In this episode of Come Back With a Warrant, criminal defense attorneys Monica Ishak and Brandon Dinetz break down the Randy Herman case, the Palm Beach County murder case featured in Hulu’s documentary Dead Asleep. The case centered on one unusual and controversial defense: sleepwalking.

Monica and Brandon discuss the death of Brooke Preston, Randy Herman’s confession, the defense theory that he may have been sleepwalking, and why the case ultimately turned on questions of intent, timeline, forensic evidence, and whether the sleepwalking defense was reasonable under the facts.

Unlike many murder trials where the defense argues mistaken identity or lack of proof that the defendant committed the act, the issue in this case was different. Randy Herman admitted that he was the person standing over Brooke’s body with the knife, but claimed he had no memory of the killing. That meant the defense had to focus on whether he was conscious, aware, and capable of forming the intent required for first-degree murder.

Monica and Brandon analyze the key facts from the case, including the 25 stab wounds, the surveillance footage, the text messages, the neighbor who heard screams, the timeline between Randy and Brooke’s interaction and the killing, and the prosecution’s argument that there was not enough time for Randy to fall into the type of deep sleep required for the sleepwalking defense.

They also discuss the defense expert, how juries evaluate what is “possible” versus what is “reasonable,” and why the State’s trial strategy was effective. Instead of arguing that sleepwalking as a defense was impossible or ridiculous, prosecutors focused on the facts of this case and why the evidence did not support that theory.

This episode also touches on trial strategy, reasonable doubt, premeditation, motive, intoxication, emotional rage, jury perception, courtroom appearance, and how criminal defense attorneys decide which defense theory gives a client the best chance at trial.

Topics Covered

Randy Herman case
Brooke Preston case
Hulu Dead Asleep documentary
Dead Asleep case breakdown
Sleepwalking murder defense
Sleepwalking criminal defense
Palm Beach County murder case
Florida murder trial
First-degree murder defense
Intent in murder cases
Premeditation in criminal law
Reasonable doubt
Possible vs. reasonable defense theories
Criminal defense trial strategy
Forensic timeline evidence
Surveillance footage in criminal cases
Text messages as evidence
Neighbor witness testimony
Confession in a murder case
No memory defense
Criminal intent and consciousness
Sleepwalking expert testimony
Defense expert cross-examination
25 stab wounds evidence
Overkill in murder cases
Motive in murder trials
Rage killing theory
Intoxication and criminal defense
Jury perception
Courtroom appearance and bias
Defendant clothing at trial
Public defender trial strategy
Palm Beach County criminal defense
Florida criminal defense podcast
Monica Ishak
Brandon Dinetz
Come Back With a Warrant 🎧 Leave us a 5 Star Review! Follow us for legal hot takes, episode updates, and a peek into our lawyer lives. 📺 YouTube: @ComeBackWithAWarrant.Podcast
📸 Instagram: @ComeBackWithAWarrant.Pod
🎵 TikTok: @ComeBackWithAWarrant.Pod
Find us everywhere and join the conversation! Subscribe to our newsletter for episode guides and latest pod updates: https://come-back-with-a-warrant-podcast.kit.com/fe483fdf18 📞 Need help with a DUI case in West Palm Beach?
Contact The Ishak Law Firm or BD Law to discuss your options at (561) 316-8433 or (561)398-4683.