GA - Accused Molester Blames Sleepwalking

Give me a freaking break!

PAULDING COUNTY, Ga. -- A Paulding County man accused of sexual battery said he was walking in his sleep when the incident happened. And his lawyer said you don’t have intent to commit a crime if you’re asleep.

Scott Axleburg is on trial in the Paulding County Courthouse for aggravated sexual battery. The defense has said that you cannot be guilty if you don’t know what you’re doing.

"And when I woke up, Scott Axelburg had his hands down my pants," said the babysitter.

A then 16-year-old girl described a night three years ago when she was babysitting overnight so the defendant and his family could get an early start to his son’s baseball tournament and she would be there with his toddlers.

As she slept on the couch, she said Axelburg woke her up with his hand in her pants. She said that she jumped.

"He got up off his knees and he buttoned both buttons on his shorts and zipped up his pants and walked into his bedroom," said the girl.

When a detective questioned Axelburg on videotape, he denied anything happened at first.

"I didn’t do that. I didn’t do anything," said Axelburg.

He also said he had sleepwalked on occasion. His attorney talked about a time at a motel. (more at link)
http://www.wsbtv.com/news/13368549/detail.html

Yeah right- sure

Now I have heard it all. Wow

What crappy exscuse will they come up with next?

Oh, please.

Eventually, Axelburg said he woke up and found himself touching the girl.....As she slept on the couch, she said Axelburg woke her up with his hand in her pants. She said that she jumped.

"He got up off his knees and he buttoned both buttons on his shorts and zipped up his pants and walked into his bedroom," said the girl.

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let me see if i got this right. a grown man is sleepwalking and wakes to find he is committing the sick crime of sexual assaulting a 16 year old so he goes back to bed with out a word to any1. whats wrong with you guys. totally credible...:banghead: :banghead: :banghead:

White Rain said:

Give me a freaking break!

PAULDING COUNTY, Ga. -- A Paulding County man accused of sexual battery said he was walking in his sleep when the incident happened. And his lawyer said you don’t have intent to commit a crime if you’re asleep.

Scott Axleburg is on trial in the Paulding County Courthouse for aggravated sexual battery. The defense has said that you cannot be guilty if you don’t know what you’re doing.

"And when I woke up, Scott Axelburg had his hands down my pants," said the babysitter.

A then 16-year-old girl described a night three years ago when she was babysitting overnight so the defendant and his family could get an early start to his son’s baseball tournament and she would be there with his toddlers.

As she slept on the couch, she said Axelburg woke her up with his hand in her pants. She said that she jumped.

"He got up off his knees and he buttoned both buttons on his shorts and zipped up his pants and walked into his bedroom," said the girl.

When a detective questioned Axelburg on videotape, he denied anything happened at first.

"I didn’t do that. I didn’t do anything," said Axelburg.

He also said he had sleepwalked on occasion. His attorney talked about a time at a motel. (more at link)
http://www.wsbtv.com/news/13368549/detail.html

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"there is no intent to commit a crime if asleep" so if you guys don't see me AROUND for a few months just know I robbed the ATL federal bank, also Wells Fargo, so I am on vacation for awhile! Wish you were here!" Damn I sleep hard!!!!!!!!!!!!!!!

:laugh:

White Rain said:

"there is no intent to commit a crime if asleep" so if you guys don't see me AROUND for a few months just know I robbed the ATL federal bank, also Wells Fargo, so I am on vacation for awhile! Wish you were here!" Damn I sleep hard!!!!!!!!!!!!!!!

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Take me with you, I sleep like a log, too. In fact, I think I *EAT* in my sleep, yeah, that must be it. I'm a big fat sleep eater, I'm convinced of it!

After watching Dateline it amazes me at the lame excuses sex offenders come up with. What's sad is sometimes people actually believe them.

Wonder how many times he's sleepwalked (sp) and ended up in his children's rooms?

Hey, I wonder if the credit card company would believe me if I said I had made all those charges while sleep walking?

Georgia Sleepwalker Found Guilty of Aggravated Sexual Battery

http://www.foxnews.com/story/0,2933,275397,00.html

This is right up there with "the dog ate my homework." Glad he was convicted.

My husband is a sleepwalker. Usually I'll find him sitting somewhere nearby like the edge of the bed or the edge of the soaker-tub or the edge of one of kids beds and I coax him back to our bed, it's been a long standing joke that he's half sleepwalker and half sleepsitter. Ha ha.


Not so funny anymore, last week he woke up down the street , 3:00 AM!!!. He came home to find our front door wide open and one of our cats outside, he said he ran straight up the check on the kids and me and was totally FREAKED out. He had to travel this week and will have to block the door with a chair and other things. Not sure if he turned off the alarm or we hadn't set it. Poor guy, he said it was very frightening to wake up outside in the pitchblack.

Anyhoo, all the reading I've done says sleepwalkers are only a danger to themselves, just avoid being argumentative with them.


Anybody have any sleepwalker advice or stories? Sorry if this seems off topic. I'm just relaying what I know and the sex assault while sleepwalking is BS.



Jubie

guess this guy should hope his cell mate dont sleep walk....

sherri79 said:

guess this guy should hope his cell mate dont sleep walk....

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Ooh, good one!

jubie said:

My husband is a sleepwalker. Usually I'll find him sitting somewhere nearby like the edge of the bed or the edge of the soaker-tub or the edge of one of kids beds and I coax him back to our bed, it's been a long standing joke that he's half sleepwalker and half sleepsitter. Ha ha.


Not so funny anymore, last week he woke up down the street , 3:00 AM!!!. He came home to find our front door wide open and one of our cats outside, he said he ran straight up the check on the kids and me and was totally FREAKED out. He had to travel this week and will have to block the door with a chair and other things. Not sure if he turned off the alarm or we hadn't set it. Poor guy, he said it was very frightening to wake up outside in the pitchblack.

Anyhoo, all the reading I've done says sleepwalkers are only a danger to themselves, just avoid being argumentative with them.


Anybody have any sleepwalker advice or stories? Sorry if this seems off topic. I'm just relaying what I know and the sex assault while sleepwalking is BS.



Jubie

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I have sleepwalkers and sleeptalkers and one who does both.....they have done some incredible things.

When John was 3, we discovered him outside at the end of the driveway at 3am, yelling "Somebody, please help me!" He was asleep, having a nightmare and living it out. We had to install deadbolts on all the doors, way up high where John couldn't reach them, and I just prayed and prayed that if they ever HAD to get out, in case of a fire or some emergency, that God would make sure they got out.

As they aged, we've had to deal with the sleepwalkers thinking they are walking to the bathroom, only to discover they've peed in the corner of a closet or something....one gets up and cooks. Talk about scary! It's 2 in the morning and I wake up smelling bacon, and there is my kid, almost naked in the kitchen, frying bacon and carrying on a conversation with someone only he sees. If you come across these young men, they appear to be awake but "disconnected" somehow. When you engage them in conversation, it is immediately obvious they're sleeping, because their responses don't match up with the actual conversation.

ONE time, my 22 year old was sleepwalking and in a very combative dream---this is the same kid from the driveway incident--he was swinging his arms and fighting. It was pretty scary, but we managed to guide him back to his room.

I know I'm not going to have a popular position on this subject, but I can totally believe the man was sleepwalking. He should have dealt with the situation when he became aware, instead of ignoring it, but I can even understand why he did that, because my boys are VERY disoriented when they are awakened during a sleepwalking incident.

Scott Axleburg (aka Axelburg)

Housed: Coffee Correctional Facility
Incarceration Begin Date: 08/28/2007

Offense: Aggravated Sexual Battery
Sentence: 12 years

Maximum Possible Release Date: 05/17/2019
Tentative Parole Month: Not Allowed in this Case

like i said in other thread on this subject, i never do anything in my sleep that isnt something i would do when im awake.

so even if he was actually sleepwalking, to me he was just doing what he would do while awake anyways

2008 Ga. App. LEXIS 1187,*;294 Ga. App. 612;
669 S.E.2d 439;2008 Fulton County D. Rep. 3630

AXELBURG v. THE STATE.

A08A0814.

COURT OF APPEALS OF GEORGIA, SECOND DIVISION

294 Ga. App. 612; 669 S.E.2d 439; 2008 Ga. App. LEXIS 1187; 2008 Fulton County D. Rep. 3630


October 31, 2008, Decided



SUBSEQUENT HISTORY:

Reconsiderations Denied November 18, 2008. Cert. Applied For.
Writ of certiorari denied State v. Axelburg, 2009 Ga. LEXIS 108 (Ga., Mar. 9, 2009)
Writ of certiorari denied Axelburg v. State, 2009 Ga. LEXIS 114 (Ga., Mar. 9, 2009)

PRIOR HISTORY:

Aggravated sexual battery. Paulding Superior Court. Before Judge Vinson.

DISPOSITION: [*1]

Judgment reversed.

COUNSEL: Christopher J. McFadden, for appellant.

Fred A. Lane, Jr., District Attorney, William R. Pardue, Anthony Volkodav, Jr., Assistant District Attorneys, for appellee.

JUDGES: PHIPPS, Judge. Barnes, C. J., and Johnson, P. J., concur.

OPINION BY: PHIPPS

OPINION

Phipps, Judge.

Michael Scott Axelburg was convicted of aggravated sexual battery against a teenaged babysitter who was spending the night at his house. His defense at trial was that he did not have the requisite intent to commit the crime, because the underlying act occurred while he was sleepwalking. n1 On appeal, Axelburg argues that the trial court erroneously admitted into evidence a video recording and transcript of his police interrogation, contending that the interrogation occurred in violation of his Miranda rights and also that it erroneously presented to the jury the interrogating officer's negative comments concerning Axelburg's credibility and sleepwalking defense. He also contends that the trial court erred in applying the rule of sequestration to his sleepwalking expert. For the reasons set forth below, we find no Miranda violation and no error in the court's application of the rule of sequestration. We find, however, that the court should have required the redaction of certain of the interrogating officer's comments from the recorded interrogation and transcript, and for this reason we reverse [*2] Axelburg's conviction. Because we find that the evidence was sufficient to support the verdict, the case may be retried. n2

BBM - More at link:
http://www.lexisone.com/lx1/caselaw...=eUWf.EWIa.UYGT.DbXC&searchFlag=y&l1loc=FCLOW

I'm going to go see if I can tell if it was re-tried.

ETA: He is still incarcerated. So, either they already retried him or they are hanging on to him pre-trial.

Jeez! Reversed because it was evident on the tape that the police didn't buy his sleepwalking BS?? This poor girl must be soooooo PO'd!!