Andrea Yates' husband: Trial was wrong - insanity laws should have protected her after drownings

Associated Press ^ | January 25, 2004 | Associated Press Staff

[MeekOneGOP]

Andrea Yates' husband: Trial was wrong

Insanity laws should have protected her after drownings, he says

11:03 PM CST on Sunday, January 25, 2004

Associated Press

HOUSTON – Nearly two years after Andrea Yates' conviction for drowning her five children in the family's bathtub, her husband continues to assert that his mentally ill wife never should have been prosecuted.

"Why do we even have insanity laws if they are not based on medical insanity?" Russell Yates asked.

To be deemed innocent by reason of insanity, the law requires defendants to prove they suffer from a severe mental disease or defect and did not know their actions were wrong. Jurors rejected Andrea Yates' insanity plea and found her guilty of capital murder in March 2002. She was sentenced to life in prison for the drowning of three of her five children.

Police found the four youngest children's lifeless, wet bodies under a sheet on her bed June 20, 2001. The oldest child, Noah, 7, was found floating face down with his arms outstretched in the family's bathtub. Ms. Yates had dialed 911 after drowning the children and later confessed.

"My feelings toward the judge, the prosecutors, our legal system really haven't changed," Mr. Yates told The Associated Press. "Most people in Texas believe if someone is brought up on charges they are guilty. In Harris County, it is guilty until proven innocent."

Mr. Yates said his wife should have received mental health treatment.

"If we feel the government is proceeding wrongly against us, then we have a civil right to publicly object," Russell Yates wrote this month on www.yateskids.org. "Every member of our family believed that the state was proceeding wrongly against Andrea, and Judge [Belinda] Hill prohibited us from speaking."

Mr. Yates said Judge Hill allowed the prosecution to operate behind "closed doors" and denied Andrea Yates' family members reserved seating in the courtroom.

Judge Hill told the AP she could not comment because the case is still pending.

Harris County District Attorney Chuck Rosenthal, who also is criticized on the Web site, said he didn't want to "dignify anything [Mr. Yates] has to say."

Defense attorneys have until next month to file an appeal of Ms. Yates' capital murder conviction.

Ms. Yates remains jailed at the Skyview Unit in Rusk, where she works in an outdoor flower garden. About 50 of the more than 500 inmates at the psychiatric facility are women.

Mr. Yates continues working at the Johnson Space Center and is trying to sell the one-story brown brick home where his children were killed.

He typically goes to see his wife every other weekend, trading off with other family members.

"It's tough," he said. "It's tough because I look back on the family we had and the happiness we had.

"It is very hard to see the woman I married and the woman who bore my children suffering."

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Online at: http://www.dallasnews.com/s/dws/dn/latestnews/stories/012604dntexyates.4e4cb.html

[MeekOneGOP]

It's everyone's fault but Andrea's, right Russell ?? ...

"My feelings toward the judge, the prosecutors, our legal system really haven't changed," Mr. Yates told The Associated Press. "Most people in Texas believe if someone is brought up on charges they are guilty. In Harris County, it is guilty until proven innocent."

[MeekOneGOP]

Whoops ! I meant to post pics with my comment ...

Russell Yates

Andrea Yates

[Bikers4Bush]

True justice would be if she were already pushing up daisies.

[HELLRAISER II]

Mr. Yates if we did what was right then your wife would be pushing up daisies right now and you would be in prison for impregnating your wife every chance you got when you knew she was an unfit mother. An insanity plea is crap, period! She got off easy in my opinion.

[SouthernFreebird]

Mr. Yates said his wife should have received mental health treatment.

Yeah, long before she had, then killed her kids...

[hellinahandcart]

Rusty isn't divorced yet? I am shocked.

[netmilsmom]

And the funny thing is when this first happened, I felt sorry for him as well.

[MAWG]

I live in Clear Lake and I'll tell you what most of the people here think: They should've hung that f***ing bitch!

[VRWCmember]

"Most people in Texas believe if someone is brought up on charges they are guilty. In Harris County, it is guilty until proven innocent."

He's a little confused here. Once you acknowledge that you committed the act, but claim that you were mentally deficient and therefore should not be held accountable for the act, the burden of proof shifts somewhat to the defense to substantiate the claim of deficiency. She WAS guilty.

[Alberta's Child]

"Why do we even have insanity laws if they are not based on medical insanity?" Russell Yates asked.

That's a very good question, Mr. Yates. Until a couple of decades ago, insanity laws were intended to ensure that a person who was convicted of murder under some kind of "diminshed capacity" would be sentenced to life in prison instead of being executed. Those laws were never intended to allow someone operating under a "dimished capacity" to walk away with a slap on the wrist -- that kind of sh!t is a product of our modern system of processing criminals (I refuse to use the term criminal justice anymore).

[Truth29]

Russell Yates should be doing serious hard time as an acccessory to murder. Andrea Yates should have been executed rather than working in a flower garden and being supported by our tax dollars.

[HELLRAISER II]

When someone's child is killed, it is sad and naturally you feel that person's pain. But when the Killer is someone you know, much less your spouse. You can feel for them still, but that feeling ends when you start making up excuses for their actions. I love my wife but if she killed my children then she would deserve to die and with my backing irregardless of my love for her.

[HELLRAISER II]

I agree, they need to light her up like a Christmas tree.

[DCPatriot]

The B*TCH wan't crazy enough to dial 911 AFTER she killed ALL of her children was she?

A human stain is what Mrs. Yates is. Nothing more.

[netmilsmom]

I agree fully!!!

[TheSpottedOwl]

Mr. Yates said his wife should have received mental health treatment.

"If we feel the government is proceeding wrongly against us, then we have a civil right to publicly object," Russell Yates wrote this month on www.yateskids.org. "Every member of our family believed that the state was proceeding wrongly against Andrea, and Judge [Belinda] Hill prohibited us from speaking."

Russell where the hell were you and your family while your wife was falling apart? I've followed this story, and let me tell you, I blame Russell Yates for allowing this to happen. Andrea Yates crumbled from the stress of nursing her dying father, postpartum depression, and homeschooling the kids. There was a quote from a female family member saying something about a good day was when Andrea pulled a comb through her hair and managed to change her clothes. I can't remember the exact quote. These people watched her slide into a mental nightmare, and they should have taken charge. No way should she have been allowed to take on homeschooling in her condition. Someone should have been with her 24/7.

Russell and Andrea Yates did seek help for her mental problems. Unfortunately in many states, you can't have a relative commited for observation, because it violates their rights. Electroshock therapy was discussed and turned down by Russell Yates. I did a term paper on Electroshock therapy, and let me tell you, it's a last ditch remedy. The procedure causes brain lesions and leaves the patient more or less like a vegetable. I started thinking that if Andrea Yates had had the procedure done, those kids would be alive.

Russell Yates, imo, is pretty warped himself. He gave an interview after Andrea's sentencing, saying that he wanted to get remarried and have more children. Disgusting!

[steplock]

MURDER = INSANITY

You must be NON-sane to commit murder in the first place.

Insanity Defense is a liberal idea.

[hopespringseternal]

Feed'm both to woodchippers. Slowly, feet first.

[NYCVirago]

Can Russell Yates go hide under a rock somewhere? This guy was so concerned about his wife's mental health, that he kept on getting her pregnant, even though doctors told them not to do so. And who's he dating now?

[scannell]

He's breaking my heart.