Search
Share & Follow Religion News Blog
Remember These Stories?
Two years ago today: Murdered: Sect Members Who Said No, Swami can't return to New Vrindaban and Medal of Freedom for President Hinckley
Insanity remains focus of Yates’ new trial
Both sides plan to reuse much of the same evidence, witnesses
HOUSTON – Andrea Yates often struggles with deep depression or hallucinations around June 20, the day in 2001 when she drowned her five children in the bathtub. This year, Ms. Yates will be in court at her second murder trial.
Jurors in the retrial who will be selected beginning Thursday will hear largely the same evidence presented in the first trial, but they will also hear about her psychotic episodes since her 2002 conviction, defense attorney George Parnham said. The conviction was later overturned on appeal.
“We’ve got four years of mental health records to show she’s still severely mentally ill,” Mr. Parnham said.
For example, in July 2004, Ms. Yates was hospitalized after starving herself for up to six weeks, losing about 30 pounds, according to the University of Texas Medical Branch Hospitals’ discharge records. She believed she saw “babies yelling for help,” the records showed.
Mr. Parnham maintains that severe postpartum psychosis prevented her from knowing that drowning her children, ages 6 months to 7 years, was wrong.
But prosecutors still insist that Ms. Yates does not meet Texas’ legal definition of insanity: not knowing at the time that one’s actions are wrong.
Prosecutors plan to present the same evidence of how Ms. Yates killed the children after her husband left for work and before her mother-in-law arrived to help, and how Ms. Yates called 911 to report the crime.
“Everything I’ve seen has reaffirmed that she was sane at the time she killed her kids,” prosecutor Kaylynn Williford said. “What’s at the crux of this case is: You can be mentally ill and know right from wrong and be held criminally responsible.”
Road to a new trial
Ms. Yates once again is pleading not guilty by reason of insanity and, if convicted, could be imprisoned for life. Because the first jury rejected the death penalty and decided on a life sentence, prosecutors cannot seek the death penalty again without presenting new evidence.
Last week, more than 20 individuals and groups – including Postpartum Support International; North American Society for Psychosocial Obstetrics and Gynecology; Texas Mental Health Consumers; and New Jersey’s former first lady Mary Jo Codey, an advocate of mental health issues – asked the court to limit expert testimony to those familiar with postpartum psychosis.
The brief, which could affect some prosecution witnesses, says only those with significant experience treating the rare disorder should testify about whether Ms. Yates knew her actions were wrong.
The judge isn’t required to consider the brief filed by New York attorneys. Opening statements start June 26, and the trial is expected to last through the end of July.
Last year, the First Court of Appeals in Houston overturned her conviction, saying a prosecution witness’ erroneous testimony could have influenced the jury’s decision.
Dr. Park Dietz, a psychiatrist who has been a consultant for the Law & Order television series, told jurors that one episode depicting a woman who drowned her children in a bathtub – and was acquitted by reason of insanity – aired before the Yates children were killed.
Ms. Yates frequently watched the show, according to other testimony, and a prosecutor – not Dr. Dietz – suggested that she got the idea from the episode.
After the jury found Ms. Yates guilty, attorneys in the case learned no such episode existed.
Although Mr. Parnham argued to halt the retrial, saying that testimony constituted prosecutorial misconduct and would result in double jeopardy if Ms. Yates were tried again, an appeals court upheld the judge’s ruling that there was no misconduct because the error was unintentional.
In court again
For a year and a half, prosecutors have reviewed box loads of evidence again.
“That’s what’s kept me going,” Ms. Williford said, pointing to one of the state’s exhibits, a large board containing family pictures of the youngsters: 6-month-old Mary in a baby carrier; 2-year-old Luke holding his baby sister; 3-year-old Paul wearing pajamas and a fireman’s hat; 5-year-old John leaning against a tree; and 7-year-old Noah grinning from ear to ear.
“It’s very emotionally draining and difficult to go through this again – reviewing the evidence, looking at the autopsy photos. It’s hard as a human being; it’s harder as a mother,” Ms. Williford said. “It’s not any easier looking through those pictures five years later.”
Prosecutors will call Dr. Dietz to testify again, along with other witnesses from the first trial, Ms. Williford said. She said the witness list was still being prepared and declined to say what the state may do differently this time.
Mr. Parnham said he planned to call 40 to 50 witnesses, including the same doctors who previously testified about Ms. Yates’ mental condition.
Andrea’s then-husband, Russell Yates, testified for the defense in her first trial. Mr. Parnham said he planned to call Mr. Yates again but would approach him in a “different” way. Mr. Yates, who did not return calls seeking comment, has said he continues to stand by Ms. Yates, whom he divorced last year.
In March, Mr. Yates married Laura Arnold, a fellow NASA worker who is divorced with two children. Their wedding was at the same church where the funeral for the Yates youngsters was held.
Ms. Yates, who has been in a state psychiatric hospital since her release on $200,000 bail earlier this year, will be in the county jail during the trial, a judge ruled Friday.
Bookmark, Share, or Email This Page
Read Another Article
|
Related News Articles
Topic(s): 
Subscribe to Religion News Blog updates
Find Related Information
Find Related 
Possibly related... or Most Popular Religion News Articles
Search Religion News Blog