DURHAM -- A judge ruled that the jury can now consider second degree murder in the Joseph Mitchell murder trial.
Mitchell claims he was sleepwalking when he suffocated and killed his 4-year-old son back in September 2010. He also tried to strangle his two older children but fought back. He then locked himself inside a room and repeatedly tried to stab himself. Prosecutors argue financial stress led him to sleepwalk.
On Friday, court picked up with the continuing testimony of Dr. George Corvin. The psychiatrist backed up the defense's claim Mitchell was sleepwalking.
"I think he was in an altered state of consciousness that rendered him unaware of extensive specific behaviors," he said.
The prosecution then presented its rebuttal case and called up its own psychiatrist who met with Mitchell in the hospital shortly after his son's death. Dr. Grace Thrall said that Mitchell admitted he was suicidal but then denied that claim in follow up interviews, adding he doesn't remember anything that night. He only remembered going to sleep and then waking up in the hospital.
Mitchell also admitted that he was under heavy financial pressure but was never violent toward his family. Thrall said she then diagnosed him with depression.
Mitchell is charged with first degree murder and two counts of attempted first degree murder. On Friday, the defense asked the judge if the jury could consider a lesser charge of second-degree murder and involuntary manslaughter. The judge agreed on the second-degree murder but rejected the request for involuntary manslaughter.