a north carolina father was acquitted of strangling to death his 4 year old son and trying to kill his other two children after the defense successfully argued that the man's 'violent sleepwalking' was to blame for the tragedy a jury on wednesday decided unanimously that joseph anthony mitchell is not guilty of murder and attempted murder after an expert witness said he was effectively unconscious at the time of his attacks four years ago jurors had asked superior court judge james roberson if they could consider a lesser verdict of manslaughter, but the judge said it was all or nothing: murder, or not guilty scroll down for video  breakdown: christine perolini, second from left, is comforted by friends and family on wednesday after her ex husband, joseph anthony mitchell, is found not guilty of killing their four year old son  sleepwalking defense: mitchell's attorney argued that his client (left) was not conscious of the night of september 22, 2010, when he strangled to death his 4 year old son, blake (right) desperate cry: reacting to the verdict, the grieving mother exclaimed in court: 'i failed i couldn't save him' devastated: christine perolini was so stunned by the ruling that she hyperventilated and had to be wheeled out on a stretcher  mitchell, 50, sobbed after the shocking verdict, but made no comment as he walked out of court a free man his ex wife, christine perolini, was so stunned by the ruling that she hyperventilated and had to be wheeled out on a stretcher surrounded by her family reacting to the verdict, the grieving mother exclaimed in court: 'i failed i couldn't save him [blake]' mitchell testified that he was in financial distress and had not been sleeping well around the time of 4 year old blake mitchell's death in september 2010 prosecutors said those financial difficulties drove mitchell to strangle the toddler and try to kill the others mitchell's 13 year old and 10 year old children testified in court that they fought him off but a defense expert said mitchell's stress and lack of sleep likely resulted in 'non rem parasomnia,' a sleep disorder whose sufferers can perform random acts unconsciously because of this disorder, he was incapable of exercising criminal intent, the expert said a psychologist who testified for the prosecution after repeatedly interviewing mitchell said he had no mental condition that would have left him unconscious during the attacks, and that he must have consciously planned them mitchell's trial lasted a month but it took the jury less than four hours to return a not guilty verdict following mitchell's acquittal, some members of the jury panel spoke out saying that they did not believe the sleepwalking defense, but their hands were tied prosecutors said extreme financial difficulties drove mitchell to strangle the toddler and try to kill his two older children  emotional: mitchell, 50, sobbed after the shocking verdict  he left the courtroom a free man  daddy's boy: a defense expert said mitchell's stress and lack of sleep likely resulted in a sleep disorder whose sufferers can perform random acts unconsciously  including killing his son  speaking to the station wral, one juror said she was ‘embarrassed’ to be a part of this case and compared the experience to being 'dragged into someone else's nightmare' the woman said that she and her fellow jurors had no choice but to acquit blake mitchell's killer of first degree murder ‘we would have definitely convicted him of manslaughter,’ the juror said ‘we felt like our hands were tied’ referring of mitchell, whom the prosecution painted as a serial liar and a man desperate to get out of a financial bind, another juror said: ‘i didn't believe one word out of that man's mouth' the general opinion on the jury panel was that the prosecution had to prove malice and intent to get a conviction on a first degree murder charge, but they failed to do it during the month long trial, defense attorney jay ferguson asked judge james roberts to allow the jury to consider an involuntary manslaughter conviction, but his request was denied alexis mitchel (top right), now 18 years old, said in court that her father tried to push her head between her bed and a wall while wearing a halloween mask she fought back and survived, as did her other brother, devin (far left) free man: joe mitchell is pictured here wednesday evening leaving left the jail accompanied by his lawyer and carrying several garbage bags filled with his possessions  mitchell has never denied strangling his son blake on the night of september 22, 2010, at the family's foreclosed home in hillsborough, north carolina, but his attorney argued that he did it uncontrollably and without malice while sleepwalking prosecutors described how joe mitchell tried to push his daughter's head between her bed and a wall while wearing a halloween mask the girl fought back and survived, along with her brother devin, reported abc11 blake, however, was not as lucky alexis mitchell, now 18 years old, said in court she passed out and was later awakened by her baby brother's screams ‘i remember seeing my father on my other little brother [devin], and i tried to get him off of him,’ alexis testified ‘he was trying to hurt him i ran to my mother’s room and told her what was happening, and she told me to go get my brothers’ when alexis returned to her siblings’ room, she picked up blake in her arms, not knowing he was dying the teen said she thought the toddler was asleep at around 6pm wednesday, joe mitchell left the jail a free man accompanied by his lawyer and carrying several garbage bags filled with his possessions defense attorney jay ferguson told the station the acquittal is bittersweet for the 50 year old man, who has no money and no home after spending four years behind bars he added that it is his client’s wish to reunite with his ex wife and surviving children
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