Friday 15 April 2011

The Scott Falter Case

In 1997 another Phoenix man, 43-year-old Scott Falater, was accused of
murdering his wife. On the night of January 16, 1997, neighbor Greg Koons saw
Mr. Falater hold his wife's head under water. Not clear on what was going on,
but having heard screaming, Koons called the police. The police arrived to a
gruesome crime scene -- a bloodied pool and Mrs. Falater dead with 44 stab
wounds. Scott Falater, present at the crime scene, with blood on his neck and
band-aids on his hands, was brought to the police station to undergo
questioning. He denied any knowledge of the brutal murder and thus began his
celebrated sleepwalking defense. Police video from the night of the murder shows
Falater saying he is unaware why he is being questioned.
Like Steinberg before him, Falater claimed he had been sleepwalking at the
time of the murder. Also like Steinberg, he acknowledged the murder, but said he
remembered nothing about what happened; he was asleep at the time. "He was
sleepwalking at the time the event occurred and he had no consciousness
operating in his mind at the time, in fact, his brain was, in fact, asleep,"
said defense attorney Michael Kimerer during opening statements at the murder
trial.
Prosecutor Juan Martinez told a Maricopa County Superior Court jury that
Falater "had an agenda" when he stabbed his wife, Yamila, 44 times. According to
the prosecution, the defendant changed clothes and placed his bloodied clothing
along with the murder weapon -- a hunting knife -- in a Tupperware container. He
then put the container in a trash bag with his boots and socks and stashed the
bag in the spare tire well in trunk of his car. After he killed her he took ...
all of the items that showed that he was the person that actually killed her and
he hid them," said Martinez. Prosecutors said when police searched Falater's
Volvo, they found "one neat little package" of evidence, including the gloves.
In this case there was also an eyewitness: his neighbor. After hearing
moaning, the neighbor saw Falater pull on gloves, drag the body over to the pool
and roll it in. He said he saw Falater hold his wife's head under water and then
the neighbor called 911.
Defense attorneys did not dispute that Falater killed his wife of 20 years
and the mother of his two children. But Attorney Kimerer said the evidence would
show that Falater should be acquitted because he was sleepwalking when the
murder happened.
Dr. Rosalind Cartwright, a sleep disorder expert who examined Falater, said
it was possible. "Sometimes they hurt themselves. Sometimes they hurt other
people. But this is a state in which they are confused. They're not conscious.
They think something terrible is happening and they have to defend themselves
so, often, they will fight," she told CNN.
The defense argument was that sleep tests conducted on Falater showed he fit
the profile of a sleepwalker and had a history of sleepwalking. Kimerer said
Falater was undergoing severe stress related to his job as a product engineer at
Motorola, sleeping only two or three hours per night at the time.
As the defense explained it, Falater returned home from work on the night of
January 16, 1997, had dinner with his family and tried to fix a faulty pool
pump. After getting his tools -- including the knife -- and work clothes out of
the Tupperware container in the trunk of his car, he decided to do the repair
later, Kimerer said. Kimerer said Falater went to sleep exhausted. His
explanation for what happened next was that Falater was trying to fix the pool
pump as he was sleepwalking and reacted in a rage when his wife came across him.
Kimerer called Falater's actions after the killing "nonsensical and illogical,"
which he said were typical of a sleepwalker.
Testifying after opening arguments, neighbor Koons said Falater's motions
appeared fluid and natural. Kimerer said Koons stated before the trial that
Falater appeared "robot-like and mechanical," but Koons denied he used those
words.
The prosecution and defense also portrayed differing views of the
relationship between Falater and his wife. Prosecutors hinted at marital discord
over the family's Mormon religion, with Yamila wanting to be less involved with
the church. The defense, however, said the two were "soulmates" and there was no
discord at all in the marriage.
At the trial two experts backed his story. Then on June 16, 1999 Falater
testified on his own behalf. Falater was asked about the gloves he put on after
he stabbed his wife but before he dragged her body to the pool. Would he have
thought to wear gloves if he were sleepwalking? On the other hand, if this were
premeditated, wouldn't he have put them on before the stabbing?
On June 18, 1999 a prosecution expert testified that Falater's actions were
"too complex" to have been carried out during sleepwalking.
On June 25, 1999 the jury returned its verdict: Guilty of First Degree
Murder. On January 10, 2000 Scott Falater was sentenced to life imprisonment
with no chance of parole.

9 comments:

  1. Tom Falater donated much of his time and money to the charity muscular distrophy association. Thank you to Thomas Falater and his work on behalf of Jerry Lewis and MDA.

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    1. Yes, Tom does a lot of work for MDA. I saw him at a fundraiser in San Diego, he was the top earner there. What a wonderful gesture. Thank you Thomas William Falater.

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  2. Isn't this about Scott Falater? Who us Tom? Scott murdered his wife and claimed he was sleepwalking yet he then said his wife startled him while fixing pool. It's all a BS story to get him off a murder charge.

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  3. I'm a sleep walker......my entire life I have been. I would punch my husband while sleeping and never remember a thing. I have broken bones from sleep walking and falling down stairs and I would get back in bed and wake up in the morning in pain. I would be afraid to sleep at night worrying I would hurt my children. It's horrible to be a sleep walker. I believe this man was sleep walking when he killed his wife. You would have to be a sleep walker to understand how it could happen.

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  5. Just rewatched the Scott Falater case in Forensic Files. I wouldn't have liked to be a juror in that case, because it seems impossible to be completely sure. Even though his actions were complex, they didn't make much sense, they were sloppy and not done in a very logical order... on the other hand, maybe he was a little sloppy on purpose to make it seem like he was sleepwalking.

    It's not absurd to believe someone would murder a partner during a sleepwalking episode, but to believe they would take all the steps Falater took during the event is a different story. Not even the experts seemed to agree!

    I think another big problem the defence had was proving that Falater was, in fact, a sleepwalker. His Polysomnography test was consistent with sleepwalking, but not enough to prove that he was a sleepwalker; the defence had to rely on Falater's family members' testimonies to prove that.

    I am inclined to admit the possibility that he was sleepwalking, which raises reasonable doubt. But I could be convinced of the opposite by a good prosecutor.

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  6. Its really a shame. I believe from different documentaries and reading that there is reasonable doubt....but as one comment states, a good prosecutor can convince otherwise.
    For me, I have watched trials and crime documentaries my whole life, followed crime and trials as well. One thing I have learned is that truth gets twisted and prosecutors hide truth as much as any criminal attorney out there. Evidence either way gets withheld, ruled inadmissable etc... you flat do not get the whole truth in a trial.
    For me, it would be a very rare occurence to believe everything I hear at trial from either side and I would be inclined to err on the side of innocence unless direct evidence, tangible evidence, irrefutable evidence could convince me otherwise.
    In this case, where opinion is differing from experts, there is always reasonable doubt.

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  7. I beleive he could have been sleep walking they said he couldn't of silenced the dog because he wouldn't recognize the dog, when I was younger I use to sleep walk and my parents caught me in the garage trying to kill my dig with a hammer, my parents even asked me what I was gdoing and I said trying to kill Muffins, my dog! And I have no memory. They also stated Scott changed clothes to much. I also use to change my clothes when I would sleep walk. They said they only monitored Scott for 4 days to see if he was a slrep walker but I didn't sleep walk every day just sometimes. But when I did I font remember anything I ever did and my parents always had a crazy story to tell me what I had did.

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