BRIDGETON, N.J. -- A judge is considering a request to set aside the child-endangerment conviction of a man who said his chronic sleepwalking caused him end up in bed with his girlfriend's teenage daughter. Jonathan Hutchinson, 34, was convicted in August of three counts of second-degree child endangerment and acquitted of 11 other charges, including the more serious count of sexual assault.
Prosecutors had alleged Hutchinson climbed into bed with the girl and sexually assaulted her on at least three separate occasions between January 2001 and January 2002.
Hutchinson didn't deny being in bed with the girl, but claimed he was sleepwalking at the time and had no idea how he got there once he awoke.
Hutchinson's lawyer, John Morris, argued Friday that jurors were not correctly charged and that his client could not have endangered the girl because he was sleepwalking. Morris also pointed out that Hutchinson was cleared of the physical abuse charges he faced at trial.
Details here from Newsday.com.