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♪

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Downloaded from
YTS.MX

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WOMAN:
It doesn't make any sense.

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Randy was a mellow, mellow kid.

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I've never even heard him raise his voice.

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Official YIFY movies site:
YTS.MX

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MAN:
Something was off about this case.

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MAN 2: Modern sleep science says that
you can kill in your sleep.

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It is real. [echoing]

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MAN 3:
This is not sleepwalking.

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It had a sexual overtone to it.
[echoing]

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MAN 4:
She came in my room.

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Next thing I remember,
I'm covered in blood.

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WOMAN 2:
It was clear cut.

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He even admitted, "I did it."

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MAN 4:
I know it was me.

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But I don't remember anything
that had just happened.

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♪

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♪

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[beep]

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OPERATOR: [over phone]
911 emergency.

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MAN: [over phone]
Yeah. There's‐‐

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You need to send police.

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OPERATOR:
Okay. And what's going on there?

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MAN:
Someone's been murdered.

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OPERATOR: Okay. Someone has been murdered.
Okay. In what way?

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Do you know if they're breathing,
or they've definitely passed away?

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MAN: I don't know.
OPERATOR: You don't know?

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Okay, well, what did you see, sir?

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MAN:
I'm at Haverhill Park.

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Just send the police.

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It was me.

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I'm sorry.

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[line disconnects]

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[indistinct police radio chatter]

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OFFICER 1:
We didn't get anything out of him.

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[indistinct chatter]

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OFFICER 2:
One person? Male or female?

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Girlfriend?

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OFFICER 1:
Stick him in the car.

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♪

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NEWSREADER: Now,
the Palm Beach County Sheriff's office

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investigating the death of a woman
in suburban West Palm Beach...

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NEWSREADER 2: They found the woman dead
and took that man

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who had called 911
in for questioning.

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NEWSREADER 3:
Randy Herman is in jail

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charged with the stabbing death
of 21‐year‐old Brooke Preston.

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NEWSREADER 4: We'll keep you updated
as we learn anything else

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in this investigation.

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Reporting live in...

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WOMAN:
Hold your hands out for me.

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[camera shutter clicks]

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And hold them upside down.

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JOE WALSH:
I met Randy in the jail.

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I went out to see him
the day that he was arrested.

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And then I was assigned
to handle his case.

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Uh, you know, I'd be
the lead counsel from that point on.

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My first impression was just that
he wasn't a very big guy.

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OFFICER:
You can turn around, Randy.

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WALSH:
Just a very meek person, physically.

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He definitely seemed different than,

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you know, a lot of
the people I represent.

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OFFICER: What I'm gonna do is just gonna
switch out your clothes, alright?

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WALSH:
He seemed very well‐mannered,

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very respectful.

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OFFICER:
You know what size you are?

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[Randy mumbling]

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OFFICER: Uh?
RANDY: Medium.

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OFFICER:
Medium? Okay.

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‐ But something was a little bit off
about, uh, this case.

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OFFICER:
You know what size jeans you wear?

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RANDY: 30:
OFFICER: Thirty‐two, 30?

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WALSH:
So he committed the crime.

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[camera shutter clicks]

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But he couldn't remember
what happened.

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[Randy sobbing]

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WALSH: And then of course
there was certainly a lack of motive

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because of how close, uh,
you know, Brooke was with him.

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♪

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♪

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[message notification chimes]

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OFFICER: And you have another roommate,
Brooke's sister, right? Jordie?

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RANDY:
Does she know what happened?

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OFFICER:
No. Nobody knows what happened.

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We don't even know
what happened.

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That's why we're sitting here
trying to, trying to get it from you.

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RANDY:
I don't know.

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‐ To me, it seemed like
a genuine lack of recollection.

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OFFICER:
Was it an argument? Was it‐‐

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RANDY:
I don't know, sir, I don't know.

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OFFICER: Okay.
[Randy sniffs]

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What do you remember?

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RANDY:
Blood.

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OFFICER: Okay.
[Randy cries]

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WALSH:
Yes, Randy does tell the police

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"I murdered" this person,

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because you're standing over them
holding a knife.

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RANDY: She came to say goodbye.
OFFICER: Okay.

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RANDY: She said goodbye,
and I just don't remember anything.

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I just‐‐

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OFFICER:
When did, when did she‐‐

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[Randy mumbling]

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I don't know what happened.
OFFICER: Okay.

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RANDY:
I just don't remember‐‐

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OFFICER:
Okay, not a problem. Let me‐‐

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Let me ask you‐‐
[Randy crying]

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OFFICER: Were you guys
ever romantically involved?

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No?
RANDY: They're like my sisters.

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OFFICER: Okay.
RANDY: I don't know what I did.

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OFFICER: Okay.
[Randy crying]

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WALSH:
But to wake up

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over someone who you consider
your sister

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stabbed a number of times
with a knife in your hand

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covered in blood
and not know what happened,

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I could imagine it being
a very scary proposition

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for a guy like Randy.

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♪

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♪

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CORBIN BURGER:
Brooke's smile was gorgeous.

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Just the personality.

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And she was really

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just always happy.

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She was beautiful, inspiring,
and going places.

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She had a sense of drive
to be better.

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And she worked hard.

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MICHAEL MAJCHROWICZ:
People who knew Brooke

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in her high school days said

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Brooke was very much someone who was

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the life of the party.

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Brooke was this explosive ball of energy.

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She was lively.

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She was bubbly.

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She was athletic.

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And, you know, she had
a lot of close friends.

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BURGER:
And she was always cool.

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We'd all hang out, go swimming.

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We'd play games.

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Go bowling.

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[girl laughs]

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BURGER:
It was always having fun.

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[squeals]

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[laughter]

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BURGER:
We grew up on Instagram, Snapchat.

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She was always on Facebook.

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And Brooke taught me
how to use Tinder.

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That's for real, dawg.
Like, that‐‐ like, like‐‐

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I was like,
"Brooke, how do I do Tinder?"

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And Brooke was like, "Nah,
let me pick the pictures for you."

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They were always laughing,
playing, having fun.

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Brooke, Randy, and Jordan.

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They were like family.
Brother and sister.

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They were two of his best friends
that he grew up with.

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Moved down here in Florida with them
to start a new life.

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♪

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REPORTER: Officers found 21‐year‐old
Brooke Preston dead on the floor

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stabbed multiple times.

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Meanwhile, he remains
behind bars without bond.

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The question here tonight remains why?

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Because even he says
he can't remember.

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♪

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♪

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AUTOMATED VOICE:
Hello, this is prepaid collect call

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from an inmate at Palm Beach
Everglades Detention Center.

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This call is subject
to recording and monitoring.

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KATHI ADAMS:
Hello.

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RANDY:
Hello. How are you?

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ADAMS:
Oh, okay, How are you?

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RANDY: Doing alright, you know.
Hope you're okay.

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Did you talk to the lawyer?

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ADAMS: He called me.
But it still don't make sense.

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RANDY:
Why? What's the matter?

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ADAMS: Uh‐‐
RANDY: Why?

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ADAMS: Well, because

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they didn't really tell me why
or what made you do it.

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RANDY: I don't even know
the reason, you know.

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ADAMS:
Yeah, I know.

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RANDY: I just wish
I'd know how I did it.

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♪

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♪

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I was just confused.

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I didn't know what was happening,
you know, I‐‐

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That's why I called 911.

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If I wanted to, I could have ran.

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But that wasn't what was
on my mind.

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I didn't do this intentionally,

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and this was a person
I cared about.

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This was a close friend
so, I mean, my mind was just‐‐

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I was just in shock.

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‐ The one thing
that was definitely clear

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in kind of discussing it
with colleagues is

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none of us could figure out
what happened.

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I definitely felt that Randy
was being truthful with me

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and that he had profound amnesia
for the event.

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And so, then the challenge upfront was
how to defend him.

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So we called a psychologist
that specializes in trauma

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to try to explain why maybe Randy
had that amnesia.

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‐ I was trying to find out what happened
just as much as he was.

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From the very beginning,
I cooperated with Dr. Ewing.

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DR. CHARLES EWING:
I've looked high and low

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why he did what he did.

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I was truly puzzled.

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Because there didn't seem to be
any logical basis

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for this crime.

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RANDY: We went through hours
of interviews of him just asking me

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question after question after question.

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DR. EWING:
Basically, what I was looking for was

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did he have a mental illness.

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Do you hear voices?
See things?

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Are you paranoid?

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‐ We went through everything
he could think of.

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DR. EWING: Did he have,
uh, background of oppression

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or other abuse?

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RANDY:
But nothing fits.

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Nothing made sense.

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DR. EWING:
Nothing.

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And so I focused in

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on questions I consider to be
neurologically related.

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Have you ever had
a head injury?

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Have you ever had seizures?

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Sometimes,
people with seizure disorders

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can act out violently.

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But again,
his answers were no.

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‐ I mean, we didn't really know
where to go.

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Uh, he was just as confused as I was.

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DR. EWING:
I would have walked away saying

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there's nothing

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had I not asked
that last question

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just as a matter of thoroughness:

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"Have you ever sleepwalked?"

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RANDY: When Dr. Ewing
first said sleepwalking,

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he really, you know, made the hair
stand up on the back of my neck.

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Sleepwalking to me
at the time was,

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you know, going out to the,
to the kitchen to get a drink of water.

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But it was a big jump
to stabbing somebody 20 times.

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♪

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‐ As a sleep specialist,
and I understand.

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I've seen, you know,
hundreds of cases of sleepwalking.

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So I know sleepwalking is involuntary.

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You're not consciously aware
of what you're doing.

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[indistinct singing]

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But public ideas about sleepwalking,
generally not accurate.

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Until 1964,

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the general idea was that
the sleepwalkers were acting out

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their dreams.

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I mean, literally getting up
and acting out their dreams.

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This idea that the sleepwalker is
out of bed, got his arms out

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like Frankenstein.

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We still see it,

249
00:11:41,660 --> 00:11:44,454
if you watch something like
The Simpsons.

250
00:11:48,458 --> 00:11:50,544
But the reality is

251
00:11:50,544 --> 00:11:53,922
sleepwalking is a set
of related behaviors

252
00:11:53,922 --> 00:11:56,466
that comes out of sleep,

253
00:11:56,466 --> 00:12:00,304
most often following partial arousal
out of deep sleep.

254
00:12:00,304 --> 00:12:01,388
[man screams]

255
00:12:01,388 --> 00:12:03,140
DR. PRESSMAN:
And it usually occurs in a state

256
00:12:03,140 --> 00:12:05,767
that's not really awake or asleep.

257
00:12:06,727 --> 00:12:10,647
There's no difference between people
who sleepwalk at home every night

258
00:12:10,647 --> 00:12:13,525
and people who commit
sleepwalking violence,

259
00:12:13,525 --> 00:12:16,570
known as violent parasomnia.

260
00:12:17,613 --> 00:12:20,741
Sleepwalkers are not consciously aware
of what they're doing.

261
00:12:20,741 --> 00:12:25,245
And these days, it is understood that
someone can kill somebody in their sleep

262
00:12:25,245 --> 00:12:26,955
under the right circumstances.

263
00:12:31,710 --> 00:12:34,963
REPORTER: We're here on Sarazen Drive
off of Belvedere Road.

264
00:12:34,963 --> 00:12:38,300
Deputies have been out here all day
blocking off the street.

265
00:12:38,800 --> 00:12:42,262
Deputies tell us they got
a 911 call this morning

266
00:12:42,262 --> 00:12:44,598
from a man who told them
a woman was dead

267
00:12:44,598 --> 00:12:47,017
inside her home here on Sarazen.

268
00:12:50,229 --> 00:12:51,897
ANNA COX:
As a bloodstain analyst,

269
00:12:51,897 --> 00:12:55,150
one of the things
I'm attempting to do is

270
00:12:55,150 --> 00:12:58,278
try to figure out where
the actual crime happened

271
00:12:58,278 --> 00:12:59,446
within the scene.

272
00:13:02,866 --> 00:13:06,995
In this case, I'm analyzing
and interpreting throughout the residence

273
00:13:06,995 --> 00:13:09,790
the bloodstains
and the movements of Brooke

274
00:13:09,790 --> 00:13:13,335
and its incredible sensory overload.

275
00:13:15,462 --> 00:13:16,630
The smells,

276
00:13:17,548 --> 00:13:19,883
the blood just dripping down the walls.

277
00:13:21,385 --> 00:13:23,303
I've been doing this
for 21 years.

278
00:13:23,303 --> 00:13:24,847
I've probably seen

279
00:13:25,514 --> 00:13:28,892
more incidents
than any human being should.

280
00:13:31,645 --> 00:13:34,690
This was one of
the more vicious crime scenes

281
00:13:34,690 --> 00:13:36,108
that I had to document.

282
00:13:37,234 --> 00:13:39,611
I still admit that this case
really bothers me.

283
00:13:42,239 --> 00:13:44,658
ALEATHEA McROBERTS:
This was totally violent.

284
00:13:46,326 --> 00:13:48,537
Brooke was stabbed 25 times.

285
00:13:49,079 --> 00:13:52,124
We know that
after she is dead and down,

286
00:13:52,124 --> 00:13:54,793
he gets a quilt to‐to wrap her.

287
00:13:55,794 --> 00:13:57,546
There are psychological experts

288
00:13:57,546 --> 00:14:00,507
that say sometimes if a person
is known to you,

289
00:14:00,507 --> 00:14:04,136
they're want to cover them
to conceal their face from you

290
00:14:04,136 --> 00:14:06,096
to preserve her dignity.

291
00:14:06,680 --> 00:14:09,933
But it might be actually to assist him
in dragging her out.

292
00:14:09,933 --> 00:14:13,896
People don't realize how heavy
a, a dead‐weight body is.

293
00:14:14,855 --> 00:14:17,399
REID SCOTT: You know,
we have a beautiful young woman

294
00:14:17,399 --> 00:14:19,234
who is absolutely brutally murdered.

295
00:14:19,776 --> 00:14:23,488
I mean, this was a prolonged attack
that most likely took a couple of minutes.

296
00:14:23,488 --> 00:14:25,657
You think about doing this 25 times.
[striking palm]

297
00:14:26,825 --> 00:14:30,037
It's a brutal, violent struggle
that's taking place.

298
00:14:31,455 --> 00:14:34,124
The murder weapon is still
in the bathroom

299
00:14:34,124 --> 00:14:35,792
covered in Randy's fingerprints

300
00:14:36,543 --> 00:14:37,794
depressed in the blood.

301
00:14:37,794 --> 00:14:41,215
At the time of the crime,
nobody else was in the house.

302
00:14:41,840 --> 00:14:42,883
‐ It was clear cut.

303
00:14:43,467 --> 00:14:47,262
He even admitted that she's been murdered
and I did it.

304
00:14:47,262 --> 00:14:50,974
On the face of it,
there was not really a viable defense.

305
00:14:53,268 --> 00:14:55,562
OFFICER: Can I get you guys anything
as far as water or anything like that?

306
00:14:55,562 --> 00:14:58,190
[indistinct chatter]

307
00:14:58,190 --> 00:14:59,608
OFFICER: Give me one second
to just make this phone call,

308
00:14:59,608 --> 00:15:00,651
and I'll be right back.

309
00:15:03,362 --> 00:15:04,655
‐ This is not good.

310
00:15:04,655 --> 00:15:06,490
Because it says Homicide.

311
00:15:06,490 --> 00:15:08,158
‐ What?
‐ It says Homicide.

312
00:15:08,992 --> 00:15:10,827
That means somebody killed her.

313
00:15:12,496 --> 00:15:13,747
How did she die?

314
00:15:14,498 --> 00:15:16,583
OFFICER:
I can tell you that for right now

315
00:15:16,583 --> 00:15:18,627
it appears that she was stabbed.

316
00:15:18,627 --> 00:15:21,839
BROOKE'S MOTHER: [crying]
Oh my god, no!

317
00:15:24,508 --> 00:15:25,676
[sniffles]

318
00:15:28,428 --> 00:15:31,014
I've known Randy
since he was, like, ten.

319
00:15:32,558 --> 00:15:34,226
He was a mellow, mellow kid.

320
00:15:34,226 --> 00:15:36,603
I've never even heard him raise his voice.

321
00:15:37,479 --> 00:15:40,023
I mean, god,
the kid was at my house.

322
00:15:40,023 --> 00:15:41,567
He's been to pool parties.

323
00:15:41,567 --> 00:15:42,526
I mean...

324
00:15:43,402 --> 00:15:44,528
he's always quiet.

325
00:15:44,528 --> 00:15:45,988
Everybody always liked him.

326
00:15:45,988 --> 00:15:47,698
Nice guy,
always a nice guy.

327
00:15:48,699 --> 00:15:49,408
‐ Doesn't make sense.

328
00:15:49,408 --> 00:15:51,243
BROOKE'S MOTHER: It doesn't,
it doesn't make any sense.

329
00:15:52,870 --> 00:15:54,371
Never in a million years.

330
00:15:55,622 --> 00:16:00,878
♪

331
00:16:04,798 --> 00:16:07,259
ADAMS:
What are you doing? Come here.

332
00:16:07,759 --> 00:16:08,802
You can come.

333
00:16:09,595 --> 00:16:10,929
You a good boy.

334
00:16:20,189 --> 00:16:21,857
I have pictures of Randy.

335
00:16:23,734 --> 00:16:27,070
Lot of pictures of Randy,
'cause I like surrounding myself

336
00:16:27,070 --> 00:16:30,324
with... the kids and family.

337
00:16:31,867 --> 00:16:34,328
And that's all the different Randys
growing up.

338
00:16:34,912 --> 00:16:37,789
Him and his sister
were always close.

339
00:16:37,789 --> 00:16:40,542
And my mom
gets upset once in a while,

340
00:16:40,542 --> 00:16:42,127
and Randy would always make her smile.

341
00:16:42,127 --> 00:16:44,213
He was the only one
that could make her smile.

342
00:16:46,507 --> 00:16:48,175
When Randy was little,

343
00:16:48,175 --> 00:16:51,053
if I wanted him to do something,
I just pretended I was crying,

344
00:16:51,053 --> 00:16:52,930
and he'd do it
just so I didn't cry.

345
00:16:53,680 --> 00:16:56,099
And even when he got
older enough to know

346
00:16:56,099 --> 00:16:58,560
that I was pretending
and I was faking,

347
00:16:58,560 --> 00:17:01,605
he'd still do it
because he didn't want to see me sad.

348
00:17:01,605 --> 00:17:04,149
"Alright, fine, just get that look
off your face and I'll do it."

349
00:17:05,567 --> 00:17:06,860
BOY: Hey, mom.

350
00:17:06,860 --> 00:17:09,571
ADAMS: He's always been
a very good kid, very supportive,

351
00:17:09,571 --> 00:17:10,822
very respectful.

352
00:17:12,366 --> 00:17:14,576
‐ He's very kind, friendly.

353
00:17:16,203 --> 00:17:18,830
Growing up,
we really just rode bikes,

354
00:17:18,830 --> 00:17:20,290
hiking,

355
00:17:21,250 --> 00:17:22,751
exploring the woods.

356
00:17:23,252 --> 00:17:24,086
WOMAN:
Push hard.

357
00:17:24,670 --> 00:17:28,590
♪

358
00:17:28,590 --> 00:17:32,261
ADAMS: I remember he went down the creek
the one time with his friends.

359
00:17:33,595 --> 00:17:36,265
Randy's like, look at the flowers.
Aren't they pretty?

360
00:17:37,391 --> 00:17:38,809
And they laughed at him.

361
00:17:39,768 --> 00:17:42,688
Men don't do that, you know.
You're not supposed to notice flowers.

362
00:17:44,106 --> 00:17:45,607
Must act like a man.

363
00:17:46,400 --> 00:17:48,151
But it was from being
with me and his sister,

364
00:17:48,151 --> 00:17:49,778
and we loved nature and stuff.

365
00:17:51,113 --> 00:17:52,739
But it would bother Randy.

366
00:17:54,074 --> 00:17:55,492
DR. PAULA BRUCE:
I haven't met him.

367
00:17:55,492 --> 00:17:58,370
But as a clinical
and forensic psychologist,

368
00:17:58,370 --> 00:18:00,747
I find the case of Randy Herman

369
00:18:00,747 --> 00:18:02,082
is fascinating.

370
00:18:02,749 --> 00:18:06,628
This dynamic of Randy growing up
with the two women in his life

371
00:18:06,628 --> 00:18:10,048
and not experiencing
traditional masculinity.

372
00:18:10,048 --> 00:18:12,926
And so his relationship with women
is really tied up

373
00:18:12,926 --> 00:18:14,970
with a lot of emotionality.

374
00:18:14,970 --> 00:18:19,016
And there may be something about
the present dynamic

375
00:18:19,016 --> 00:18:20,392
with Brooke and Jordan

376
00:18:20,392 --> 00:18:23,770
that was somewhat emotionally similar

377
00:18:23,770 --> 00:18:26,481
to what he had
with his mother and his sister.

378
00:18:28,775 --> 00:18:30,110
OFFICER:
Jordan?

379
00:18:31,778 --> 00:18:32,696
Okay.

380
00:18:35,741 --> 00:18:37,743
Uh, first off,
I'm very sorry, okay.

381
00:18:37,743 --> 00:18:40,329
There's nothing I can say
that would ever

382
00:18:41,163 --> 00:18:42,247
help you at all,

383
00:18:42,247 --> 00:18:46,251
but, um... I just kind of want
to start from the beginning.

384
00:18:46,877 --> 00:18:49,296
I guess you were out of town.

385
00:18:49,296 --> 00:18:51,381
‐ Yeah, I flew out Thursday night.

386
00:18:51,381 --> 00:18:53,592
‐ Okay. Did you talk
to your sister on Friday?

387
00:18:54,301 --> 00:18:56,094
‐ Yeah, I talked to her every day.

388
00:18:56,094 --> 00:18:57,262
‐ Okay.

389
00:18:57,262 --> 00:19:00,349
‐ She's my sister,
but she's like my best friend too.

390
00:19:01,058 --> 00:19:03,977
‐ Brooke Preston was about
two years younger

391
00:19:03,977 --> 00:19:06,438
than her older sister Jordan Preston.

392
00:19:06,438 --> 00:19:08,065
But they were always together.

393
00:19:08,815 --> 00:19:11,735
‐ Brooke and Jordan
were childhood best friends

394
00:19:12,528 --> 00:19:16,114
surrounded by really supportive parents.

395
00:19:17,074 --> 00:19:19,493
‐ Brooke spent a lot of time
on social media.

396
00:19:19,910 --> 00:19:21,995
She posted a lot,

397
00:19:21,995 --> 00:19:25,207
especially about her family.

398
00:19:28,126 --> 00:19:30,754
McROBERTS:
Brooke was close with her family

399
00:19:30,754 --> 00:19:34,716
and, you know, family that close,
they did things together,

400
00:19:35,217 --> 00:19:36,635
WOMAN:
Okay.

401
00:19:36,635 --> 00:19:38,887
‐ It's time to take you down
to the dirty dungeon

402
00:19:39,972 --> 00:19:42,391
so that nobody'll ever find you.

403
00:19:43,892 --> 00:19:47,938
MAJCHROWICZ: Once a week or so,
Prestons had these family dinners

404
00:19:49,940 --> 00:19:53,151
to just hang out
and bond with their daughters.

405
00:19:57,865 --> 00:20:00,617
McROBERTS:
With Brooke's strong family relationships,

406
00:20:01,159 --> 00:20:04,913
it's not surprising
that she was well‐liked by everybody.

407
00:20:09,376 --> 00:20:12,796
‐ Between Brooke and Randy,
was there ever any issues with them?

408
00:20:12,796 --> 00:20:14,840
‐ Never.
‐ Never at all?

409
00:20:14,840 --> 00:20:16,758
‐ I've never even seen him violent.

410
00:20:16,758 --> 00:20:17,885
I don't understand.

411
00:20:17,885 --> 00:20:20,387
We've lived together
since the day he came down here,

412
00:20:20,387 --> 00:20:22,848
'cause we were really good friends
in Pennsylvania

413
00:20:22,848 --> 00:20:24,641
since as long as I can remember.

414
00:20:24,641 --> 00:20:28,353
‐ Was there ever any sort of relationship
between them other than friends?

415
00:20:29,521 --> 00:20:32,524
Did it ever seem like he tried
to express anything more than that?

416
00:20:33,775 --> 00:20:35,110
‐ Not to me.

417
00:20:35,110 --> 00:20:38,322
‐ I was just making sure
there is not like some underlying

418
00:20:38,322 --> 00:20:41,450
weird relationship thing that I'm missing

419
00:20:41,450 --> 00:20:43,076
or anything that anybody was‐‐

420
00:20:43,076 --> 00:20:44,912
‐ I wish there was
some explanation.

421
00:20:49,374 --> 00:20:50,584
ADAMS:
I know my son.

422
00:20:51,543 --> 00:20:55,047
I know that he's not capable
of doing something like that.

423
00:20:55,047 --> 00:20:59,051
The only possible way
he could have done it was sleepwalking

424
00:20:59,051 --> 00:21:02,137
where he wasn't conscious,
he didn't know what was going on.

425
00:21:02,930 --> 00:21:05,807
When he was younger,
one night,

426
00:21:06,642 --> 00:21:09,811
me and Amanda were up
and he had already gone to bed

427
00:21:09,811 --> 00:21:12,064
and we were in the kitchen,
and he came out

428
00:21:12,064 --> 00:21:13,565
and climbed on the counter.

429
00:21:14,274 --> 00:21:16,276
He has that look,
like a dazed look.

430
00:21:17,110 --> 00:21:19,321
And Amanda asks him,
"What are you doing?"

431
00:21:19,780 --> 00:21:21,281
He'd just look at you,

432
00:21:21,281 --> 00:21:23,200
and he wouldn't say anything.

433
00:21:25,077 --> 00:21:26,453
He was getting a drink,

434
00:21:26,453 --> 00:21:28,914
and he gets pancake mix
out of the cupboard.

435
00:21:29,706 --> 00:21:32,417
By then, we realized
he was sleepwalking.

436
00:21:33,544 --> 00:21:35,963
I'd guide him back to bed,
and he'd go right with me

437
00:21:35,963 --> 00:21:38,423
and he'd lay right down
and he was out like a light.

438
00:21:40,092 --> 00:21:42,678
‐ When we were younger,
we had plastic on the windows

439
00:21:42,678 --> 00:21:44,930
to keep the heat in
in the wintertime.

440
00:21:46,139 --> 00:21:48,600
He would get up
in the middle of the night sleepwalking

441
00:21:48,600 --> 00:21:51,520
and just start scratching
at the windows,

442
00:21:52,271 --> 00:21:54,606
and he would say
he was trying to get out.

443
00:21:57,651 --> 00:21:59,736
ADAMS:
My Randy was around ten.

444
00:21:59,736 --> 00:22:02,322
I was working at the bar
right next door.

445
00:22:03,240 --> 00:22:06,410
One night, it was light
and I had one customer,

446
00:22:06,410 --> 00:22:07,828
and I was closing up

447
00:22:09,162 --> 00:22:11,331
when Randy rode his bike
to the bar.

448
00:22:12,040 --> 00:22:14,960
And he just walked up to the bar,
he laid his head on it.

449
00:22:16,044 --> 00:22:18,255
I asked him, what are you
doing out this late?

450
00:22:18,255 --> 00:22:20,340
And he turned around
and walked back out the door.

451
00:22:21,049 --> 00:22:22,467
And he got on his bike

452
00:22:23,510 --> 00:22:24,636
and rode home.

453
00:22:25,679 --> 00:22:29,057
We knew he was sleepwalking
because he didn't speak to me.

454
00:22:30,601 --> 00:22:34,938
Because it was just across the street,
he'd ride to the bar every day.

455
00:22:35,731 --> 00:22:38,317
So he was very familiar
with the road.

456
00:22:38,317 --> 00:22:40,986
He could ride over there
with his eyes closed.

457
00:22:43,030 --> 00:22:45,240
‐ Sleepwalking is complex.

458
00:22:45,240 --> 00:22:48,368
It's more likely to occur in adults

459
00:22:48,368 --> 00:22:51,538
who had a history of sleepwalking
as a child.

460
00:22:52,080 --> 00:22:54,708
Certainly there are sleepwalkers
who seem to do

461
00:22:54,708 --> 00:22:58,337
very coordinated, scary things.

462
00:22:59,755 --> 00:23:01,131
Something like driving a car.

463
00:23:01,131 --> 00:23:02,549
[engine starts]

464
00:23:02,549 --> 00:23:03,926
Often automatic.

465
00:23:05,052 --> 00:23:07,429
It's a behavior which is over‐learned.

466
00:23:07,429 --> 00:23:08,347
[engine starts]

467
00:23:09,181 --> 00:23:12,392
Something done dozens,
hundreds of times.

468
00:23:13,143 --> 00:23:13,894
[engine starts]

469
00:23:16,480 --> 00:23:19,483
It's one of these, "I did it so many
times, I could do it in my sleep."

470
00:23:19,483 --> 00:23:24,655
♪

471
00:23:27,783 --> 00:23:29,159
NEWSREADER 1:
Breaking story today,

472
00:23:29,159 --> 00:23:32,037
a killer's unusual defense
of sleepwalking.

473
00:23:32,037 --> 00:23:35,582
NEWSREADER 2: Randy Herman, now 26,
is charged with the first‐degree murder

474
00:23:35,582 --> 00:23:36,959
in Preston's stabbing death.

475
00:23:36,959 --> 00:23:39,670
NEWSREADER 3: Herman told him
about his sleepwalking history

476
00:23:39,670 --> 00:23:41,004
corroborated by family.

477
00:23:41,004 --> 00:23:43,382
NEWSREADER 4:
Meantime, Randy Herman will remain

478
00:23:43,382 --> 00:23:45,300
behind bars
at the Palm Beach County Jail.

479
00:23:45,300 --> 00:23:48,387
‐ Mr. Walsh told me that he was going
to ask for a continuance

480
00:23:48,387 --> 00:23:52,182
because he had discovered that there was
a legitimate potential defense

481
00:23:52,182 --> 00:23:53,684
that he wanted to explore.

482
00:23:53,684 --> 00:23:55,644
It was the sleepwalking defense.

483
00:23:55,644 --> 00:23:57,396
I was very much taken aback

484
00:23:57,396 --> 00:24:00,065
because in all my years,
I'd never seen it.

485
00:24:01,275 --> 00:24:04,278
WALSH: When Dr. Ewing
first brought up sleepwalking,

486
00:24:04,278 --> 00:24:06,029
it seemed logical.

487
00:24:06,530 --> 00:24:09,575
But there's really not a defense
for that here in Florida.

488
00:24:10,534 --> 00:24:12,619
In other states,
sleepwalking would seem

489
00:24:12,619 --> 00:24:15,747
to kind of fold
into diminished capacity.

490
00:24:15,747 --> 00:24:18,792
But we don't have a diminished capacity
defense here in Florida.

491
00:24:19,168 --> 00:24:22,921
So we had to find some way
to defend Randy's case.

492
00:24:24,089 --> 00:24:27,467
The DSM is like an encyclopedia
for psychologists.

493
00:24:28,427 --> 00:24:31,889
And the DSM recognizes sleepwalking

494
00:24:31,889 --> 00:24:34,516
as a mental disease or infirmity.

495
00:24:35,058 --> 00:24:38,562
So the DSM became
the basis for our case.

496
00:24:41,356 --> 00:24:43,192
OFFICER:
Things happen, alright.

497
00:24:44,610 --> 00:24:46,904
Sometimes things happen, Randy.

498
00:24:47,446 --> 00:24:49,364
And we just need to figure it out.

499
00:24:49,823 --> 00:24:52,367
WALSH:
When the police questioned Randy,

500
00:24:52,367 --> 00:24:55,495
he was clearly remorseful
about what had happened.

501
00:24:55,495 --> 00:24:57,039
[Randy crying]

502
00:24:57,039 --> 00:24:58,790
RANDY:
Is she okay?

503
00:24:58,790 --> 00:25:00,250
Please tell me.

504
00:25:01,210 --> 00:25:02,377
Please tell me.

505
00:25:03,712 --> 00:25:06,715
‐ We like to follow our common sense
and follow the evidence,

506
00:25:06,715 --> 00:25:10,844
and‐and this appeared to be simply,
you know, an act of rage,

507
00:25:10,844 --> 00:25:14,223
an act of hatred,
an act of, you know, lover scorned,

508
00:25:14,223 --> 00:25:15,516
you know, whatever happened.

509
00:25:17,476 --> 00:25:19,269
On its face,
that's what it appeared to be.

510
00:25:20,646 --> 00:25:23,732
But then, you know, you just know
that what you're going to have to explain

511
00:25:23,732 --> 00:25:24,858
is, well, where's the motive?

512
00:25:26,568 --> 00:25:29,780
Randy said he had no sexual interest
in Brooke Preston

513
00:25:30,572 --> 00:25:34,451
and that there was no infatuation
between the two of them.

514
00:25:36,203 --> 00:25:37,454
OFFICER:
Randy, it seems like

515
00:25:38,121 --> 00:25:39,957
that you had some feelings
for Brooke.

516
00:25:41,124 --> 00:25:43,502
You hadn't been boyfriend‐girlfriend
with her, right?

517
00:25:44,837 --> 00:25:46,672
RANDY:
No, she was like my sister.

518
00:25:46,672 --> 00:25:48,674
OFFICER: Okay.
RANDY: Sister.

519
00:25:49,842 --> 00:25:51,927
‐ But when you looked
at the dynamic of the three of them,

520
00:25:51,927 --> 00:25:55,556
he's a, he's a young man,
he wasn't terribly attractive,

521
00:25:55,556 --> 00:25:57,432
kind of smaller,
little bit heavier,

522
00:25:57,432 --> 00:26:00,519
and living in a home with
these two very attractive ladies.

523
00:26:01,103 --> 00:26:05,148
The vibe that I got was just like, okay,
Randy was in love with Brooke Preston.

524
00:26:06,441 --> 00:26:08,402
McROBERTS:
Maybe he attempted something sexual.

525
00:26:09,403 --> 00:26:12,322
And she may have rebuffed him,
she may have been cruel about it.

526
00:26:12,781 --> 00:26:15,284
You know,
some people react violently

527
00:26:15,284 --> 00:26:16,952
when they're rebuffed.

528
00:26:16,952 --> 00:26:18,704
Or laughed at.

529
00:26:20,122 --> 00:26:21,999
And that's maybe what set him off.

530
00:26:23,375 --> 00:26:25,586
‐ I feel like Randy really liked Brooke.

531
00:26:25,586 --> 00:26:28,922
I do feel like
Brooke liked Randy as well.

532
00:26:30,048 --> 00:26:31,592
Yeah.
INTERVIEWER: In a romantic way?

533
00:26:32,050 --> 00:26:33,427
‐ In every way.

534
00:26:33,427 --> 00:26:36,305
♪

535
00:26:36,305 --> 00:26:40,434
Then Brooke started getting serious
with this other guy, I guess.

536
00:26:42,603 --> 00:26:46,857
And if Randy started getting feelings
for, for Brooke‐‐

537
00:26:49,026 --> 00:26:50,235
Love kills.

538
00:26:50,986 --> 00:26:53,947
♪

539
00:26:53,947 --> 00:26:56,033
♪

540
00:26:56,033 --> 00:26:59,077
OFFICER: Were you ever aware of them
maybe having any kind of relationship?

541
00:26:59,077 --> 00:27:00,329
BROOKE'S MOTHER: Randy‐‐
OFFICER: Brooke and Randy.

542
00:27:00,329 --> 00:27:03,582
BROOKE'S MOTHER: No. No,
Brooke has a guy that she's been with

543
00:27:03,582 --> 00:27:05,542
on and off for three or four years.

544
00:27:07,044 --> 00:27:08,003
Bryan.

545
00:27:10,047 --> 00:27:11,882
MAJCHROWICZ:
Brooke was in a really committed

546
00:27:11,882 --> 00:27:14,468
and very public relationship
at the time.

547
00:27:15,260 --> 00:27:17,387
She posted stuff online

548
00:27:17,387 --> 00:27:19,640
and talked about it all the time.

549
00:27:21,225 --> 00:27:24,645
Her boyfriend gets, like,
a promising job opportunity,

550
00:27:24,645 --> 00:27:25,854
um, up north.

551
00:27:26,522 --> 00:27:28,565
And so, they're pretty serious.

552
00:27:30,108 --> 00:27:33,153
Brooke had recently
disclosed to her mother

553
00:27:33,153 --> 00:27:36,198
that her and this guy were,
were the real deal.

554
00:27:36,198 --> 00:27:37,824
OFFICER:
Is that the guy who's in New York?

555
00:27:37,824 --> 00:27:40,410
BROOKE'S MOTHER:
Yes, they're together now.

556
00:27:41,036 --> 00:27:42,538
They're very happy,

557
00:27:43,080 --> 00:27:44,790
talking about getting engaged.

558
00:27:45,457 --> 00:27:48,168
In fact, she was only here
to pick up her car

559
00:27:48,168 --> 00:27:49,962
to drive back to Buffalo.

560
00:27:49,962 --> 00:27:51,421
She's starting a new‐‐

561
00:27:52,422 --> 00:27:54,049
[crying]

562
00:27:54,967 --> 00:27:56,009
No!

563
00:27:59,513 --> 00:28:02,057
‐ Are you friendly with Randy
or were you friendly?

564
00:28:02,057 --> 00:28:03,809
‐ I was‐‐ Yes,
I was friendly with Randy.

565
00:28:03,809 --> 00:28:05,435
OFFICER: Okay.
‐ I mean,

566
00:28:05,435 --> 00:28:06,937
you know, I didn't go out of my way
to hang out with him,

567
00:28:06,937 --> 00:28:09,147
but anytime I was hanging out
with Jordan and Brooke,

568
00:28:09,147 --> 00:28:12,442
you know, he was always there,
so we would always hang out.

569
00:28:13,360 --> 00:28:16,905
This is as much of a shock to me
as it is to everybody else.

570
00:28:16,905 --> 00:28:19,449
Randy never, to me,
showed anything weird

571
00:28:19,449 --> 00:28:20,993
except for Friday night.

572
00:28:22,744 --> 00:28:25,414
SCOTT:
The day before she was killed,

573
00:28:25,414 --> 00:28:28,750
Brooke and Randy
had been drinking all day.

574
00:28:28,750 --> 00:28:32,504
And that night, Randy exhibited
very odd behaviors

575
00:28:32,504 --> 00:28:34,047
that made her feel uncomfortable.

576
00:28:34,047 --> 00:28:36,383
And she communicated that
to her friend Kyle McGregor.

577
00:28:37,092 --> 00:28:38,552
‐ Brooke had sent me a text.

578
00:28:39,261 --> 00:28:42,431
She said, "Please pick me up
and take me somewhere."

579
00:28:42,431 --> 00:28:43,307
[message notification chimes]

580
00:28:43,974 --> 00:28:46,894
And I said why, and she said,
"He's being belligerent and stumbling.

581
00:28:46,894 --> 00:28:48,187
Pissing me off."

582
00:28:49,730 --> 00:28:51,857
Right when she texted me that,
I was right around the corner

583
00:28:51,857 --> 00:28:53,066
about to turn into the neighborhood.

584
00:28:53,066 --> 00:28:56,612
I knocked on the door, he was just
stumbling around, uh, you know.

585
00:28:56,612 --> 00:28:58,405
Basically, he looked like
he was drunk to me.

586
00:28:59,990 --> 00:29:02,618
McROBERTS: Kyle went to the kitchen
to get something to drink

587
00:29:02,618 --> 00:29:05,621
and didn't remember seeing
where Randy went.

588
00:29:06,455 --> 00:29:09,791
And then all of a sudden,
Brooke came busting out of the bedroom

589
00:29:09,791 --> 00:29:10,918
very upset.

590
00:29:13,337 --> 00:29:18,383
And told Kyle that Randy just was
in my bedroom closet naked.

591
00:29:20,219 --> 00:29:23,514
‐ She said Randy was butt‐ass naked
doing this to me.

592
00:29:26,642 --> 00:29:28,227
OFFICER:
Totally naked?

593
00:29:28,227 --> 00:29:30,062
‐ Totally naked.
That's what she said.

594
00:29:30,062 --> 00:29:31,688
And that,
obviously that freaked her out.

595
00:29:31,688 --> 00:29:34,441
I mean, I'd be freaked out
if there was a naked man in my closet.

596
00:29:36,485 --> 00:29:38,987
She grabbed me by the arm
and she said, "We gotta go, you know.

597
00:29:38,987 --> 00:29:41,573
Can we leave now?
He's freaking me out."

598
00:29:43,367 --> 00:29:45,494
SCOTT:
Really, really scared her.

599
00:29:45,494 --> 00:29:48,622
And it just reeks
of some sort of sexual interest.

600
00:29:49,164 --> 00:29:52,876
And there's other key pieces of evidence
that suggested that this was

601
00:29:52,876 --> 00:29:54,837
sexually motivated.

602
00:29:54,837 --> 00:29:57,339
For example,
he had a pair of fuzzy handcuffs

603
00:29:57,339 --> 00:29:59,091
next to his bed

604
00:29:59,091 --> 00:30:01,260
as well as the murder weapon,
a knife.

605
00:30:01,927 --> 00:30:05,013
‐ He claimed that women liked
to be tied down,

606
00:30:05,013 --> 00:30:07,516
and they actually enjoyed it
when he's done it before.

607
00:30:08,016 --> 00:30:11,562
‐ Our theory in the case was that
Randy Herman was absolutely in love

608
00:30:11,562 --> 00:30:12,688
with Brooke Preston.

609
00:30:14,022 --> 00:30:15,524
Him being nude in the closet

610
00:30:16,191 --> 00:30:18,402
and some of his behaviors that night

611
00:30:18,402 --> 00:30:20,863
maybe he saw
as a way to win her over,

612
00:30:21,905 --> 00:30:24,992
to show her how much he loved her.

613
00:30:25,576 --> 00:30:28,036
Ultimately, she was not interested.

614
00:30:28,036 --> 00:30:29,496
He was sort of in the friend zone.

615
00:30:30,747 --> 00:30:34,376
And given that this case had
a sexual overtone to it,

616
00:30:34,376 --> 00:30:37,754
I just said to myself,
this is not sleepwalking.

617
00:30:38,422 --> 00:30:42,259
♪

618
00:30:43,927 --> 00:30:47,389
DR. PRESSMAN: If Randy Herman
was in a state of sleepwalking

619
00:30:47,389 --> 00:30:49,349
at the time he stabbed,

620
00:30:49,349 --> 00:30:51,018
uh, the victim,

621
00:30:51,018 --> 00:30:53,854
then I believe this is an explanation,

622
00:30:53,854 --> 00:30:55,397
an excuse for what he did.

623
00:30:56,148 --> 00:30:58,650
And we know that
modern brain science says

624
00:30:58,650 --> 00:31:01,069
that there are reptilian instincts,

625
00:31:02,446 --> 00:31:04,156
certain primitive behaviors

626
00:31:06,158 --> 00:31:08,493
that, uh, served our predecessors.

627
00:31:09,119 --> 00:31:11,538
Eat, sleep, hunting,

628
00:31:12,247 --> 00:31:13,040
sex,

629
00:31:13,999 --> 00:31:15,125
protection.

630
00:31:15,834 --> 00:31:18,378
And they were still
in there somewhere.

631
00:31:19,713 --> 00:31:23,217
When you're awake,
all these primitive instincts

632
00:31:23,217 --> 00:31:25,928
are inhibited
by the part of the brain

633
00:31:25,928 --> 00:31:28,472
that developed to stop us

634
00:31:28,472 --> 00:31:31,350
from acting out,
you know, these behaviors.

635
00:31:31,350 --> 00:31:34,770
♪

636
00:31:34,770 --> 00:31:36,772
But when you're sleeping,

637
00:31:36,772 --> 00:31:40,734
the part of the brain that controls
these primitive behaviors

638
00:31:40,734 --> 00:31:41,777
is turned off.

639
00:31:43,153 --> 00:31:47,616
So sleepwalkers are acting
out of primitive instinct.

640
00:31:47,616 --> 00:31:49,993
It's not that the sleepwalker gets up

641
00:31:49,993 --> 00:31:52,037
and goes hunting

642
00:31:52,037 --> 00:31:54,122
or goes looking for a victim.

643
00:31:54,122 --> 00:31:57,417
This person is just
a potential danger

644
00:31:57,417 --> 00:31:59,753
who is approaching them.

645
00:32:02,089 --> 00:32:04,299
And they would not know
who that person was.

646
00:32:04,299 --> 00:32:06,218
[man moaning]

647
00:32:08,887 --> 00:32:11,014
DR. PRESSMAN:
They are reacting

648
00:32:11,014 --> 00:32:13,016
to a trigger.

649
00:32:14,601 --> 00:32:18,856
Something that could cause
a brief arousal in your sleep.

650
00:32:19,356 --> 00:32:20,983
That could be a sound,

651
00:32:21,650 --> 00:32:22,693
touch.

652
00:32:23,193 --> 00:32:25,445
They wouldn't stab someone once
and say, "Oh, you're dead."

653
00:32:25,988 --> 00:32:28,907
They would just keep going
until at some level

654
00:32:28,907 --> 00:32:31,827
they're satisfied there's no longer
a risk in front of them.

655
00:32:32,411 --> 00:32:35,247
And it's usually triggered
by the victim.

656
00:32:35,247 --> 00:32:38,250
So in the case of Randy
and his roommate,

657
00:32:38,250 --> 00:32:40,794
we should be asking,
on that morning,

658
00:32:40,794 --> 00:32:43,964
did he perform
those violent behaviors

659
00:32:43,964 --> 00:32:46,175
while he was in a state
of sleepwalking?

660
00:32:51,889 --> 00:32:54,099
ADAMS:
When Randy was a little kid,

661
00:32:54,099 --> 00:32:56,727
I didn't take him to the doctor
for sleepwalking.

662
00:32:56,727 --> 00:32:58,395
Because it's a normal thing, you know.

663
00:32:58,395 --> 00:33:01,190
I sleepwalked, my daughter sleepwalked.
We grew out of it.

664
00:33:01,190 --> 00:33:03,692
I didn't know it was a medical thing.

665
00:33:03,692 --> 00:33:04,776
I never heard that.

666
00:33:05,402 --> 00:33:08,030
And anyways, you have to pay,
like, a lot of money

667
00:33:08,030 --> 00:33:11,158
if you actually want to take them
to the doctor for sleepwalking.

668
00:33:12,618 --> 00:33:14,453
AMANDA CONA: Growing up,
we didn't have a lot of money.

669
00:33:15,120 --> 00:33:16,622
It was kind of rough.

670
00:33:16,622 --> 00:33:19,249
My mom, she was always working
all the time,

671
00:33:19,249 --> 00:33:21,668
and me and my brother

672
00:33:21,668 --> 00:33:24,046
were always at babysitters.

673
00:33:26,089 --> 00:33:29,009
ADAMS:
It was when they were younger that

674
00:33:30,969 --> 00:33:32,304
their father and I split up.

675
00:33:39,561 --> 00:33:42,856
CONA: Growing up, I thought my dad,
like, lived so far away.

676
00:33:42,856 --> 00:33:46,485
And then, as I got older, I'm like,
you know, it was only 40 minutes away,

677
00:33:46,485 --> 00:33:47,861
an hour away.

678
00:33:47,861 --> 00:33:50,822
But he always said that he‐‐
it was too far for him to come drive.

679
00:33:52,783 --> 00:33:55,577
ADAMS: And he never really tried
to take the kids,

680
00:33:55,577 --> 00:33:57,663
except for when Amanda got older,

681
00:33:57,663 --> 00:34:00,332
like, old enough to, like, clean

682
00:34:00,332 --> 00:34:03,043
and, you know,
take care of herself.

683
00:34:03,043 --> 00:34:05,087
He told her
she could come live with him.

684
00:34:07,422 --> 00:34:09,466
That hurt Randy's feelings.

685
00:34:10,342 --> 00:34:12,594
And Randy just totally devastated

686
00:34:12,594 --> 00:34:14,221
thinking Dad didn't love him.

687
00:34:15,514 --> 00:34:18,433
RANDY: Growing up,
my father wasn't really in the picture,

688
00:34:18,433 --> 00:34:21,270
and we kind of got
more and more separate.

689
00:34:21,270 --> 00:34:23,897
The weekends together would get
longer and longer apart.

690
00:34:25,899 --> 00:34:27,401
MAN: Ah!
[Randy yelps]

691
00:34:30,404 --> 00:34:34,992
[indistinct chatter]

692
00:34:36,201 --> 00:34:39,037
CONA:
Uh, my dad has always drank a lot.

693
00:34:40,873 --> 00:34:43,500
Uh... he drank all the time.

694
00:34:45,252 --> 00:34:47,171
Before my dad and mom split up,

695
00:34:47,171 --> 00:34:49,548
they used to get
into pretty big fights.

696
00:34:53,385 --> 00:34:56,972
I remember one time my dad was drunk
and he locked us outside the house,

697
00:34:56,972 --> 00:34:58,515
and I ended up peeing my pants.

698
00:34:58,515 --> 00:35:00,726
I was only like five, I think.

699
00:35:00,726 --> 00:35:02,936
And then finally
when he let us in,

700
00:35:02,936 --> 00:35:04,771
my mom and him got
in a huge fight.

701
00:35:07,065 --> 00:35:09,109
[Adams laughs]

702
00:35:09,109 --> 00:35:10,485
ADAMS:
That was a bad argument.

703
00:35:11,069 --> 00:35:12,362
He was drinking.

704
00:35:14,406 --> 00:35:15,991
He opened the door

705
00:35:18,243 --> 00:35:19,828
and pulled me in by my hair.

706
00:35:19,828 --> 00:35:20,621
Ow!

707
00:35:21,038 --> 00:35:23,498
He kept pushing your head
when you argued the push.

708
00:35:24,333 --> 00:35:27,753
And he kept doing that
and I didn't like it,

709
00:35:27,753 --> 00:35:29,796
so I turned around
and I punched him in the face.

710
00:35:32,925 --> 00:35:34,301
Well, then he hit me back.

711
00:35:34,301 --> 00:35:36,637
♪

712
00:35:36,637 --> 00:35:37,429
So...

713
00:35:44,311 --> 00:35:48,315
♪

714
00:35:49,233 --> 00:35:53,278
‐ Toxic masculinity
is a relatively new term.

715
00:35:54,279 --> 00:35:57,824
But it's really a term
that's describing an old idea.

716
00:35:57,824 --> 00:35:59,368
‐ You're going to the moon!

717
00:36:00,285 --> 00:36:01,787
‐ Dink, say goodbye to Felix.

718
00:36:01,787 --> 00:36:03,830
‐ Hmm?
‐ Uh, man talk.

719
00:36:04,581 --> 00:36:05,499
[slaps]

720
00:36:06,416 --> 00:36:10,546
‐ And it's a way of exploiting
male privilege

721
00:36:10,546 --> 00:36:13,966
in a way to create dominance
and power.

722
00:36:15,092 --> 00:36:20,055
Randy is a small guy
living in a situation with two women

723
00:36:20,055 --> 00:36:24,017
who are by all accounts probably
in a stronger position than he is.

724
00:36:25,143 --> 00:36:27,145
They've got financial security.

725
00:36:27,855 --> 00:36:31,316
And I think there is something
to be said

726
00:36:31,316 --> 00:36:34,862
about the pressures
of our current time.

727
00:36:36,655 --> 00:36:38,615
That we live in a society

728
00:36:38,615 --> 00:36:41,493
where everything is open

729
00:36:41,493 --> 00:36:43,495
for public consumption.

730
00:36:43,495 --> 00:36:47,082
And so, people's envies
can be easily served

731
00:36:47,082 --> 00:36:52,087
because instead of comparing themselves
to the two or three kids in their class,

732
00:36:52,087 --> 00:36:54,631
they've got, like, 40,000

733
00:36:54,631 --> 00:36:57,718
on the internet that
they're measuring themselves against.

734
00:36:57,718 --> 00:37:01,805
And for those that have a history
of trauma, neglect,

735
00:37:01,805 --> 00:37:05,559
a history of feeling insufficient
in some way,

736
00:37:06,351 --> 00:37:09,938
they are more vulnerable
to being impacted

737
00:37:09,938 --> 00:37:12,441
by those feelings
of envy and longing,

738
00:37:12,441 --> 00:37:15,903
and they end up driving sometimes
some of their behaviors,

739
00:37:15,903 --> 00:37:17,613
some of their choices.

740
00:37:17,613 --> 00:37:20,991
♪

741
00:37:20,991 --> 00:37:23,368
♪

742
00:37:23,368 --> 00:37:25,204
NEWSREADER:
Now at 3, shocking new details

743
00:37:25,204 --> 00:37:28,373
in the murder of a 21‐year‐old woman
whose body was found stabbed

744
00:37:28,373 --> 00:37:31,210
more than a dozen times
inside a West Palm Beach home.

745
00:37:31,210 --> 00:37:32,753
Here's the big twist in all of this.

746
00:37:32,753 --> 00:37:35,088
A TV station in Pennsylvania
now reporting

747
00:37:35,088 --> 00:37:38,509
that Randy Herman Sr.,
the father of the suspected killer,

748
00:37:38,509 --> 00:37:41,678
he too was charged with murder,
accused of killing his girlfriend

749
00:37:41,678 --> 00:37:43,972
in February 2015.

750
00:37:43,972 --> 00:37:45,682
Now, this case was later dropped
against him

751
00:37:45,682 --> 00:37:48,185
because he committed suicide.

752
00:37:48,936 --> 00:37:51,396
‐ The woman had been murdered,
and they were looking

753
00:37:51,396 --> 00:37:53,690
for, uh, my dad.

754
00:37:56,485 --> 00:37:59,238
I think there was some
kind of argument or fight.

755
00:38:00,489 --> 00:38:02,533
And, um, he killed her.

756
00:38:04,910 --> 00:38:06,411
And then he shot himself.

757
00:38:10,499 --> 00:38:14,169
RANDY: When I found out
my father shot and killed

758
00:38:14,169 --> 00:38:15,921
his girlfriend at the time,

759
00:38:16,839 --> 00:38:18,757
I was definitely conflicted.

760
00:38:18,757 --> 00:38:21,552
I mean, obviously, this was a person
that wasn't really in my life.

761
00:38:23,053 --> 00:38:25,639
And part of me felt like
I shouldn't really care.

762
00:38:26,765 --> 00:38:30,936
But another part of me also felt like,
you know, this is still my father.

763
00:38:33,605 --> 00:38:38,193
‐ I think that Randy Sr.'s homicide
and later suicide

764
00:38:38,193 --> 00:38:41,655
must have had a significant impact
on Randy Jr.

765
00:38:43,073 --> 00:38:46,785
Throughout his life,
he has been searching for this

766
00:38:46,785 --> 00:38:49,788
loving father,
father he can connect with.

767
00:38:50,789 --> 00:38:53,834
And it's a father
he never really finds.

768
00:38:54,543 --> 00:38:57,421
And when he next hears
about his father,

769
00:38:57,421 --> 00:39:01,800
it's in this devastating, ugly,
shameful kind of experience

770
00:39:01,800 --> 00:39:03,302
that reflects on him.

771
00:39:03,302 --> 00:39:04,887
They have the same name.

772
00:39:05,429 --> 00:39:07,514
Right? He can't get away from it.

773
00:39:07,973 --> 00:39:10,559
And that for a young guy like him

774
00:39:10,559 --> 00:39:13,061
who's already struggling
with his identity,

775
00:39:13,061 --> 00:39:15,272
that would have been
quite impactful.

776
00:39:17,608 --> 00:39:20,569
CONA: My brother had to go
and clean out my dad's house.

777
00:39:20,569 --> 00:39:23,739
And at the time, I was,

778
00:39:23,739 --> 00:39:26,408
I was so upset,
I was the one crying,

779
00:39:26,408 --> 00:39:30,537
and he had to go in there and clean up
the mess from the shooting.

780
00:39:31,788 --> 00:39:34,249
So he had to clean up the carpets

781
00:39:34,249 --> 00:39:35,876
and the walls.

782
00:39:37,252 --> 00:39:40,172
And I think that probably
wasn't good for him.

783
00:39:40,172 --> 00:39:43,300
That probably did some damage.

784
00:39:44,801 --> 00:39:48,847
McROBERTS: When I learned that his dad
had killed his own girlfriend,

785
00:39:49,640 --> 00:39:51,767
I thought they would run with that

786
00:39:51,767 --> 00:39:55,270
as some kind of an explanation
for some mental defense.

787
00:39:56,855 --> 00:39:58,482
You know, like father like son.

788
00:40:03,529 --> 00:40:05,906
RANDY:
After my father had passed away,

789
00:40:05,906 --> 00:40:08,200
I moved back in with my mother,

790
00:40:08,200 --> 00:40:11,245
and I was working
at a meat processing plant

791
00:40:11,245 --> 00:40:12,704
in the head room.

792
00:40:13,413 --> 00:40:16,959
I used a air knife,
and my job was removing meat

793
00:40:16,959 --> 00:40:18,293
from a jawbone.

794
00:40:19,044 --> 00:40:21,588
I just stand
in a stationary position

795
00:40:21,588 --> 00:40:24,508
and just take meat off a jawbone

796
00:40:24,508 --> 00:40:26,844
and put it on a conveyor belt,
and that was it.

797
00:40:26,844 --> 00:40:28,303
It really was a dead‐end job.

798
00:40:29,429 --> 00:40:30,764
CONA:
I was worried.

799
00:40:30,764 --> 00:40:33,225
I think he was struggling
with Dad's death.

800
00:40:33,225 --> 00:40:35,018
I just think it all just got to him.

801
00:40:36,144 --> 00:40:38,397
RANDY:
Things just weren't going well.

802
00:40:38,397 --> 00:40:40,065
I wasn't really going anywhere.

803
00:40:41,024 --> 00:40:43,735
I was just doing
the same thing every day.

804
00:40:44,862 --> 00:40:46,488
Take meat off a jawbone,

805
00:40:47,114 --> 00:40:48,490
put it on a conveyor belt.

806
00:40:48,991 --> 00:40:50,868
You know, I just felt kind of stuck.

807
00:40:51,827 --> 00:40:54,580
I realized how much
I had taken for granted

808
00:40:54,580 --> 00:40:56,582
and how many chances I was given.

809
00:40:58,458 --> 00:41:01,837
And, you know, I really went into
a depressed cycle.

810
00:41:07,634 --> 00:41:11,180
♪

811
00:41:11,180 --> 00:41:12,055
‐ Hey, Jordan.

812
00:41:12,055 --> 00:41:14,641
RANDY: And at the time,
my close friend Jordan,

813
00:41:14,641 --> 00:41:17,936
she had got a job opportunity
in West Palm Beach.

814
00:41:18,770 --> 00:41:20,022
She was moving down there,

815
00:41:20,022 --> 00:41:23,108
and we'd make jokes about me
moving down there with her.

816
00:41:25,527 --> 00:41:28,155
The more we talked about
me moving down there with them,

817
00:41:29,239 --> 00:41:30,908
the more it kinda became serious.

818
00:41:30,908 --> 00:41:31,992
[message notification chimes]

819
00:41:34,077 --> 00:41:35,704
Eventually, over time, I thought that,

820
00:41:35,704 --> 00:41:37,456
you know, maybe this
would be a good idea.

821
00:41:38,415 --> 00:41:41,043
To get out of this, you know,
dead‐end cycle that I'm in

822
00:41:41,043 --> 00:41:43,462
and to move to West Palm Beach
and start fresh

823
00:41:43,462 --> 00:41:45,297
and get a career

824
00:41:45,297 --> 00:41:48,300
and really, you know,
help my life get back on the right track.

825
00:41:52,137 --> 00:41:55,682
ADAMS: He's got lots of money
because he had his father's inheritance.

826
00:41:55,682 --> 00:41:57,851
I didn't blame him for wanting
to go to Florida.

827
00:41:57,851 --> 00:42:00,479
I figured, um,
what are you gonna do, you know.

828
00:42:00,479 --> 00:42:01,730
It's like, he has his reasons.

829
00:42:02,397 --> 00:42:05,150
He wanted to go down
and make something of himself.

830
00:42:05,150 --> 00:42:07,861
He used to always tell me
that he was gonna make lots of money

831
00:42:07,861 --> 00:42:09,905
and buy me a house down there.

832
00:42:09,905 --> 00:42:12,991
So he went
to West Palm Beach with his friends.

833
00:42:14,201 --> 00:42:17,538
♪

834
00:42:17,538 --> 00:42:20,290
♪

835
00:42:20,290 --> 00:42:22,751
♪

836
00:42:22,751 --> 00:42:26,797
‐ Jordan and me and Brooke decided
to ultimately look for a house together.

837
00:42:27,506 --> 00:42:29,591
We were looking around
at different places,

838
00:42:29,591 --> 00:42:32,636
and we found the house
at Sarazen Drive.

839
00:42:34,888 --> 00:42:38,517
It was a nice three‐bedroom house
just west of, uh, West Palm Beach.

840
00:42:38,517 --> 00:42:40,310
That would be the house
we would move into.

841
00:42:41,353 --> 00:42:42,688
It was exciting.

842
00:42:43,438 --> 00:42:44,481
It was positive, you know.

843
00:42:44,481 --> 00:42:47,109
It was three young adults
moving down.

844
00:42:48,110 --> 00:42:50,779
BURGER: We first met Brooke,
Randy, and Jordan,

845
00:42:50,779 --> 00:42:53,031
they were always joking around
with each other.

846
00:42:53,740 --> 00:42:55,784
Me and Randy... [snaps fingers]
we clicked instantly.

847
00:42:55,784 --> 00:42:59,204
It clicked even better when we found out
that we both just moved to Florida

848
00:42:59,204 --> 00:43:02,082
from small little country states.

849
00:43:03,375 --> 00:43:05,961
He's a country boy.
Like, he's country.

850
00:43:05,961 --> 00:43:09,298
I mean, the dude kept
a buck knife next to his bed.

851
00:43:09,298 --> 00:43:11,884
I don't know how much more country
you can get than that.

852
00:43:11,884 --> 00:43:14,386
Like, it was there
every single day.

853
00:43:15,220 --> 00:43:16,722
But we were making good money.

854
00:43:16,722 --> 00:43:18,640
We were making good money
at the business we were doing,

855
00:43:18,640 --> 00:43:20,767
selling internet and cable at Walmart.

856
00:43:20,767 --> 00:43:22,060
That's what we did.

857
00:43:22,060 --> 00:43:24,438
‐ [chuckles] So the day is finally over,

858
00:43:24,438 --> 00:43:26,023
and I get my beer.

859
00:43:26,023 --> 00:43:27,983
RANDY: I'm working,
we're having a good time.

860
00:43:27,983 --> 00:43:29,693
It's obviously a fun environment.

861
00:43:29,693 --> 00:43:31,695
It's a party lifestyle.

862
00:43:33,739 --> 00:43:36,491
Drinking a lot of times,
having friends over a lot.

863
00:43:38,744 --> 00:43:40,495
BURGER:
And Randy was the life of the party.

864
00:43:41,163 --> 00:43:43,832
Because when he walks
into a room, it's crazy.

865
00:43:43,832 --> 00:43:47,377
He just brings this smile and this energy
and this everything.

866
00:43:49,630 --> 00:43:51,757
‐ This thing is so slow.

867
00:43:53,175 --> 00:43:55,052
RANDY: I mean,
I was surrounded by close friends.

868
00:43:55,969 --> 00:43:57,638
We get along great.

869
00:43:57,638 --> 00:43:58,639
It was just a good time.

870
00:43:58,639 --> 00:44:01,308
♪

871
00:44:01,308 --> 00:44:04,645
♪

872
00:44:04,645 --> 00:44:06,396
♪

873
00:44:06,396 --> 00:44:10,025
[wind whooshing]

874
00:44:11,485 --> 00:44:13,904
DR. BRUCE:
Consistent with their generation,

875
00:44:13,904 --> 00:44:18,116
Randy and Brooke both seemed
to be actively engaged

876
00:44:18,116 --> 00:44:19,451
in social media.

877
00:44:20,536 --> 00:44:24,039
And the reward system
that one gets in social media.

878
00:44:24,581 --> 00:44:27,376
Posting. Getting recognition.

879
00:44:30,212 --> 00:44:33,882
And Randy is posting
at 2:00, 3:00 in the morning

880
00:44:34,591 --> 00:44:37,678
obviously having, um, not slept.

881
00:44:38,929 --> 00:44:42,432
We know that sleep is really important
for a lot of things,

882
00:44:42,432 --> 00:44:44,852
including consolidation of memory,

883
00:44:45,561 --> 00:44:46,770
cognition,

884
00:44:46,770 --> 00:44:48,146
learning,

885
00:44:48,856 --> 00:44:50,274
and mood regulation,

886
00:44:50,274 --> 00:44:52,860
affect regulation,
emotional regulation.

887
00:44:52,860 --> 00:44:56,780
♪

888
00:45:00,242 --> 00:45:03,287
CONA: I was reading
about Randy's case online,

889
00:45:03,287 --> 00:45:06,665
and there was a whole bunch of comments
about my brother being a monster

890
00:45:06,665 --> 00:45:10,711
and he deserves way worse
than life in prison.

891
00:45:11,295 --> 00:45:14,214
♪

892
00:45:14,214 --> 00:45:17,259
♪

893
00:45:17,259 --> 00:45:18,802
It's upsetting

894
00:45:18,802 --> 00:45:21,680
because I know
he's not a monster.

895
00:45:21,680 --> 00:45:24,349
But it's a small town.

896
00:45:24,349 --> 00:45:26,518
Everybody judges everybody.

897
00:45:26,518 --> 00:45:29,396
♪

898
00:45:29,396 --> 00:45:31,773
I know my mom was worried
about seeing people

899
00:45:31,773 --> 00:45:33,609
from around here.

900
00:45:34,776 --> 00:45:36,778
It took a toll on her.

901
00:45:37,696 --> 00:45:42,034
NEWSREADER: A stabbing in Florida
involved two people from Wyalusing,

902
00:45:42,034 --> 00:45:45,454
one is now dead,
and the other is behind bars.

903
00:45:45,454 --> 00:45:46,914
‐ I mean,
just knowing the family,

904
00:45:46,914 --> 00:45:48,707
it's heartbreaking.

905
00:45:48,707 --> 00:45:52,503
‐ It was two years
before the trial even started.

906
00:45:52,503 --> 00:45:54,213
Two very long years.

907
00:45:56,173 --> 00:45:59,510
Around Wyalusing
where the Prestons were from,

908
00:45:59,510 --> 00:46:00,761
they know who I am.

909
00:46:03,639 --> 00:46:06,808
I'm afraid I'm gonna run
into the father, Mr. Preston,

910
00:46:06,808 --> 00:46:08,769
who is a very nice man.

911
00:46:09,311 --> 00:46:10,938
And I don't want to. I‐‐

912
00:46:10,938 --> 00:46:12,648
You know, what do you say?

913
00:46:13,315 --> 00:46:15,901
There's nothing to say.
I don't know what to say.

914
00:46:16,527 --> 00:46:18,487
But there's two sides
to every story.

915
00:46:20,864 --> 00:46:23,200
‐ Everybody knew that it was BS
from the beginning.

916
00:46:24,826 --> 00:46:26,703
You take someone's life like that,

917
00:46:26,703 --> 00:46:28,956
I think you should lose yours too.

918
00:46:33,627 --> 00:46:36,296
SCOTT: Randy claims he didn't remember
what happened at the moment.

919
00:46:37,506 --> 00:46:39,007
For a case like this,

920
00:46:39,007 --> 00:46:41,426
when the defendant says
"I don't remember,"

921
00:46:41,426 --> 00:46:43,929
my mind immediately goes to,
okay, what are the facts.

922
00:46:44,513 --> 00:46:47,140
What does Randy remember?
What led up to this?

923
00:46:47,808 --> 00:46:51,436
♪

924
00:46:52,521 --> 00:46:54,606
Randy Herman, Brooke Preston,

925
00:46:54,606 --> 00:46:58,318
and her older sister, Jordan Preston,
were living together

926
00:46:58,318 --> 00:47:01,738
in a single‐family residence
on Sarazen Drive.

927
00:47:03,532 --> 00:47:06,910
But Jordan had left
for a couple of days

928
00:47:06,910 --> 00:47:08,829
to spend some time
with her boyfriend in Colorado.

929
00:47:10,122 --> 00:47:12,666
McROBERTS:
Meanwhile, Brooke had made the decision

930
00:47:12,666 --> 00:47:16,170
to move to live with her
longtime boyfriend up in New York.

931
00:47:16,170 --> 00:47:19,756
So she had come to that house
to pack up her things

932
00:47:19,756 --> 00:47:20,924
and drive north

933
00:47:22,092 --> 00:47:23,594
and say goodbye to Randy.

934
00:47:28,932 --> 00:47:31,685
RANDY:
Thursday morning, I woke up at 3:00

935
00:47:31,685 --> 00:47:35,314
and picked her up
at the Fort Lauderdale Airport.

936
00:47:36,231 --> 00:47:39,318
We drove back to the house.
I ended up dropping her off.

937
00:47:39,318 --> 00:47:43,322
It was still fairly early,
so at that time I went to the beach.

938
00:47:45,532 --> 00:47:47,367
And I was able to catch the sunrise.

939
00:47:51,246 --> 00:47:53,957
Later that morning, we decided
to go out to the beach.

940
00:47:55,918 --> 00:47:58,378
‐ Brooke had spent the whole day
at the beach with Randy.

941
00:47:59,213 --> 00:48:01,340
They'd been drinking
quite a bit at the time.

942
00:48:02,382 --> 00:48:04,343
Later, that afternoon,

943
00:48:04,343 --> 00:48:06,345
they went back to the house

944
00:48:06,345 --> 00:48:07,804
where they continued drinking.

945
00:48:12,601 --> 00:48:15,437
‐ From then on,
I was just heavily intoxicated.

946
00:48:16,188 --> 00:48:20,484
Me and Brooke drinking on the back porch
was, you know, my last clear memory.

947
00:48:22,277 --> 00:48:23,529
‐ Randy continued to drink.

948
00:48:24,363 --> 00:48:26,031
That's when Brooke texted Kyle,

949
00:48:26,031 --> 00:48:28,116
you know, Randy's acting strange.

950
00:48:28,116 --> 00:48:31,161
McROBERTS:
So we know that Kyle came to the house.

951
00:48:31,161 --> 00:48:34,540
And then, uh, the naked‐in‐the‐closet
event had happened.

952
00:48:35,832 --> 00:48:37,584
She was very shaken.

953
00:48:38,377 --> 00:48:40,045
Brooke said to Kyle,

954
00:48:40,045 --> 00:48:42,256
"Get me out of here,
I can't stay here tonight.

955
00:48:42,256 --> 00:48:44,258
I need to stay over at your house."

956
00:48:44,258 --> 00:48:45,467
And she did.

957
00:48:52,099 --> 00:48:54,017
RANDY:
Waking up the next morning,

958
00:48:54,017 --> 00:48:55,811
I was half hungover.

959
00:48:55,811 --> 00:48:57,938
I was really dehydrated, thirsty.

960
00:48:57,938 --> 00:48:59,022
I went to get some water.

961
00:49:00,232 --> 00:49:01,817
That's when I ran into Brooke.

962
00:49:03,193 --> 00:49:05,362
She had come back
and was kind of gathering

963
00:49:05,362 --> 00:49:06,655
the last of her belongings.

964
00:49:07,614 --> 00:49:09,157
I decided to go back to bed.

965
00:49:10,492 --> 00:49:12,911
‐ Meanwhile, Kyle and Brooke
go to breakfast.

966
00:49:13,787 --> 00:49:16,290
A few minutes later,
Randy texted her

967
00:49:16,290 --> 00:49:17,499
to see where she is.

968
00:49:18,250 --> 00:49:20,294
And she says, hey,
we're gonna go to breakfast

969
00:49:20,294 --> 00:49:21,420
if you wanna go.

970
00:49:22,546 --> 00:49:25,048
He said no,
he was in bed asleep.

971
00:49:26,758 --> 00:49:28,886
But he had something for her.

972
00:49:31,805 --> 00:49:35,601
I remembered I had a T‐shirt
I wanted to give to Brooke

973
00:49:35,601 --> 00:49:38,270
to take to her boyfriend
Bryan Brown.

974
00:49:38,270 --> 00:49:40,439
I wanted to give that to Brooke
before she left.

975
00:49:44,359 --> 00:49:47,112
‐ She said she would stop by
as soon as they had breakfast.

976
00:49:47,112 --> 00:49:50,574
♪

977
00:49:50,574 --> 00:49:53,702
♪

978
00:49:53,702 --> 00:49:55,829
♪

979
00:49:55,829 --> 00:49:58,957
RANDY: The next thing I remember
is her calling my name.

980
00:50:00,083 --> 00:50:02,336
I had sat up in bed.
She came in my room.

981
00:50:03,587 --> 00:50:05,380
I told her where the T‐shirt was.

982
00:50:06,632 --> 00:50:08,175
She picked up the T‐shirt.

983
00:50:09,009 --> 00:50:11,178
She was smiling,
saying thank you.

984
00:50:12,429 --> 00:50:15,140
She came over, gave me a hug,
and said goodbye.

985
00:50:17,226 --> 00:50:18,435
She shut the door.

986
00:50:20,312 --> 00:50:21,730
And I laid back down.

987
00:50:29,571 --> 00:50:31,823
‐ We know that 8:49 in the morning,

988
00:50:32,658 --> 00:50:36,203
a gentleman in the neighborhood
by the name of Mr. Childers

989
00:50:36,203 --> 00:50:39,581
walks by the house
and claims to have heard screams.

990
00:50:40,958 --> 00:50:45,045
So the attack likely occurred
somewhere within those 10 minutes.

991
00:50:48,715 --> 00:50:53,804
‐ I was able to place Brooke
in certain places and positions

992
00:50:53,804 --> 00:50:57,391
when she received
some of her stab wounds.

993
00:51:02,312 --> 00:51:05,607
It began at the end of the hall
where the bedrooms were located.

994
00:51:07,401 --> 00:51:09,236
It then proceeded

995
00:51:09,236 --> 00:51:10,821
down the hallway

996
00:51:10,821 --> 00:51:13,949
and into the living room
by the fireplace.

997
00:51:15,367 --> 00:51:18,579
There was some activity
at the fireplace.

998
00:51:23,625 --> 00:51:27,421
And then I believe ultimately
she was dragged back into the hallway.

999
00:51:30,549 --> 00:51:33,677
I can tell you
that she was still alive

1000
00:51:33,677 --> 00:51:37,181
when she was
in her final resting position.

1001
00:51:39,600 --> 00:51:42,936
Because as she laid in the position
that we found her in,

1002
00:51:43,770 --> 00:51:46,648
she was expirating blood
from her nose and her mouth

1003
00:51:47,858 --> 00:51:49,443
until she finally just succumbed.

1004
00:51:55,199 --> 00:51:58,577
RANDY: And then I come
to standing over top of her

1005
00:51:58,577 --> 00:52:00,454
covered in blood,

1006
00:52:00,454 --> 00:52:02,372
and I'm holding a knife in my hand.

1007
00:52:04,708 --> 00:52:07,669
‐ We know that we see Randy
get into his car.

1008
00:52:08,879 --> 00:52:10,714
That's when he leaves
and calls 911.

1009
00:52:11,256 --> 00:52:12,382
[beep]

1010
00:52:13,425 --> 00:52:14,760
OPERATOR: [over phone]
911, emergency.

1011
00:52:14,760 --> 00:52:16,386
RANDY: [over phone]
You need to send police.

1012
00:52:17,721 --> 00:52:19,097
Someone's been murdered.

1013
00:52:20,516 --> 00:52:23,560
I'm at Haverhill Park.
Just send the police. It was me.

1014
00:52:23,560 --> 00:52:24,520
I'm sorry.

1015
00:52:24,520 --> 00:52:25,854
[line disconnects]

1016
00:52:30,400 --> 00:52:32,486
McROBERTS:
She was stabbed 25 times.

1017
00:52:33,487 --> 00:52:35,197
She had defensive wounds.

1018
00:52:36,573 --> 00:52:41,119
It was clear from the scene
that she had struggled desperately.

1019
00:52:41,828 --> 00:52:44,456
We know that it's not easy
to stab a human body.

1020
00:52:44,456 --> 00:52:48,168
And then to do it repeatedly
when somebody's fighting back,

1021
00:52:48,168 --> 00:52:50,504
they're resisting,
and they're screaming

1022
00:52:50,504 --> 00:52:52,881
and they're scratching
and trying to get away.

1023
00:52:53,632 --> 00:52:56,385
And from what we know about Brooke,
she was feisty.

1024
00:52:57,636 --> 00:53:00,305
When you look at the degree
to which she fought back,

1025
00:53:00,973 --> 00:53:02,975
it‐it wasn't over in an instant.

1026
00:53:06,061 --> 00:53:08,689
His hands were injured pretty badly.

1027
00:53:09,690 --> 00:53:13,986
Those are all stimuli that would awaken
a person who's sleepwalking.

1028
00:53:14,570 --> 00:53:17,739
That all goes to show that clear intent

1029
00:53:17,739 --> 00:53:19,491
of wanting to kill somebody.

1030
00:53:24,621 --> 00:53:26,456
DR. PRESSMAN:
Sleepwalkers are well known to have

1031
00:53:26,456 --> 00:53:30,627
a very high threshold for pain

1032
00:53:30,627 --> 00:53:33,130
and for arousal.

1033
00:53:33,130 --> 00:53:35,924
It's very difficult
to wake up a sleepwalker.

1034
00:53:39,344 --> 00:53:42,514
WALSH: The research we did
about the sleepwalking showed

1035
00:53:42,514 --> 00:53:44,266
there are people that will sleepwalk

1036
00:53:44,266 --> 00:53:46,518
and walk out of, like,
a second story window,

1037
00:53:46,518 --> 00:53:50,314
and they're not gonna wake up
immediately after they hit the ground

1038
00:53:50,314 --> 00:53:52,691
even though they're going
to be injured, right?

1039
00:53:52,691 --> 00:53:55,652
So the cut to Randy's hand

1040
00:53:55,652 --> 00:53:58,322
wouldn't have been something
that would have necessarily startled him

1041
00:53:58,322 --> 00:54:00,991
out of his sleepwalking episode,

1042
00:54:00,991 --> 00:54:03,785
nor would have the physical nature
of the attack.

1043
00:54:11,126 --> 00:54:13,587
HANNAH WINSTON: As a journalist
with the Palm Beach Post newspaper,

1044
00:54:13,587 --> 00:54:16,715
I primarily focus
on criminal justice

1045
00:54:16,715 --> 00:54:18,133
and courts coverage.

1046
00:54:19,343 --> 00:54:22,137
When I first heard
about the Randy Herman trial,

1047
00:54:22,137 --> 00:54:24,139
I was speaking directly
to another journalist,

1048
00:54:24,139 --> 00:54:26,183
and it was very much
one of those, like,

1049
00:54:26,183 --> 00:54:28,227
"You'll never believe what I'm,
you know, covering today,

1050
00:54:28,227 --> 00:54:29,102
what's happening."

1051
00:54:30,479 --> 00:54:34,191
Covering courts for so long
and for just being in the news industry,

1052
00:54:34,191 --> 00:54:35,567
you think you've heard everything.

1053
00:54:36,652 --> 00:54:40,072
But the sleepwalking defense is one
of those things that doesn't happen a lot.

1054
00:54:40,739 --> 00:54:42,574
So my immediate thought was like,

1055
00:54:42,574 --> 00:54:45,744
okay, well, let me go find the documents,
see if, you know, this is legit.

1056
00:54:47,829 --> 00:54:49,831
How many other times
has this happened before?

1057
00:54:53,001 --> 00:54:56,004
There were a couple more
famous sleepwalking cases.

1058
00:54:57,047 --> 00:55:00,509
There was one with a 4‐year‐old boy
who the father killed.

1059
00:55:01,343 --> 00:55:04,304
And another one where a man
ended up killing his wife.

1060
00:55:05,639 --> 00:55:07,182
And both of them,
they were found not guilty.

1061
00:55:08,767 --> 00:55:10,352
WALSH: I do know
that sleepwalking has been used

1062
00:55:10,352 --> 00:55:11,937
in other states as a defense.

1063
00:55:13,272 --> 00:55:15,440
But this was the first case in Florida.

1064
00:55:18,402 --> 00:55:22,531
It's a big hurdle to jump when you have
a burden to prove that something happened.

1065
00:55:22,531 --> 00:55:24,241
You're basically telling the jury,

1066
00:55:24,241 --> 00:55:27,411
yeah, this happened, but it's because,
you know, Randy sleepwalks.

1067
00:55:29,246 --> 00:55:31,540
And when you go back
to kind of the empathy

1068
00:55:31,540 --> 00:55:35,878
that people may feel for Brooke
and her family and the situation,

1069
00:55:35,878 --> 00:55:38,839
that also is another big hurdle
to, to jump.

1070
00:55:41,425 --> 00:55:43,177
RANDY: [over phone]
Did you talk to the lawyer?

1071
00:55:43,177 --> 00:55:46,555
Did he tell you how much time
I could be looking at?

1072
00:55:47,181 --> 00:55:48,724
ADAMS: [over phone]
Well, he's not sure.

1073
00:55:49,474 --> 00:55:51,810
RANDY: Hopefully, you know,
within the next couple weeks,

1074
00:55:51,810 --> 00:55:53,020
I'll hear something.

1075
00:55:53,020 --> 00:55:54,229
I don't know.

1076
00:55:55,397 --> 00:55:58,150
‐ In cases like this
where the evidence is overwhelming,

1077
00:55:58,150 --> 00:56:02,571
we fully expected that there would be,
you know, an attempt to negotiate

1078
00:56:02,571 --> 00:56:04,573
a resolution
that everybody could live with.

1079
00:56:06,950 --> 00:56:09,703
WALSH: Most cases obviously
end up in a plea bargain.

1080
00:56:09,703 --> 00:56:12,164
Usually, the plea offers
are also pretty high.

1081
00:56:12,831 --> 00:56:15,042
They mentioned
a plea of 50 years.

1082
00:56:15,042 --> 00:56:18,003
But it was just really
too high for us.

1083
00:56:18,003 --> 00:56:20,964
If you're 20 years old
or if you're 60 years old,

1084
00:56:20,964 --> 00:56:22,674
you'll spend the rest
of your life in prison.

1085
00:56:23,383 --> 00:56:25,344
McROBERTS:
The defense was unwilling to negotiate it

1086
00:56:25,344 --> 00:56:27,554
to anything that would be acceptable

1087
00:56:27,554 --> 00:56:29,348
in light of what had happened.

1088
00:56:29,932 --> 00:56:31,642
And so we were
sort of at an impasse.

1089
00:56:32,559 --> 00:56:35,020
RANDY: [over phone]
Fifty. Fifty years. Five‐zero.

1090
00:56:35,020 --> 00:56:36,730
ADAMS: [over phone]
Is that what he told you?

1091
00:56:36,730 --> 00:56:38,148
RANDY: Yeah, I mean,
there's no way, you know.

1092
00:56:38,148 --> 00:56:41,276
What do they have
as evidence of premeditation?

1093
00:56:41,276 --> 00:56:42,945
You know, it's outrageous.

1094
00:56:42,945 --> 00:56:44,029
ADAMS:
I know.

1095
00:56:44,029 --> 00:56:46,740
RANDY: In my eyes,
I figure if I take it to trial,

1096
00:56:46,740 --> 00:56:50,953
there's no way I'm going to get convicted
of first‐degree premeditated murder.

1097
00:56:50,953 --> 00:56:52,955
If I got second‐degree murder,

1098
00:56:52,955 --> 00:56:55,958
I'd probably be taking
somewhere around 50 anyway,

1099
00:56:55,958 --> 00:56:58,836
so why not take my chances at trial.

1100
00:56:58,836 --> 00:57:00,671
ADAMS:
I love you, honey.

1101
00:57:01,713 --> 00:57:03,173
MAJCHROWICZ:
You know, when I sat down with Randy,

1102
00:57:03,173 --> 00:57:05,342
at some point in the interview,

1103
00:57:06,051 --> 00:57:07,719
you know, I said,
"Tell me a little bit about yourself."

1104
00:57:07,719 --> 00:57:11,098
You know, he indicated he had never read
the Harry Potter books before,

1105
00:57:11,098 --> 00:57:14,977
and so he was making this way
through the series.

1106
00:57:15,519 --> 00:57:19,273
And he described parallels
in the Harry Potter books.

1107
00:57:19,815 --> 00:57:23,694
You know, anyone who is sentenced
to Azkaban,

1108
00:57:23,694 --> 00:57:26,071
they're basically forced to relive

1109
00:57:26,071 --> 00:57:29,241
their life's worst moments.

1110
00:57:30,200 --> 00:57:33,370
You have Randy standing
over Brooke's body,

1111
00:57:35,330 --> 00:57:37,374
both of them covered in blood,

1112
00:57:37,374 --> 00:57:40,335
and he described his time in prison

1113
00:57:40,335 --> 00:57:42,629
to be his own Azkaban.

1114
00:57:43,755 --> 00:57:46,091
ADAMS: I wanted to get him
the best lawyer I could.

1115
00:57:46,091 --> 00:57:49,303
You're talking about thousands of dollars,
and there's no way we‐‐

1116
00:57:49,303 --> 00:57:50,596
we don't have it.

1117
00:57:50,596 --> 00:57:53,974
We knew we had no choice
but to go with a public defender.

1118
00:57:54,600 --> 00:57:57,728
I trusted Joe Walsh
and his investigator.

1119
00:57:58,896 --> 00:58:02,232
‐ Before the trial,
I was nervous, but I was hopeful

1120
00:58:02,232 --> 00:58:06,403
because I felt that, uh,
they would see Randy

1121
00:58:06,403 --> 00:58:07,613
for who he is.

1122
00:58:15,579 --> 00:58:18,582
‐ Randy Herman's trial was actually
my first trial

1123
00:58:18,582 --> 00:58:20,375
that I ever sat on.

1124
00:58:20,375 --> 00:58:22,669
And I was sitting in the selection of it.

1125
00:58:22,669 --> 00:58:24,546
They were asking questions,

1126
00:58:24,546 --> 00:58:27,382
and people were raising their hands
saying, "Hey, I can't be in this."

1127
00:58:28,634 --> 00:58:31,929
But I ended up making it
through the whole process.

1128
00:58:31,929 --> 00:58:33,931
JUROR 2:
When you're on a jury,

1129
00:58:33,931 --> 00:58:37,142
you see stuff that you
normally would see on crime shows.

1130
00:58:39,770 --> 00:58:42,314
And then to see it in real life,
it is different.

1131
00:58:42,314 --> 00:58:43,357
It's not the same.

1132
00:58:43,815 --> 00:58:47,152
TV is gonna have actors.
This is real life.

1133
00:58:47,152 --> 00:58:48,695
MAN: If however,
there is no reasonable doubt...

1134
00:58:48,695 --> 00:58:51,448
‐ And the person sitting there,
you're deciding their fate.

1135
00:58:51,448 --> 00:58:54,034
‐ You're faced
with a grave responsibility.

1136
00:58:54,034 --> 00:58:55,369
Thank you, gentlemen.

1137
00:58:55,369 --> 00:58:57,621
JUROR 2:
And that's a big responsibility.

1138
00:58:58,664 --> 00:59:00,332
You have their family there

1139
00:59:00,332 --> 00:59:02,835
and if you get it wrong,
now you might have somebody

1140
00:59:02,835 --> 00:59:07,422
who's... holding you responsible
for not letting them go free.

1141
00:59:08,423 --> 00:59:12,386
Something very unusual was the fact
that he did admit it.

1142
00:59:12,386 --> 00:59:15,305
He knew. The police knew.
He did murder her.

1143
00:59:15,305 --> 00:59:16,723
RANDY: [over phone]
Just send the police.

1144
00:59:16,723 --> 00:59:18,141
It was me.

1145
00:59:19,101 --> 00:59:21,478
JUROR 1: I think everyone's heard
of sleepwalking, right?

1146
00:59:21,478 --> 00:59:24,565
But as to murdering somebody?

1147
00:59:24,565 --> 00:59:26,275
I mean, you always hear
about sleepwalking,

1148
00:59:26,275 --> 00:59:28,944
somebody doing something silly,

1149
00:59:28,944 --> 00:59:32,114
and then they would just get
pushed back to their bedroom

1150
00:59:32,114 --> 00:59:33,699
and say, "Okay, go back to sleep."

1151
00:59:35,158 --> 00:59:38,036
Did he have
the intention of killing her

1152
00:59:38,036 --> 00:59:41,456
or did he kill her on accident?

1153
00:59:41,456 --> 00:59:44,042
That's what we were trying
to get at between the two.

1154
00:59:45,335 --> 00:59:48,547
JUROR 2: I remember thinking
I'm just going to keep my mind open

1155
00:59:48,547 --> 00:59:49,673
and listen to all the facts.

1156
00:59:49,673 --> 00:59:52,134
I wasn't making
a judgment either way.

1157
00:59:52,134 --> 00:59:54,887
It was for them
to give us the facts

1158
00:59:54,887 --> 00:59:58,348
and let us decide whether or not
we believed that it could be sleepwalking.

1159
01:00:02,060 --> 01:00:04,479
DR. BRUCE: There seemed
to be really three possibilities.

1160
01:00:04,980 --> 01:00:07,274
One, that Randy is lying.

1161
01:00:07,816 --> 01:00:12,529
He did this, he remembers everything,
and he's lying about it.

1162
01:00:12,529 --> 01:00:17,034
The second possibility is
the possibility posed by his defense,

1163
01:00:17,034 --> 01:00:21,455
which is that he experienced
a parasomnia,

1164
01:00:22,331 --> 01:00:26,251
and the result of that
was that he had no consciousness

1165
01:00:26,251 --> 01:00:28,212
of what he was doing

1166
01:00:28,212 --> 01:00:31,673
and has no conscious recollection
of having done it.

1167
01:00:31,673 --> 01:00:35,385
And then of course
there's the third possibility,

1168
01:00:35,385 --> 01:00:37,596
that he may have done this

1169
01:00:38,222 --> 01:00:40,182
in an act of rage

1170
01:00:40,724 --> 01:00:45,312
triggered by the traumatic experience
of rejection.

1171
01:00:47,523 --> 01:00:51,318
And so, he has either
dissociated from it

1172
01:00:51,318 --> 01:00:53,153
or can't allow himself to own

1173
01:00:53,153 --> 01:00:56,240
what he does actually remember
about it.

1174
01:00:56,240 --> 01:01:00,661
♪

1175
01:01:00,661 --> 01:01:04,373
♪

1176
01:01:07,251 --> 01:01:10,337
NEWSREADER: In court,
Randy Herman, now 26, is on trial

1177
01:01:10,337 --> 01:01:11,839
charged with
a first‐degree murder

1178
01:01:11,839 --> 01:01:13,924
in Preston's stabbing death.

1179
01:01:13,924 --> 01:01:14,925
[crowd chattering]

1180
01:01:14,925 --> 01:01:16,385
[gavel banging]

1181
01:01:17,094 --> 01:01:18,887
JUDGE:
Ladies and gentlemen of our jury,

1182
01:01:18,887 --> 01:01:21,223
I'm now going to turn
to the people of the state of Florida

1183
01:01:21,223 --> 01:01:23,058
to make opening statements.

1184
01:01:23,475 --> 01:01:25,435
Ms. McRoberts, you may proceed
when you're ready.

1185
01:01:26,562 --> 01:01:30,899
McROBERTS: The date as you know
was March 25th of 2017

1186
01:01:30,899 --> 01:01:33,777
where this defendant
in the early morning hours

1187
01:01:33,777 --> 01:01:36,029
ended the life of a young woman

1188
01:01:36,029 --> 01:01:38,824
who had done nothing
to deserve it.

1189
01:01:39,366 --> 01:01:41,451
McROBERTS: Our initial intent
is to show to the jury

1190
01:01:41,451 --> 01:01:44,288
that despite what
the psychological experts will say

1191
01:01:44,288 --> 01:01:47,082
and his history
of his potential sleepwalking,

1192
01:01:47,791 --> 01:01:51,712
Randy had developed
an unnatural liking to Brooke.

1193
01:01:51,712 --> 01:01:54,047
She did rebuff him.
She was over him.

1194
01:01:54,047 --> 01:01:56,216
And she was done
with his behavior.

1195
01:01:58,051 --> 01:02:00,345
It wasn't more complex than that.

1196
01:02:04,349 --> 01:02:08,020
‐ We knew the state's contention
really was to exploit

1197
01:02:08,020 --> 01:02:10,397
a sexual angle in the case.

1198
01:02:11,940 --> 01:02:13,942
We know the night
before this happened,

1199
01:02:13,942 --> 01:02:16,862
Randy apparently was
in the room naked

1200
01:02:16,862 --> 01:02:18,280
and, uh, in the closet,

1201
01:02:18,280 --> 01:02:21,116
and that was something
that Brooke was not comfortable with.

1202
01:02:22,618 --> 01:02:23,827
[message notification chimes]

1203
01:02:27,539 --> 01:02:30,792
So we just kind of decided
to focus on the dynamics

1204
01:02:30,792 --> 01:02:33,086
of the relationship
between Randy and Brooke.

1205
01:02:34,505 --> 01:02:38,467
COURTNEY WILSON: Okay, Ms. Preston,
are you Brooke's sister?

1206
01:02:38,467 --> 01:02:39,426
‐ Yes.

1207
01:02:40,010 --> 01:02:43,931
‐ When Brooke's sister Jordan
took the stand for the defense,

1208
01:02:43,931 --> 01:02:45,766
it was kind of a surprise,

1209
01:02:45,766 --> 01:02:48,477
'cause normally you don't have
the family of the deceased

1210
01:02:48,477 --> 01:02:50,646
speaking in the defense's case.

1211
01:02:51,563 --> 01:02:53,565
‐ When did you meet Randy?

1212
01:02:53,565 --> 01:02:55,359
JORDAN: I was probably
around 15 years old.

1213
01:02:55,359 --> 01:02:58,695
‐ And was that down here
or somewhere else?

1214
01:02:58,695 --> 01:02:59,863
JORDAN:
In Pennsylvania.

1215
01:03:00,489 --> 01:03:01,865
‐ How did you meet?

1216
01:03:01,865 --> 01:03:04,117
‐ Uh, through mutual friends.

1217
01:03:05,494 --> 01:03:08,622
‐ She was very quiet.

1218
01:03:09,331 --> 01:03:12,960
Like she was hurt and afraid.

1219
01:03:14,503 --> 01:03:15,838
I mean, how could you not be?

1220
01:03:18,006 --> 01:03:21,593
WILSON: At this point, you've
known Mr. Herman for a few years.

1221
01:03:23,512 --> 01:03:24,346
‐ Yeah.

1222
01:03:25,264 --> 01:03:27,432
‐ Had he ever exhibited

1223
01:03:27,432 --> 01:03:30,561
any sort of romantic
or sexual interest in you?

1224
01:03:30,561 --> 01:03:31,645
‐ No.

1225
01:03:32,396 --> 01:03:36,024
WILSON: Any romantic or sexual interest
in your sister Brooke?

1226
01:03:36,650 --> 01:03:37,901
‐ No.

1227
01:03:37,901 --> 01:03:39,403
‐ And living together in the house,

1228
01:03:39,403 --> 01:03:42,447
you all were pretty close
and comfortable with each other,

1229
01:03:42,447 --> 01:03:43,866
is that accurate to say?

1230
01:03:43,866 --> 01:03:45,158
JORDAN: Yeah.
‐ Okay.

1231
01:03:45,158 --> 01:03:48,495
I'm going to publish, if I may,
what was printed in the evidence as‐‐

1232
01:03:48,495 --> 01:03:51,164
JUDGE: You may.
‐ Defense exhibit three.

1233
01:03:51,164 --> 01:03:52,165
Um...

1234
01:03:53,375 --> 01:03:55,127
do you recognize this picture?

1235
01:03:55,127 --> 01:03:56,628
JORDAN:
I don't remember it.

1236
01:03:56,628 --> 01:03:58,255
WILSON:
Okay. Are you in this picture?

1237
01:03:58,255 --> 01:03:59,506
JORDAN: Yes.
WILSON: Okay.

1238
01:03:59,506 --> 01:04:01,466
And who's the other person
in the picture?

1239
01:04:02,634 --> 01:04:03,468
JORDAN:
Randy.

1240
01:04:05,095 --> 01:04:06,972
WILSON: When you lived
with the one bathroom, were there times

1241
01:04:06,972 --> 01:04:09,099
when sometimes
you all would have to share

1242
01:04:09,099 --> 01:04:10,267
the bathroom like this,

1243
01:04:10,267 --> 01:04:12,269
maybe someone in the shower,
someone brushing their teeth,

1244
01:04:12,269 --> 01:04:13,896
things like that?
‐ Yes.

1245
01:04:13,896 --> 01:04:14,980
WILSON:
Was that pretty commonplace?

1246
01:04:14,980 --> 01:04:16,732
JORDAN:
Yeah, with courtesy to the other.

1247
01:04:16,732 --> 01:04:19,151
Like, knock and ask
if you can come in.

1248
01:04:19,151 --> 01:04:22,863
‐ Absolutely. And were there any incidents
where that courtesy wasn't respected?

1249
01:04:23,655 --> 01:04:24,823
JORDAN:
No.

1250
01:04:24,823 --> 01:04:28,535
‐ The photograph really just showed
the dynamics of living in a home,

1251
01:04:28,535 --> 01:04:31,997
two young women,
one young man, one bathroom.

1252
01:04:32,581 --> 01:04:34,958
It just showed
how comfortable they were

1253
01:04:34,958 --> 01:04:37,085
in different levels of dress.

1254
01:04:37,586 --> 01:04:40,214
They weren't like, you know,
strangers to each other.

1255
01:04:40,214 --> 01:04:41,548
They were all familiar
with each other.

1256
01:04:44,051 --> 01:04:47,137
‐ And now I'm going to turn
to Mr. Walsh

1257
01:04:47,137 --> 01:04:50,182
to call his next witness
on behalf of Mr. Herman.

1258
01:04:50,182 --> 01:04:51,725
WALSH:
I call Randy Herman.

1259
01:04:51,725 --> 01:04:53,810
‐ Alright, Mr. Herman,
why don't you come forward, sir.

1260
01:04:54,394 --> 01:04:56,647
WINSTON:
During a homicide trial, it is very rare

1261
01:04:56,647 --> 01:04:58,774
for a defendant to take the stand.

1262
01:04:58,774 --> 01:05:02,778
So when his attorneys announced
that he would be testifying,

1263
01:05:02,778 --> 01:05:06,198
it's definitely one of those
turning moments that juries hope for.

1264
01:05:07,074 --> 01:05:10,077
WALSH: I wanted the jury
to see Randy stand up

1265
01:05:10,661 --> 01:05:13,163
as, you know, small as he is,
tiny as he is,

1266
01:05:13,163 --> 01:05:16,250
walk up to the jury box,
and testify.

1267
01:05:16,250 --> 01:05:18,836
‐ My name is Randy Herman Jr.

1268
01:05:18,836 --> 01:05:21,964
My last name is spelled
H‐E‐R‐M‐A‐N.

1269
01:05:21,964 --> 01:05:23,340
WALSH:
Thank you.

1270
01:05:23,340 --> 01:05:24,842
How do you feel
this afternoon, Randy?

1271
01:05:24,842 --> 01:05:25,717
‐ I'm okay.

1272
01:05:26,885 --> 01:05:28,554
WINSTON:
You see this man,

1273
01:05:28,554 --> 01:05:30,806
who looks like
he could still be in high school.

1274
01:05:31,640 --> 01:05:33,851
You look at him in this suit
that's too big for him

1275
01:05:33,851 --> 01:05:36,520
and you're like, okay,
this is completely jarring.

1276
01:05:36,520 --> 01:05:39,231
'Cause you have other cases
where, you know, someone looks like

1277
01:05:39,231 --> 01:05:41,608
a stereotypical, you know, bad guy.

1278
01:05:43,193 --> 01:05:46,154
SCOTT: He was a little heavier set
at the time of the crime.

1279
01:05:47,573 --> 01:05:48,615
But he had lost weight.

1280
01:05:49,283 --> 01:05:51,076
He had a very boyish face.

1281
01:05:51,618 --> 01:05:54,371
Very small.
So with that type of defendant,

1282
01:05:54,371 --> 01:05:57,124
his attorney would want him
to get up there and speak to the jury

1283
01:05:57,124 --> 01:06:00,127
and‐and‐and sort of pull at the,
at the sympathy.

1284
01:06:01,753 --> 01:06:03,714
WALSH:
You called 911.

1285
01:06:04,214 --> 01:06:07,009
Did you tell them everything
you needed to tell them?

1286
01:06:09,219 --> 01:06:10,470
‐ Yes. Yeah.

1287
01:06:11,638 --> 01:06:14,433
‐ How do you feel about the fact

1288
01:06:14,433 --> 01:06:17,603
that Brooke Preston died that morning?

1289
01:06:19,229 --> 01:06:20,606
RANDY:
Terrible.

1290
01:06:22,649 --> 01:06:23,442
I don't know.

1291
01:06:24,067 --> 01:06:25,861
I don't know how to describe it.

1292
01:06:29,573 --> 01:06:30,616
That's all the questions I have.

1293
01:06:31,366 --> 01:06:33,452
JUDGE: Alright, Mr. Scott.
Cross‐examination.

1294
01:06:33,452 --> 01:06:34,536
SCOTT:
Thank you, Judge.

1295
01:06:35,370 --> 01:06:37,873
Me as a prosecutor,
I have to be very careful

1296
01:06:37,873 --> 01:06:39,833
as to not be too authoritarian.

1297
01:06:39,833 --> 01:06:41,752
Because then it's going to appear
as if I'm, you know,

1298
01:06:41,752 --> 01:06:42,836
beating up on this little boy.

1299
01:06:43,754 --> 01:06:47,174
But Randy Herman had
some difficult questions to answer.

1300
01:06:47,174 --> 01:06:49,635
You came to South Florida
from the city of Pennsylvania

1301
01:06:49,635 --> 01:06:52,054
because your life was
spiraling out of control.

1302
01:06:52,054 --> 01:06:53,388
Isn't that correct?
‐ That's correct.

1303
01:06:54,389 --> 01:06:58,018
‐ When you came to West Palm Beach
from late 2016

1304
01:06:58,477 --> 01:07:02,105
through March, uh, 2017,
the time of the murder,

1305
01:07:02,105 --> 01:07:04,399
you were still struggling
with addiction, correct?

1306
01:07:04,399 --> 01:07:06,109
RANDY:
That's correct.

1307
01:07:06,109 --> 01:07:08,195
‐ Your life was still
spiraling out of control?

1308
01:07:08,195 --> 01:07:09,446
RANDY:
It was.

1309
01:07:10,322 --> 01:07:11,823
CONA:
When Randy was in Florida,

1310
01:07:12,991 --> 01:07:15,661
he would call
every couple weeks or so.

1311
01:07:16,453 --> 01:07:17,871
He said he was happy.

1312
01:07:17,871 --> 01:07:20,707
He had a good job.
He loved it down there.

1313
01:07:20,707 --> 01:07:22,709
He was doing better
for himself.

1314
01:07:23,710 --> 01:07:26,588
But then I found out later
that he was just trying

1315
01:07:26,588 --> 01:07:28,549
to make it sound good
for me and Mom

1316
01:07:28,549 --> 01:07:31,844
because he didn't want
to let us down.

1317
01:07:32,511 --> 01:07:35,472
MAJCHROWICZ:
So, without that stabilizing presence

1318
01:07:35,472 --> 01:07:36,723
of his mother and sister,

1319
01:07:37,724 --> 01:07:41,603
you know, Randy, effectively was,
you know, left to his own devices.

1320
01:07:42,479 --> 01:07:44,356
RANDY:
Four months into my job,

1321
01:07:44,356 --> 01:07:47,985
I realized I wasn't really making
the pay I needed.

1322
01:07:47,985 --> 01:07:50,279
I was using a lot
of my inheritance

1323
01:07:51,613 --> 01:07:54,199
to kind of supplement my lifestyle.

1324
01:07:54,908 --> 01:07:56,410
So the day is finally over.

1325
01:07:57,035 --> 01:07:57,995
And I get my beer.

1326
01:07:57,995 --> 01:08:01,206
RANDY: I decided to take
some time off from work.

1327
01:08:01,623 --> 01:08:03,041
‐ I got to go back tomorrow.

1328
01:08:03,041 --> 01:08:05,669
‐ And that's when really
my drinking started to pick up.

1329
01:08:07,337 --> 01:08:12,801
‐ In terms of Randy's personal
and professional trajectory,

1330
01:08:14,052 --> 01:08:18,098
this is sort of where the train fell off
the tracks, so to speak.

1331
01:08:18,932 --> 01:08:22,060
RANDY: And I tended to take it
to the next level.

1332
01:08:22,769 --> 01:08:24,646
I was going out to bars nightly,

1333
01:08:24,646 --> 01:08:27,316
spending ridiculous sums of money,

1334
01:08:27,316 --> 01:08:30,986
and slowly my inheritance
started slipping away.

1335
01:08:34,072 --> 01:08:37,451
I got to the point where I'm partying
all night and sleeping all day.

1336
01:08:38,577 --> 01:08:41,580
‐ He told me, well, you know,
I'm straightening out now, Mom,

1337
01:08:41,580 --> 01:08:42,623
I'm going to get a job.

1338
01:08:44,708 --> 01:08:47,044
You know, I'll quit drinking.

1339
01:08:47,044 --> 01:08:48,587
I'm gonna, you know, get a job.

1340
01:08:48,587 --> 01:08:50,130
Okay, that's great.

1341
01:08:50,756 --> 01:08:53,300
So I let it go.
I didn't push it.

1342
01:08:53,967 --> 01:08:56,303
RANDY: It got to the point
where I wanted to stop

1343
01:08:56,303 --> 01:08:57,763
and I wanted to quit,

1344
01:08:57,763 --> 01:09:00,224
but I was kind of in this,
just like this cycle

1345
01:09:00,224 --> 01:09:02,893
where I was starting to get depressed
because of my drinking

1346
01:09:02,893 --> 01:09:04,436
and drug use

1347
01:09:04,436 --> 01:09:07,022
but at the same time,
I was drinking and using drugs

1348
01:09:07,022 --> 01:09:09,107
to kind of curb that depression.

1349
01:09:10,859 --> 01:09:12,819
SCOTT: After you awake
and you were talking to her,

1350
01:09:12,819 --> 01:09:14,112
she walked out of your room,

1351
01:09:14,112 --> 01:09:15,906
that's when you stabbed her
and killed her, right?

1352
01:09:17,241 --> 01:09:19,451
‐ I guess. I... I don't recall.

1353
01:09:26,416 --> 01:09:28,544
WALSH:
In murder cases like Randy's,

1354
01:09:28,544 --> 01:09:30,420
experts are very important,

1355
01:09:30,420 --> 01:09:33,215
because of the fact that it was
an insanity claim.

1356
01:09:33,757 --> 01:09:35,968
‐ Alright, Dr. Ewing,
please come forward, sir.

1357
01:09:37,344 --> 01:09:38,679
Hi, how are you?

1358
01:09:38,679 --> 01:09:39,847
‐ Good afternoon, Judge.

1359
01:09:39,847 --> 01:09:41,765
WALSH:
So, we hired Dr. Ewing.

1360
01:09:43,308 --> 01:09:45,936
Dr. Ewing, are you familiar
with what's known

1361
01:09:45,936 --> 01:09:48,021
as the Bonkalo Criteria?

1362
01:09:48,021 --> 01:09:52,359
‐ Yes. Uh,
a psychiatrist named Bonkalo

1363
01:09:52,359 --> 01:09:55,654
had done studies and reviews

1364
01:09:55,654 --> 01:09:58,949
of these sleepwalking cases

1365
01:09:58,949 --> 01:10:03,495
that eventuated in serious,
usually homicidal violence.

1366
01:10:05,289 --> 01:10:09,459
Dr. Bonkalo looked
at the characteristics

1367
01:10:09,459 --> 01:10:10,961
of those cases

1368
01:10:11,628 --> 01:10:16,216
and he came up
with 13, uh, criteria.

1369
01:10:16,216 --> 01:10:18,594
‐ The focus on the Bonkalo
was the most important thing

1370
01:10:18,594 --> 01:10:23,724
because it's the one
scientifically studied, objective thing

1371
01:10:23,724 --> 01:10:26,435
that we could get across
to the jury

1372
01:10:26,435 --> 01:10:29,479
that would prove
that Randy was sleepwalking.

1373
01:10:30,689 --> 01:10:32,191
DR. EWING:
The first criteria

1374
01:10:32,983 --> 01:10:36,069
is that the attack occurred
following an arousal

1375
01:10:36,069 --> 01:10:37,779
soon after sleep onset.

1376
01:10:37,779 --> 01:10:39,156
RANDY:
I went back to sleep.

1377
01:10:39,948 --> 01:10:42,701
Next thing I remember is, you know,
I'm standing over top of her

1378
01:10:42,701 --> 01:10:44,161
covered in blood,

1379
01:10:44,161 --> 01:10:46,163
and I'm holding a knife in my hand.

1380
01:10:46,163 --> 01:10:47,748
[camera shutter clicking]

1381
01:10:49,416 --> 01:10:51,793
McROBERTS:
She was stabbed over and over again.

1382
01:10:51,793 --> 01:10:55,047
In the face, in the neck,
in the stomach, in the back.

1383
01:10:56,673 --> 01:10:58,091
BURGER:
They were like family.

1384
01:10:58,926 --> 01:10:59,718
‐ Hey, Jordan.

1385
01:11:00,385 --> 01:11:02,304
BURGER:
They were like brother and sister.

1386
01:11:03,096 --> 01:11:05,557
DR. PRESSMAN:
The victim was not recognized at the time.

1387
01:11:05,557 --> 01:11:08,393
We know that sleepwalkers
don't recognize faces.

1388
01:11:09,561 --> 01:11:12,814
RANDY: I don't remember getting dressed,
I don't remember grabbing my keys.

1389
01:11:12,814 --> 01:11:14,525
You know,
everything was really hazy.

1390
01:11:16,193 --> 01:11:18,028
WALSH:
He had profound amnesia for the event.

1391
01:11:18,904 --> 01:11:21,740
RANDY:
I just don't remember anything. I just‐‐

1392
01:11:23,700 --> 01:11:25,285
CONA:
When we were younger,

1393
01:11:25,285 --> 01:11:27,746
I remember him getting up
in the middle of the night.

1394
01:11:28,205 --> 01:11:30,290
ADAMS: He has that look,
like a dazed look.

1395
01:11:30,999 --> 01:11:32,501
CONA:
I think he was sleepwalking.

1396
01:11:34,002 --> 01:11:35,879
DR. EWING:
The defendant actually called the police.

1397
01:11:35,879 --> 01:11:38,715
RANDY: [over phone] Just send the police.
It was me. I'm sorry.

1398
01:11:38,715 --> 01:11:42,052
DR. EWING: And reported not only
that there had been a homicide

1399
01:11:42,052 --> 01:11:43,470
but that he did it.

1400
01:11:44,555 --> 01:11:46,348
No sexual motive.

1401
01:11:46,348 --> 01:11:48,767
No financial motive
that I could discern.

1402
01:11:49,268 --> 01:11:50,727
RANDY:
Is she okay?

1403
01:11:50,727 --> 01:11:51,937
Please tell me.

1404
01:11:52,771 --> 01:11:54,189
RANDY:
Things were going downhill.

1405
01:11:56,692 --> 01:11:59,152
I would drink, you know,
almost nightly

1406
01:11:59,152 --> 01:12:01,697
to the point of, you know,
blacking out.

1407
01:12:01,697 --> 01:12:03,073
[engine revving]

1408
01:12:04,032 --> 01:12:07,119
WALSH: The night before this happened,
he had not gotten any sleep,

1409
01:12:07,119 --> 01:12:09,288
stayed up to watch the sunrise.

1410
01:12:10,747 --> 01:12:12,666
BROOKE'S MOTHER:
He was a mellow, mellow kid.

1411
01:12:13,166 --> 01:12:16,670
Never in a million years would think
he would be violent, no.

1412
01:12:17,254 --> 01:12:19,506
WALSH: We knew that
he had been using alcohol.

1413
01:12:19,506 --> 01:12:22,509
But what we learned was
the alcohol actually was something

1414
01:12:22,509 --> 01:12:25,137
that would put you
in a deeper sleep faster

1415
01:12:25,137 --> 01:12:28,015
so that you would be
more apt to sleepwalk

1416
01:12:28,015 --> 01:12:29,641
and do something like this.

1417
01:12:29,641 --> 01:12:33,729
‐ No question that he was drinking heavily
in the two days leading up to it.

1418
01:12:40,277 --> 01:12:42,029
JUROR 1:
It sat with me for a while.

1419
01:12:42,487 --> 01:12:45,032
I mean, I absolutely believed it.

1420
01:12:45,782 --> 01:12:48,952
This Bonkalo Criteria nailed it down

1421
01:12:48,952 --> 01:12:52,915
right to the T
of basically what he did,

1422
01:12:52,915 --> 01:12:55,209
you know, and the defense
did a great job

1423
01:12:55,209 --> 01:12:56,960
of showing that.

1424
01:13:01,381 --> 01:13:04,218
McROBERTS: We on the prosecution side
had one important thing

1425
01:13:04,218 --> 01:13:05,344
we wanted to talk about.

1426
01:13:06,512 --> 01:13:08,514
And that was the timeline.

1427
01:13:11,308 --> 01:13:13,352
SCOTT:
I want to narrow down my timeframe

1428
01:13:13,352 --> 01:13:17,272
from when she walked in
to when he leaves and calls 911.

1429
01:13:18,899 --> 01:13:22,444
We know that Brooke Preston
arrived at the home

1430
01:13:22,444 --> 01:13:25,155
based on the surveillance video
from across the street

1431
01:13:25,155 --> 01:13:27,241
at approximately 8:35 a. m.

1432
01:13:30,035 --> 01:13:33,121
We know that we see Randy
get into his car

1433
01:13:33,121 --> 01:13:36,583
at approximately 8:57,
and he drives away.

1434
01:13:37,835 --> 01:13:40,712
So based on that timeframe,
we know that Brooke was in the house

1435
01:13:40,712 --> 01:13:42,256
for approximately 22 minutes.

1436
01:13:45,425 --> 01:13:47,845
We knew that
he remembered her coming in

1437
01:13:48,554 --> 01:13:50,681
at approximately 8:35 a. m.

1438
01:13:50,681 --> 01:13:51,890
[clock ticking]

1439
01:13:52,349 --> 01:13:54,393
He said the shirt is over
in the drawer.

1440
01:13:55,227 --> 01:13:56,562
She got the shirt,

1441
01:13:57,271 --> 01:13:59,690
and they had a brief
back‐and‐forth discussion

1442
01:14:00,357 --> 01:14:02,317
that most likely took
a couple of minutes.

1443
01:14:05,612 --> 01:14:06,905
McROBERTS:
They hugged.

1444
01:14:08,365 --> 01:14:09,867
And she turned to leave.

1445
01:14:11,618 --> 01:14:13,579
And he said that's the last thing
he remembers.

1446
01:14:14,746 --> 01:14:18,709
SCOTT: We know from a gentleman
in the neighborhood who heard screams

1447
01:14:18,709 --> 01:14:21,837
that the attack takes place
approximately 8:49.

1448
01:14:22,379 --> 01:14:24,715
So sort of using that 22 minutes,

1449
01:14:24,715 --> 01:14:27,342
we just filtered back
and filtered back and filtered back.

1450
01:14:27,342 --> 01:14:30,429
He only had about five minutes
to go back to sleep.

1451
01:14:30,929 --> 01:14:33,182
So it seemed impossible to me

1452
01:14:33,182 --> 01:14:35,726
that he fell asleep in five minutes

1453
01:14:36,435 --> 01:14:37,853
and started sleepwalking.

1454
01:14:40,397 --> 01:14:42,441
McROBERTS:
The State will call Dr. Wade Myers.

1455
01:14:43,483 --> 01:14:45,861
SCOTT:
In this case, we need an expert

1456
01:14:45,861 --> 01:14:47,613
to help us explain to the jury

1457
01:14:47,613 --> 01:14:51,074
why the facts did not support
any type of sleepwalking defense.

1458
01:14:51,074 --> 01:14:52,159
They supported first‐degree murder.

1459
01:14:53,076 --> 01:14:56,079
‐ So you lay in bed
and then you fall asleep,

1460
01:14:56,079 --> 01:14:59,082
and then you go
into typically stage one.

1461
01:14:59,082 --> 01:15:02,419
Your brainwaves show a certain wavelength
called alpha waves.

1462
01:15:02,419 --> 01:15:05,923
And then you go
into stage two sleep,

1463
01:15:05,923 --> 01:15:07,799
which is a little bit deeper.

1464
01:15:07,799 --> 01:15:10,928
‐ Dr. Myers basically educated the jury

1465
01:15:10,928 --> 01:15:13,597
on the different stages of sleep.

1466
01:15:14,181 --> 01:15:16,850
‐ It's about an hour or two
after you go to bed

1467
01:15:16,850 --> 01:15:19,144
is when you go into deep sleep.

1468
01:15:19,144 --> 01:15:22,814
McROBERTS: And with regard to
the defendant's limited window of time,

1469
01:15:22,814 --> 01:15:25,567
could that have happened,
scientifically speaking?

1470
01:15:25,567 --> 01:15:28,153
‐ He's, uh, wide awake

1471
01:15:28,862 --> 01:15:30,781
minutes before the crime.

1472
01:15:31,573 --> 01:15:34,660
And you can't go from wide awake
to sleepwalking in,

1473
01:15:34,660 --> 01:15:35,953
in a matter of minutes.

1474
01:15:38,247 --> 01:15:40,958
McROBERTS: We know
that Randy admitted being awake

1475
01:15:40,958 --> 01:15:42,709
when Brooke got there.

1476
01:15:42,709 --> 01:15:46,255
He admitted speaking to her,
showing her where the shirt was

1477
01:15:46,255 --> 01:15:47,714
and giving her the hug.

1478
01:15:48,173 --> 01:15:50,926
So, if there's no minutes left
to get to sleep,

1479
01:15:51,927 --> 01:15:53,303
then he wasn't sleepwalking.

1480
01:15:57,140 --> 01:15:59,560
‐ Obviously the state is going
to use his statement

1481
01:15:59,560 --> 01:16:02,938
that he was awake at the time
when she arrived at the house

1482
01:16:02,938 --> 01:16:05,649
and they could say,
"Well, it would have been unlikely

1483
01:16:05,649 --> 01:16:08,402
that he had fallen into
a deep enough sleep to sleepwalk."

1484
01:16:10,153 --> 01:16:13,740
‐ Sleepwalking generally occurs
in the deeper stages.

1485
01:16:13,740 --> 01:16:15,367
DR. EWING:
I don't know if I would agree with that.

1486
01:16:15,367 --> 01:16:18,662
I see where you're getting at,
but it can occur,

1487
01:16:18,662 --> 01:16:21,248
um, in early stages as well.

1488
01:16:21,248 --> 01:16:23,917
‐ In other words,
not in the first minute or two

1489
01:16:23,917 --> 01:16:25,752
or ten minutes, fifteen minutes?

1490
01:16:26,295 --> 01:16:27,629
DR. EWING:
It could be. That's what I'm saying.

1491
01:16:28,255 --> 01:16:31,466
WALSH: And when Randy said that
he had this interaction with Brooke,

1492
01:16:32,467 --> 01:16:35,262
we really didn't even know
whether that was something

1493
01:16:35,262 --> 01:16:36,638
that actually had happened

1494
01:16:38,098 --> 01:16:40,517
or whether he kind of
had dreamed that.

1495
01:16:40,934 --> 01:16:42,769
‐ It's not clear to me

1496
01:16:42,769 --> 01:16:47,482
whether he was asleep
at that point.

1497
01:16:47,482 --> 01:16:49,610
It's possible that
he could have been awake,

1498
01:16:49,610 --> 01:16:51,904
and then he went back
to sleep immediately.

1499
01:16:51,904 --> 01:16:54,406
Uh, that's the way he recalls it.

1500
01:16:54,406 --> 01:16:57,159
It's possible though
that he never awoke.

1501
01:16:57,618 --> 01:17:00,954
‐ In my experience,
it's fairly common for defendants

1502
01:17:00,954 --> 01:17:04,208
to try and fill in the blanks
about what happened.

1503
01:17:04,791 --> 01:17:09,296
And they often fill in things
from just before or just after

1504
01:17:09,296 --> 01:17:12,591
or add things
that seem reasonable to them.

1505
01:17:13,300 --> 01:17:17,221
So, if Randy Herman is remembering
that she arrived

1506
01:17:17,721 --> 01:17:20,557
and that he told her
where the shirt was,

1507
01:17:21,517 --> 01:17:25,312
then the question is,
is this what he actually remembers

1508
01:17:25,312 --> 01:17:28,857
or is this what he thinks
makes sense to him?

1509
01:17:30,484 --> 01:17:32,361
WALSH:
Dreaming that interaction with Brooke

1510
01:17:32,903 --> 01:17:36,615
would mean that he was still sleeping
when the incident happened.

1511
01:17:37,783 --> 01:17:40,536
And if you believe
that Randy was sleepwalking,

1512
01:17:40,536 --> 01:17:44,122
then certainly you wouldn't believe
that he intended to do anything,

1513
01:17:44,122 --> 01:17:48,919
then how could you put somebody
in prison for the rest of their life.

1514
01:17:53,882 --> 01:17:57,511
‐ Folks, each side has made,
um, an argument

1515
01:17:57,511 --> 01:18:00,055
on what they believe
the facts showed in this case

1516
01:18:00,055 --> 01:18:03,767
and as officers of the court, I'm sure
that everyone has done that in good faith.

1517
01:18:03,767 --> 01:18:07,187
However, it's up to our jury to decide
what the facts of this case are.

1518
01:18:07,938 --> 01:18:11,984
‐ Sleepwalking is a very tough pill
for a lot of people, I think, to swallow,

1519
01:18:11,984 --> 01:18:15,362
and it's very tough, I think,
to have 12 people agree to that.

1520
01:18:20,242 --> 01:18:22,828
‐ Folks, in just a few moments,
you'll be taken

1521
01:18:22,828 --> 01:18:24,454
to the jury room
by the courtroom deputy

1522
01:18:24,454 --> 01:18:26,206
for your deliberations.

1523
01:18:26,206 --> 01:18:28,584
Even if you do not like the laws
that must be applied,

1524
01:18:28,584 --> 01:18:30,127
you must use them.

1525
01:18:30,127 --> 01:18:32,588
And on behalf of both
the state of Florida

1526
01:18:32,588 --> 01:18:34,548
and on behalf of Mr. Herman,
I want to thank you

1527
01:18:34,548 --> 01:18:35,674
for those efforts.

1528
01:18:36,133 --> 01:18:38,760
‐ By the time
that the trial ended,

1529
01:18:38,760 --> 01:18:41,555
we got back
into the deliberation room,

1530
01:18:41,555 --> 01:18:43,182
we sat down,

1531
01:18:43,182 --> 01:18:46,059
it was almost just a,
not a sigh of relief

1532
01:18:46,059 --> 01:18:49,646
but a sigh of, wow,
let's get this information out

1533
01:18:49,646 --> 01:18:51,940
and start talking
about this right now

1534
01:18:51,940 --> 01:18:54,902
because we've all been holding it in
and we want to let it out.

1535
01:18:56,236 --> 01:18:59,448
So, we started blaring words out.

1536
01:19:05,287 --> 01:19:09,291
‐ Some of the men jurors
were very vocal

1537
01:19:09,291 --> 01:19:11,126
the minute we went back
to the room

1538
01:19:11,126 --> 01:19:13,253
and were saying things like, "Well,

1539
01:19:13,253 --> 01:19:15,589
if that was my daughter,
I would have killed him."

1540
01:19:15,589 --> 01:19:17,549
[all clamoring]

1541
01:19:21,136 --> 01:19:23,096
JUROR 1:
It seemed like it was split,

1542
01:19:23,972 --> 01:19:27,100
so then that's when we started
going through evidence.

1543
01:19:28,477 --> 01:19:31,271
So the hunting knife
by his bed,

1544
01:19:32,272 --> 01:19:33,774
something like that

1545
01:19:33,774 --> 01:19:36,527
is not out of the norm
here in Florida.

1546
01:19:37,945 --> 01:19:40,405
JUROR 2:
There were toy handcuffs,

1547
01:19:40,405 --> 01:19:42,533
but we didn't give it any weight.

1548
01:19:42,533 --> 01:19:44,993
The prosecution
was trying to tie it in to

1549
01:19:44,993 --> 01:19:48,205
that he had romantic feelings
towards her.

1550
01:19:48,622 --> 01:19:51,291
And there was the incident
where he was in the closet.

1551
01:19:51,291 --> 01:19:52,125
[message notification chimes]

1552
01:19:53,001 --> 01:19:54,586
I know that spooked her.

1553
01:19:55,087 --> 01:19:57,172
But they had been drinking all day.

1554
01:19:58,173 --> 01:20:01,260
It was a stretch for them to try to say
that there was some sexual feeling

1555
01:20:01,260 --> 01:20:03,846
between Randy and Brooke.

1556
01:20:05,597 --> 01:20:07,140
‐ We're five hours into this thing.

1557
01:20:08,267 --> 01:20:11,144
But there were still a few jurors

1558
01:20:11,144 --> 01:20:14,606
on the fence
about the sleepwalking.

1559
01:20:16,441 --> 01:20:18,944
We had multiple people saying,

1560
01:20:18,944 --> 01:20:21,989
"How long was it for him
to get in this deep sleep?"

1561
01:20:21,989 --> 01:20:25,534
So that's why we went
through the timeline

1562
01:20:25,534 --> 01:20:28,745
of when Randy Herman texted her

1563
01:20:30,414 --> 01:20:33,083
to the time when she pulled up
to the house

1564
01:20:34,418 --> 01:20:37,296
to the time that we thought
she got murdered.

1565
01:20:38,088 --> 01:20:41,216
RANDY: At the time, I'm waiting in a cell
underneath the courthouse.

1566
01:20:41,216 --> 01:20:43,343
Just waiting,
just watching the clock

1567
01:20:44,094 --> 01:20:46,388
till they come up with
what the verdict's going to be.

1568
01:20:47,389 --> 01:20:48,765
It felt like a lifetime.

1569
01:20:51,560 --> 01:20:53,228
‐ When we get the call
from the bailiff

1570
01:20:53,228 --> 01:20:54,479
the jury has a verdict,

1571
01:20:54,479 --> 01:20:55,898
that moment it really starts.

1572
01:20:56,398 --> 01:20:58,275
You get the nervous.
You get the butterflies.

1573
01:20:58,817 --> 01:21:00,652
So, when the verdict is read,

1574
01:21:00,652 --> 01:21:02,779
the courtroom is just silent.

1575
01:21:04,114 --> 01:21:05,073
[gavel bangs]

1576
01:21:05,073 --> 01:21:06,867
‐ I'm going to have
Mr. Herman please rise

1577
01:21:06,867 --> 01:21:08,243
to receive our jury's verdict.

1578
01:21:08,994 --> 01:21:10,996
JUROR 3:
We, the jury, find as follows:

1579
01:21:10,996 --> 01:21:13,916
as to count one,
we find the defendant

1580
01:21:13,916 --> 01:21:17,211
guilty of first‐degree murder
as charged in the indictment.

1581
01:21:22,090 --> 01:21:25,177
So say we all
this eighth day of May 2019

1582
01:21:25,177 --> 01:21:27,554
in West Palm Beach,
Palm Beach County, Florida,

1583
01:21:27,554 --> 01:21:28,805
signed jury foreperson.

1584
01:21:31,892 --> 01:21:35,270
‐ That timeline that we drew up,
and we drew it,

1585
01:21:35,270 --> 01:21:37,481
we had all the text messages.

1586
01:21:38,065 --> 01:21:40,484
We had time
when she pulled in,

1587
01:21:41,068 --> 01:21:42,319
when he pulled out.

1588
01:21:43,028 --> 01:21:47,407
And after that timeline,
everyone was on the same page.

1589
01:21:47,407 --> 01:21:51,578
Wasn't enough time for him to be
in this, this deep sleep

1590
01:21:51,578 --> 01:21:53,038
to cause sleepwalking.

1591
01:21:54,081 --> 01:21:55,082
‐ Alright.

1592
01:21:55,916 --> 01:21:57,167
[sighs]

1593
01:21:57,167 --> 01:21:58,961
Randy Allen Herman, Jr.,

1594
01:21:58,961 --> 01:22:01,964
a jury of your peers, having found you
guilty of first‐degree murder,

1595
01:22:01,964 --> 01:22:06,260
I sentence you to life imprisonment
without the possibility of parole.

1596
01:22:06,260 --> 01:22:09,847
♪

1597
01:22:09,847 --> 01:22:11,515
♪

1598
01:22:11,515 --> 01:22:14,351
REPORTER:
Tears and hugs among the victim's family

1599
01:22:14,351 --> 01:22:16,937
as the jury found
Randy Herman guilty

1600
01:22:16,937 --> 01:22:19,106
of first‐degree murder
in the stabbing death

1601
01:22:19,106 --> 01:22:21,608
of 21‐year‐old roommate
Brooke Preston.

1602
01:22:22,484 --> 01:22:25,237
Brooke's father, John Preston,
after the verdict.

1603
01:22:25,237 --> 01:22:27,114
‐ There's no winners
in this whole situation.

1604
01:22:27,656 --> 01:22:28,949
Everybody's losers.

1605
01:22:30,075 --> 01:22:31,827
ADAMS:
I feel bad for him, the father.

1606
01:22:32,327 --> 01:22:33,537
'Cause I know he's grieving.

1607
01:22:37,791 --> 01:22:40,294
I don't know
what to say about Randy.

1608
01:22:40,294 --> 01:22:43,130
But I'll stand by him till the day I die.

1609
01:22:48,510 --> 01:22:51,597
DR. PRESSMAN: Sleepwalking occurs
anywhere from one to four percent.

1610
01:22:52,055 --> 01:22:55,642
One percent of 300 million people,
that's still a lot of people.

1611
01:22:56,602 --> 01:23:00,272
And potentially anyone
can be a sleepwalker.

1612
01:23:01,648 --> 01:23:04,026
‐ There is, I think,
a growing concern

1613
01:23:04,026 --> 01:23:06,945
about the impact
of sleep disruption.

1614
01:23:08,906 --> 01:23:11,283
As we move into a society

1615
01:23:11,283 --> 01:23:14,077
riddled with interrupted sleep,

1616
01:23:14,077 --> 01:23:17,497
we're going to see more and more
of these kinds of problems emerge.

1617
01:23:17,497 --> 01:23:21,668
♪

1618
01:23:38,519 --> 01:23:39,394
[buzzer sounds]

1619
01:23:40,854 --> 01:23:43,941
‐ You know, I've‐‐
since I've been in, in jail

1620
01:23:43,941 --> 01:23:46,652
I've tried to sit down
numerous times

1621
01:23:46,652 --> 01:23:47,903
with a pen and piece of paper

1622
01:23:47,903 --> 01:23:50,489
to, to try to reach out,

1623
01:23:50,489 --> 01:23:53,825
to try to tell them how sorry I am.

1624
01:23:54,326 --> 01:23:55,202
But it's just,

1625
01:23:56,370 --> 01:23:57,579
you know, it's difficult.

1626
01:23:58,163 --> 01:24:00,082
You can't really write out in words.

1627
01:24:00,582 --> 01:24:04,127
You can't tell someone you're sorry
for, for something like that.

1628
01:24:04,586 --> 01:24:07,297
It just seems like
those words just don't‐‐

1629
01:24:07,965 --> 01:24:09,216
they're just not enough.

1630
01:24:09,216 --> 01:24:12,344
You can't say‐‐ you say sorry
if you make a mistake.

1631
01:24:12,344 --> 01:24:14,721
This is something far more.

1632
01:24:16,306 --> 01:24:18,392
So, you know, I've tried to reach out
but I don't know

1633
01:24:18,392 --> 01:24:20,853
how to quite put that into words.

1634
01:24:23,772 --> 01:24:26,817
♪

1635
01:24:26,817 --> 01:24:28,944
McROBERTS: Unfortunately,
in a lot of cases, we don't get to know

1636
01:24:28,944 --> 01:24:30,612
so much about the victims,

1637
01:24:32,281 --> 01:24:34,116
because they are silent now.

1638
01:24:37,202 --> 01:24:39,371
But the entire Preston family,

1639
01:24:42,291 --> 01:24:44,418
friends, extended family,

1640
01:24:45,043 --> 01:24:47,129
so many people reacted.

1641
01:24:49,131 --> 01:24:50,632
It was quite moving.

1642
01:24:52,885 --> 01:24:55,888
♪

1643
01:25:06,607 --> 01:25:09,610
♪