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Yates' lawyer seeking appeal - wants a new trial
11 News (Houston) via The Dallas Morning News ^ | April 3, 2002 | By JEFF McSHAN / 11 News (Houston)

Posted on 04/04/2002 1:57:56 AM PST by MeekOneGOP


Yates' lawyer seeking appeal

04/03/2002

By JEFF McSHAN / 11 News (Houston)

HOUSTON - Andrea Yates was convicted last month of drowning her children. Now she's in an East Texas prison serving a life sentence. But the fight over what her attorney calls an injustice is only in the beginning stage.

Also Online

Crime's magnitude, finger pointing fueling talk, legal experts say

KHOU-11's Jeff McShan reports

Yates' attorney George Parnham plans to file an appeal Wednesday seeking a new trial for his client.

It's been a little over two weeks since Yates was sentenced to life in prison, but her attorney hopes her case is far from over.

Parnham says he will walk into the courthouse to "seek justice."

Parnham believes the appeal has a chance because of false information given by the state's key witness during the trial.

When asked if he really felt that he has a good chance, Parnham answered, "We really think we do. We think we have some credible grounds to go forward. This information that was supplied by their expert on the phantom show "Law and Order" that did not exist was so important to the prosecution in this case. We think we can do wonders with that."

Yates is unaware that her attorney will file the appeal today. Parnham hasn't been able to see her.

"I am going to get up there as soon as the warden permits visitation to take place," he says.

That could happen as soon as Thursday or Friday.

Parnham says, "The big emotional hurdle is behind us, the fact that her life has been spared. I can't tell you what that means to me, to the rest of the office. But we know that we have some good issues to work on."

Parnham plans to take a little R and R soon. He says he's most proud of all the attention that is being placed on people with mental illness. He's hoping the state of Texas will someday change the way it views insanity.


Online at: http://www.dallasnews.com/latestnews/stories/wfaa020403_cm_yates.3bc0a656.html


TOPICS: Crime/Corruption; Culture/Society; Extended News; Front Page News; News/Current Events; US: Texas
KEYWORDS: andreayates; childmurderer; convictedmurderer; lawyer; murderer; retrialappeal; yates
(RealPlayer) Interview with Yates Lawyer
KHOU-TV Channel 11 Video:
http://playlist.broadcast.com/makestream.asp?ID=2803826


1 posted on 04/04/2002 1:57:56 AM PST by MeekOneGOP
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To: PhiKapMom; SpookBrat; Howlin
fyi
2 posted on 04/04/2002 2:01:49 AM PST by MeekOneGOP
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To: MeeknMing
"Yates' lawyer seeking appeal "

Five Children Seeking Another Chance At Life

3 posted on 04/04/2002 2:07:28 AM PST by Movemout
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To: MeeknMing
The only injustice that happened in this trial is that this woman is still breathing, she doesn't even deserve lethal injection. She should have just had a rope thrown over a tree & had her sorry neck stretched for all to see.
4 posted on 04/04/2002 5:46:53 AM PST by HELLRAISER II
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To: HELLRAISER II
May all those close to you enjoy the blessing of stable mental health.
5 posted on 04/04/2002 7:46:02 AM PST by reflecting
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To: reflecting
Thanks, reflecting.

If the state's key witness testified falsely, she might be entitled to a new trial.

If a new trial is ordered, blame the witness, not Yates.

6 posted on 04/04/2002 7:50:49 AM PST by SarahW
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To: reflecting
I'm reading the words that you sent, but it seems more of a dig at me than an actual sincere wish. Listen this woman killed her own kids, she wasn't walking from house to house naked or acting a little strange for my comfort. She actually killed her own 5 children, I'm sorry I cannot feel any sympathy for this woman. She deserves more than what she got & at least from a religious point of view maybe she will fry in Hell when she finally departs her earthly murdering body.
7 posted on 04/04/2002 7:56:39 AM PST by HELLRAISER II
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To: HELLRAISER II
It was a minor dig, but also an honest hope. I do not know how old your are, but with age some wisdom should accrue. The precious children are dead, it is unspeakable horrible. This mother, who from all testimony loved and cherished her babies slowly, drowned them one by one. She hears voices, she has been suicidal, she had been hospitalized for near catatonic depression, and she has been on the strongest medications. It is very plain that Yates had a psychotic break. She was not selfish, wicked, vile. She was insane. Insanity does not often present itself like the Hollywood image of the naked man dancing down the street. It looks most often like Andrea Yates.

You should feel very sorry for her; her brain function became so diseased that she killed her own children. Just as cancer could happen to anyone of us, so can mental illness. Thankfully most of the time it does not take such a terrible turn, but it is always very heartwrenching.

It is possible that your own lack of sympathy is a defense which allows you to beleive this could never happen to you. And I truely hope it does not.

8 posted on 04/04/2002 8:21:46 AM PST by reflecting
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To: reflecting
I am age 37 & I have known people that were Mentally Ill, but again I say to you she wasn't a little off, she commited 5 murders of her own children.
I believe that you believe in what your saying & I think you are sincere in your wish that I not have to witness or be involved in a situation like this as do I. But this woman will never be an asset of our society, she could never be trusted to do anything.
Whether she is nuts or not, makes no difference to me. She will always be a Liability & a danger to society, therefore we are better off without her.
I realize you look at my comments and say this fellow is without compassion, that is wrong I have lot's of compassion for the victims.
9 posted on 04/04/2002 8:32:17 AM PST by HELLRAISER II
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To: MeeknMing
This information that was supplied by their expert on the phantom show "Law and Order" that did not exist was so important to the prosecution in this case. We think we can do wonders with that."

Anyone have a clue as to what the hell this goof is talking about? I mean, really?

I think the fact she killed her kids is what the prosecution relied on, but I could be wrong. You know, me not being a lawyer or anything.......

10 posted on 04/04/2002 9:06:15 AM PST by FreeTally
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To: FreeTally
I am curious about the Law & Order reference. What does it mean?
11 posted on 04/04/2002 9:46:41 AM PST by dstarr
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To: HELLRAISER II
I agree. Sorry but I have a good friend who was diagnosed with a mental illness, in fact she was also having psychotic episodes and they found her with the 4 yr old driving aimlessly through her small town lost. You know alot of pity can be placed on those with a mental illness, and maybe partially rightfully so. But anytime any disease inflicts harm on another person it is wrong, ecspecially when small innocent children are murdered. There is never a good enough excuse to excuse murder. Sorry, it doesnt fly. There is absolutely nothing Andrea yates can contribute to society except more children which she has proven she could/would harm. You know I think this was not even a psychotic break. I think her life turned into something she didnt expect. She was angry, had PPD, and lashed out irrationally. I have had PPD that isnt a good enough excuse sorry. I am a Stay Home mom too, yes it is stressful. Yet even with ppd somehow I managed to not kill anyone. Hmmmm.....
12 posted on 04/04/2002 1:28:35 PM PST by mini_teacup
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To: dstarr
He testified that Yates may have gotten the idea from a television show about a woman who drowned her children and was acquitted by reason of insanity. A few days later, after Yates was convicted, it was discovered that the show, allegedly an episode of Law & Order, never happened.
Click here for "Lawyers submit notice of appeal in Yates' murder conviction case
13 posted on 04/04/2002 1:34:10 PM PST by Hillarys Gate Cult
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To: reflecting
I'm with these others who say she should have been fried...and I'll tell you why:

Andrea went into episodes where she threatened her own life, and apparently thought so little of herself that she did not keep herself clean or feed herself as any human being would. She became an animal. But the real kicker of a 'reason' why she killed her children is her statement that she thought they were flawed.

IF she had succeeded in killing herself, THAT would have been tragic. Five babies left in the world without a mother. But then we wouldn't have had to worry about that. Her a**wipe of a husband has already proven he is quite ready to go out and find another willing cow to bear his seed. So they would have ended up with a mother again. THAT would have been preferable.

But somewhere between the fantasies she had of killing herself, and killing someone else, she somehow decides that maybe she IS worthy of remaining in the world...but someone's got to go...so it has to be her children.

The thought processes she had to go through in order to do this are suspiciously like a planned thing to me...thereby, deserving of NO OTHER FEELING OR COMPULSION THAN UTTER HORROR, REVULSION, AND REJECTION.

SHE chose her own life over that of her kids. I ask you, reflecting, is Andrea Yates a "Mother," when she thought SO LITTLE of her precious babies, who are the essence of innocense and promise, that she viewed wrenching their lives from their bodies FAR PREFERABLE to relinquishing her own?

I ask you, reflecting, how is it that she could suddenly decide that SHE is more worthy of life in this world than they?

NO milk of human kindness in her...

14 posted on 04/04/2002 1:41:39 PM PST by Alkhin
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To: Alkhin; mini_teacup
The whole of your argument relies on logic and reason. If she thought a or b then c follows. But the nature of mental illness is just the opposite; there is no normal path of logic. Trying to submit her actions to the normal process of sequential thought is a false notion.

I too was a full time mom for many years, I know about stress, PPD. Our own experiences are not always a reliable reference in judging the actions of other. What was happening with A. Yates is something different than stress or PPD.

15 posted on 04/04/2002 2:48:40 PM PST by reflecting
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To: reflecting
that may be true, but my point is I dont care. Do you really believe that anyone who kills a child thinks rationally or sane? I know I dont. Does that mean they should be justified because they think differently, and act upon those thoughts? I doubt it.
16 posted on 04/04/2002 3:17:32 PM PST by mini_teacup
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To: mini_teacup
There is no justification of her actions. There are only explanations of the horrible. We should care, we should care for all the weak, broken, ill around us.

IF we understand it does not follow that we must not punish her or protect others....but it is necessary to understand....

someday as research in brain function advances more will be understood about diagnosing and treating mental illness....until then we must care for those afflicted with the same care we gave polio victims before the vaccine.

17 posted on 04/04/2002 4:43:28 PM PST by reflecting
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To: mini_teacup;alkhin
It's nice to know I'm not the only one on this thread who think's she should have gotten the death penalty, I really do feel sorry that the husband helped put her in a position to do what she did but ultimately she chose her own fate so I would have to say she deserves to die. All I can say is she should be happy that we weren't on the jury.
18 posted on 04/05/2002 4:29:37 AM PST by HELLRAISER II
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To: mini_teacup
I think that Mental Illness is a real problem, however in a blatant capital offense like the murder of 5 of her own children I could care less, she should fry. If she was trying to bath one of the children & genuinely accidentally drown one of them, I may feel a little different considering her affliction. But let's face the truth she did just what she set out to do, she systematically killed 5 kids for no other reason than she was tired of taking care of the little tykes.
Isn't that what we have HRS & adoptions services for, for people that can't handle the stress of raising children.
I also would like to point out that I feel that the husband has some culpability of the crime, he to should be in jailed although I don't think he should be charged with murder. I know for sure he should be charged as a dumb$hit!
19 posted on 04/05/2002 4:36:08 AM PST by HELLRAISER II
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To: HELLRAISER II
exactly. I could swallow a psychotic break and her realize what she did after drowning one and calling the cops saying omg I cant believe i did this blah blah. But all 5? Nope, sorry, cant go along with it. Mental illness is an illness but I cant compare it to polio sorry. With mental illness you can get help, with polio before the vaccine what help was there really?
20 posted on 04/05/2002 4:52:50 AM PST by mini_teacup
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