Sleepwalker Kenneth Parks, who 10 weeks ago faced charges of first-degree murder of his mother-in-law, attempted murder of his father-in-law and fraud, has walked out of court, at least for now, a free man.
Justice David Watt of the Supreme Court of Ontario, citing a jury`s decision last month to acquit Parks on a reduced charge of second-degree murder in connection with the death of his mother-in-law, has formally dismissed charges that he also had attempted to murder his father-in-law.
Parks` lawyer, Marlys Edwardh, had successfully argued at the murder trial that Parks was sleepwalking when he killed his mother-in-law, Barbara Ann Woods, early on May 24, 1987.
She was asleep on a bed that she shared with her husband in their Scarborough town house.
The attack left Mrs. Woods dead from stab wounds and Woods bleeding from the head.
Evidence at the murder trial showed Parks had driven 15 miles from his home to the Woodses` home. Shortly after the attacks, Parks, his hands bleeding, surrendered to police.
The findings of the murder trial represented the only evidence at the attempted-murder trial.
Since the verdict had established that Parks, 24, was sleepwalking because of a sleep disorder when he killed Mrs. Woods, the government had to prove that this was not also the case when he attacked her husband.
Edwards, however, argued that the evidence leads to the conclusion that the sleepwalking covered both assaults. Any awakening between the attack on Mrs. Woods and her husband is nothing more than speculation, she said.
Judge Watt agreed, ruling that the state had failed to establish ”beyond a reasonable doubt” that Parks was aware of his actions.
Parks` wife, Karen, was in the courtroom throughout his trials.
The state already has appealed the verdict in the murder trial, arguing that Watt erred when he ruled that Parks` sleep disorder was not a disease of the mind.
About an hour after leaving Watt`s courtroom, Parks appeared before District Court Judge Ted Wren to plead guilty to fraud charges and receive a three-month suspended sentence.
Prosecutors contended that Parks defrauded his employer, Revere Electric Inc., of $30,452.38, putting the money into his bank account and gambling it away at the race track.
Evidence at the murder trial indicated that Parks also had depleted his family`s savings and borrowed from a finanace company to feed his gambling habit.
Parks has sold his home to make restitution to his employer.
