Attorney blames assault on sleep disorder

CORAL SPRINGS, Fla., Jan. 7 (UPI) --

A 37-year-old man choked his wife while she was sleeping at their home in Coral Springs, Fla., because of a sleep disorder, his attorney alleges.

Defense attorney Eric Schwartzreich alleges Falcon Cove Middle School principal Mark Kaplan attacked his wife while they were both sleeping because he suffers from multiple sleep disorders, the South Florida Sun-Sentinel said Wednesday.

"Our position is that someone that commits an unintentional act while they are sleeping does not merit any disciplinary action," the attorney explained. "Mr. Kaplan is diagnosed with multiple sleep disorders... and he's been under the care of a sleep doctor since last year and it's documented."

Kaplan was arrested following last Sunday's incident and his wife, Alyson, has since alleged the attack was part of a recurring theme of abuse by her husband.

The 36-year-old alleged, according to a police report, her husband had been verbally threatening her and repeatedly poking her during their nightly sleep for the last 18 months.

The Sun-Sentinel said Kaplan's wife told police she was unsure if her husband, who faces up to a five-year prison sentence if convicted for Sunday's assault, was asleep during the recent attack.


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Published: Wednesday 07th of January 2009 12:48:29 PM
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