Murder by reason of OSA

[Violet]

Saw this morning on FOXNews.com & CNN.COom

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FOXNew.com

leared of Wife's Murder During Nightmare
Friday, November 20, 2009


PrintShareThisLONDON — A British man who said he strangled his wife during a nightmare about fighting off an intruder has been found not guilty in her death.

Prosecutors had originally asked Brian Thomas be found not guilty by reason of insanity in the 2008 death of his wife, Christine, and be sent to a psychiatric hospital.

On Friday chief prosecutor Iwan Jenkins said "it is now clear that the psychiatrists feel that that would serve no useful purpose and the risk of reoccurrence is very, very small."

The judge ordered the jury return a verdict of not guilty. Thomas, of south Wales, had accepted he killed his wife of 40 years.

The jury was told that Thomas, 59, had a sleep disorder and was in a state of automatism — where his mind had no control over his body — when he strangled Christine

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CNN.COM

Man who killed wife while dreaming is freedNovember 20, 2009 8:48 a.m. EST
STORY HIGHLIGHTS
Prosecutors described trial involving Brian Thomas as a "unique case"
Thomas killed wife during a bad dream while pair was vacationing in 2008
Judge described Thomas as a "decent man and devoted husband"
London, England (CNN) -- A British man who strangled his wife in his sleep while dreaming that she was an intruder walked free from court Friday after the case against him was withdrawn, prosecutors said.

The UK's Crown Prosecution Service requested that the case against Brian Thomas, who killed wife Christine while they were on vacation in 2008, be dropped due to a "unique set of circumstances."

Thomas, 59, of Neath, South Wales, had been on trial for murder at Swansea Crown Court, with prosecutors seeking a verdict of not guilty by reason of insanity that would have resulted in psychiatric custody.

But they said a closer study of evidence led them to believe the defendant should be released without further action.

"We have duty to keep cases under continuous review, and following expert evidence from a psychiatrist it was suggested no useful purpose would be served by Mr Thomas being detained and treated in a psychiatric hospital," prosecutor Iwan Jenkins said in a statement.

Jenkins said that there had never been any doubt that Thomas caused his wife's death, but the prosecution accepted evidence from experts on sleep disorders that indicated he should not be convicted of murder or manslaughter.

"We therefore have offered no further evidence and asked the jury to return a simple verdict of not guilty."

The court erupted in shouts of "yes" as family members greeted the outcome with jubilation, according to the UK Press Association.

"The death of Christine Thomas was thoroughly investigated by Dyfed Powys Police. Investigations continued after Mr Thomas was charged and involved the instruction of experts in several fields," Jenkins said.

"I must emphasize that the circumstances of this case are almost unique in the UK and there have been fewer than 50 instances recorded worldwide. It is only because of highly sophisticated tests carried out by sleep experts that Mr Thomas's condition could be confirmed.

"Our thoughts remain with the family of Brian and Christine Thomas, who have remained dignified throughout this difficult time."

The brief trial, which opened Tuesday, heard that Thomas killed his wife while the pair were taking a camper van vacation in western Wales, PA reported.

One night, Thomas -- who experts said may have been suffering worsening dreams due to withdrawal from anti-depressants -- experienced a violent nightmare in which he attacked and fought an intruder and got him in a headlock, only to wake and find he had strangled his wife.

Dismissing the charges, High Court Judge Justice Davis described Thomas as a "decent man and devoted husband" who bore no responsibility for his wife's death, PA reported.

Thomas's brother Raymond Thomas said the family were "delighted" by the outcome, the news agency said.

"He has always been a loving husband and a family man," he said. " This was a tragic, tragic episode and we are all very emotional."

[Babette]

This should be sent to every person here who posts that their spouse is not supportive of their cpap therapy.

Tragic, really. So very sad for that man and his family. I'm glad the court saw the light and freed him.

Thanks for sharing!!!
Barbara

[SleepGuy]

I wish I had known about this BEFORE the divorce--

[Babette]

You mean you would have just killed her and saved the money? Sheesh!

LOL,
B.

[SleepGuy]

You mean you would have just killed her and saved the money? Sheesh!

LOL,
B.

Avoiding continuing Brain Damage is worth a lot but money talks too--and the combination might just have been too tempting....

I've decided that the next time I feel the urge to get married, I'll simply find somebody who hates my guts and buy her a house.

That should save lots of brain damage and money in the long run....

[DoriC]

There was a case like that here in the US a few years ago, I can't remember the complete facts but his defense was that he had a sleep disorder but couldn't really prove it, and didn't remember drowning his wife in their pool. He's serving life.

[kteague]

I'm sure this defense is ripe for the criminal who knows they have no other defense. Unfortunately, it's misuse will muddy the water for legitimate claims. My father was a mild mannered gentle man - except when he slept. His episodes caused both injury and property damage, but thankfully, not death. My mom had to be a saint. After I was grown I asked her once if she wasn't scared. She just shrugged and kinda laughed nervously. I guess "for better or for worse", right? Afterward my dad always felt horrible when faced with what he had done. He did sometimes remember what he was dreaming, and it was obvious how it translated into his actions.

By the way, in retrospect, I know my father had severe OSA. Can't help but wonder how much the lack of oxygen and bad dreams born out of suffocating factored in to his sleep disorder, which probably would be termed REM Behavior Disorder these days.

[Snorebert]

From http://en.wikipedia.org/wiki/Homicidal_somnambulism:

Falater case
In 1997, Scott Falater was accused of murdering his wife by stabbing her 44 times. According to an eyewitness, Falater was also seen holding his wife’s head under water. When he was tried, the prosecution claimed that after the murder had been committed, Falater changed his clothes, put the murder weapon in a Tupperware container, put the container in a trash bag with his boots and socks, stashed the bag in the spare tire well in the trunk of his car, and took and hid all the items that showed that he was the person who killed her. On June 18, 1999 a prosecution expert testified that that Falater's actions were "too complex" to have been carried out while sleepwalking. A week later, Scott Falater was found guilty of first degree murder and sentenced to life in prison without chance of parole.[4]

Actually, there are a few wild examples in this Wikipedia article.

[SingleMom]

I've decided that the next time I feel the urge to get married, I'll simply find somebody who hates my guts and buy her a house.

I'd be glad to hate you! LOL.

[SleepGuy]

I've decided that the next time I feel the urge to get married, I'll simply find somebody who hates my guts and buy her a house.

I'd be glad to hate you! LOL.

Sounds good to me. Pic for pic? LOL

[Guest]

Maybe I missed it, but I don't see where they stated this guy had OSA.


AKCPAPGUY

[roster]

Works both ways.

[DoriC]

The Scott Falater case was the one I was thinking of, but his defense was sleep walking, not sleep apnea. I remembered it was some kind of sleep disorder. Sorry for the misinformation.

[silence of the hams]

I must’ve missed something because the way I read it was that the guy killed his wife due to a hallucinogenic dream brought on by antidepressants; didn’t see anything about OSA.

[SingleMom]

I've decided that the next time I feel the urge to get married, I'll simply find somebody who hates my guts and buy her a house.

I'd be glad to hate you! LOL.

Sounds good to me. Pic for pic? LOL

cpaptalk.com- hook up site for hose heads!