Defense Blames Stabbings on Sleep Disorder : Trial: Herman Cegers was virtually asleep and befogged by alcohol when he attacked his son and sister, mistaking them for burglars, lawyer argues.

Herman Cegers said he was in a deep, sound sleep on floor cushions in the living room of his Oceanside apartment when he suddenly awakened in the predawn hours of Sept. 16 after someone stepped on his foot.

The 45-year-old man awoke startled and thought strangers had broken into his home. Unconsciously, virtually asleep and reeling from the effects of a heavy night of drinking hours before, Cegers said, he grabbed two large kitchen knives and confronted the three invaders, stabbing two of them--one in the back, one in the shoulder--before driving the three out the front door.

On Tuesday, a Vista Superior Court jury began deliberating whether Cegers should be convicted of attempted murder for attacking his 25-year-old son and his 43-year-old sister. If convicted, he could be sentenced to a maximum of life in prison with the possibility of parole.

Deputy Dist. Atty. Walter Donovan argued to the jury Tuesday that Cegers had “lost his cool” and deliberately attacked his sister, his estranged son and the son’s girlfriend. Cegers had kicked out his son, Charles Cegers, and his girlfriend, Naomi Zayas, the night before after the younger couple had spent several weeks living in the apartment that was rented by the elder Cegers and his common-law wife, Willie Mayes.

The elder Cegers had a hot temper, Donovan said, and his behavior that morning last September was consistent with his earlier threats to kill his son.

But the defense claims that Cegers suffered from mild sleep apnea--a stopping of breathing during sleep--the symptoms of which, when coupled with the effects of the liquor, put Cegers in a virtually unconscious state that saw him react physically, but without thought, toward the perceived intruders after he was abruptly awakened.

People unconscious of their acts--such as those suffering from a delirious fever, or in convulsions or, as in this case, on auto-pilot after a deep, alcohol-influenced sleep--are legally excused of their actions, defense attorney Barbara McDonald told the jury.

The question of whether Cegers was conscious of his attack was put Tuesday before the jury, which began its deliberations late in the day after hearing lengthy instructions from Superior Court Judge Charles Hayes.

The jury heard testimony from Merrill Mitler, director of research at the sleep-disorder center at Scripps Clinic in La Jolla, that indeed Cegers suffered a mild form of sleep apnea, based on jailhouse testing after his arrest.

Among the symptoms of sleep apnea, which is more likely to occur when coupled with the effects of alcohol, are confusion and disorientation upon awakening, Mitler told the jury last week.

Without specifically diagnosing what Cegers may have suffered last September, Mitler said persons afflicted with sleep apnea can perform “automatic behavior”--physical activity that may reflect no sense or reason.

That’s exactly what happened in September, defense attorney McDonald told the jury on Tuesday. The elder Cegers and his adult son had an on-and-off relationship that soured--again--the night before the incident; his son and his girlfriend were ordered out of the house and went to the home of Diane Head, the elder Cegers’ sister.

The three spent the night drinking and complaining about Herman Cegers. They decided to go back to Cegers’ apartment sometime around 5 a.m. because of a misplaced $7. The door was locked, and they had no key, so the three got into the apartment through a window, according to trial testimony.

At that point, according to testimony, Willie Mayes was awakened and started talking to the three. The discussion became contentious, but Herman Cegers slept through it, his defense attorney said.

After a few minutes, someone stepped on his foot and Cegers woke up. “We expect he was in a deep sleep,” she said, noting that Cegers’ blood alcohol level was measured several hours later at 0.18%--or more than twice the level of legal intoxication--and was probably 0.24% at the time of the incident.

Cegers went after the three with both knives held high. It remained somewhat unclear how the two victims were stabbed in the fracas.

Charles Cegers suffered a collapsed lung after he was stabbed in the back. He was hospitalized for several days. Head suffered a flesh wound on her shoulder, was treated at a nearby hospital and released.

“His eyes were blinded by sleep and by the blood alcohol level,” McDonald said of her client. “And, if you’re unconscious, you can’t be held criminally responsible. He was not fully conscious. He was on automatic behavior.”

Sleep apnea or not, Cegers was “justified in protecting himself and his house if he perceived he was under attack,” she said. “He didn’t chase them out of the door. When they were gone, they were gone.”

McDonald scoffed that her client was charged with first-degree attempted murder.

“Did he have a chance to premeditate it? He reacted with fear,” she said. “He didn’t realize who those shadows belonged to. He could have killed his son a lot more efficiently in the days before. If they hadn’t broken in, none of this would have happened.

But Donovan said that Cegers must have known who was in his apartment because, as he went after the three with the knives, they called out to him with his family nickname--Greasy.

He also argued that, an hour or so before the incident, Cegers got up, put on trousers and went to the front door to tell his brother--who came to the apartment to pick up Charles for work--that he wasn’t there.

Donovan conceded that Herman Cegers may have picked a bad time to try to kill his son--in the presence of witnesses--but added to the jury, “You’re not sitting in judgment of people in the Mensa (high intelligence) group.”