11. America’s First Sleepwalking Defense Was a Sham
People in a somnambulistic state are capable of complex actions. However, Albert Tirrell’s failed attempts at setting fire to the brothel after the murder are clear indicia that he sought to destroy evidence of his crime and cover his tracks. Such actions demonstrate that he was well aware of his actions and their consequences. Thus, his sleepwalking defense was a sham: sleepwalkers do not try to destroy evidence of their crimes.
Tirrell was probably guilty of the murder of Maria Bickford, and almost certainly guilty of the attempted arson of the brothel and the consequent attempted murder of its occupants, or at least the reckless endangerment of their lives. Today, it is highly unlikely that a defendant in similar circumstances would be acquitted on a sleepwalking defense.
