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Would you like to inspect the original subtitles? These are the user uploaded subtitles that are being translated: 1 00:00:02,000 --> 00:00:07,000 For best IPTV provider, please visit: WWW.IPTV.CAT For best IPTV provider, please visit: WWW.IPTV.CAT 2 00:00:08,000 --> 00:00:13,000 For best IPTV provider, please visit: WWW.IPTV.CAT For best IPTV provider, please visit: WWW.IPTV.CAT 3 00:00:10,000 --> 00:00:11,880 (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. 69 00:04:21,320 --> 00:04:25,160 When did... When did she - (MUMBLES) 70 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) 73 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, 78 00:04:51,880 --> 00:04:54,960 stabbed a number of times, with a knife in your hand, 79 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, 90 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 AccessibleCustomerServices@sky.uk 108745

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