Moderator at 11:30am ET
Mr. Toobin is with us live. Welcome Jefrrey, good to have you with us.

Jeffrey Toobin at 11:31am ET
Good morning everyone, good to be here.

Jackson Lancashire from [205.246.56.49] at 11:31am ET
Mr. Toobin would the sleep walking plea be similar to a plea of insanity?

Jeffrey Toobin at 11:32am ET
That’s a good question. The sleepwalking defense is similar but not identical. Both pleas are based on the idea that the defendant lacked the necessary “intent” to commit the crime.

peter ilvento from stamford7.ct.pub-ip.psi.net at 11:32am ET
Can this defense really hold up in court? Why?

Jeffrey Toobin at 11:34am ET
This defense works rarely. In every case the prosecution must prove both an act by the defendant and his/her intent to commit the crime. Here, the defendant has conceded that he committed the act, but he is contesting whether he had the required intent.

Jeffrey Toobin at 11:35am ET
Another good question. The issue is voluntariness. If you are drunk, you are presumed to have some control over your own actions. But the sleepwalking defense asserts that the defendant acted in a completely involuntary way.

Jeff Glass from dialup.mindspring.com at 11:35am ET
Has the sleepwalking defense ever been used before?

Jeffrey Toobin at 11:36am ET
The most famous, successful use of the defense came in Canada, when a defendant claimed that he was sleepwalking when he drove his car 14 miles and killed his mother-in-law. He was acquitted. Amazing case.

Karen from waynesby.com at 11:37am ET
If the prosecution can prove that Falater knew that what he was doing was wrong when he was doing it--hiding evidence, acting evasively, wouldn’t that put an end to the defense’s arguments?

Jeffrey Toobin at 11:38am ET
Absolutely. The whole issue in the case is whether Falater knew what he was doing. If he did, he is clearly guilty.

Krista from [12.5.228.126], at 11:38am ET
Did he have any past history of psychiatric problems? Was he on any medication?

Jeffrey Toobin at 11:40am ET
No. The best argument the defense has in this case is the apparent absence of motive. There was no history of domestic violence, no other woman, and no clear reason why Falater would want to kill his wife.

JoAnn Lynch from [208.197.193.25], at 11:40am ET
Is there any way of determining whether the claim of "sleepwalking" is for real, or is it merely a "stab" at a defense?

Jeffrey Toobin at 11:41am ET
You’ve put your finger on the central issue of the trial. The jury is going to answer your question.

Liz from [206.33.158.133] at 11:41am ET
Do you think that in the court of public opinion, which is less than sympathetic to insanity pleas, will find this plea ludicrous?

Jeffrey Toobin at 11:42am ET
In a word, yes. I think the most common reaction to this kind of reaction to this defense is, give me a break.
But I do believe that a defendant should be allowed to raise the issue, and let the jury decide if it has merit.

Jack Westney from [159.69.250.254], at 11:43am ET
Were there extenuating circumstances? For example, did the couple fight that night or was this murder seemingly out of the clear blue?

Jeffrey Toobin at 11:45am ET
There were suggestions that the couple differed about how active to me in the Moron church. But it did seem that the defense did a good job of saying that this was basically a happy marriage and the prosecution’s response was fairly effective, which is to say that no one really knows the secrets in any marriage.

M.G. from [208.26.204.140], at 11:45am ET
If it’s found that he was sleepwalking, would he get off without any punishment or would there be some sort of involuntary manslaughter penalty?

Jeffrey Toobin at 11:46am ET
The amazing thing about this case is it appears to be an all or nothing defense. First degree murder or he walks out the door.

zach from doc.state.nc.us at 11:46am ET
Mr. Toobin, What would it take to wake a sleepwalker up? Surely this woman screamed or something when she saw what was happening or going to happen.

Jeffrey Toobin at 11:47am ET
This was a big issue at the trial. The defense said sleepwalkers can be violent if they are awoken suddenly. The prosecution responded that the complexity of Falater’s attack on his wife was such that he couldn’t have been asleep.

Tiffany from [134.192.205.28], at 11:48am ET
Has the possibility of multiple personality disorder been raised? A book called Alias Grace, based on a similar theme, alludes to this as a possibility.

Jeffrey Toobin at 11:48am ET
That defense has not been raised in this case and I think that is even a tougher sell then sleepwalking.

Anthony in Kentucky from [199.77.100.142], at 11:49am ET
This man was very meticulous in the way he cleaned up after the crime and hid evidence. If he was "asleep," how could he be so deliberative in trying to hide evidence of the crime?

Jeffrey Toobin at 11:50am ET
You have hit on the best prosecution argument in the case. The defense tried to explain away his hiding of evidence, but I imagine the jury will find that claim a very tough sell.

Norris from [206.230.1.102], at 11:50am ET
I understand that when a person is sleepwalking their subconscious is acting on their feelings they might have for the subject...for example deep down inside he really wanted to kill her. Is this true?

Jeffrey Toobin at 11:51am ET
To be honest, I don’t know enough about sleepwalking to answer your question. I think there is some debate in the medical community about the issues you raise.

Karrie Balwochus from [208.251.19.168], at 11:52am ET
Does the defendant have a history of sleepwalking? Has he seen experts on this condition in the past?

Jeffrey Toobin at 11:52am ET
He has never gone for treatment, but there was some suggestion that he had sleep walked in the past. But there had certainly never been any violence connected with that.

Laura from [206.215.31.172], at 11:53am ET
What other possible explanations/scenarios (besides sleepwalking) could his his defense team suggest to the jury?

Jeffrey Toobin at 11:53am ET
You have hit on a big issue in the trial. It may be that this was a last resort.

Ericka from [204.253.5.30], at 11:54am ET
How could you sleepwalk for such a long period? Is it possible!

Jeffrey Toobin at 11:55am ET
I think the defense did make a pretty good case that someone can sleepwalk for a very long time. But they had a tougher time saying that someone could do so many, different complex things.

Jeff Glass from dialup.mindspring.com at 11:56am ET
Will Mr. Falater collect any life insurance from his wife’s murder?

Jeffrey Toobin at 11:56am ET
There doesn’t appear to be a financial motive for this crime.

John C. from corwinlaw.com at 11:57am ET
To convict this guy doesn’t there have to be mens rea?

Jeffrey Toobin at 11:57am ET
Mens rea is just another term for criminal intent which is just the central point of the case.

Lisa from [128.248.90.106], at 11:57am ET
What will happen to the children if Mr. Falter is convicted?

Jeffrey Toobin at 11:58am ET
I think they staying with relatives.

M.G. from [208.26.204.140], at 11:58am ET
What is the current state of this case? Has it gone to the jury or are there still more arguments going on?

Jeffrey Toobin at 11:58am ET
The jury is deliberating now.

Moderator at 12:00pm ET
Thank you all for joining us today. Unfortunately, that is all the time we have. Thank you for all of your questions and thank you for your time, Mr. Toobin.