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RICK STOUT
gets this week's (and probably this year's) award for most unusual trial. Client charged with three counts of lewd molestation against biological teen-aged daughter in same household. Nothing unusual about that. But, the defense at trial was no intent because he was SLEEPWALKING when the acts occurred. Tried to the court, Judge Chuck Black of Oklahoma County. ADA was Sarah McAmis and Gayland Gieger (who actually tried the case). Client had well-documented history of sleepwalking and bizarre behavior while sleepwalking, was otherwise normal and respectable citizen, and actually turned himself into the cops even though he could not recall what he did (daughter understandably distraught). Rick wanted to waive jury and was able to convince the State to waive by agreeing to allow the PH testimony of the complaining witness as evidence without her actually having to testify. Client testified and did very well, told the same consistent story. Expert witness called by the defense was Dr. Mark Pressman out of Philadelphia, PA, who is apparently the guru on sleep and according to Rick made an excellent witness. Excellent enough to sway Judge Black and walk Rick's client out of the courtroom. Rick reports that the State reserved several questions of law, including whether such a defense is legally cognizable in Oklahoma, but it is uncertain whether the State will appeal these issues (how often does this come up?). Congrats to Rick on defending a case using a defense that many lawyers probably would not want to present--and winning.
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