Like a Bad Dream | Criminal Podcast | Forensic Files

Let's talk about the day in March of 2011. Um maybe just kind of very detailed step-by-step what you did
right, you know, that evening where you'd been and and then what the day had been like.
Gosh, I remember it so vividly. Um so I had actually the night before um I had returned from a trip um at the Pentagon
where I was working on a a large project with the government. Um I was jet-lagged. I was exhausted. I'd gotten
in really late. Um so the next day I I remember sleeping in. I remember doing some things around the house and then I
went to fill my prescription. Um after I did that, I remember making myself a nice dinner.
Lindsey Schweigert lived in a house in St. Louis. After dinner, she says she went to bed
early around 8:00 p.m. Lindsey's roommate got home a few hours later. First thing he noticed was that my
garage was up and the car was gone. I never left my garage up, ever. You could get right into the house that way. It
was late at night. I would never do that. Second thing he noticed, the dog was gone. And then he went into the
bathroom and the water in the bathtub was overflowing. I am not a bath person. I cannot tell
you the last time I've taken a bath. He thought something might have happened to Lindsey, like she'd been kidnapped.
He called the police. And when he called a second time, they told him Lindsey was in jail.
Lindsey says the last thing she remembers is falling asleep in her bed. When she woke up, she didn't know where
she was. I remember being cold and wet. And then I remember being in the back of
the police car in handcuffs. An officer told her she'd been driving and hit another car.
Apparently, she'd refused to take a breathalyzer test and she'd fallen three times when she was instructed to walk in
a straight line. It was raining. I don't remember driving. I don't remember getting in my car. I was like,
I just went I went to bed. I mean, I was so out of it. I mean, if you even look at the mugshot from later, my eyes are
just my my sweatshirt was on backwards. Um I was completely disoriented. Lindsey's dog was in the backseat of her
car. They were less than a mile away from her house, outside of a Steak 'n Shake she
liked to go to. I remember being frantic with the officer cuz he he said that he's going
to send my animal to the dog shelter. He took Lindsey to jail. Who did you call? My brother. And what
did you say? I told him, I have no idea what just happened to me, but I'm in jail and
Tyson is at the dog pound and we have to go save my dog. Lindsey was let out on bail.
After her brother picked her up, they found her dog at the pound. They drove back to Lindsey's house.
And her roommate told her what he'd seen. The open garage, the bathtub overflowing.
Since Lindsey didn't remember what had happened that night, she wondered if at one point she might have had something
to drink. She didn't really think so, but she and her roommate checked. They went through
the whole house, including the trash, and didn't find any sign that she'd been drinking.
But she had taken a sleeping pill. For more than 10 years, Lindsey had been having trouble sleeping.
Her doctor prescribed her pills to help. And every so often, the medication would
stop helping and her doctor would switch her prescription. Trazodone, Lunesta, then Ambien, and the generic version of
Ambien, zolpidem. Its warning label does include a long list of potential side effects, kind of
in fine print as they always are on these medications. Under the extremely rare category, the
drug now does warn that it can lead to strange behavior and abnormal thinking. And it specifically warns that you might
get out of bed while not being fully awake and do an activity you don't know you're doing. The next morning you may
not remember you did anything during the night. I'm Phoebe Judge. This is Criminal.
In November of 1937, an article appeared in a Sunday newspaper magazine called the American Weekly.
It described a detective named Robert Ledru, who 50 years earlier was sent to a city on the coast of France to
investigate a case of sailors who'd gone missing. He arrived there, he went to sleep, and the next day he went to
introduce himself to the local police force, and they said, you know, hold the phone, actually a far more serious
offense has been committed overnight. Somebody has been murdered. Ramya Nagash is a lawyer in the UK.
A man had been found on the beach. He'd been shot. His belongings seemed untouched, so it
didn't look like a robbery. There were some footprints found around the beach where this person had been
killed, and they took plaster casts of the footprints, and he looked at the footprints and said, "Oh, these look
really familiar." And by all reports, he spent the whole afternoon kind of staring at these
footprints, refusing to interview witnesses, and looking more and more troubled, and then he announced he knew
who had killed this man and retired to his room. And the next day the sort of chief of police
says, you know, we've recovered the bullet that killed the man, and he says, "Great, that will be the final bit of
evidence I need. So, he took the bullet, opens his own revolver, sees that one bullet is
missing, and compared them and said yes, this is the bullet that fits into the revolver. And he said, I've solved the
case. I am the person who killed this man. And um he said that he had killed this man, but
he had done it whilst asleep. Robert Ledru was put in jail. To make sure it was possible that he
could have killed someone in his sleep, the police gave him a gun full of blanks
to sleep with. And one night, he got out of bed and shot at a guard, still asleep.
The American Weekly reported that he was diagnosed with homicidal somnambulism, caused by overstraining his mind,
and that he spent the remaining 50 years of his life on a farm, sleeping in a room with bars, under police
supervision. It's a case of the truth being almost stranger than fiction, I think.
You know, I've never I don't think I've ever sleep walked in my life. I actually I think that's one of the
reasons I got so interested in it when I was a child, I used to sleepwalk. I used
to wake up near the front door with the keys in my hand. So, clearly I was trying to escape or something in my
sleep, but um for over 20 years now, I've had an interest in the relationship between sleepwalking and committing
crimes. People can do quite a lot of actions whilst they're asleep. It's not just kind of mindlessly walking around.
They can go up and downstairs, they can drive cars and open doors and and things
like that. In one case, a woman woke up and saw a garden ax sitting on her nightstand. It
hadn't been there when she fell asleep. As she was texting her partner, she noticed messages from the night before
that she didn't remember about hearing voices and seeing things and getting the axe from her tool shed
for safety. Another time, in Australia, a woman woke up holding a paintbrush, and then saw that she had apparently
painted her front door in her sleep. There are stories of people waking up to find their furniture rearranged, or
waking up feeling sick and realizing that during the night they'd eaten raw eggs, even the shells,
uncooked rice, cat food, and cigarettes with butter on them. Doctors have described patients who get
dressed in things they wouldn't normally wear, going out in 20° weather hardly wearing
anything. What's the strangest thing that you've heard of someone doing while asleep? Oh
gosh, I heard of a case where a man would every night, he was sleeping on the ground floor, that bedroom was on the
ground floor, he would lift his wife up and put her outside. So, he would open the
window, lift his wife up, and put her outside in the grass, and she'd wake up in the grass sort of covered in dew or
whatever, and her reaction was simply to put a mattress out there. So, that's quite strange.
At one time, people who sleep walked were called noctambuli or night walkers. Some believed that they were possessed.
Sleepwalking is something that's been known of for centuries. I mean, anyone who's studied Macbeth in school
knows that Macbeth's wife sleep walked having been involved in in the murder in that in that play,
and was said to kind of wash her hands out of guilt. Quote, "Her eyes are open, but their
sense is shut." People sort of had this idea that if you were sleepwalking, you were maybe acting
out your dreams. In 1859, an officer on patrol in London heard yelling coming from an apartment
window. It was after 1:00 in the morning. It was a woman's voice shouting, "Save
my children." He heard a crashing sound and realized someone from the apartment had thrown
something through a pane of glass above him. They hadn't opened the window, they'd thrown something through that
glass. The woman shouting had thrown one of her children through the window. An 18-month-old.
The baby was taken to a hospital with head injuries, but survived. The mother was charged with attempted
murder. She told police that she'd thought that there was a fire. She'd been dreaming
that there was a fire and she was trying to save her family. She had no previous convictions.
Everybody said that she was a good mother, and her story that she'd been asleep at the time that she threw her
baby out of the window was unheard of in England at the time. So, then there was a debate between sort
of the prosecution and the judge as to how they should proceed. And the judge, you know, wasn't really
having any of it at first. He said, "Well, you know, she was probably drunk. If I let her go now," he said, "she
might go back to her family and throw another one out." He said, "If I were to allow her to go at large,
it would be opening a very wide door. A man might set fire to his house and say it had been done while he was
dreaming. It would be a most dangerous plea to establish." But, um, her solicitor pushed for there
to be no charge in the case, and eventually the judge allowed her bail. Ultimately, there was never a trial in
the case, and so effectively her defense had been successful. A grand jury had refused to send the
case to trial. It was the first time in the UK, as far as we know, that someone had
successfully defended themselves in court by claiming to be asleep. But Romyanagash says most sleepwalking
doesn't involve dreaming at all. There is a condition called REM sleep disorder where you can act out your
dreams, but that's more rare than sleepwalking, which happens in a different stage of
sleep when you're not dreaming. And so people don't tend to act out their dreams.
Two scientists working at the world's first sleep laboratory at the University of Chicago
discovered REM sleep cycles in the 1950s. One of them, Nathaniel Kleitman, had started the lab and he often
experimented on himself. Once he spent more than a month 150 ft underground in a cave with a graduate
student to see how the complete darkness would affect their sleep. Another time he stayed awake for 180
hours to see what would happen. Since then scientists have also studied sleepwalking attributing it to the brain
waking up too quickly from a kind of very deep sleep called slow-wave sleep. It also seems genetic.
Now people generally are very aware of it. There was sort of an explosion if if you
like of of sleepwalking cases relatively speaking in the early 2000s and mid-2000s. I think that's when it really
started becoming something that people realized could lead you to commit crimes and therefore
could be a defense. In 1987, a 23-year-old man named Kenneth Parks arrived at a police station in
Toronto in the middle of the night. He had blood on his hands and said, "I think I've killed some people."
He was a married man. He had a history of sleepwalking. And at the time of the incident in
question, he'd been under extreme financial stress. Kenneth Parks had become addicted to
betting on horse races. He was losing money and started spending his family savings and embezzling money
at work. He was caught, fired, and had to put the family house up for sale. One day, Kenneth went to a Gamblers
Anonymous meeting and made plans to tell his wife's family about the problems he
was having. That was a Wednesday. He resolved to tell them on Sunday. The night before, he fell asleep on the
couch watching Saturday Night Live around 1:30 a.m. The next thing he remembered was seeing
his mother-in-law's face. He was in her house, 14 miles away. She looked frightened.
We'll be right back. To listen without ads, join Criminal Plus. The Toronto police started putting
together what happened after Kenneth Parks fell asleep on his couch. Here's Ramya Nagash. He rose from his
bed, he walked out of his house, got into his car, and drove 23 km to his parents-in-law's house.
Once inside their house, he armed himself with a kitchen knife and he brutally attacked his parents-in-law.
By all accounts, he was very close to his parents-in-law. This wasn't one of those sort of stereotypical, you know,
jokes where somebody has animosity with their parents-in-law. He was very close with them.
And the attack was so severe that actually it it left his mother-in-law dead. He'd killed his mother-in-law by
stabbing and his father-in-law did survive but was very badly injured. At the police station, Kenneth became
aware of injuries to his hands. He'd cut them very badly during the attack, severing tendons.
He was taken to a hospital. An emergency room doctor who saw him noted that he seemed sad, remorseful,
and perplexed. At first, doctors thought he might have had a psychotic episode or been on
drugs. But he said he only occasionally drank and almost never did drugs. And that night, he did neither.
And he didn't have any history of psychosis. Eventually, Kenneth was sent to a sleep
specialist. At first, the sleep specialist was skeptical that he could have committed
the crime entirely while asleep. But Kenneth had sometimes sleepwalked as a child. Once he almost went out a
window. And sleepwalking ran in the family. In jail, Kenneth's cellmates noticed
that he would sometimes sit up in bed with his eyes open, mumbling but unresponsive, seemingly asleep.
The jury in the case agreed that Kenneth Parks had been sleepwalking when he killed his mother-in-law.
But the judge had to decide whether sleepwalking fell under the defense not guilty by reason of insanity
or something else called non-insane automatism. Non-insane automatism is effectively
when your body is doing something but your mind isn't in control of it. And an example
used in law school is you're driving along in your car, you've got the window down because it's a hot day, you don't
have very good air conditioning, and a swarm of bees flies into your car, and it they encircle your head so that you
lose control, and you crash into somebody on the sidewalk. That's an example of what we call
non-insane automatism, because your mind isn't in control of what your body's doing, but you're not insane. You're not
suffering from a medical condition. So, the judge directed the jury at trial that um
if they were satisfied that he was sleepwalking at the time, they could acquit him entirely. So, no punishment,
no conviction on the basis that he was suffering from non-insane automatism. And the jury came back and duly
acquitted him. The prosecution appealed, and the case went to the Canadian Supreme Court.
The Supreme Court considered the matter in some detail, and decided that actually the original judge was right.
And they set out some principles for considering cases of sleepwalking and how it should be characterized by the
courts. The court used a test to determine whether a condition could be considered
insanity. There are two aspects to it, and one is whether or not the person poses a
continuing danger. And the second is whether or not the cause of the defect is internal or external.
And they really kind of focused on the continuing danger aspect, because on the medical evidence, Kenneth Parks was
highly unlikely to commit such an offense again whilst asleep. And so, they said well, effectively in
shorthand, they said there's no real point in finding him legally insane and sending him to hospital, because there's
nothing they can do for him. And so, he was fully acquitted and went on to kind of live his life quite quietly after
that. But, that decision really made shockwaves nationally and internationally, because it was the
first time in modern history that somebody had committed such a brutal offense and been completely cleared of
any responsibility because they'd been asleep. So, that's where we're left, and I think
that's why it exercises the public imagination so much, and the public say, "Well, hang on a minute, somebody's died
here, and we know who did it, but we can't say anything more than that, we can't do anything about it."
Romain Aggash says that in many cases where someone commits a violent act while sleepwalking,
they don't have any history of violence. And secondly, of course, the criminal law is based on
punishment and rehabilitation of people who have consciously chosen to do things
that are harmful to others or contrary to our kind of societal morals, and the difficulty is in sleepwalking, we lose
our ability to control what we're doing. Today, there are experts who work specifically on what some call sleep
forensics, which includes trying to identify the signs of sleepwalking. They will interview the defendant, they
will sometimes conduct sleep studies, which is where somebody goes into a hospital, they fall asleep in a
hospital, they spend the night in hospital, but they're hooked up to all sorts of machines which monitor their
breathing, their heart rate, their activity, their brain waves, and then they determine, based on their
history and the sleep study, the likelihood that they could have been sleepwalking at the time. So,
it's not an easy defense, it's not something that people can just fall onto and say, "Oh, I was asleep."
Nine years after Kenneth Parks was first acquitted, a man named Scott Falater, who lived in Phoenix, Arizona, was
arrested and charged with murdering his wife, Yarmila. A neighbor had called 911 during the
night. He said he saw Scott Falater throw Yarmila into the pool in their backyard
and hold her head under the water. When police arrived, they found Yarmila Falater dead in the pool. She'd been
stabbed many times. Scott was upstairs. He said he was confused and had just woken up.
He said Yarmila had asked him to fix their pool filter. And that the last thing he remembered
was going out to try to fix it at about 9:00 p.m. When he came back inside, he said
Yarmila was asleep on the couch. And that he kissed her and went upstairs to sleep.
At trial, Scott Falater tried to claim he was sleepwalking. However, prosecution experts said, "Well, there
are several things that tend against that." The neighborhood called the police. Said
that he'd noticed Scott Falater motioning at his dog. The dog was barking and he saw Mr.
Falater saying telling the dog to lie down and be quiet. The neighbor also described seeing Scott
Falater put gloves on before he rolled Yarmila into the pool. And police found bloody clothes and a
hunting knife in the back of Scott's car. Scott Falater's family said he had a history of sleepwalking.
But the prosecutor said he, quote, did not fit the mold of a sleepwalker. Because when we're sleepwalking, we can
commit a great deal of actions. We can cook, we can get dressed, we can drive, and we can attack somebody. But we can't
do things that require complex, intelligent thought. So, concealing a crime, trying to tell your dog to be
quiet to conceal your crime, is evidence of a more intelligent, sort of complex thought. The fact that Scott Falater had
been seen motioning his dog to be quiet, and then the fact he'd also hidden his clothes and the hunting knife in the
back of his car, were said to be indicators that he'd been thinking about the crime and how to cover it up.
And so they said, "Well, that's not something you would do whilst you're asleep." You're right, because if you
don't know what you're doing, you don't care that your clothes are bloody. Exactly. Yeah, you don't have the
ability to think, "Oh, my clothes are bloody. I better hide them in case the police come." That takes a lot of if we
think about it, that takes quite a few steps of thought. You have to think, "Well, the clothes are bloody. Secondly,
that will implicate me in a crime. Thirdly, if the police see my bloody clothes, they'll realize I've committed
this crime. Fourthly, how am I going to hide it?" When you're sleepwalking, you're very objective focus. So, you you
might think, for example, um I want to cook something, so I'm going to cook it, and you do it. Uh I want to
get to this place, so I'll drive to this place. So, it's a much more simple thought.
Scott Falater was found guilty of first-degree murder and given a life sentence.
We'll be right back. The year the Canadian Supreme Court reviewed Kenneth Parks' sleepwalking
case, the FDA approved a new pill for insomnia, Ambien. The most popular sleeping pill then,
Halcion, had been linked to suicide and psychosis, and had been banned by the UK
and several other countries. In a few years, Ambien became a best-seller. At first, the fine print warned that it
could cause abnormal thinking, strange behavior, and hallucinations. It said sleepwalking was possible, but
unusual, affecting one in a thousand people. But then, people started to tell stories
of taking Ambien, going to sleep, and waking up to see emails they didn't remember writing,
receipts for things they didn't remember buying, and wrappers from food they didn't
remember eating. In April 2001, newspapers reported that R.E.M. guitarist Peter Buck had been
arrested at Heathrow Airport. He was traveling from the US to London to take part in a concert
on a British Airways flight and he took an Ambien sleeping pill at the start of the flight. He did drink a lot of wine.
Apparently, he was topped up 15 times or so. And then during the flight, he starts
attacking staff. So, it started off a little almost comically as he had a a pot of yogurt and a spoon in one hand
and he was sort of throwing them around and people got sprayed with yogurt. But then he tried to open an exit door in
the plane and wrestled with a member of the cabin crew who was stopping him. The
captain of the flight gave him a yellow card, which was something British Airways had it um
incorporated for people who were creating disturbances. So, it's effectively saying this is your last
warning. He ripped it up in the captain's face and said, "Who the hell are you? I'm a member of R.E.M. blah
blah blah." He upended a serving trolley. And so he really caused chaos. So, when
he they landed in the UK, he was taken to trial for various offenses, assault, criminal damage, and so on. And he said
he was sleepwalking and he was in a state of non-insane automatism. And interestingly, experts testified that
Ambien could actually produce these side effects. And the fact is that when he took that
sleeping tablet, he could not have reasonably foreseen that it would produce those side
effects, that it would make him violent in his sleep. Most people know that if you drink a
lot, there's a it's reasonably foreseeable that you could become aggressive. It's not in the same way reasonably
foreseeable that if you drink a lot and go to sleep, you could sleepwalk and commit a violent act. In relation to
Ambien, it follows the same So, if somebody takes Ambien and falls asleep, that's the expected
effect. What's not expected is that they'll sleepwalk then and stab somebody or commit an offense.
And so, he was acquitted. It probably helped that he had numerous character witnesses coming to court talking about
how he was a really gentle man and this was really out of character and he'd never do anything like that in his right
mind and so on. A few years later, in 2006, US Congressman Patrick Kennedy was seen
speeding in the wrong lane of traffic on Capitol Hill in the middle of the night.
He hit a curb and then ran into a traffic barrier. He told the police that he was on his
way to vote. But the house was not in session. Later, he said he was disoriented
because he'd taken an Ambien. That year, a study found that the number of car crashes caused by people on
Ambien was going up. A group of people filed a class action lawsuit against Ambien's manufacturer.
One plaintiff was a woman who'd been arrested for shoplifting DVDs and a candle from the Navy base where she
worked. Others found themselves sleep eating or driving after they'd taken Ambien.
In March 2007, the FDA began requiring a stronger warning on the Ambien label and told the manufacturer to let doctors
know about the risk of sleep driving. That year, the generic equivalent of Ambien came out, zolpidem.
Manufacturers added a similar warning and millions of people started taking it, including Lindsay Swigert, who just
started a new prescription the day she was arrested in 2011. Lindsay was charged with a DUI and for
running a stoplight. As for the car she hit, no one was hurt and the damage was minor.
Lindsay says the repair cost something around $450. I was facing 6 months in jail and then I
was that that is the criminal side, but then there's the Department of Revenue side. That's like the DMV, the driver's
license side. Lindsay's lawyer argued that what had happened was a known side effect of
Ambien. She ended up pleading guilty to a lesser charge, careless driving, to avoid jail
time and her license was suspended for a year. She also paid thousands of dollars in
legal fees. Is it still hard to believe that you were able to do all of that while
asleep? I mean, that's that's the seems terrifying. It is so terrifying and I mean,
I really I think the other silver lining I took from it is at least I didn't hurt
somebody. Um, talk about never being able to sleep again. She says she hasn't taken Ambien or
zolpidem since. Criminal is created by Lauren Spore and me. Nidia Wilson is our senior producer.
Katie Bishop is our supervising producer. Our producers are Susanna Robertson, Jackie Sajek, Lily Clark, Lena Sillison,
and Megan Canain. Our engineer is Veronica Somenetti. Julian Alexander makes original
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I'm Phoebe Judge. This is Criminal.

One day in 2011, Lindsey Schweigert’s roommate came home to an open garage, a missing dog, and an overflowing bathtub. Lindsey remembers waking up in police custody.

Ramya Nagesh is the author of A Practical Guide to Insane and Non-Insane Automatism in Criminal Law – Sleepwalking, Blackouts, Hypoglycaemia, and Other Issues (https://www.lawbriefpublishing.com/product/insaneandnoninsaneautomatism/).

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Episode 347 originally published January 9,2026. https://thisiscriminal.com/episode-347-like-a-bad-dream-1-9-2026/

Music in this episode: “Heather” by Blue Dot Sessions “Trois Gnossiennes” by Blue Dot Sessions “Sprig Leaf” by Blue Dot Sessions “Helnes” by Blue Dot Sessions “Tanguedo” by Blue Dot Sessions “Castillo” by Blue Dot Sessions “Levin and Harper” by Blue Dot Sessions “Coquelicot” by Blue Dot Sessions “A Minor Etude” by Blue Dot Sessions

Brief Summary

Lindsey Schweigert shares her sleepwalking incident leading to a DUI, while Ramya Nagash discusses legal cases involving sleepwalking and its implications.

Key points

Lindsey's Mysterious Night. Lindsey wakes up in jail with no memory of the night before, leading to shocking discoveries.
The Case of Robert Ledru. Detective Ledru confesses to murder, claiming he was asleep during the act.
Kenneth Parks' Sleepwalking Defense. Kenneth Parks is acquitted of murder after claiming he was sleepwalking during the attack.
Scott Falater's Trial. Scott Falater claimed sleepwalking as a defense, but evidence suggested otherwise.
Ambien's Dark Side. Ambien became a best-seller despite warnings of sleepwalking and strange behaviors.
Peter Buck's Incident. R.E.M. guitarist Peter Buck was arrested after a chaotic flight under Ambien's influence.

Episode highlights

Episode quotes

I just went to bed. I mean, I was so out of it.

Lindsey's disorientation after waking up in the police car.

2:06WatchJun 26, 2026

Tension

65/ 100Some tension

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