All language subtitles for Dead.Asleep.2021.1080p.WEBRip.x264-RARBG-English

♪

WOMAN:
It doesn't make any sense.

Randy was a mellow, mellow kid.

I've never even heard him raise his voice.

MAN:
Something was off about this case.

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

It is real. [echoing]

MAN 3:
This is not sleepwalking.

It had a sexual overtone to it.
[echoing]

MAN 4:
She came in my room.

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

WOMAN 2:
It was clear cut.

He even admitted, "I did it."

MAN 4:
I know it was me.

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

♪

♪

[beep]

OPERATOR: [over phone]
911 emergency.

MAN: [over phone]
Yeah. There's‐‐

You need to send police.

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

MAN:
Someone's been murdered.

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

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

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

Okay, well, what did you see, sir?

MAN:
I'm at Haverhill Park.

Just send the police.

It was me.

I'm sorry.

[line disconnects]

[indistinct police radio chatter]

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

[indistinct chatter]

OFFICER 2:
One person? Male or female?

Girlfriend?

OFFICER 1:
Stick him in the car.

♪

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

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

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

who had called 911
in for questioning.

NEWSREADER 3:
Randy Herman is in jail

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

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

in this investigation.

Reporting live in...

WOMAN:
Hold your hands out for me.

[camera shutter clicks]

And hold them upside down.

JOE WALSH:
I met Randy in the jail.

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

And then I was assigned
to handle his case.

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

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

OFFICER:
You can turn around, Randy.

WALSH:
Just a very meek person, physically.

He definitely seemed different than,

you know, a lot of
the people I represent.

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

WALSH:
He seemed very well‐mannered,

very respectful.

OFFICER:
You know what size you are?

[Randy mumbling]

OFFICER: Uh?
RANDY: Medium.

OFFICER:
Medium? Okay.

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

OFFICER:
You know what size jeans you wear?

RANDY: 30:
OFFICER: Thirty‐two, 30?

WALSH:
So he committed the crime.

[camera shutter clicks]

But he couldn't remember
what happened.

[Randy sobbing]

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

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

♪

♪

[message notification chimes]

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

RANDY:
Does she know what happened?

OFFICER:
No. Nobody knows what happened.

We don't even know
what happened.

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

RANDY:
I don't know.

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

OFFICER:
Was it an argument? Was it‐‐

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

OFFICER: Okay.
[Randy sniffs]

What do you remember?

RANDY:
Blood.

OFFICER: Okay.
[Randy cries]

WALSH:
Yes, Randy does tell the police

"I murdered" this person,

because you're standing over them
holding a knife.

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

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

I just‐‐

OFFICER:
When did, when did she‐‐

[Randy mumbling]

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

RANDY:
I just don't remember‐‐

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

Let me ask you‐‐
[Randy crying]

OFFICER: Were you guys
ever romantically involved?

No?
RANDY: They're like my sisters.

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

OFFICER: Okay.
[Randy crying]

WALSH:
But to wake up

over someone who you consider
your sister

stabbed a number of times
with a knife in your hand

covered in blood
and not know what happened,

I could imagine it being
a very scary proposition

for a guy like Randy.

♪

♪

CORBIN BURGER:
Brooke's smile was gorgeous.

Just the personality.

And she was really

just always happy.

She was beautiful, inspiring,
and going places.

She had a sense of drive
to be better.

And she worked hard.

MICHAEL MAJCHROWICZ:
People who knew Brooke

in her high school days said

Brooke was very much someone who was

the life of the party.

Brooke was this explosive ball of energy.

She was lively.

She was bubbly.

She was athletic.

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

BURGER:
And she was always cool.

We'd all hang out, go swimming.

We'd play games.

Go bowling.

[girl laughs]

BURGER:
It was always having fun.

[squeals]

[laughter]

BURGER:
We grew up on Instagram, Snapchat.

She was always on Facebook.

And Brooke taught me
how to use Tinder.

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

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

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

They were always laughing,
playing, having fun.

Brooke, Randy, and Jordan.

They were like family.
Brother and sister.

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

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

♪

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

stabbed multiple times.

Meanwhile, he remains
behind bars without bond.

The question here tonight remains why?

Because even he says
he can't remember.

♪

♪

AUTOMATED VOICE:
Hello, this is prepaid collect call

from an inmate at Palm Beach
Everglades Detention Center.

This call is subject
to recording and monitoring.

KATHI ADAMS:
Hello.

RANDY:
Hello. How are you?

ADAMS:
Oh, okay, How are you?

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

Did you talk to the lawyer?

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

RANDY:
Why? What's the matter?

ADAMS: Uh‐‐
RANDY: Why?

ADAMS: Well, because

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

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

ADAMS:
Yeah, I know.

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

♪

♪

I was just confused.

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

That's why I called 911.

If I wanted to, I could have ran.

But that wasn't what was
on my mind.

I didn't do this intentionally,

and this was a person
I cared about.

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

I was just in shock.

‐ The one thing
that was definitely clear

in kind of discussing it
with colleagues is

none of us could figure out
what happened.

I definitely felt that Randy
was being truthful with me

and that he had profound amnesia
for the event.

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

So we called a psychologist
that specializes in trauma

to try to explain why maybe Randy
had that amnesia.

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

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

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

why he did what he did.

I was truly puzzled.

Because there didn't seem to be
any logical basis

for this crime.

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

question after question after question.

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

did he have a mental illness.

Do you hear voices?
See things?

Are you paranoid?

‐ We went through everything
he could think of.

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

or other abuse?

RANDY:
But nothing fits.

Nothing made sense.

DR. EWING:
Nothing.

And so I focused in

on questions I consider to be
neurologically related.

Have you ever had
a head injury?

Have you ever had seizures?

Sometimes,
people with seizure disorders

can act out violently.

But again,
his answers were no.

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

Uh, he was just as confused as I was.

DR. EWING:
I would have walked away saying

there's nothing

had I not asked
that last question

just as a matter of thoroughness:

"Have you ever sleepwalked?"

RANDY: When Dr. Ewing
first said sleepwalking,

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

Sleepwalking to me
at the time was,

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

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

♪

‐ As a sleep specialist,
and I understand.

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

So I know sleepwalking is involuntary.

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

[indistinct singing]

But public ideas about sleepwalking,
generally not accurate.

Until 1964,

the general idea was that
the sleepwalkers were acting out

their dreams.

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

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

like Frankenstein.

We still see it,

if you watch something like
The Simpsons.

But the reality is

sleepwalking is a set
of related behaviors

that comes out of sleep,

most often following partial arousal
out of deep sleep.

[man screams]

DR. PRESSMAN:
And it usually occurs in a state

that's not really awake or asleep.

There's no difference between people
who sleepwalk at home every night

and people who commit
sleepwalking violence,

known as violent parasomnia.

Sleepwalkers are not consciously aware
of what they're doing.

And these days, it is understood that
someone can kill somebody in their sleep

under the right circumstances.

REPORTER: We're here on Sarazen Drive
off of Belvedere Road.

Deputies have been out here all day
blocking off the street.

Deputies tell us they got
a 911 call this morning

from a man who told them
a woman was dead

inside her home here on Sarazen.

ANNA COX:
As a bloodstain analyst,

one of the things
I'm attempting to do is

try to figure out where
the actual crime happened

within the scene.

In this case, I'm analyzing
and interpreting throughout the residence

the bloodstains
and the movements of Brooke

and its incredible sensory overload.

The smells,

the blood just dripping down the walls.

I've been doing this
for 21 years.

I've probably seen

more incidents
than any human being should.

This was one of
the more vicious crime scenes

that I had to document.

I still admit that this case
really bothers me.

ALEATHEA McROBERTS:
This was totally violent.

Brooke was stabbed 25 times.

We know that
after she is dead and down,

he gets a quilt to‐to wrap her.

There are psychological experts

that say sometimes if a person
is known to you,

they're want to cover them
to conceal their face from you

to preserve her dignity.

But it might be actually to assist him
in dragging her out.

People don't realize how heavy
a, a dead‐weight body is.

REID SCOTT: You know,
we have a beautiful young woman

who is absolutely brutally murdered.

I mean, this was a prolonged attack
that most likely took a couple of minutes.

You think about doing this 25 times.
[striking palm]

It's a brutal, violent struggle
that's taking place.

The murder weapon is still
in the bathroom

covered in Randy's fingerprints

depressed in the blood.

At the time of the crime,
nobody else was in the house.

‐ It was clear cut.

He even admitted that she's been murdered
and I did it.

On the face of it,
there was not really a viable defense.

OFFICER: Can I get you guys anything
as far as water or anything like that?

[indistinct chatter]

OFFICER: Give me one second
to just make this phone call,

and I'll be right back.

‐ This is not good.

Because it says Homicide.

‐ What?
‐ It says Homicide.

That means somebody killed her.

How did she die?

OFFICER:
I can tell you that for right now

it appears that she was stabbed.

BROOKE'S MOTHER: [crying]
Oh my god, no!

[sniffles]

I've known Randy
since he was, like, ten.

He was a mellow, mellow kid.

I've never even heard him raise his voice.

I mean, god,
the kid was at my house.

He's been to pool parties.

I mean...

he's always quiet.

Everybody always liked him.

Nice guy,
always a nice guy.

‐ Doesn't make sense.

BROOKE'S MOTHER: It doesn't,
it doesn't make any sense.

Never in a million years.

♪

ADAMS:
What are you doing? Come here.

You can come.

You a good boy.

I have pictures of Randy.

Lot of pictures of Randy,
'cause I like surrounding myself

with... the kids and family.

And that's all the different Randys
growing up.

Him and his sister
were always close.

And my mom
gets upset once in a while,

and Randy would always make her smile.

He was the only one
that could make her smile.

When Randy was little,

if I wanted him to do something,
I just pretended I was crying,

and he'd do it
just so I didn't cry.

And even when he got
older enough to know

that I was pretending
and I was faking,

he'd still do it
because he didn't want to see me sad.

"Alright, fine, just get that look
off your face and I'll do it."

BOY: Hey, mom.

ADAMS: He's always been
a very good kid, very supportive,

very respectful.

‐ He's very kind, friendly.

Growing up,
we really just rode bikes,

hiking,

exploring the woods.

WOMAN:
Push hard.

♪

ADAMS: I remember he went down the creek
the one time with his friends.

Randy's like, look at the flowers.
Aren't they pretty?

And they laughed at him.

Men don't do that, you know.
You're not supposed to notice flowers.

Must act like a man.

But it was from being
with me and his sister,

and we loved nature and stuff.

But it would bother Randy.

DR. PAULA BRUCE:
I haven't met him.

But as a clinical
and forensic psychologist,

I find the case of Randy Herman

is fascinating.

This dynamic of Randy growing up
with the two women in his life

and not experiencing
traditional masculinity.

And so his relationship with women
is really tied up

with a lot of emotionality.

And there may be something about
the present dynamic

with Brooke and Jordan

that was somewhat emotionally similar

to what he had
with his mother and his sister.

OFFICER:
Jordan?

Okay.

Uh, first off,
I'm very sorry, okay.

There's nothing I can say
that would ever

help you at all,

but, um... I just kind of want
to start from the beginning.

I guess you were out of town.

‐ Yeah, I flew out Thursday night.

‐ Okay. Did you talk
to your sister on Friday?

‐ Yeah, I talked to her every day.

‐ Okay.

‐ She's my sister,
but she's like my best friend too.

‐ Brooke Preston was about
two years younger

than her older sister Jordan Preston.

But they were always together.

‐ Brooke and Jordan
were childhood best friends

surrounded by really supportive parents.

‐ Brooke spent a lot of time
on social media.

She posted a lot,

especially about her family.

McROBERTS:
Brooke was close with her family

and, you know, family that close,
they did things together,

WOMAN:
Okay.

‐ It's time to take you down
to the dirty dungeon

so that nobody'll ever find you.

MAJCHROWICZ: Once a week or so,
Prestons had these family dinners

to just hang out
and bond with their daughters.

McROBERTS:
With Brooke's strong family relationships,

it's not surprising
that she was well‐liked by everybody.

‐ Between Brooke and Randy,
was there ever any issues with them?

‐ Never.
‐ Never at all?

‐ I've never even seen him violent.

I don't understand.

We've lived together
since the day he came down here,

'cause we were really good friends
in Pennsylvania

since as long as I can remember.

‐ Was there ever any sort of relationship
between them other than friends?

Did it ever seem like he tried
to express anything more than that?

‐ Not to me.

‐ I was just making sure
there is not like some underlying

weird relationship thing that I'm missing

or anything that anybody was‐‐

‐ I wish there was
some explanation.

ADAMS:
I know my son.

I know that he's not capable
of doing something like that.

The only possible way
he could have done it was sleepwalking

where he wasn't conscious,
he didn't know what was going on.

When he was younger,
one night,

me and Amanda were up
and he had already gone to bed

and we were in the kitchen,
and he came out

and climbed on the counter.

He has that look,
like a dazed look.

And Amanda asks him,
"What are you doing?"

He'd just look at you,

and he wouldn't say anything.

He was getting a drink,

and he gets pancake mix
out of the cupboard.

By then, we realized
he was sleepwalking.

I'd guide him back to bed,
and he'd go right with me

and he'd lay right down
and he was out like a light.

‐ When we were younger,
we had plastic on the windows

to keep the heat in
in the wintertime.

He would get up
in the middle of the night sleepwalking

and just start scratching
at the windows,

and he would say
he was trying to get out.

ADAMS:
My Randy was around ten.

I was working at the bar
right next door.

One night, it was light
and I had one customer,

and I was closing up

when Randy rode his bike
to the bar.

And he just walked up to the bar,
he laid his head on it.

I asked him, what are you
doing out this late?

And he turned around
and walked back out the door.

And he got on his bike

and rode home.

We knew he was sleepwalking
because he didn't speak to me.

Because it was just across the street,
he'd ride to the bar every day.

So he was very familiar
with the road.

He could ride over there
with his eyes closed.

‐ Sleepwalking is complex.

It's more likely to occur in adults

who had a history of sleepwalking
as a child.

Certainly there are sleepwalkers
who seem to do

very coordinated, scary things.

Something like driving a car.

[engine starts]

Often automatic.

It's a behavior which is over‐learned.

[engine starts]

Something done dozens,
hundreds of times.

[engine starts]

It's one of these, "I did it so many
times, I could do it in my sleep."

♪

NEWSREADER 1:
Breaking story today,

a killer's unusual defense
of sleepwalking.

NEWSREADER 2: Randy Herman, now 26,
is charged with the first‐degree murder

in Preston's stabbing death.

NEWSREADER 3: Herman told him
about his sleepwalking history

corroborated by family.

NEWSREADER 4:
Meantime, Randy Herman will remain

behind bars
at the Palm Beach County Jail.

‐ Mr. Walsh told me that he was going
to ask for a continuance

because he had discovered that there was
a legitimate potential defense

that he wanted to explore.

It was the sleepwalking defense.

I was very much taken aback

because in all my years,
I'd never seen it.

WALSH: When Dr. Ewing
first brought up sleepwalking,

it seemed logical.

But there's really not a defense
for that here in Florida.

In other states,
sleepwalking would seem

to kind of fold
into diminished capacity.

But we don't have a diminished capacity
defense here in Florida.

So we had to find some way
to defend Randy's case.

The DSM is like an encyclopedia
for psychologists.

And the DSM recognizes sleepwalking

as a mental disease or infirmity.

So the DSM became
the basis for our case.

OFFICER:
Things happen, alright.

Sometimes things happen, Randy.

And we just need to figure it out.

WALSH:
When the police questioned Randy,

he was clearly remorseful
about what had happened.

[Randy crying]

RANDY:
Is she okay?

Please tell me.

Please tell me.

‐ We like to follow our common sense
and follow the evidence,

and‐and this appeared to be simply,
you know, an act of rage,

an act of hatred,
an act of, you know, lover scorned,

you know, whatever happened.

On its face,
that's what it appeared to be.

But then, you know, you just know
that what you're going to have to explain

is, well, where's the motive?

Randy said he had no sexual interest
in Brooke Preston

and that there was no infatuation
between the two of them.

OFFICER:
Randy, it seems like

that you had some feelings
for Brooke.

You hadn't been boyfriend‐girlfriend
with her, right?

RANDY:
No, she was like my sister.

OFFICER: Okay.
RANDY: Sister.

‐ But when you looked
at the dynamic of the three of them,

he's a, he's a young man,
he wasn't terribly attractive,

kind of smaller,
little bit heavier,

and living in a home with
these two very attractive ladies.

The vibe that I got was just like, okay,
Randy was in love with Brooke Preston.

McROBERTS:
Maybe he attempted something sexual.

And she may have rebuffed him,
she may have been cruel about it.

You know,
some people react violently

when they're rebuffed.

Or laughed at.

And that's maybe what set him off.

‐ I feel like Randy really liked Brooke.

I do feel like
Brooke liked Randy as well.

Yeah.
INTERVIEWER: In a romantic way?

‐ In every way.

♪

Then Brooke started getting serious
with this other guy, I guess.

And if Randy started getting feelings
for, for Brooke‐‐

Love kills.

♪

♪

OFFICER: Were you ever aware of them
maybe having any kind of relationship?

BROOKE'S MOTHER: Randy‐‐
OFFICER: Brooke and Randy.

BROOKE'S MOTHER: No. No,
Brooke has a guy that she's been with

on and off for three or four years.

Bryan.

MAJCHROWICZ:
Brooke was in a really committed

and very public relationship
at the time.

She posted stuff online

and talked about it all the time.

Her boyfriend gets, like,
a promising job opportunity,

um, up north.

And so, they're pretty serious.

Brooke had recently
disclosed to her mother

that her and this guy were,
were the real deal.

OFFICER:
Is that the guy who's in New York?

BROOKE'S MOTHER:
Yes, they're together now.

They're very happy,

talking about getting engaged.

In fact, she was only here
to pick up her car

to drive back to Buffalo.

She's starting a new‐‐

[crying]

No!

‐ Are you friendly with Randy
or were you friendly?

‐ I was‐‐ Yes,
I was friendly with Randy.

OFFICER: Okay.
‐ I mean,

you know, I didn't go out of my way
to hang out with him,

but anytime I was hanging out
with Jordan and Brooke,

you know, he was always there,
so we would always hang out.

This is as much of a shock to me
as it is to everybody else.

Randy never, to me,
showed anything weird

except for Friday night.

SCOTT:
The day before she was killed,

Brooke and Randy
had been drinking all day.

And that night, Randy exhibited
very odd behaviors

that made her feel uncomfortable.

And she communicated that
to her friend Kyle McGregor.

‐ Brooke had sent me a text.

She said, "Please pick me up
and take me somewhere."

[message notification chimes]

And I said why, and she said,
"He's being belligerent and stumbling.

Pissing me off."

Right when she texted me that,
I was right around the corner

about to turn into the neighborhood.

I knocked on the door, he was just
stumbling around, uh, you know.

Basically, he looked like
he was drunk to me.

McROBERTS: Kyle went to the kitchen
to get something to drink

and didn't remember seeing
where Randy went.

And then all of a sudden,
Brooke came busting out of the bedroom

very upset.

And told Kyle that Randy just was
in my bedroom closet naked.

‐ She said Randy was butt‐ass naked
doing this to me.

OFFICER:
Totally naked?

‐ Totally naked.
That's what she said.

And that,
obviously that freaked her out.

I mean, I'd be freaked out
if there was a naked man in my closet.

She grabbed me by the arm
and she said, "We gotta go, you know.

Can we leave now?
He's freaking me out."

SCOTT:
Really, really scared her.

And it just reeks
of some sort of sexual interest.

And there's other key pieces of evidence
that suggested that this was

sexually motivated.

For example,
he had a pair of fuzzy handcuffs

next to his bed

as well as the murder weapon,
a knife.

‐ He claimed that women liked
to be tied down,

and they actually enjoyed it
when he's done it before.

‐ Our theory in the case was that
Randy Herman was absolutely in love

with Brooke Preston.

Him being nude in the closet

and some of his behaviors that night

maybe he saw
as a way to win her over,

to show her how much he loved her.

Ultimately, she was not interested.

He was sort of in the friend zone.

And given that this case had
a sexual overtone to it,

I just said to myself,
this is not sleepwalking.

♪

DR. PRESSMAN: If Randy Herman
was in a state of sleepwalking

at the time he stabbed,

uh, the victim,

then I believe this is an explanation,

an excuse for what he did.

And we know that
modern brain science says

that there are reptilian instincts,

certain primitive behaviors

that, uh, served our predecessors.

Eat, sleep, hunting,

sex,

protection.

And they were still
in there somewhere.

When you're awake,
all these primitive instincts

are inhibited
by the part of the brain

that developed to stop us

from acting out,
you know, these behaviors.

♪

But when you're sleeping,

the part of the brain that controls
these primitive behaviors

is turned off.

So sleepwalkers are acting
out of primitive instinct.

It's not that the sleepwalker gets up

and goes hunting

or goes looking for a victim.

This person is just
a potential danger

who is approaching them.

And they would not know
who that person was.

[man moaning]

DR. PRESSMAN:
They are reacting

to a trigger.

Something that could cause
a brief arousal in your sleep.

That could be a sound,

touch.

They wouldn't stab someone once
and say, "Oh, you're dead."

They would just keep going
until at some level

they're satisfied there's no longer
a risk in front of them.

And it's usually triggered
by the victim.

So in the case of Randy
and his roommate,

we should be asking,
on that morning,

did he perform
those violent behaviors

while he was in a state
of sleepwalking?

ADAMS:
When Randy was a little kid,

I didn't take him to the doctor
for sleepwalking.

Because it's a normal thing, you know.

I sleepwalked, my daughter sleepwalked.
We grew out of it.

I didn't know it was a medical thing.

I never heard that.

And anyways, you have to pay,
like, a lot of money

if you actually want to take them
to the doctor for sleepwalking.

AMANDA CONA: Growing up,
we didn't have a lot of money.

It was kind of rough.

My mom, she was always working
all the time,

and me and my brother

were always at babysitters.

ADAMS:
It was when they were younger that

their father and I split up.

CONA: Growing up, I thought my dad,
like, lived so far away.

And then, as I got older, I'm like,
you know, it was only 40 minutes away,

an hour away.

But he always said that he‐‐
it was too far for him to come drive.

ADAMS: And he never really tried
to take the kids,

except for when Amanda got older,

like, old enough to, like, clean

and, you know,
take care of herself.

He told her
she could come live with him.

That hurt Randy's feelings.

And Randy just totally devastated

thinking Dad didn't love him.

RANDY: Growing up,
my father wasn't really in the picture,

and we kind of got
more and more separate.

The weekends together would get
longer and longer apart.

MAN: Ah!
[Randy yelps]

[indistinct chatter]

CONA:
Uh, my dad has always drank a lot.

Uh... he drank all the time.

Before my dad and mom split up,

they used to get
into pretty big fights.

I remember one time my dad was drunk
and he locked us outside the house,

and I ended up peeing my pants.

I was only like five, I think.

And then finally
when he let us in,

my mom and him got
in a huge fight.

[Adams laughs]

ADAMS:
That was a bad argument.

He was drinking.

He opened the door

and pulled me in by my hair.

Ow!

He kept pushing your head
when you argued the push.

And he kept doing that
and I didn't like it,

so I turned around
and I punched him in the face.

Well, then he hit me back.

♪

So...

♪

‐ Toxic masculinity
is a relatively new term.

But it's really a term
that's describing an old idea.

‐ You're going to the moon!

‐ Dink, say goodbye to Felix.

‐ Hmm?
‐ Uh, man talk.

[slaps]

‐ And it's a way of exploiting
male privilege

in a way to create dominance
and power.

Randy is a small guy
living in a situation with two women

who are by all accounts probably
in a stronger position than he is.

They've got financial security.

And I think there is something
to be said

about the pressures
of our current time.

That we live in a society

where everything is open

for public consumption.

And so, people's envies
can be easily served

because instead of comparing themselves
to the two or three kids in their class,

they've got, like, 40,000

on the internet that
they're measuring themselves against.

And for those that have a history
of trauma, neglect,

a history of feeling insufficient
in some way,

they are more vulnerable
to being impacted

by those feelings
of envy and longing,

and they end up driving sometimes
some of their behaviors,

some of their choices.

♪

♪

NEWSREADER:
Now at 3, shocking new details

in the murder of a 21‐year‐old woman
whose body was found stabbed

more than a dozen times
inside a West Palm Beach home.

Here's the big twist in all of this.

A TV station in Pennsylvania
now reporting

that Randy Herman Sr.,
the father of the suspected killer,

he too was charged with murder,
accused of killing his girlfriend

in February 2015.

Now, this case was later dropped
against him

because he committed suicide.

‐ The woman had been murdered,
and they were looking

for, uh, my dad.

I think there was some
kind of argument or fight.

And, um, he killed her.

And then he shot himself.

RANDY: When I found out
my father shot and killed

his girlfriend at the time,

I was definitely conflicted.

I mean, obviously, this was a person
that wasn't really in my life.

And part of me felt like
I shouldn't really care.

But another part of me also felt like,
you know, this is still my father.

‐ I think that Randy Sr.'s homicide
and later suicide

must have had a significant impact
on Randy Jr.

Throughout his life,
he has been searching for this

loving father,
father he can connect with.

And it's a father
he never really finds.

And when he next hears
about his father,

it's in this devastating, ugly,
shameful kind of experience

that reflects on him.

They have the same name.

Right? He can't get away from it.

And that for a young guy like him

who's already struggling
with his identity,

that would have been
quite impactful.

CONA: My brother had to go
and clean out my dad's house.

And at the time, I was,

I was so upset,
I was the one crying,

and he had to go in there and clean up
the mess from the shooting.

So he had to clean up the carpets

and the walls.

And I think that probably
wasn't good for him.

That probably did some damage.

McROBERTS: When I learned that his dad
had killed his own girlfriend,

I thought they would run with that

as some kind of an explanation
for some mental defense.

You know, like father like son.

RANDY:
After my father had passed away,

I moved back in with my mother,

and I was working
at a meat processing plant

in the head room.

I used a air knife,
and my job was removing meat

from a jawbone.

I just stand
in a stationary position

and just take meat off a jawbone

and put it on a conveyor belt,
and that was it.

It really was a dead‐end job.

CONA:
I was worried.

I think he was struggling
with Dad's death.

I just think it all just got to him.

RANDY:
Things just weren't going well.

I wasn't really going anywhere.

I was just doing
the same thing every day.

Take meat off a jawbone,

put it on a conveyor belt.

You know, I just felt kind of stuck.

I realized how much
I had taken for granted

and how many chances I was given.

And, you know, I really went into
a depressed cycle.

♪

‐ Hey, Jordan.

RANDY: And at the time,
my close friend Jordan,

she had got a job opportunity
in West Palm Beach.

She was moving down there,

and we'd make jokes about me
moving down there with her.

The more we talked about
me moving down there with them,

the more it kinda became serious.

[message notification chimes]

Eventually, over time, I thought that,

you know, maybe this
would be a good idea.

To get out of this, you know,
dead‐end cycle that I'm in

and to move to West Palm Beach
and start fresh

and get a career

and really, you know,
help my life get back on the right track.

ADAMS: He's got lots of money
because he had his father's inheritance.

I didn't blame him for wanting
to go to Florida.

I figured, um,
what are you gonna do, you know.

It's like, he has his reasons.

He wanted to go down
and make something of himself.

He used to always tell me
that he was gonna make lots of money

and buy me a house down there.

So he went
to West Palm Beach with his friends.

♪

♪

♪

‐ Jordan and me and Brooke decided
to ultimately look for a house together.

We were looking around
at different places,

and we found the house
at Sarazen Drive.

It was a nice three‐bedroom house
just west of, uh, West Palm Beach.

That would be the house
we would move into.

It was exciting.

It was positive, you know.

It was three young adults
moving down.

BURGER: We first met Brooke,
Randy, and Jordan,

they were always joking around
with each other.

Me and Randy... [snaps fingers]
we clicked instantly.

It clicked even better when we found out
that we both just moved to Florida

from small little country states.

He's a country boy.
Like, he's country.

I mean, the dude kept
a buck knife next to his bed.

I don't know how much more country
you can get than that.

Like, it was there
every single day.

But we were making good money.

We were making good money
at the business we were doing,

selling internet and cable at Walmart.

That's what we did.

‐ [chuckles] So the day is finally over,

and I get my beer.

RANDY: I'm working,
we're having a good time.

It's obviously a fun environment.

It's a party lifestyle.

Drinking a lot of times,
having friends over a lot.

BURGER:
And Randy was the life of the party.

Because when he walks
into a room, it's crazy.

He just brings this smile and this energy
and this everything.

‐ This thing is so slow.

RANDY: I mean,
I was surrounded by close friends.

We get along great.

It was just a good time.

♪

♪

♪

[wind whooshing]

DR. BRUCE:
Consistent with their generation,

Randy and Brooke both seemed
to be actively engaged

in social media.

And the reward system
that one gets in social media.

Posting. Getting recognition.

And Randy is posting
at 2:00, 3:00 in the morning

obviously having, um, not slept.

We know that sleep is really important
for a lot of things,

including consolidation of memory,

cognition,

learning,

and mood regulation,

affect regulation,
emotional regulation.

♪

CONA: I was reading
about Randy's case online,

and there was a whole bunch of comments
about my brother being a monster

and he deserves way worse
than life in prison.

♪

♪

It's upsetting

because I know
he's not a monster.

But it's a small town.

Everybody judges everybody.

♪

I know my mom was worried
about seeing people

from around here.

It took a toll on her.

NEWSREADER: A stabbing in Florida
involved two people from Wyalusing,

one is now dead,
and the other is behind bars.

‐ I mean,
just knowing the family,

it's heartbreaking.

‐ It was two years
before the trial even started.

Two very long years.

Around Wyalusing
where the Prestons were from,

they know who I am.

I'm afraid I'm gonna run
into the father, Mr. Preston,

who is a very nice man.

And I don't want to. I‐‐

You know, what do you say?

There's nothing to say.
I don't know what to say.

But there's two sides
to every story.

‐ Everybody knew that it was BS
from the beginning.

You take someone's life like that,

I think you should lose yours too.

SCOTT: Randy claims he didn't remember
what happened at the moment.

For a case like this,

when the defendant says
"I don't remember,"

my mind immediately goes to,
okay, what are the facts.

What does Randy remember?
What led up to this?

♪

Randy Herman, Brooke Preston,

and her older sister, Jordan Preston,
were living together

in a single‐family residence
on Sarazen Drive.

But Jordan had left
for a couple of days

to spend some time
with her boyfriend in Colorado.

McROBERTS:
Meanwhile, Brooke had made the decision

to move to live with her
longtime boyfriend up in New York.

So she had come to that house
to pack up her things

and drive north

and say goodbye to Randy.

RANDY:
Thursday morning, I woke up at 3:00

and picked her up
at the Fort Lauderdale Airport.

We drove back to the house.
I ended up dropping her off.

It was still fairly early,
so at that time I went to the beach.

And I was able to catch the sunrise.

Later that morning, we decided
to go out to the beach.

‐ Brooke had spent the whole day
at the beach with Randy.

They'd been drinking
quite a bit at the time.

Later, that afternoon,

they went back to the house

where they continued drinking.

‐ From then on,
I was just heavily intoxicated.

Me and Brooke drinking on the back porch
was, you know, my last clear memory.

‐ Randy continued to drink.

That's when Brooke texted Kyle,

you know, Randy's acting strange.

McROBERTS:
So we know that Kyle came to the house.

And then, uh, the naked‐in‐the‐closet
event had happened.

She was very shaken.

Brooke said to Kyle,

"Get me out of here,
I can't stay here tonight.

I need to stay over at your house."

And she did.

RANDY:
Waking up the next morning,

I was half hungover.

I was really dehydrated, thirsty.

I went to get some water.

That's when I ran into Brooke.

She had come back
and was kind of gathering

the last of her belongings.

I decided to go back to bed.

‐ Meanwhile, Kyle and Brooke
go to breakfast.

A few minutes later,
Randy texted her

to see where she is.

And she says, hey,
we're gonna go to breakfast

if you wanna go.

He said no,
he was in bed asleep.

But he had something for her.

I remembered I had a T‐shirt
I wanted to give to Brooke

to take to her boyfriend
Bryan Brown.

I wanted to give that to Brooke
before she left.

‐ She said she would stop by
as soon as they had breakfast.

♪

♪

♪

RANDY: The next thing I remember
is her calling my name.

I had sat up in bed.
She came in my room.

I told her where the T‐shirt was.

She picked up the T‐shirt.

She was smiling,
saying thank you.

She came over, gave me a hug,
and said goodbye.

She shut the door.

And I laid back down.

‐ We know that 8:49 in the morning,

a gentleman in the neighborhood
by the name of Mr. Childers

walks by the house
and claims to have heard screams.

So the attack likely occurred
somewhere within those 10 minutes.

‐ I was able to place Brooke
in certain places and positions

when she received
some of her stab wounds.

It began at the end of the hall
where the bedrooms were located.

It then proceeded

down the hallway

and into the living room
by the fireplace.

There was some activity
at the fireplace.

And then I believe ultimately
she was dragged back into the hallway.

I can tell you
that she was still alive

when she was
in her final resting position.

Because as she laid in the position
that we found her in,

she was expirating blood
from her nose and her mouth

until she finally just succumbed.

RANDY: And then I come
to standing over top of her

covered in blood,

and I'm holding a knife in my hand.

‐ We know that we see Randy
get into his car.

That's when he leaves
and calls 911.

[beep]

OPERATOR: [over phone]
911, emergency.

RANDY: [over phone]
You need to send police.

Someone's been murdered.

I'm at Haverhill Park.
Just send the police. It was me.

I'm sorry.

[line disconnects]

McROBERTS:
She was stabbed 25 times.

She had defensive wounds.

It was clear from the scene
that she had struggled desperately.

We know that it's not easy
to stab a human body.

And then to do it repeatedly
when somebody's fighting back,

they're resisting,
and they're screaming

and they're scratching
and trying to get away.

And from what we know about Brooke,
she was feisty.

When you look at the degree
to which she fought back,

it‐it wasn't over in an instant.

His hands were injured pretty badly.

Those are all stimuli that would awaken
a person who's sleepwalking.

That all goes to show that clear intent

of wanting to kill somebody.

DR. PRESSMAN:
Sleepwalkers are well known to have

a very high threshold for pain

and for arousal.

It's very difficult
to wake up a sleepwalker.

WALSH: The research we did
about the sleepwalking showed

there are people that will sleepwalk

and walk out of, like,
a second story window,

and they're not gonna wake up
immediately after they hit the ground

even though they're going
to be injured, right?

So the cut to Randy's hand

wouldn't have been something
that would have necessarily startled him

out of his sleepwalking episode,

nor would have the physical nature
of the attack.

HANNAH WINSTON: As a journalist
with the Palm Beach Post newspaper,

I primarily focus
on criminal justice

and courts coverage.

When I first heard
about the Randy Herman trial,

I was speaking directly
to another journalist,

and it was very much
one of those, like,

"You'll never believe what I'm,
you know, covering today,

what's happening."

Covering courts for so long
and for just being in the news industry,

you think you've heard everything.

But the sleepwalking defense is one
of those things that doesn't happen a lot.

So my immediate thought was like,

okay, well, let me go find the documents,
see if, you know, this is legit.

How many other times
has this happened before?

There were a couple more
famous sleepwalking cases.

There was one with a 4‐year‐old boy
who the father killed.

And another one where a man
ended up killing his wife.

And both of them,
they were found not guilty.

WALSH: I do know
that sleepwalking has been used

in other states as a defense.

But this was the first case in Florida.

It's a big hurdle to jump when you have
a burden to prove that something happened.

You're basically telling the jury,

yeah, this happened, but it's because,
you know, Randy sleepwalks.

And when you go back
to kind of the empathy

that people may feel for Brooke
and her family and the situation,

that also is another big hurdle
to, to jump.

RANDY: [over phone]
Did you talk to the lawyer?

Did he tell you how much time
I could be looking at?

ADAMS: [over phone]
Well, he's not sure.

RANDY: Hopefully, you know,
within the next couple weeks,

I'll hear something.

I don't know.

‐ In cases like this
where the evidence is overwhelming,

we fully expected that there would be,
you know, an attempt to negotiate

a resolution
that everybody could live with.

WALSH: Most cases obviously
end up in a plea bargain.

Usually, the plea offers
are also pretty high.

They mentioned
a plea of 50 years.

But it was just really
too high for us.

If you're 20 years old
or if you're 60 years old,

you'll spend the rest
of your life in prison.

McROBERTS:
The defense was unwilling to negotiate it

to anything that would be acceptable

in light of what had happened.

And so we were
sort of at an impasse.

RANDY: [over phone]
Fifty. Fifty years. Five‐zero.

ADAMS: [over phone]
Is that what he told you?

RANDY: Yeah, I mean,
there's no way, you know.

What do they have
as evidence of premeditation?

You know, it's outrageous.

ADAMS:
I know.

RANDY: In my eyes,
I figure if I take it to trial,

there's no way I'm going to get convicted
of first‐degree premeditated murder.

If I got second‐degree murder,

I'd probably be taking
somewhere around 50 anyway,

so why not take my chances at trial.

ADAMS:
I love you, honey.

MAJCHROWICZ:
You know, when I sat down with Randy,

at some point in the interview,

you know, I said,
"Tell me a little bit about yourself."

You know, he indicated he had never read
the Harry Potter books before,

and so he was making this way
through the series.

And he described parallels
in the Harry Potter books.

You know, anyone who is sentenced
to Azkaban,

they're basically forced to relive

their life's worst moments.

You have Randy standing
over Brooke's body,

both of them covered in blood,

and he described his time in prison

to be his own Azkaban.

ADAMS: I wanted to get him
the best lawyer I could.

You're talking about thousands of dollars,
and there's no way we‐‐

we don't have it.

We knew we had no choice
but to go with a public defender.

I trusted Joe Walsh
and his investigator.

‐ Before the trial,
I was nervous, but I was hopeful

because I felt that, uh,
they would see Randy

for who he is.

‐ Randy Herman's trial was actually
my first trial

that I ever sat on.

And I was sitting in the selection of it.

They were asking questions,

and people were raising their hands
saying, "Hey, I can't be in this."

But I ended up making it
through the whole process.

JUROR 2:
When you're on a jury,

you see stuff that you
normally would see on crime shows.

And then to see it in real life,
it is different.

It's not the same.

TV is gonna have actors.
This is real life.

MAN: If however,
there is no reasonable doubt...

‐ And the person sitting there,
you're deciding their fate.

‐ You're faced
with a grave responsibility.

Thank you, gentlemen.

JUROR 2:
And that's a big responsibility.

You have their family there

and if you get it wrong,
now you might have somebody

who's... holding you responsible
for not letting them go free.

Something very unusual was the fact
that he did admit it.

He knew. The police knew.
He did murder her.

RANDY: [over phone]
Just send the police.

It was me.

JUROR 1: I think everyone's heard
of sleepwalking, right?

But as to murdering somebody?

I mean, you always hear
about sleepwalking,

somebody doing something silly,

and then they would just get
pushed back to their bedroom

and say, "Okay, go back to sleep."

Did he have
the intention of killing her

or did he kill her on accident?

That's what we were trying
to get at between the two.

JUROR 2: I remember thinking
I'm just going to keep my mind open

and listen to all the facts.

I wasn't making
a judgment either way.

It was for them
to give us the facts

and let us decide whether or not
we believed that it could be sleepwalking.

DR. BRUCE: There seemed
to be really three possibilities.

One, that Randy is lying.

He did this, he remembers everything,
and he's lying about it.

The second possibility is
the possibility posed by his defense,

which is that he experienced
a parasomnia,

and the result of that
was that he had no consciousness

of what he was doing

and has no conscious recollection
of having done it.

And then of course
there's the third possibility,

that he may have done this

in an act of rage

triggered by the traumatic experience
of rejection.

And so, he has either
dissociated from it

or can't allow himself to own

what he does actually remember
about it.

♪

♪

NEWSREADER: In court,
Randy Herman, now 26, is on trial

charged with
a first‐degree murder

in Preston's stabbing death.

[crowd chattering]

[gavel banging]

JUDGE:
Ladies and gentlemen of our jury,

I'm now going to turn
to the people of the state of Florida

to make opening statements.

Ms. McRoberts, you may proceed
when you're ready.

McROBERTS: The date as you know
was March 25th of 2017

where this defendant
in the early morning hours

ended the life of a young woman

who had done nothing
to deserve it.

McROBERTS: Our initial intent
is to show to the jury

that despite what
the psychological experts will say

and his history
of his potential sleepwalking,

Randy had developed
an unnatural liking to Brooke.

She did rebuff him.
She was over him.

And she was done
with his behavior.

It wasn't more complex than that.

‐ We knew the state's contention
really was to exploit

a sexual angle in the case.

We know the night
before this happened,

Randy apparently was
in the room naked

and, uh, in the closet,

and that was something
that Brooke was not comfortable with.

[message notification chimes]

So we just kind of decided
to focus on the dynamics

of the relationship
between Randy and Brooke.

COURTNEY WILSON: Okay, Ms. Preston,
are you Brooke's sister?

‐ Yes.

‐ When Brooke's sister Jordan
took the stand for the defense,

it was kind of a surprise,

'cause normally you don't have
the family of the deceased

speaking in the defense's case.

‐ When did you meet Randy?

JORDAN: I was probably
around 15 years old.

‐ And was that down here
or somewhere else?

JORDAN:
In Pennsylvania.

‐ How did you meet?

‐ Uh, through mutual friends.

‐ She was very quiet.

Like she was hurt and afraid.

I mean, how could you not be?

WILSON: At this point, you've
known Mr. Herman for a few years.

‐ Yeah.

‐ Had he ever exhibited

any sort of romantic
or sexual interest in you?

‐ No.

WILSON: Any romantic or sexual interest
in your sister Brooke?

‐ No.

‐ And living together in the house,

you all were pretty close
and comfortable with each other,

is that accurate to say?

JORDAN: Yeah.
‐ Okay.

I'm going to publish, if I may,
what was printed in the evidence as‐‐

JUDGE: You may.
‐ Defense exhibit three.

Um...

do you recognize this picture?

JORDAN:
I don't remember it.

WILSON:
Okay. Are you in this picture?

JORDAN: Yes.
WILSON: Okay.

And who's the other person
in the picture?

JORDAN:
Randy.

WILSON: When you lived
with the one bathroom, were there times

when sometimes
you all would have to share

the bathroom like this,

maybe someone in the shower,
someone brushing their teeth,

things like that?
‐ Yes.

WILSON:
Was that pretty commonplace?

JORDAN:
Yeah, with courtesy to the other.

Like, knock and ask
if you can come in.

‐ Absolutely. And were there any incidents
where that courtesy wasn't respected?

JORDAN:
No.

‐ The photograph really just showed
the dynamics of living in a home,

two young women,
one young man, one bathroom.

It just showed
how comfortable they were

in different levels of dress.

They weren't like, you know,
strangers to each other.

They were all familiar
with each other.

‐ And now I'm going to turn
to Mr. Walsh

to call his next witness
on behalf of Mr. Herman.

WALSH:
I call Randy Herman.

‐ Alright, Mr. Herman,
why don't you come forward, sir.

WINSTON:
During a homicide trial, it is very rare

for a defendant to take the stand.

So when his attorneys announced
that he would be testifying,

it's definitely one of those
turning moments that juries hope for.

WALSH: I wanted the jury
to see Randy stand up

as, you know, small as he is,
tiny as he is,

walk up to the jury box,
and testify.

‐ My name is Randy Herman Jr.

My last name is spelled
H‐E‐R‐M‐A‐N.

WALSH:
Thank you.

How do you feel
this afternoon, Randy?

‐ I'm okay.

WINSTON:
You see this man,

who looks like
he could still be in high school.

You look at him in this suit
that's too big for him

and you're like, okay,
this is completely jarring.

'Cause you have other cases
where, you know, someone looks like

a stereotypical, you know, bad guy.

SCOTT: He was a little heavier set
at the time of the crime.

But he had lost weight.

He had a very boyish face.

Very small.
So with that type of defendant,

his attorney would want him
to get up there and speak to the jury

and‐and‐and sort of pull at the,
at the sympathy.

WALSH:
You called 911.

Did you tell them everything
you needed to tell them?

‐ Yes. Yeah.

‐ How do you feel about the fact

that Brooke Preston died that morning?

RANDY:
Terrible.

I don't know.

I don't know how to describe it.

That's all the questions I have.

JUDGE: Alright, Mr. Scott.
Cross‐examination.

SCOTT:
Thank you, Judge.

Me as a prosecutor,
I have to be very careful

as to not be too authoritarian.

Because then it's going to appear
as if I'm, you know,

beating up on this little boy.

But Randy Herman had
some difficult questions to answer.

You came to South Florida
from the city of Pennsylvania

because your life was
spiraling out of control.

Isn't that correct?
‐ That's correct.

‐ When you came to West Palm Beach
from late 2016

through March, uh, 2017,
the time of the murder,

you were still struggling
with addiction, correct?

RANDY:
That's correct.

‐ Your life was still
spiraling out of control?

RANDY:
It was.

CONA:
When Randy was in Florida,

he would call
every couple weeks or so.

He said he was happy.

He had a good job.
He loved it down there.

He was doing better
for himself.

But then I found out later
that he was just trying

to make it sound good
for me and Mom

because he didn't want
to let us down.

MAJCHROWICZ:
So, without that stabilizing presence

of his mother and sister,

you know, Randy, effectively was,
you know, left to his own devices.

RANDY:
Four months into my job,

I realized I wasn't really making
the pay I needed.

I was using a lot
of my inheritance

to kind of supplement my lifestyle.

So the day is finally over.

And I get my beer.

RANDY: I decided to take
some time off from work.

‐ I got to go back tomorrow.

‐ And that's when really
my drinking started to pick up.

‐ In terms of Randy's personal
and professional trajectory,

this is sort of where the train fell off
the tracks, so to speak.

RANDY: And I tended to take it
to the next level.

I was going out to bars nightly,

spending ridiculous sums of money,

and slowly my inheritance
started slipping away.

I got to the point where I'm partying
all night and sleeping all day.

‐ He told me, well, you know,
I'm straightening out now, Mom,

I'm going to get a job.

You know, I'll quit drinking.

I'm gonna, you know, get a job.

Okay, that's great.

So I let it go.
I didn't push it.

RANDY: It got to the point
where I wanted to stop

and I wanted to quit,

but I was kind of in this,
just like this cycle

where I was starting to get depressed
because of my drinking

and drug use

but at the same time,
I was drinking and using drugs

to kind of curb that depression.

SCOTT: After you awake
and you were talking to her,

she walked out of your room,

that's when you stabbed her
and killed her, right?

‐ I guess. I... I don't recall.

WALSH:
In murder cases like Randy's,

experts are very important,

because of the fact that it was
an insanity claim.

‐ Alright, Dr. Ewing,
please come forward, sir.

Hi, how are you?

‐ Good afternoon, Judge.

WALSH:
So, we hired Dr. Ewing.

Dr. Ewing, are you familiar
with what's known

as the Bonkalo Criteria?

‐ Yes. Uh,
a psychiatrist named Bonkalo

had done studies and reviews

of these sleepwalking cases

that eventuated in serious,
usually homicidal violence.

Dr. Bonkalo looked
at the characteristics

of those cases

and he came up
with 13, uh, criteria.

‐ The focus on the Bonkalo
was the most important thing

because it's the one
scientifically studied, objective thing

that we could get across
to the jury

that would prove
that Randy was sleepwalking.

DR. EWING:
The first criteria

is that the attack occurred
following an arousal

soon after sleep onset.

RANDY:
I went back to sleep.

Next thing I remember is, you know,
I'm standing over top of her

covered in blood,

and I'm holding a knife in my hand.

[camera shutter clicking]

McROBERTS:
She was stabbed over and over again.

In the face, in the neck,
in the stomach, in the back.

BURGER:
They were like family.

‐ Hey, Jordan.

BURGER:
They were like brother and sister.

DR. PRESSMAN:
The victim was not recognized at the time.

We know that sleepwalkers
don't recognize faces.

RANDY: I don't remember getting dressed,
I don't remember grabbing my keys.

You know,
everything was really hazy.

WALSH:
He had profound amnesia for the event.

RANDY:
I just don't remember anything. I just‐‐

CONA:
When we were younger,

I remember him getting up
in the middle of the night.

ADAMS: He has that look,
like a dazed look.

CONA:
I think he was sleepwalking.

DR. EWING:
The defendant actually called the police.

RANDY: [over phone] Just send the police.
It was me. I'm sorry.

DR. EWING: And reported not only
that there had been a homicide

but that he did it.

No sexual motive.

No financial motive
that I could discern.

RANDY:
Is she okay?

Please tell me.

RANDY:
Things were going downhill.

I would drink, you know,
almost nightly

to the point of, you know,
blacking out.

[engine revving]

WALSH: The night before this happened,
he had not gotten any sleep,

stayed up to watch the sunrise.

BROOKE'S MOTHER:
He was a mellow, mellow kid.

Never in a million years would think
he would be violent, no.

WALSH: We knew that
he had been using alcohol.

But what we learned was
the alcohol actually was something

that would put you
in a deeper sleep faster

so that you would be
more apt to sleepwalk

and do something like this.

‐ No question that he was drinking heavily
in the two days leading up to it.

JUROR 1:
It sat with me for a while.

I mean, I absolutely believed it.

This Bonkalo Criteria nailed it down

right to the T
of basically what he did,

you know, and the defense
did a great job

of showing that.

McROBERTS: We on the prosecution side
had one important thing

we wanted to talk about.

And that was the timeline.

SCOTT:
I want to narrow down my timeframe

from when she walked in
to when he leaves and calls 911.

We know that Brooke Preston
arrived at the home

based on the surveillance video
from across the street

at approximately 8:35 a. m.

We know that we see Randy
get into his car

at approximately 8:57,
and he drives away.

So based on that timeframe,
we know that Brooke was in the house

for approximately 22 minutes.

We knew that
he remembered her coming in

at approximately 8:35 a. m.

[clock ticking]

He said the shirt is over
in the drawer.

She got the shirt,

and they had a brief
back‐and‐forth discussion

that most likely took
a couple of minutes.

McROBERTS:
They hugged.

And she turned to leave.

And he said that's the last thing
he remembers.

SCOTT: We know from a gentleman
in the neighborhood who heard screams

that the attack takes place
approximately 8:49.

So sort of using that 22 minutes,

we just filtered back
and filtered back and filtered back.

He only had about five minutes
to go back to sleep.

So it seemed impossible to me

that he fell asleep in five minutes

and started sleepwalking.

McROBERTS:
The State will call Dr. Wade Myers.

SCOTT:
In this case, we need an expert

to help us explain to the jury

why the facts did not support
any type of sleepwalking defense.

They supported first‐degree murder.

‐ So you lay in bed
and then you fall asleep,

and then you go
into typically stage one.

Your brainwaves show a certain wavelength
called alpha waves.

And then you go
into stage two sleep,

which is a little bit deeper.

‐ Dr. Myers basically educated the jury

on the different stages of sleep.

‐ It's about an hour or two
after you go to bed

is when you go into deep sleep.

McROBERTS: And with regard to
the defendant's limited window of time,

could that have happened,
scientifically speaking?

‐ He's, uh, wide awake

minutes before the crime.

And you can't go from wide awake
to sleepwalking in,

in a matter of minutes.

McROBERTS: We know
that Randy admitted being awake

when Brooke got there.

He admitted speaking to her,
showing her where the shirt was

and giving her the hug.

So, if there's no minutes left
to get to sleep,

then he wasn't sleepwalking.

‐ Obviously the state is going
to use his statement

that he was awake at the time
when she arrived at the house

and they could say,
"Well, it would have been unlikely

that he had fallen into
a deep enough sleep to sleepwalk."

‐ Sleepwalking generally occurs
in the deeper stages.

DR. EWING:
I don't know if I would agree with that.

I see where you're getting at,
but it can occur,

um, in early stages as well.

‐ In other words,
not in the first minute or two

or ten minutes, fifteen minutes?

DR. EWING:
It could be. That's what I'm saying.

WALSH: And when Randy said that
he had this interaction with Brooke,

we really didn't even know
whether that was something

that actually had happened

or whether he kind of
had dreamed that.

‐ It's not clear to me

whether he was asleep
at that point.

It's possible that
he could have been awake,

and then he went back
to sleep immediately.

Uh, that's the way he recalls it.

It's possible though
that he never awoke.

‐ In my experience,
it's fairly common for defendants

to try and fill in the blanks
about what happened.

And they often fill in things
from just before or just after

or add things
that seem reasonable to them.

So, if Randy Herman is remembering
that she arrived

and that he told her
where the shirt was,

then the question is,
is this what he actually remembers

or is this what he thinks
makes sense to him?

WALSH:
Dreaming that interaction with Brooke

would mean that he was still sleeping
when the incident happened.

And if you believe
that Randy was sleepwalking,

then certainly you wouldn't believe
that he intended to do anything,

then how could you put somebody
in prison for the rest of their life.

‐ Folks, each side has made,
um, an argument

on what they believe
the facts showed in this case

and as officers of the court, I'm sure
that everyone has done that in good faith.

However, it's up to our jury to decide
what the facts of this case are.

‐ Sleepwalking is a very tough pill
for a lot of people, I think, to swallow,

and it's very tough, I think,
to have 12 people agree to that.

‐ Folks, in just a few moments,
you'll be taken

to the jury room
by the courtroom deputy

for your deliberations.

Even if you do not like the laws
that must be applied,

you must use them.

And on behalf of both
the state of Florida

and on behalf of Mr. Herman,
I want to thank you

for those efforts.

‐ By the time
that the trial ended,

we got back
into the deliberation room,

we sat down,

it was almost just a,
not a sigh of relief

but a sigh of, wow,
let's get this information out

and start talking
about this right now

because we've all been holding it in
and we want to let it out.

So, we started blaring words out.

‐ Some of the men jurors
were very vocal

the minute we went back
to the room

and were saying things like, "Well,

if that was my daughter,
I would have killed him."

[all clamoring]

JUROR 1:
It seemed like it was split,

so then that's when we started
going through evidence.

So the hunting knife
by his bed,

something like that

is not out of the norm
here in Florida.

JUROR 2:
There were toy handcuffs,

but we didn't give it any weight.

The prosecution
was trying to tie it in to

that he had romantic feelings
towards her.

And there was the incident
where he was in the closet.

[message notification chimes]

I know that spooked her.

But they had been drinking all day.

It was a stretch for them to try to say
that there was some sexual feeling

between Randy and Brooke.

‐ We're five hours into this thing.

But there were still a few jurors

on the fence
about the sleepwalking.

We had multiple people saying,

"How long was it for him
to get in this deep sleep?"

So that's why we went
through the timeline

of when Randy Herman texted her

to the time when she pulled up
to the house

to the time that we thought
she got murdered.

RANDY: At the time, I'm waiting in a cell
underneath the courthouse.

Just waiting,
just watching the clock

till they come up with
what the verdict's going to be.

It felt like a lifetime.

‐ When we get the call
from the bailiff

the jury has a verdict,

that moment it really starts.

You get the nervous.
You get the butterflies.

So, when the verdict is read,

the courtroom is just silent.

[gavel bangs]

‐ I'm going to have
Mr. Herman please rise

to receive our jury's verdict.

JUROR 3:
We, the jury, find as follows:

as to count one,
we find the defendant

guilty of first‐degree murder
as charged in the indictment.

So say we all
this eighth day of May 2019

in West Palm Beach,
Palm Beach County, Florida,

signed jury foreperson.

‐ That timeline that we drew up,
and we drew it,

we had all the text messages.

We had time
when she pulled in,

when he pulled out.

And after that timeline,
everyone was on the same page.

Wasn't enough time for him to be
in this, this deep sleep

to cause sleepwalking.

‐ Alright.

[sighs]

Randy Allen Herman, Jr.,

a jury of your peers, having found you
guilty of first‐degree murder,

I sentence you to life imprisonment
without the possibility of parole.

♪

♪

REPORTER:
Tears and hugs among the victim's family

as the jury found
Randy Herman guilty

of first‐degree murder
in the stabbing death

of 21‐year‐old roommate
Brooke Preston.

Brooke's father, John Preston,
after the verdict.

‐ There's no winners
in this whole situation.

Everybody's losers.

ADAMS:
I feel bad for him, the father.

'Cause I know he's grieving.

I don't know
what to say about Randy.

But I'll stand by him till the day I die.

DR. PRESSMAN: Sleepwalking occurs
anywhere from one to four percent.

One percent of 300 million people,
that's still a lot of people.

And potentially anyone
can be a sleepwalker.

‐ There is, I think,
a growing concern

about the impact
of sleep disruption.

As we move into a society

riddled with interrupted sleep,

we're going to see more and more
of these kinds of problems emerge.

♪

[buzzer sounds]

‐ You know, I've‐‐
since I've been in, in jail

I've tried to sit down
numerous times

with a pen and piece of paper

to, to try to reach out,

to try to tell them how sorry I am.

But it's just,

you know, it's difficult.

You can't really write out in words.

You can't tell someone you're sorry
for, for something like that.

It just seems like
those words just don't‐‐

they're just not enough.

You can't say‐‐ you say sorry
if you make a mistake.

This is something far more.

So, you know, I've tried to reach out
but I don't know

how to quite put that into words.

♪

McROBERTS: Unfortunately,
in a lot of cases, we don't get to know

so much about the victims,

because they are silent now.

But the entire Preston family,

friends, extended family,

so many people reacted.

It was quite moving.

♪

♪