --> 00:38:08,000
and put it on a conveyor belt
and that was it.
590
00:38:08,040 --> 00:38:10,040
It really was a dead-end job.
591
00:38:10,760 --> 00:38:14,120
I was worried. I think
he was struggling with Dad's death.
592
00:38:14,160 --> 00:38:16,320
I think it all just got to him.
593
00:38:17,120 --> 00:38:20,680
Things just weren't going well.
I wasn't really going anywhere.
594
00:38:21,720 --> 00:38:24,280
I was just doing the same thing
every day.
595
00:38:25,320 --> 00:38:28,760
Take meat off a jawbone,
put it on a conveyor belt.
596
00:38:29,440 --> 00:38:31,880
You know, I just felt kinda stuck.
597
00:38:31,920 --> 00:38:34,560
I realised how much
I had taken for granted
598
00:38:34,600 --> 00:38:36,600
and how many chances I was given.
599
00:38:38,280 --> 00:38:41,200
And, you know, I really went into
a depressed cycle.
600
00:38:51,360 --> 00:38:53,680
And, at that time,
my close friend Jordan,
601
00:38:53,720 --> 00:38:57,000
she had got a job opportunity
in West Palm Beach.
602
00:38:57,840 --> 00:38:59,920
She was moving down there
and we made jokes
603
00:38:59,960 --> 00:39:01,800
about me moving down there with her.
604
00:39:04,240 --> 00:39:06,720
The more we talked about
me moving down there with them,
605
00:39:07,760 --> 00:39:09,480
the more it kinda became serious.
606
00:39:12,400 --> 00:39:15,800
Eventually, over time, I thought
maybe this would be a good idea.
607
00:39:16,600 --> 00:39:19,520
To get out of this, you know,
dead-end cycle that I'm in
608
00:39:19,560 --> 00:39:22,080
and move to West Palm Beach
and start fresh and...
609
00:39:22,120 --> 00:39:23,960
and get a career and really,
you know,
610
00:39:24,000 --> 00:39:26,240
help my life get back
on the right track.
611
00:39:29,760 --> 00:39:33,120
He's got lots of money because
he had his father's inheritance.
612
00:39:33,160 --> 00:39:35,280
I didn't blame him
for wanting to go to Florida.
613
00:39:35,320 --> 00:39:37,720
I figured, what are you gonna do,
you know.
614
00:39:37,760 --> 00:39:39,440
It's like he has his reasons.
615
00:39:39,480 --> 00:39:41,840
He wanted to go
and make something of himself.
616
00:39:41,880 --> 00:39:43,640
He used to always tell me that
617
00:39:43,680 --> 00:39:46,760
he was going to make lots of money
and buy me a house down there.
618
00:39:46,800 --> 00:39:49,680
So he went to West Palm Beach
with his friends.
619
00:39:58,880 --> 00:40:01,360
Jordan and me and Brooke, decided to
620
00:40:01,400 --> 00:40:03,720
ultimately look for a house
together.
621
00:40:03,760 --> 00:40:05,880
We were looking at different places
622
00:40:05,920 --> 00:40:08,520
and we found the house at Sarazen
Drive.
623
00:40:10,800 --> 00:40:14,280
It was a nice three-bedroom house,
just west of West Palm Beach.
624
00:40:14,320 --> 00:40:16,920
That would be the house
we'd move into.
625
00:40:16,960 --> 00:40:18,920
It was exciting.
626
00:40:18,960 --> 00:40:22,440
It was positive, you know. It was
three young adults moving down.
627
00:40:23,520 --> 00:40:26,000
BURGER: When we first met
Brooke, Randy and Jordan,
628
00:40:26,040 --> 00:40:28,160
they were always joking around
with each other.
629
00:40:28,920 --> 00:40:30,880
Me and Randy, we clicked instantly.
630
00:40:30,920 --> 00:40:34,440
It clicked even better when we found
out we both just moved to Florida
631
00:40:34,480 --> 00:40:36,880
from small little country states.
632
00:40:38,160 --> 00:40:40,640
He's a country boy.
Like, he's country.
633
00:40:40,680 --> 00:40:43,720
I mean, the dude kept a knife
next to his bed.
634
00:40:43,760 --> 00:40:46,360
I don't know how much more country
you can get than that.
635
00:40:46,400 --> 00:40:48,800
Like...like
it was there every single day.
636
00:40:49,560 --> 00:40:52,760
But we were making good money
at the business we were doing,
637
00:40:52,800 --> 00:40:56,040
selling Internet and cable
at Walmart. That's what we did.
638
00:40:56,920 --> 00:40:59,880
So the day is finally over
and I get my beer.
639
00:40:59,920 --> 00:41:01,840
'I'm working.
We're having a good time.'
640
00:41:01,880 --> 00:41:05,360
It's obviously a fun environment.
It's a party lifestyle.
641
00:41:07,320 --> 00:41:09,960
'Drinking lot of times.
Having friends over a lot.'
642
00:41:12,000 --> 00:41:14,440
BURGER: And Randy was
the life of the party.
643
00:41:14,480 --> 00:41:16,920
Because when he walks into a room,
it's crazy
644
00:41:16,960 --> 00:41:20,800
because he just brings this smile
and this energy and this everything.
645
00:41:22,560 --> 00:41:24,440
This thing is so slow.
646
00:41:25,920 --> 00:41:28,560
I mean, I was surrounded
by close friends,
647
00:41:28,600 --> 00:41:31,120
we get along great.
It was just a good time.
648
00:41:43,520 --> 00:41:47,320
Consistent with their generation,
Randy and Brooke
649
00:41:47,360 --> 00:41:51,080
both seemed to be actively engaged
in social media...
650
00:41:52,320 --> 00:41:56,040
..and the reward system
that one gets in social media,
651
00:41:56,080 --> 00:41:58,600
posting, getting recognition.
652
00:42:01,400 --> 00:42:05,120
And Randy is posting
at two, three in the morning,
653
00:42:05,720 --> 00:42:08,720
obviously having not slept.
654
00:42:09,800 --> 00:42:12,440
We know that sleep is really
important
655
00:42:12,480 --> 00:42:16,080
for a lot of things, including
consolidation of memory,
656
00:42:16,120 --> 00:42:18,600
cognition, learning.
657
00:42:19,440 --> 00:42:23,120
And mood regulation - affect
regulation, emotional regulation.
658
00:42:30,240 --> 00:42:33,160
AMANDA: I was reading about
Randy's case online
659
00:42:33,200 --> 00:42:36,480
and there was a bunch of comments
about my brother being a monster
660
00:42:36,520 --> 00:42:40,400
and he deserves way worse
than life in prison.
661
00:42:46,560 --> 00:42:50,760
It's upsetting
because I know he's not a monster.
662
00:42:50,800 --> 00:42:55,400
But it's a small town,
everybody judges everybody.
663
00:42:58,200 --> 00:43:02,240
I know my mom is worried about
seeing people from around here.
664
00:43:03,440 --> 00:43:05,320
It took a toll on her.
665
00:43:06,520 --> 00:43:10,360
REPORTER: A stabbing in Florida
involved two people from Wyalusing.
666
00:43:10,400 --> 00:43:13,560
One is now dead
and the other is behind bars.
667
00:43:13,600 --> 00:43:17,080
I mean, just knowing the family,
it's heartbreaking.
668
00:43:17,120 --> 00:43:20,320
It was two years
before the trial even started.
669
00:43:20,360 --> 00:43:22,080
Two very long years.
670
00:43:23,840 --> 00:43:27,040
Around Wyalusing,
where the Prestons were from,
671
00:43:27,080 --> 00:43:29,080
they know who I am.
672
00:43:31,120 --> 00:43:34,040
I'm afraid I'm gonna run into
the father, Mr Preston,
673
00:43:34,080 --> 00:43:37,680
who is a very nice man,
and I don't want to.
674
00:43:37,720 --> 00:43:40,080
You know, what do you say?
675
00:43:40,120 --> 00:43:42,760
There's nothing to say.
I don't know what to say.
676
00:43:42,800 --> 00:43:45,280
(TEARFULLY) But there's
two sides to every story.
677
00:43:47,800 --> 00:43:50,520
Everybody knew
that it was BS from the beginning,
678
00:43:51,440 --> 00:43:55,400
You take someone's life like that,
I think you should lose yours too.
679
00:44:08,640 --> 00:44:11,800
Randy claims he didn't remember
what happened at the moment.
680
00:44:11,840 --> 00:44:16,120
For a case like this, when the
defendant says, "I don't remember",
681
00:44:16,160 --> 00:44:19,040
my mind immediately goes to,
"OK, what were the facts?"
682
00:44:19,080 --> 00:44:21,600
What does Randy remember?
What led up to this?
683
00:44:26,720 --> 00:44:28,720
Randy Herman, Brooke Preston
684
00:44:28,760 --> 00:44:30,720
and her older sister,
Jordan Preston,
685
00:44:30,760 --> 00:44:33,840
were living together
at a single family residence
686
00:44:33,880 --> 00:44:35,640
on Sarazen Drive.
687
00:44:37,080 --> 00:44:39,880
But Jordan had left
for a couple of days
688
00:44:39,920 --> 00:44:42,400
to spend some time
with her boyfriend in Colorado.
689
00:44:43,680 --> 00:44:46,280
Meanwhile,
Brooke had made the decision
690
00:44:46,320 --> 00:44:49,480
to move, to live with her
long-time boyfriend up in New York.
691
00:44:49,520 --> 00:44:52,600
So she had come to that house
to pack up her things
692
00:44:52,640 --> 00:44:56,440
and drive north...
and say goodbye to Randy.
693
00:45:01,720 --> 00:45:04,320
Thursday morning,
I woke up at 3:00
694
00:45:04,360 --> 00:45:07,800
and picked her up
at the Fort Lauderdale Airport.
695
00:45:07,840 --> 00:45:11,680
We drove back to the house.
I ended up dropping her off.
696
00:45:11,720 --> 00:45:15,800
It was still fairly early so, at
that time, I went to the beach...
697
00:45:17,640 --> 00:45:19,920
..and I was able to catch the
sunrise.
698
00:45:23,160 --> 00:45:25,840
Later that morning,
we decided to go out to the beach.
699
00:45:27,600 --> 00:45:30,720
Brooke had spent the whole day
at the beach with Randy.
700
00:45:30,760 --> 00:45:33,400
They had been drinking
quite a bit at the time.
701
00:45:33,440 --> 00:45:37,200
Later that afternoon,
they went back to the house,
702
00:45:37,240 --> 00:45:39,120
where they continued drinking.
703
00:45:43,720 --> 00:45:46,280
From then on
I was just heavily intoxicated.
704
00:45:47,080 --> 00:45:50,920
Me and Brooke drinking
on the back porch was, you know,
my last clear memory.
705
00:45:53,000 --> 00:45:54,880
Randy continued to drink.
706
00:45:54,920 --> 00:45:59,000
That's when Brooke texted Kyle,
you know, Randy's acting strange.
707
00:45:59,040 --> 00:46:01,360
So we know that
Kyle came to the house
708
00:46:01,400 --> 00:46:04,520
and then the "naked in the closet"
event had happened.
709
00:46:05,880 --> 00:46:07,520
She was very shaken.
710
00:46:08,440 --> 00:46:12,000
Brooke said to Kyle, "Get me out of
here. I can't stay here tonight.
711
00:46:12,040 --> 00:46:15,000
I need to stay over at your house."
And she did.
712
00:46:21,520 --> 00:46:25,000
RANDY: Waking up the next morning,
I was half hung over.
713
00:46:25,040 --> 00:46:28,080
I was really dehydrated, thirsty.
I went to get some water.
714
00:46:29,280 --> 00:46:31,280
That's when I ran into Brooke.
715
00:46:32,160 --> 00:46:35,400
She had come back and was gathering
the last of her belongings.
716
00:46:36,520 --> 00:46:38,280
I decided to go back to bed.
717
00:46:39,200 --> 00:46:41,400
Meanwhile, Kyle and Brooke
go to breakfast.
718
00:46:42,520 --> 00:46:45,800
A few minutes later, Randy texted
her to see where she is
719
00:46:45,840 --> 00:46:49,560
and she says, "Hey, we're gonna go
to breakfast, if you wanna go."
720
00:46:50,720 --> 00:46:52,920
He said no, he was in bed asleep,
721
00:46:54,840 --> 00:46:56,840
but he had something for her.
722
00:46:59,520 --> 00:47:03,160
RANDY: I remembered I had a T-shirt
I wanted to give to Brooke
723
00:47:03,200 --> 00:47:05,120
to take to her boyfriend Bryan.
724
00:47:05,800 --> 00:47:08,000
I wanted to give that to Brooke,
before she left.
725
00:47:11,720 --> 00:47:14,760
She said she would stop by
as soon as they had breakfast.
726
00:47:22,640 --> 00:47:25,520
RANDY: The next thing I remember
is her calling my name.
727
00:47:26,800 --> 00:47:28,920
I had sat up in bed.
She came in my room.
728
00:47:30,120 --> 00:47:32,120
I told her where the T-shirt was.
729
00:47:32,920 --> 00:47:35,280
She picked up the T-shirt.
730
00:47:35,320 --> 00:47:37,320
She was smiling, saying thank you.
731
00:47:38,520 --> 00:47:41,080
She came over, gave me a hug
and said goodbye.
732
00:47:43,120 --> 00:47:44,720
She shut the door...
733
00:47:45,920 --> 00:47:47,720
..and I laid back down.
734
00:47:54,920 --> 00:47:57,080
We know at 8:49 in the morning,
735
00:47:57,880 --> 00:48:01,280
a gentleman in the neighbourhood
by the of name Mr Childers
736
00:48:01,320 --> 00:48:04,280
walks by the house
and claims to have heard screams.
737
00:48:05,880 --> 00:48:09,640
So the attack likely occurs
somewhere within those ten minutes.
738
00:48:13,200 --> 00:48:18,160
I was able to place Brooke
in certain places and positions
739
00:48:18,200 --> 00:48:21,520
when she received
some of her stab wounds.
740
00:48:26,360 --> 00:48:29,240
It began at the end of the hall
where the bedrooms were located.
741
00:48:31,160 --> 00:48:32,960
It then proceeded
742
00:48:33,000 --> 00:48:37,200
down the hallway and into
the living room by the fireplace.
743
00:48:38,880 --> 00:48:41,920
There was some activity
at the fireplace.
744
00:48:46,680 --> 00:48:50,320
And then I believe ultimately, she
was dragged back into the hallway.
745
00:48:53,360 --> 00:48:56,600
I can tell you
that she was still alive
746
00:48:56,640 --> 00:48:59,720
when she was
in her final resting position...
747
00:49:02,040 --> 00:49:06,000
..because as she laid in the
position that we found her in,
748
00:49:06,040 --> 00:49:08,840
she was expirating blood from her
nose and mouth...
749
00:49:09,920 --> 00:49:12,000
..until she finally just succumbed.
750
00:49:17,040 --> 00:49:18,880
RANDY: And then I come to
751
00:49:18,920 --> 00:49:22,080
standing over the top of her,
covered in blood.
752
00:49:22,120 --> 00:49:23,920
And I'm holding a knife in my hand.
753
00:49:26,160 --> 00:49:29,000
We know that we see Randy
get into his car.
754
00:49:30,120 --> 00:49:31,920
That's when he leaves and calls 911.
755
00:49:32,640 --> 00:49:34,480
(BEEPING TONE)
756
00:49:34,520 --> 00:49:37,360
OPERATOR: 911 emergency.
RANDY: You need to send police.
757
00:49:38,640 --> 00:49:42,520
Someone's been murdered.
I'm at Haverhill Park.
758
00:49:42,560 --> 00:49:44,920
Just send the police.
It was me. I'm sorry.
759
00:49:44,960 --> 00:49:46,960
(HANGS UP)
760
00:49:50,800 --> 00:49:52,880
MCROBERTS: She was stabbed 25 times.
761
00:49:53,760 --> 00:49:55,760
She had defensive wounds.
762
00:49:56,520 --> 00:50:01,120
It was clear from the scene
that she had struggled desperately.
763
00:50:01,720 --> 00:50:04,640
We know that it's not easy
to stab a human body.
764
00:50:04,680 --> 00:50:08,120
And then to do it repeatedly
when somebody is fighting back -
765
00:50:08,160 --> 00:50:10,160
they're resisting
and they're screaming
766
00:50:10,200 --> 00:50:12,800
and they're scratching
and trying to get away.
767
00:50:12,840 --> 00:50:15,720
And from what we know about Brooke,
she was feisty.
768
00:50:16,960 --> 00:50:20,120
When you look at the degree
to which she fought back,
769
00:50:20,160 --> 00:50:22,040
it wasn't over in an instant.
770
00:50:24,680 --> 00:50:27,240
His hands were injured pretty badly.
771
00:50:28,480 --> 00:50:32,440
Those are all stimuli that would
awaken a person who's sleepwalking.
772
00:50:33,200 --> 00:50:37,960
That all goes to show that clear
intent of wanting to kill somebody.
773
00:50:42,960 --> 00:50:44,840
Sleepwalkers
are well-known to have
774
00:50:44,880 --> 00:50:48,560
a very high threshold for pain
775
00:50:48,600 --> 00:50:50,880
and for arousal.
776
00:50:50,920 --> 00:50:53,680
It's very difficult
to wake up a sleepwalker.
777
00:50:56,960 --> 00:51:00,200
The research we did about
the sleepwalking showed
778
00:51:00,240 --> 00:51:03,800
there are people that will sleepwalk
out of a second-storey window.
779
00:51:03,840 --> 00:51:07,400
And they're not gonna
wake up immediately
after they hit the ground,
780
00:51:07,440 --> 00:51:09,880
even though
they're gonna be injured, right?
781
00:51:09,920 --> 00:51:13,320
So, the cuts around his hand
wouldn't have been something
782
00:51:13,360 --> 00:51:17,680
that would have necessarily startled
him out of his sleepwalking episode.
783
00:51:17,720 --> 00:51:20,360
Nor would the physical nature
of the attack.
784
00:51:27,440 --> 00:51:29,800
As a journalist
with the Palm Beach Post newspaper,
785
00:51:29,840 --> 00:51:34,120
I primarily focus on criminal
justice and courts coverage.
786
00:51:35,200 --> 00:51:37,680
When I first heard about
the Randy Herman trial,
787
00:51:37,720 --> 00:51:39,960
I was speaking directly
to other journalists
788
00:51:40,000 --> 00:51:41,720
and it was very much one of those,
789
00:51:41,760 --> 00:51:44,640
"You'll never believe what I'm
covering, what's happening".
790
00:51:46,080 --> 00:51:49,520
Covering courts for so long and for
just being in the news industry,
791
00:51:49,560 --> 00:51:51,720
you think you've heard everything.
792
00:51:51,760 --> 00:51:55,680
But the sleepwalking defence is
something that doesn't happen a lot.
793
00:51:55,720 --> 00:51:57,520
So my immediate thought was like,
794
00:51:57,560 --> 00:52:00,600
"OK, let me go find the documents,
see if this is legit".
795
00:52:02,640 --> 00:52:04,720
How many other times
has this happened before?
796
00:52:07,640 --> 00:52:10,480
There were a couple more famous
sleepwalking cases.
797
00:52:11,520 --> 00:52:14,920
There was one with a four-year-old
boy who the father had killed...
798
00:52:15,720 --> 00:52:18,720
and another one where a man ended up
killing his wife.
799
00:52:19,720 --> 00:52:22,680
And both of them
were found not guilty.
800
00:52:22,720 --> 00:52:26,120
I know that sleepwalking has been
used in other states as a defence.
801
00:52:27,120 --> 00:52:29,200
But this was a first case in
Florida.
802
00:52:32,120 --> 00:52:35,880
It's a big hurdle to jump when you
have a burden to prove that
something happened.
803
00:52:35,920 --> 00:52:37,720
You're basically telling the jury,
804
00:52:37,760 --> 00:52:41,400
"Yeah, this happened but it's
because Randy sleepwalks."
805
00:52:42,520 --> 00:52:44,760
And when you go back to, kind of,
the empathy,
806
00:52:44,800 --> 00:52:48,240
that people may feel for Brooke
and her family and the situation,
807
00:52:48,920 --> 00:52:51,840
that also is another big hurdle to
jump.
808
00:52:53,840 --> 00:52:55,840
RANDY: (ON PHONE)
Did you talk to the lawyer?
809
00:52:55,880 --> 00:52:59,560
Did he tell you how much time
I could be looking at?
810
00:52:59,600 --> 00:53:01,920
KATHI: Well, he's not sure.
811
00:53:01,960 --> 00:53:05,400
Hopefully, within the next couple of
weeks, I'll hear something.
812
00:53:05,440 --> 00:53:07,440
I don't know.
813
00:53:07,480 --> 00:53:10,200
In cases like this,
where the evidence is overwhelming,
814
00:53:10,240 --> 00:53:13,800
we fully expect that there would be
an attempt to negotiate
815
00:53:13,840 --> 00:53:16,200
a resolution that everybody
could live with.
816
00:53:18,640 --> 00:53:21,120
WALSH: Most cases obviously end up
in a plea bargain.
817
00:53:21,160 --> 00:53:24,160
Usually the plea offers
are also pretty high.
818
00:53:24,200 --> 00:53:26,360
They mentioned a plea of 50 years,
819
00:53:26,400 --> 00:53:29,080
but it was just really too high
for us.
820
00:53:29,120 --> 00:53:33,560
If you're 20 years old
or 60 years old, you'll spend the
rest of your life in prison.
821
00:53:34,360 --> 00:53:38,480
The defence was unwilling to
negotiate it to anything that would
be acceptable
822
00:53:38,520 --> 00:53:40,600
in light of what had happened.
823
00:53:40,640 --> 00:53:42,400
And so we were sort of at an
impasse.
824
00:53:43,200 --> 00:53:47,080
RANDY: 50. 50 years. Five-Zero.
KATHI: Is that what he told you?
825
00:53:47,120 --> 00:53:49,960
Yes, I mean there's no way.
What do they have
826
00:53:50,000 --> 00:53:54,160
that's evidence of premeditation?
You know, it's outrageous.I know.
827
00:53:54,200 --> 00:53:56,840
In my eyes,
I figure I'd take it to trial.
828
00:53:56,880 --> 00:54:00,880
There's no way I'm gonna get
convicted of first-degree
premeditated murder.
829
00:54:00,920 --> 00:54:02,760
If I got second degree murder,
830
00:54:02,800 --> 00:54:05,720
I'd probably be facing
somewhere around 50, anyway.
831
00:54:05,760 --> 00:54:08,480
So, why not take my chances at
trial?
832
00:54:08,520 --> 00:54:10,280
I love you, honey.
833
00:54:11,000 --> 00:54:14,840
When I sat down with Randy,
at some point in the interview,
834
00:54:14,880 --> 00:54:16,760
I said, "Tell me a bit about
yourself."
835
00:54:16,800 --> 00:54:20,360
You know, he indicated he had never
read the Harry Potter books before.
836
00:54:20,400 --> 00:54:24,440
And so he was making his way
through the series.
837
00:54:24,480 --> 00:54:28,520
And he described parallels
in the Harry Potter books.
838
00:54:28,560 --> 00:54:32,360
You know, anyone who is sentenced
to Azkaban,
839
00:54:32,400 --> 00:54:37,400
they're basically forced to relive
their life's worst moments.
840
00:54:38,520 --> 00:54:41,720
You have Randy standing
over Brooke's body,
841
00:54:43,400 --> 00:54:45,280
both of them covered in blood,
842
00:54:45,320 --> 00:54:48,200
and he described his time in prison
843
00:54:48,240 --> 00:54:50,520
to be his own Azkaban.
844
00:54:51,320 --> 00:54:53,640
I wanted to get him
the best lawyer I could.
845
00:54:53,680 --> 00:54:57,080
You're talking about thousands of
dollars and there's no way we...
846
00:54:57,120 --> 00:55:01,720
We don't have it.
We knew we had no choice
but to go with the public defender.
847
00:55:01,760 --> 00:55:04,920
I trusted Joe Walsh and his
investigator.
848
00:55:06,120 --> 00:55:09,280
Before the trial,
I was nervous but I was hopeful
849
00:55:09,320 --> 00:55:14,440
because I felt that they would see
Randy for who he is.
850
00:55:22,040 --> 00:55:26,200
Randy Herman's trial was actually my
first trial that I ever sat on.
851
00:55:26,240 --> 00:55:30,440
I was sitting in the selection of
it. They were asking questions
852
00:55:30,480 --> 00:55:34,280
and people are raising their hands
saying, "I can't be in this."
853
00:55:34,320 --> 00:55:37,520
But I ended up making it through
the whole process.
854
00:55:37,560 --> 00:55:39,840
WOMAN: When you're on a jury,
855
00:55:39,880 --> 00:55:42,960
you see stuff that you normally
would see on crime shows.
856
00:55:45,080 --> 00:55:47,680
And then to see it in real life,
it is different.
857
00:55:47,720 --> 00:55:50,480
It's not the same. (CHUCKLES)
TV is gonna have actors.
858
00:55:50,520 --> 00:55:52,120
This is real life.
859
00:55:53,560 --> 00:55:56,240
And the person sitting there,
you're deciding their fate.
860
00:55:56,280 --> 00:56:00,040
You're faced with a grave
responsibility. Thank you.
861
00:56:00,080 --> 00:56:02,320
'And that's a big responsibility.'
862
00:56:03,200 --> 00:56:06,280
You have their family there
and if you get it wrong,
863
00:56:06,320 --> 00:56:07,880
now you might have somebody
864
00:56:07,920 --> 00:56:11,560
who's holding you responsible
for not letting them go free.
865
00:56:12,560 --> 00:56:16,280
Something very unusual was the fact
that he did admit it.
866
00:56:16,320 --> 00:56:19,480
He knew, the police knew,
he did murder her.
867
00:56:19,520 --> 00:56:22,320
RANDY: (ON PHONE)
Just send the police, it was me.
868
00:56:22,360 --> 00:56:25,400
I think everyone's heard
of sleepwalking, right?
869
00:56:25,440 --> 00:56:28,280
But as to murdering somebody.
870
00:56:28,320 --> 00:56:32,200
You always hear about sleepwalking,
somebody doing something silly.
871
00:56:32,240 --> 00:56:35,160
And then they would get pushed
back to their bedroom.
872
00:56:35,200 --> 00:56:37,280
and say, "OK, go back to sleep."
873
00:56:38,240 --> 00:56:40,960
Did he have the intention of killing
her
874
00:56:41,000 --> 00:56:44,200
or did he kill her on accident?
875
00:56:44,240 --> 00:56:46,920
That's what we were trying to get at
between the two.
876
00:56:48,040 --> 00:56:52,080
I remember thinking, "I'm going
to keep my mind open and listen
to all the facts."
877
00:56:52,120 --> 00:56:54,600
I wasn't making a judgement either
way.
878
00:56:54,640 --> 00:56:57,000
It was for them to give us the facts
879
00:56:57,040 --> 00:57:00,360
and let us decide whether we
believed it could be sleepwalking.
880
00:57:15,640 --> 00:57:18,560
There seemed to be really
three possibilities.
881
00:57:18,600 --> 00:57:21,200
One, that Randy is lying.
882
00:57:21,240 --> 00:57:25,640
He did this, he remembers everything
and he's lying about it.
883
00:57:25,680 --> 00:57:30,040
The second possibility is the
possibility posed by his defence,
884
00:57:30,080 --> 00:57:35,120
which is that he experienced a
parasomnia
885
00:57:35,160 --> 00:57:38,640
and the result of that was that he
had no consciousness
886
00:57:38,680 --> 00:57:40,760
of what he was doing,
887
00:57:40,800 --> 00:57:43,960
and has no conscious recollection
of having done it.
888
00:57:44,000 --> 00:57:48,080
And then, of course,
there is the third possibility
889
00:57:48,120 --> 00:57:49,960
that he may have done this
890
00:57:50,000 --> 00:57:53,800
in an act of rage triggered by
891
00:57:53,840 --> 00:57:57,040
the traumatic
experience of rejection.
892
00:57:59,080 --> 00:58:02,960
And so he has either dissociated
from it
893
00:58:03,000 --> 00:58:07,520
or can't allow himself to own what
he does actually remember about it.
894
00:58:18,040 --> 00:58:19,760
REPORTER: In court, Randy Herman,
895
00:58:19,800 --> 00:58:22,840
now 26, is on trial charged
with the first-degree murder
896
00:58:22,880 --> 00:58:24,640
in Preston's stabbing death.
897
00:58:25,440 --> 00:58:27,640
(GAVEL BANGS)
898
00:58:27,680 --> 00:58:29,440
Ladies and gentlemen of our jury,
899
00:58:29,480 --> 00:58:33,760
I'm going to turn to the people
of the State of Florida
to make opening statements.
900
00:58:33,800 --> 00:58:36,080
Miss McRoberts,
you may proceed when you're ready.
901
00:58:36,840 --> 00:58:40,960
The date, as you know,
was March 25th of 2017,
902
00:58:41,000 --> 00:58:43,720
when this defendant
in the early morning hours
903
00:58:43,760 --> 00:58:45,840
ended the life of a young woman
904
00:58:45,880 --> 00:58:48,960
who had done nothing to deserve it.
905
00:58:49,000 --> 00:58:51,160
Our initial intent
is to show to the jury
906
00:58:51,200 --> 00:58:53,760
that despite what
the psychological experts will say,
907
00:58:53,800 --> 00:58:56,520
and his history
of his potential sleepwalking,
908
00:58:57,160 --> 00:59:01,000
Randy had developed
an unnatural liking to Brooke.
909
00:59:01,040 --> 00:59:03,360
She did rebuff him, she was over
him,
910
00:59:03,400 --> 00:59:05,400
and she was done with his behaviour.
911
00:59:07,160 --> 00:59:09,120
It wasn't more complex than that.
912
00:59:13,040 --> 00:59:15,760
We knew the State's
contention really was
913
00:59:15,800 --> 00:59:18,640
to exploit a sexual angle in the
case.
914
00:59:20,120 --> 00:59:22,320
We know the night before this
happened,
915
00:59:22,360 --> 00:59:26,200
Randy apparently was in the room
naked and in the closet.
916
00:59:26,240 --> 00:59:29,320
And that was something that Brooke
was not comfortable with.
917
00:59:35,400 --> 00:59:38,400
So we just kind of decided
to focus on the dynamics
918
00:59:38,440 --> 00:59:40,720
of the relationship between
Randy and Brooke.
919
00:59:41,760 --> 00:59:43,800
WOMAN: Good afternoon,
Miss Preston.
920
00:59:43,840 --> 00:59:46,360
Are you Brooke's sister?
Yes.
921
00:59:47,680 --> 00:59:50,800
When Brooke's sister, Jordan,
took the stand for the defence,
922
00:59:50,840 --> 00:59:53,880
it was kind of a surprise.
Normally you don't have
923
00:59:53,920 --> 00:59:57,240
the family of the deceased speaking
in the defence's case.
924
00:59:58,160 --> 01:00:01,760
When did you meet Randy?I
was probably around 15 years old.
925
01:00:01,800 --> 01:00:04,640
And was that down here
or somewhere else?
926
01:00:04,680 --> 01:00:07,520
In Pennsylvania.
How did you meet?
927
01:00:08,200 --> 01:00:10,200
Uh, through mutual friends.
928
01:00:11,720 --> 01:00:14,160
She was very...quiet.
929
01:00:15,240 --> 01:00:18,480
Like she was hurt and afraid.
930
01:00:20,200 --> 01:00:22,040
I mean, how could you not be?
931
01:00:23,480 --> 01:00:27,080
WILSON: At this point, you've known
Mr Herman for a few years?
932
01:00:28,680 --> 01:00:30,520
Yeah.
933
01:00:30,560 --> 01:00:35,520
Had he ever exhibited any sort of
romantic or sexual interest in you?
934
01:00:35,560 --> 01:00:37,320
No.
935
01:00:37,360 --> 01:00:41,360
Any romantic or sexual interest
in your sister Brooke?
936
01:00:41,400 --> 01:00:44,160
No.
And living together in a house,
937
01:00:44,200 --> 01:00:47,080
you all were pretty close
and comfortable with each other.
938
01:00:47,120 --> 01:00:49,520
Is that accurate to say?
Yeah.OK.
939
01:00:49,560 --> 01:00:52,680
I'm going to publish this
evidence as...
940
01:00:52,720 --> 01:00:55,240
You may.
..Defence Exhibit Three.
941
01:00:55,280 --> 01:00:56,400
Um...
942
01:00:57,560 --> 01:01:00,200
Do you recognise this picture?
I don't remember it.
943
01:01:00,240 --> 01:01:02,440
OK, are you in this picture?
Yes.
944
01:01:02,480 --> 01:01:05,320
OK, and who's the other person
in the picture?
945
01:01:06,360 --> 01:01:07,920
Randy.
946
01:01:07,960 --> 01:01:10,440
When you lived with one bathroom,
where there times
947
01:01:10,480 --> 01:01:13,720
when you all would have to
share the bathroom like this -
948
01:01:13,760 --> 01:01:17,160
someone in the shower,
someone brushing their teeth,
things like that.Yes.
949
01:01:17,200 --> 01:01:19,800
Was that commonplace?
Yeah, with courtesy to the other,
950
01:01:19,840 --> 01:01:22,160
like, knock and ask
if you can come in.
951
01:01:22,200 --> 01:01:25,680
Absolutely. Were there incidents
where courtesy wasn't respected?
952
01:01:26,400 --> 01:01:27,680
No.
953
01:01:27,720 --> 01:01:31,480
The photograph really just showed
the dynamics of living in a home,
954
01:01:31,520 --> 01:01:34,480
two young women, one young man,
one bathroom.
955
01:01:34,520 --> 01:01:39,800
It just showed how comfortable they
were in different levels of dress.
956
01:01:39,840 --> 01:01:42,240
They weren't, you know,
strangers to each other.
957
01:01:42,280 --> 01:01:44,040
They were all familiar
with each other.
958
01:01:46,200 --> 01:01:49,080
And now I'm gonna turn to Mr Walsh
959
01:01:49,120 --> 01:01:52,000
to call his next witness
on behalf of Mr Herman.
960
01:01:52,040 --> 01:01:56,000
I'll call Randy Herman.
All right, Mr Herman. Why don't you
come forward, sir?
961
01:01:56,040 --> 01:02:00,120
During a homicide trial, it is rare
for a defendant to take the stand.
962
01:02:00,160 --> 01:02:04,360
So when his attorneys announced
that he would be testifying,
963
01:02:04,400 --> 01:02:07,480
it's one of those turning moments
that juries hope for.
964
01:02:08,240 --> 01:02:11,520
I wanted the jury
to see Randy stand up,
965
01:02:11,560 --> 01:02:13,920
as small as he is, tiny as he is,
966
01:02:13,960 --> 01:02:16,880
walk up to the jury box and testify.
967
01:02:16,920 --> 01:02:19,160
My name is Randy Herman Jr.
968
01:02:19,800 --> 01:02:22,240
My last name is spelled H-E-R-M-A-N.
969
01:02:22,280 --> 01:02:25,120
Thank you. How do you feel
this afternoon, Randy?
970
01:02:25,160 --> 01:02:27,040
I'm OK.
971
01:02:27,080 --> 01:02:31,720
And you see this man, who looks like
he could still be in high school.
972
01:02:31,760 --> 01:02:34,960
You look at him in this suit that's
too big for him and you're like,
973
01:02:35,000 --> 01:02:37,320
this is jarring
cos you have other cases where,
974
01:02:37,360 --> 01:02:41,200
you know, someone looks like
a stereotypical, you know, bad guy.
975
01:02:42,720 --> 01:02:45,560
SCOTT: He was a little heavier set
at the time of the crime.
976
01:02:47,080 --> 01:02:50,800
But he had lost weight.
He had a very boyish face.
977
01:02:50,840 --> 01:02:53,680
Very small.
So with that type of defendant,
978
01:02:53,720 --> 01:02:55,720
his attorney would want him
to get up there
979
01:02:55,760 --> 01:02:58,960
and speak to the jury
and sort of pull at the sympathy.
980
01:03:00,960 --> 01:03:03,000
You called 911.
981
01:03:03,040 --> 01:03:05,760
Did you tell them everything
you needed to tell them?
982
01:03:07,880 --> 01:03:09,360
Yes. Yeah.
983
01:03:10,200 --> 01:03:13,160
How do you feel about the fact
984
01:03:13,200 --> 01:03:16,000
that Brooke Preston
died that morning?
985
01:03:18,160 --> 01:03:19,720
Terrible.
986
01:03:20,600 --> 01:03:23,640
I don't know how to describe it.
(SNIFFLES)
987
01:03:27,400 --> 01:03:29,000
That's all the questions I have.
988
01:03:29,040 --> 01:03:32,680
JUDGE: All right, Mr Scott.
Cross examination.Thank you, Judge.
989
01:03:32,720 --> 01:03:35,320
Me as a prosecutor,
I have to be very careful
990
01:03:35,360 --> 01:03:38,360
as to not be too authoritarian
because it's going to appear
991
01:03:38,400 --> 01:03:40,960
as if I'm beating up
on this little boy.
992
01:03:41,000 --> 01:03:44,480
But Randy Herman had some
difficult questions to answer.
993
01:03:44,520 --> 01:03:46,680
You came to Florida
from Pennsylvania
994
01:03:46,720 --> 01:03:49,000
because your life was spiralling
out of control.
995
01:03:49,040 --> 01:03:51,160
Isn't that correct?
That's correct.
996
01:03:51,200 --> 01:03:55,040
When you came to West Palm Beach
from late 2016
997
01:03:55,080 --> 01:03:58,640
through March of 2017,
the time of the murder,
998
01:03:58,680 --> 01:04:01,200
you were still struggling
with addiction, correct?
999
01:04:01,240 --> 01:04:04,760
That's correct.Your life was still
spiralling out of control?
1000
01:04:04,800 --> 01:04:06,200
It was.
1001
01:04:06,240 --> 01:04:08,800
AMANDA: When Randy was in Florida,
1002
01:04:08,840 --> 01:04:12,040
he would call every couple of weeks
or so.
1003
01:04:12,080 --> 01:04:16,560
He said he was happy. He had a good
job. He loved it down there.
1004
01:04:16,600 --> 01:04:18,320
He was doing better for himself.
1005
01:04:19,360 --> 01:04:22,040
But then I found out later
that he was just trying
1006
01:04:22,080 --> 01:04:23,960
to make it sound good
for me and mom
1007
01:04:24,000 --> 01:04:26,920
because he didn't wanna let us down.
1008
01:04:27,800 --> 01:04:32,000
So without that stabilizing presence
of his mother and sister,
1009
01:04:32,040 --> 01:04:36,280
you know, Randy effectively was,
you know, left to his own devices.
1010
01:04:37,120 --> 01:04:40,120
Four months into my job, I realised
1011
01:04:40,160 --> 01:04:43,000
I wasn't really making the pay I
needed.
1012
01:04:43,040 --> 01:04:48,280
I was using a lot of my inheritance,
to kind of supplement my lifestyle.
1013
01:04:49,120 --> 01:04:52,040
So the day is finally over
and I get my beer.
1014
01:04:52,080 --> 01:04:55,160
'I decided
to take some time off from work.'
1015
01:04:55,200 --> 01:04:56,960
And I gotta go back tomorrow.
1016
01:04:57,000 --> 01:04:59,360
And that's when
my drinking started to pick up.
1017
01:05:01,280 --> 01:05:06,520
In terms of Randy's personal and
professional trajectory,
1018
01:05:07,480 --> 01:05:11,280
this is sort of where the train
fell off the track, so to speak.
1019
01:05:12,440 --> 01:05:15,200
And I tended to take it
to the next level.
1020
01:05:15,880 --> 01:05:20,120
I was going out to bars nightly,
spending ridiculous sums of money.
1021
01:05:20,160 --> 01:05:23,360
And slowly, my inheritance
started slipping away.
1022
01:05:26,640 --> 01:05:29,960
I got to the point
where I'm partying all night
and sleeping all day.
1023
01:05:30,800 --> 01:05:34,800
He told me, "Well, I'm straightening
up now, Mom. I'm gonna get a job."
1024
01:05:36,800 --> 01:05:40,640
You know, "I've quit drinking.
I'm gonna get a job."
1025
01:05:40,680 --> 01:05:42,520
"OK, that's great."
1026
01:05:42,560 --> 01:05:45,040
So I let it go. I didn't push it.
1027
01:05:45,080 --> 01:05:49,200
It got to the point where I wanted
to stop and I wanted to quit,
1028
01:05:49,240 --> 01:05:53,160
but I was kind of in this...
just like this cycle where I was
starting to get depressed
1029
01:05:53,200 --> 01:05:55,360
because of my drinking and drug use.
1030
01:05:55,400 --> 01:05:58,160
But at the same time,
I was drinking and using drugs
1031
01:05:58,200 --> 01:06:00,200
to kind of curb that depression.
1032
01:06:01,880 --> 01:06:03,840
After you were awake
and you were talking to her,
1033
01:06:03,880 --> 01:06:05,120
she walked out of your room.
1034
01:06:05,160 --> 01:06:07,400
That's when you stabbed her
and killed her, right?
1035
01:06:08,040 --> 01:06:10,080
I guess. I... I don't recall.
1036
01:06:16,800 --> 01:06:20,640
In murder cases like Randy's,
experts are very important
1037
01:06:20,680 --> 01:06:23,320
because of the fact that it was an
insanity claim.
1038
01:06:23,360 --> 01:06:26,080
All right. Dr Ewing,
please come forward, sir.
1039
01:06:27,280 --> 01:06:29,480
Hi, how are you?
Good afternoon, Judge.
1040
01:06:29,520 --> 01:06:31,640
WALSH: So, we hired Dr Ewing.
1041
01:06:33,000 --> 01:06:37,480
Dr Ewing, are you familiar with
what's known as the Bonkalo
criteria?
1042
01:06:37,520 --> 01:06:42,040
Yes, a psychiatrist named Bonkalo
1043
01:06:42,080 --> 01:06:47,920
had done studies and reviews
of these sleepwalking cases
1044
01:06:47,960 --> 01:06:52,480
that eventuated in serious,
usually homicidal, violence.
1045
01:06:54,160 --> 01:06:59,200
Dr Bonkalo looked at the
characteristics of those cases...
1046
01:07:00,200 --> 01:07:04,640
..and he came up with 13, uh,
criteria.
1047
01:07:04,680 --> 01:07:07,040
The focus on the Bonkalo
was the most important thing
1048
01:07:07,080 --> 01:07:11,800
because it's the one
scientifically-studied
objective thing
1049
01:07:11,840 --> 01:07:14,320
that we could get across to the jury
1050
01:07:14,360 --> 01:07:17,280
that would prove
that Randy was sleepwalking.
1051
01:07:18,480 --> 01:07:21,960
DR EWING: The first criteria,
is that the attack occurred
1052
01:07:22,000 --> 01:07:25,480
following an arousal
soon after sleep onset.
1053
01:07:25,520 --> 01:07:27,320
RANDY: I went back to sleep.
1054
01:07:27,360 --> 01:07:30,320
Next thing I remember
is I'm standing over the top of her,
1055
01:07:30,360 --> 01:07:33,280
covered in blood.
And I'm holding a knife in my hand.
1056
01:07:36,560 --> 01:07:38,840
MCROBERTS: She was stabbed
over and over again.
1057
01:07:38,880 --> 01:07:41,720
In the face, in the neck,
in the stomach and the back.
1058
01:07:43,480 --> 01:07:45,520
BURGER: They were like family.
1059
01:07:45,560 --> 01:07:47,000
Hey, Jordan.Hey.
1060
01:07:47,040 --> 01:07:48,760
They were like brother and sister.
1061
01:07:49,520 --> 01:07:51,880
WALSH: The victim
was not recognised at the time.
1062
01:07:51,920 --> 01:07:54,600
We know that sleepwalkers
don't recognise faces.
1063
01:07:55,440 --> 01:07:58,960
'I don't remember getting dressed. I
don't remember grabbing my keys.
1064
01:07:59,000 --> 01:08:00,720
Everything was really hazy.'
1065
01:08:02,120 --> 01:08:04,680
MAN: He had profound
amnesia for the event.
1066
01:08:04,720 --> 01:08:07,440
(MUMBLES)
1067
01:08:09,280 --> 01:08:10,880
AMANDA: When we were younger,
1068
01:08:10,920 --> 01:08:13,640
I remember him getting up
in the middle of the night.
1069
01:08:13,680 --> 01:08:16,160
KATHI: He has that look,
like a dazed look.
1070
01:08:16,200 --> 01:08:18,240
AMANDA: I think he was sleepwalking.
1071
01:08:18,880 --> 01:08:20,960
DR EWING: The defendant
called the police...
1072
01:08:21,000 --> 01:08:23,840
RANDY: (ON PHONE) Just send the
police. It was me. I'm sorry.
1073
01:08:23,880 --> 01:08:28,240
..and reported not only
that there had been a homicide,
but that he did it.
1074
01:08:29,440 --> 01:08:31,120
No sexual motive.
1075
01:08:31,160 --> 01:08:33,720
No financial motive
that I could discern.
1076
01:08:33,760 --> 01:08:36,360
(WHIMPERS) Please tell me.
1077
01:08:37,240 --> 01:08:39,280
RANDY: Things were going downhill.
1078
01:08:41,040 --> 01:08:43,560
I would drink, you know,
almost nightly
1079
01:08:43,600 --> 01:08:46,080
to the point of, you know,
blacking out.
1080
01:08:47,880 --> 01:08:51,120
WALSH: The night before it
happened, he'd not gotten any sleep.
1081
01:08:51,160 --> 01:08:53,120
Stayed up to watch the sunrise.
1082
01:08:54,880 --> 01:08:57,000
KATHI: He's always been
a very good kid.
1083
01:08:57,040 --> 01:08:59,160
Very supportive, very respectful.
1084
01:08:59,840 --> 01:09:02,640
WALSH: We knew that
he had been using alcohol,
1085
01:09:02,680 --> 01:09:05,640
but what we learnt was the alcohol
actually was something
1086
01:09:05,680 --> 01:09:08,280
that would put you
in a deeper sleep faster.
1087
01:09:08,320 --> 01:09:10,680
So that you would be more apt
to sleepwalk
1088
01:09:10,720 --> 01:09:12,440
and do something like this.
1089
01:09:12,480 --> 01:09:15,440
No question that he was drinking
heavily in the two days
1090
01:09:15,480 --> 01:09:16,960
leading up to it.
1091
01:09:22,600 --> 01:09:27,000
It sat with me for a while.
I mean, I absolutely believed it.
1092
01:09:27,040 --> 01:09:30,760
This Bonkalo criteria
nailed it down,
1093
01:09:30,800 --> 01:09:34,760
right to the T
of basically what he did.
1094
01:09:34,800 --> 01:09:38,440
And the defence did a
great job of showing that.
1095
01:09:42,640 --> 01:09:45,440
We on the prosecution side
had one important thing
1096
01:09:45,480 --> 01:09:47,600
we wanted to talk about.
1097
01:09:47,640 --> 01:09:49,600
And that was the timeline.
1098
01:09:52,200 --> 01:09:55,640
I want to narrow down my
timeframe from when she walked in
1099
01:09:55,680 --> 01:09:57,920
to when he leaves and calls 911.
1100
01:09:59,480 --> 01:10:02,840
We know that Brooke Preston
arrived at the home,
1101
01:10:02,880 --> 01:10:05,600
based on the surveillance video
from across the street,
1102
01:10:05,640 --> 01:10:07,640
at approximately 8:35am.
1103
01:10:10,200 --> 01:10:14,840
We know that we see Randy get into
his car at approximately 8:57
1104
01:10:14,880 --> 01:10:16,880
and he drives away.
1105
01:10:17,680 --> 01:10:20,320
Based on that timeframe,
we know Brooke was in the house
1106
01:10:20,360 --> 01:10:22,520
for approximately 22 minutes.
1107
01:10:24,880 --> 01:10:27,840
We knew that he remembered her
coming in
1108
01:10:27,880 --> 01:10:29,960
at approximately 8:35am.
1109
01:10:31,600 --> 01:10:33,520
He said the shirt is over
in the drawer.
1110
01:10:34,240 --> 01:10:36,280
She got the shirt.
1111
01:10:36,320 --> 01:10:38,960
And they had a brief
back-and-forth discussion
1112
01:10:39,000 --> 01:10:41,120
that most likely took
a couple of minutes.
1113
01:10:44,280 --> 01:10:46,120
MCROBERTS: They hugged...
1114
01:10:47,120 --> 01:10:49,120
..and she turned to leave.
1115
01:10:50,080 --> 01:10:52,640
And he said
that's the last thing he remembers.
1116
01:10:52,680 --> 01:10:56,840
We know from a gentleman in the
neighbourhood who heard screams
1117
01:10:56,880 --> 01:11:00,040
that the attack takes place
approximately at 8:49.
1118
01:11:00,080 --> 01:11:02,640
So, sort of using that 22 minutes -
1119
01:11:02,680 --> 01:11:05,120
we filtered back and filtered
back and filtered back -
1120
01:11:05,160 --> 01:11:08,560
he only had about five minutes
to go back to sleep.
1121
01:11:08,600 --> 01:11:11,560
So it seemed impossible to me
that he fell asleep
1122
01:11:11,600 --> 01:11:15,280
in five minutes
and started sleepwalking.
1123
01:11:17,680 --> 01:11:19,600
The State will call Dr Wade Myers.
1124
01:11:20,720 --> 01:11:22,720
In this case, we need an expert
1125
01:11:22,760 --> 01:11:26,000
to help us explain to the jury
why the facts
1126
01:11:26,040 --> 01:11:29,920
did not support a sleepwalking
defence, but first-degree murder.
1127
01:11:29,960 --> 01:11:32,760
So you lay in bed
and then you fall asleep.
1128
01:11:32,800 --> 01:11:35,560
And then you go into typically
stage one,
1129
01:11:35,600 --> 01:11:38,840
your brain waves show a certain wave
length called alpha waves.
1130
01:11:38,880 --> 01:11:43,680
Then you go into stage two sleep,
which it's a little bit deeper.
1131
01:11:43,720 --> 01:11:49,480
Dr Myers basically educated the jury
on the different stages of sleep.
1132
01:11:50,160 --> 01:11:52,800
It's about an hour or two
after you go to bed
1133
01:11:52,840 --> 01:11:54,880
is when you first go into
deep sleep.
1134
01:11:54,920 --> 01:11:58,400
And with regard to the defendant's
limited window of time,
1135
01:11:58,440 --> 01:12:00,960
could that have happened,
scientifically speaking?
1136
01:12:01,000 --> 01:12:05,920
He's wide awake
minutes before the crime.
1137
01:12:06,840 --> 01:12:11,080
And you can't go from wide awake
to sleepwalking in a matter of
minutes.
1138
01:12:13,200 --> 01:12:17,080
We know that Randy admitted being
awake when Brooke got there.
1139
01:12:17,120 --> 01:12:19,280
He admitted speaking to her,
1140
01:12:19,320 --> 01:12:22,200
showing her where the shirt was
and giving her the hug.
1141
01:12:22,240 --> 01:12:25,840
So, if there's no minutes left
to get to sleep,
1142
01:12:25,880 --> 01:12:27,720
then he wasn't sleepwalking.
1143
01:12:31,320 --> 01:12:33,680
Obviously, the State is gonna
use his statement
1144
01:12:33,720 --> 01:12:36,840
that he was awake at the time
when she arrived at the house.
1145
01:12:36,880 --> 01:12:39,640
And they could say, well,
it would have been unlikely
1146
01:12:39,680 --> 01:12:42,600
that he had fallen into
a deep enough sleep to sleepwalk.
1147
01:12:43,960 --> 01:12:47,200
Sleepwalking generally occurs
in the deeper stages.
1148
01:12:47,240 --> 01:12:48,960
I don't know if I'd agree with that.
1149
01:12:49,000 --> 01:12:52,320
I see where you're getting at,
but it can occur
1150
01:12:52,360 --> 01:12:54,360
in the early stages as well.
1151
01:12:54,400 --> 01:12:57,360
In other words,
not in the first minute or two,
1152
01:12:57,400 --> 01:13:01,160
10 minutes, 15 minutes.
It could be. That's what I'm saying.
1153
01:13:01,200 --> 01:13:04,880
And when Randy said that he
had this interaction with Brooke,
1154
01:13:04,920 --> 01:13:06,960
we really didn't even know whether
1155
01:13:07,000 --> 01:13:09,400
that was something
that actually had happened...
1156
01:13:10,400 --> 01:13:12,840
or whether he kind of
had dreamed that.
1157
01:13:12,880 --> 01:13:14,840
It's not clear to me
1158
01:13:14,880 --> 01:13:19,480
whether he was asleep at that point.
1159
01:13:19,520 --> 01:13:21,760
It's possible
that he could have been awake
1160
01:13:21,800 --> 01:13:24,320
and then
he went back to sleep immediately.
1161
01:13:24,360 --> 01:13:26,280
That's the way he recalls it.
1162
01:13:26,320 --> 01:13:28,800
It's possible, though,
that he never awoke.
1163
01:13:28,840 --> 01:13:30,880
In my experience, it's fairly common
1164
01:13:30,920 --> 01:13:35,560
for defendants to try and fill in
the blanks about what happened.
1165
01:13:35,600 --> 01:13:40,640
And they often fill in things
from just before or just after
1166
01:13:40,680 --> 01:13:43,600
or add things that seem
reasonable to them.
1167
01:13:43,640 --> 01:13:48,640
So if Randy Herman
is remembering that she arrived
1168
01:13:48,680 --> 01:13:51,360
and that he told her where the shirt
was,
1169
01:13:52,360 --> 01:13:55,800
then the question is,
is this what he actually remembers
1170
01:13:55,840 --> 01:13:59,200
or is this what he thinks
makes sense to him?
1171
01:14:00,800 --> 01:14:03,040
WALSH: Dreaming that interaction
with Brooke
1172
01:14:03,080 --> 01:14:06,440
would mean that he was still
sleeping when the incident happened.
1173
01:14:07,640 --> 01:14:10,200
And if you believe
that Randy was sleepwalking,
1174
01:14:10,240 --> 01:14:13,760
then certainly you wouldn't believe
that he intended to do anything,
1175
01:14:13,800 --> 01:14:18,480
then how could you put somebody in
prison for the rest of their life?
1176
01:14:23,400 --> 01:14:25,640
Folks, each side has made,
1177
01:14:25,680 --> 01:14:29,080
um, argument on what they believe
the fact showed in this case,
1178
01:14:29,120 --> 01:14:32,760
and as officers of the court,
I'm sure that everyone has done that
in good faith.
1179
01:14:32,800 --> 01:14:36,800
However, it's up to our jury
to decide what the facts
of this case are.
1180
01:14:36,840 --> 01:14:40,600
Sleepwalking is a
very tough pill for a lot of people,
I think, to swallow.
1181
01:14:40,640 --> 01:14:43,800
And it's very tough, I think,
to have 12 people agree to that.
1182
01:14:48,640 --> 01:14:52,720
Folks, in a few moments,
you'll be taken to the jury room
by the Courtroom Deputy
1183
01:14:52,760 --> 01:14:54,200
for your deliberations.
1184
01:14:54,240 --> 01:14:58,160
Even if you do not like the laws
that must be applied,
you must use them.
1185
01:14:58,200 --> 01:15:01,640
And on behalf of both the State of
Florida and on behalf of Mr Herman,
1186
01:15:01,680 --> 01:15:03,800
I wanna thank you for those efforts.
1187
01:15:03,840 --> 01:15:08,760
By the time the trial ended, we got
back into the deliberation room.
1188
01:15:08,800 --> 01:15:11,600
We sat down. It was almost just a...
1189
01:15:11,640 --> 01:15:14,960
not a sigh of relief, but a sigh of,
1190
01:15:15,000 --> 01:15:18,880
"Wow, let's get this information out
and start talking about this now."
1191
01:15:18,920 --> 01:15:21,720
Because we've all been holding it in
and we want to let it out.
1192
01:15:22,880 --> 01:15:25,840
So we started blaring words out.
1193
01:15:31,840 --> 01:15:35,320
Some of the men jurors
were very vocal
1194
01:15:35,360 --> 01:15:38,840
the minute we went back to the room,
and were saying things like,
1195
01:15:38,880 --> 01:15:41,600
"If that was my daughter,
I would have killed him."
1196
01:15:41,640 --> 01:15:43,240
(INDISTINCT ARGUING)
1197
01:15:47,000 --> 01:15:48,840
JUROR: It seemed like it was spilt.
1198
01:15:49,640 --> 01:15:52,600
So then, that's when we started
going through evidence.
1199
01:15:53,720 --> 01:15:56,560
So the hunting knife by his bed,
1200
01:15:57,440 --> 01:15:59,000
something like that
1201
01:15:59,040 --> 01:16:01,640
is not out of the norm
here in Florida.
1202
01:16:03,120 --> 01:16:07,280
There were toy handcuffs
but we didn't give it any weight.
1203
01:16:07,920 --> 01:16:10,000
The prosecution
was trying to tie it in
1204
01:16:10,040 --> 01:16:12,840
to that he had romantic feelings
towards her.
1205
01:16:12,880 --> 01:16:16,080
And there was the incident
where he was in the closet.
1206
01:16:17,440 --> 01:16:19,400
I know that spooked her,
1207
01:16:19,440 --> 01:16:21,440
but they had been drinking all day.
1208
01:16:22,080 --> 01:16:25,480
It was a stretch for them to say
that there was some sexual feeling
1209
01:16:25,520 --> 01:16:27,800
between Randy and Brooke.
1210
01:16:29,360 --> 01:16:31,520
We're five hours into this thing,
1211
01:16:32,240 --> 01:16:36,280
but there were still a few jurors
on the fence
1212
01:16:36,320 --> 01:16:38,200
about the sleepwalking.
1213
01:16:40,000 --> 01:16:42,400
We had multiple people saying,
1214
01:16:42,440 --> 01:16:45,240
"How long was it for him
to get in this deep sleep?"
1215
01:16:45,280 --> 01:16:48,680
So that's why we went through the
timeline
1216
01:16:48,720 --> 01:16:52,040
of when Randy Herman texted her,
1217
01:16:53,400 --> 01:16:55,760
to the time when she pulled up
to the house,
1218
01:16:57,160 --> 01:16:59,920
to the time we thought she got
murdered.
1219
01:17:00,640 --> 01:17:03,680
At the time, I'm waiting in a
cell underneath the courthouse,
1220
01:17:03,720 --> 01:17:06,200
just waiting,
just watching the clock,
1221
01:17:06,240 --> 01:17:08,760
till they come up with
what the verdict's gonna be.
1222
01:17:09,560 --> 01:17:11,560
It felt like a lifetime.
1223
01:17:13,640 --> 01:17:16,400
When we get the call from the
bailiff the jury has a verdict,
1224
01:17:16,440 --> 01:17:20,520
that moment it really starts. You
get nervous, you get butterflies.
1225
01:17:20,560 --> 01:17:24,320
So when the verdict is read,
the courtroom is just silent.
1226
01:17:25,560 --> 01:17:26,600
(GAVEL POUNDS)
1227
01:17:26,640 --> 01:17:29,880
I'm gonna have Mr Herman please
rise to receive our jury's verdict.
1228
01:17:30,600 --> 01:17:35,080
FOREPERSON: We find as follows. As
to count one, we find the defendant
1229
01:17:35,120 --> 01:17:38,320
guilty of first-degree murder
as charged in the indictment.
1230
01:17:42,760 --> 01:17:46,800
So say we all, this eighth day of
May, 2019, in West Palm Beach,
1231
01:17:46,840 --> 01:17:49,240
Palm Beach County, Florida.
Signed, Jury Foreperson.
1232
01:17:52,120 --> 01:17:55,960
That timeline that we drew up
and we drew it.
1233
01:17:56,000 --> 01:17:58,000
We had all the text messages.
1234
01:17:58,040 --> 01:18:02,280
We had time when she pulled in,
when he pulled out,
1235
01:18:02,960 --> 01:18:06,840
and after that timeline,
everyone was on the same page.
1236
01:18:06,880 --> 01:18:11,040
Wasn't enough time for him
to be in this...this deep sleep
1237
01:18:11,080 --> 01:18:12,560
to cause sleepwalking.
1238
01:18:13,760 --> 01:18:15,280
All right.
1239
01:18:15,320 --> 01:18:16,600
(EXHALES)
1240
01:18:16,640 --> 01:18:21,120
Randy Allen Herman Jr,
a jury of your peers having found
you guilty of first-degree murder,
1241
01:18:21,160 --> 01:18:25,320
I sentence you to life imprisonment
without the possibility of parole.
1242
01:18:30,320 --> 01:18:33,040
REPORTER: Tears and hugs
among the victim's family
1243
01:18:33,080 --> 01:18:36,600
as the jury found Randy Herman
guilty of first-degree murder
1244
01:18:36,640 --> 01:18:40,800
in the stabbing death of 21-year-old
roommate, Brooke Preston.
1245
01:18:40,840 --> 01:18:43,400
Brooke's father, John Preston,
after the verdict.
1246
01:18:43,440 --> 01:18:47,000
There's no winners in this whole
situation. Everybody's losers.
1247
01:18:47,960 --> 01:18:50,240
KATHI: I feel bad for the father...
1248
01:18:50,280 --> 01:18:52,280
cos I know he's grieving.
1249
01:18:55,360 --> 01:18:57,800
I don't know what to say about Randy
1250
01:18:57,840 --> 01:19:00,600
but I'll stand by him till the day
I die.
1251
01:19:05,680 --> 01:19:09,160
Sleepwalking occurs anywhere
from 1 to 4%.
1252
01:19:09,200 --> 01:19:12,600
1% of 300 million people,
that's still a lot of people.
1253
01:19:13,480 --> 01:19:17,040
And potentially,
anyone can be a sleepwalker.
1254
01:19:18,440 --> 01:19:23,440
There's, I think, a growing concern
about the impact of sleep
disruption.
1255
01:19:25,320 --> 01:19:30,200
As we move into a society
riddled with interrupted sleep,
1256
01:19:30,240 --> 01:19:33,560
we're gonna see more and more
of these kinds of problems emerge.
1257
01:19:56,040 --> 01:19:59,000
You know, I've...
Since I've been in jail,
1258
01:19:59,040 --> 01:20:03,040
I've tried to sit down numerous
times with a pen and piece of paper
to...
1259
01:20:03,840 --> 01:20:08,840
to try to reach out,
to try to tell them how sorry I am.
1260
01:20:08,880 --> 01:20:12,720
But it's just...
You know, it's difficult.
1261
01:20:12,760 --> 01:20:14,920
You can't really write out in words.
1262
01:20:14,960 --> 01:20:18,640
You can't tell someone you're sorry
for something like that.
1263
01:20:18,680 --> 01:20:23,200
It just seems like those words just
don't... They're just not enough.
1264
01:20:23,240 --> 01:20:26,280
You can't say...
You say sorry if you make a mistake.
1265
01:20:26,320 --> 01:20:28,640
This is something far more.
1266
01:20:29,720 --> 01:20:31,480
So, you know,
I've tried to reach out
1267
01:20:31,520 --> 01:20:34,680
but I don't know how to quite
put that into words.
1268
01:20:39,560 --> 01:20:41,520
Unfortunately, in a lot of cases
1269
01:20:41,560 --> 01:20:43,920
we don't get to know so much
about victims...
1270
01:20:45,320 --> 01:20:47,320
..because they are silent now.
1271
01:20:49,960 --> 01:20:52,360
But the entire Preston family...
1272
01:20:54,960 --> 01:20:57,040
..friends, extended family,
1273
01:20:57,640 --> 01:20:59,560
so many people reacted.
1274
01:21:01,440 --> 01:21:03,280
It was quite moving.
1275
01:21:15,760 --> 01:21:17,960
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