Sleepwalking Defense Used Successfully
Client Found Not Guilty On All Charges
It had been 156 years since a sleepwalking defense had been successfully used in Massachusetts until Attorney Raipher D. Pellegrino, a founding partner of Denner Pellegrino, L.L.P., was able to convince a jury that his client lacked the necessary specific intent to be found guilty of acts he actually committed. His client was charged with 18 counts ranging from breaking and entering with intent to commit a felony to indecent assault and battery with intent to rape. The District Attorney's office filed motions to prevent Attorney Raipher D. Pellegrino from presenting evidence and arguing to the jury that his client was sleepwalking at the time of the offenses charged. After consulting numerous sleep experts at leading educational facilities, such as Harvard and hospitals throughout the United States. Attorney Raipher D. Pellegrino sought out and was able to retain one of the leading sleep specialists in the United States as an expert witness for the defense.
Before trial the judge held an extensive hearing to determine the scientific relations of the sleepwalking defense. At the conclusion of the hearing, Attorney Raipher D. Pellegrino was able to successfully argue the scientific reliability of sleepwalking as a defense and was allowed to pursue evidence and argue it at trial. At trial, Attorney Raipher D. Pellegrino was able to explain the complicated scientific evidence to the jury as it related to multiple incidents involving the Defendant which resulted in 21 criminal charges. The jury returned verdicts of not guilty on every single criminal charge.
Attorney Raipher D. Pellegrino argued at trial that his client was sleepwalking on the night in questions and therefore lacked the necessary criminal intent to be found guilty. In doing so, Attorney Raipher D. Pellegrino was recognized by Massachusetts Lawyers Weekly as lawyer of the year for his innovative and successful use of the sleepwalking defense.
Result: Not guilty of all charges.
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