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Verdict Reached in Andrea Yates Case (UPDATE: Not Guilty by reason of insanity)
KPRC Channel 2 ^

Posted on 07/26/2006 9:35:01 AM PDT by cajunman

HOUSTON -- Jurors reached a verdict in Andrea Yates' murder retrial Wednesday morning. The jury's decision will be announced at about 11:25 a.m. KPRC and Click2Houston will air the verdict live.

After deliberating nearly 11 hours, jurors returned for a third day Wednesday to determine if she was legally insane when she drowned her five children in the bathtub.

Before court ended Tuesday, the jury of six men and six women asked to review the state's definition of insanity: that someone, because of a severe mental illness, does not know a crime he is committing is wrong.

State District Judge Belinda Hill said jurors, who were sequestered for the second night, , could see the definition Wednesday morning.

Jurors have already deliberated longer than the nearly four hours it took a first jury, which convicted her in 2002. That conviction was overturned on appeal last year.

Yates, 42, has pleaded innocent by reason of insanity. She is charged in only three of the deaths, which is common in cases involving multiple slayings.

As court was to end Tuesday, jurors asked for one more hour to deliberate. But then the panel immediately passed another note rescinding that request. Hill quoted the note, which read, "We need some sleep," prompting laughs from those in the courtroom.

The jury earlier asked to review the videotape of Yates' July 2001 evaluation by Dr. Phillip Resnick, a forensic psychiatrist who testified for the defense that she did not know killing the children was wrong because she was trying to save them from hell.

Resnick told jurors that Yates was delusional and believed 6-month-old Mary, 2-year-old Luke, 3-year-old Paul, 5-year-old John and 7-year-old Noah would grow up to be criminals because she had ruined them.

Jurors later asked to review Yates' November 2001 videotaped evaluation by Dr. Park Dietz, the state's expert witness whose testimony led an appeals court to overturn Yates' 2002 capital murder conviction last year.

Dietz, a forensic psychiatrist, testified in her first trial that an episode of the television series "Law & Order" depicted a woman who was acquitted by reason of insanity after drowning her children. But no such episode existed. The judge barred attorneys in this trial from mentioning that issue.

On Tuesday, after jurors asked for the trial transcript involving defense attorney George Parnham's questioning of Dietz about the definition of obsessions, the judge brought the jury back into the courtroom.

The court reporter then read the brief transcript, in which Dietz said Yates "believed that Satan was at least present. She felt or sensed the presence." Dietz had testified that Yates' thoughts about harming her children were an obsession and a symptom of severe depression -- not psychosis.

Earlier Tuesday, jurors reviewed the slide presentation of the state's key expert witness, Dr. Michael Welner, a forensic psychiatrist who evaluated Yates in May. He testified that she did not kill her children to save them from hell as she claims, but because she was overwhelmed and felt inadequate as a mother.

Welner told jurors that although Yates was psychotic on the day of the June 2001 drownings, he found 60 examples of how she knew it was wrong to kill them.

If Yates is found innocent by reason of insanity, she will be committed to a state mental hospital, with periodic hearings before a judge to determine whether she should be released -- although by law, jurors are not allowed to be told that.

Yates will be sentenced to life in prison if convicted of capital murder.

A capital murder conviction in Texas carries either life in prison or the death penalty. Prosecutors could not seek death this time because the first trial's jurors sentenced her to life in prison, and authorities found no new evidence


TOPICS: Breaking News; Crime/Corruption; Government; US: Texas
KEYWORDS: 10commandments; andreayates; gramsci; justice; thoushaltnotkill; travesty
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To: Carolinamom

I don't know.


221 posted on 07/26/2006 10:31:15 AM PDT by Knitting A Conundrum (Act Justly, Love Mercy, and Walk Humbly With God Micah 6:8)
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To: kassie
From the wire article:

"Yates will be committed to a state mental hospital, with periodic hearings before a judge to determine whether she should be released. If convicted, she would have faced life in prison."

Looks like she will at least have the opportunity to be released......

222 posted on 07/26/2006 10:31:51 AM PDT by Wyatt's Torch (I can explain it to you. I can't understand it for you.)
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To: All

Do I pity the sick woman. No. Not as much as I pity those kids having been abandoned by the one person that should love and honor them more than any other. The horror of the last moments they had here...wondering why, struggling, crying for their mommy probably...it sickens me.

Rest in peace children, let God sing you to sleep.

I wonder how many other desperate mothers or fathers, weighed downed by their own choices will take the easy way out. I pray for unloved children, they deserve better.


223 posted on 07/26/2006 10:32:44 AM PDT by rbmillerjr
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To: EyeGuy
"So I repeat, to all of you who sympathize with Andrea Yates as a "sick woman who needs help", why not a treatment program, for say poor Ted Bundy and his insane addiction to pornography and sadism.

I see little difference.

Neither do I..This verdict gives hope to the criminally insane, like Charles Manson, who can now look forward to an "appeal".

sw

224 posted on 07/26/2006 10:32:53 AM PDT by spectre (Spectre's wife)
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To: Carolinamom

Is there a Guilty but Insane finding/choice in Texas?



no


225 posted on 07/26/2006 10:33:19 AM PDT by deport
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To: Seamoth
She should've sought help, as was her responsibility to herself and to society. I would've voted guilty. She DID seek help. They threw her out when her insurance ran out and Rusty did nothing. The doc actually could have gotten her state care and he had better things to do. It was the system that failed her when she asked for help and they didn't want to give it to her. That's a big thing that changed my mind about this case - here she was, sicker than a dog, asking for help, and that doc didn't want to work with a public-funds case. He ought to have his license yanked since he abandoned a patient over the issue of money despite Andrea's own pleadings. Scumbag. Just as guilty as Rusty. And that evil creature who gave false TV-show testimony in an earlier trial. And the dirtbag prosecutor with his political ambitions. To heck with them all, I hope all their careers are in ruins. They certainly had a good time abandoning Andrea for their own selfish reasons even as she pleaded for help.
226 posted on 07/26/2006 10:33:23 AM PDT by Kitten Festival
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To: Wyatt's Torch

"It's a miracle, your honor, I'm well!!"


227 posted on 07/26/2006 10:33:25 AM PDT by dfwgator
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To: Diddle E. Squat

That's not what I mean... I meant his ignoring her mental condition and insisting she have MORE children because his nutty pastor told them so. Having seen his interviews, I think he's crazy.


228 posted on 07/26/2006 10:33:28 AM PDT by cyborg (No I don't miss the single life at all.)
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To: Seamoth

The problem with saying she should have sought help is you're assuming she knew she was nuts. Part of the problem with insanity is from the inside it looks perfectly normal, the more seriously whacked people don't know they're not normal. You have to have some level of sanity to understand that you're in a version of reality that doesn't match the rest of the world, that's actually one of the most dangerous points in the life of the seriously disturbed, lots of people kill themselves when they start to realize just how nuts they have been, it's a very depressing realization.


229 posted on 07/26/2006 10:33:45 AM PDT by discostu (you must be joking son, where did you get those shoes)
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To: retrokitten
It pales before Andrea and what she did, but as I said, every time I saw Rusty Yates being interviewed on TV, he did not give the impression of someone playing with a 52-card deck either ... I got the impression from the whole scenario, everything that happened, that he was single-mindedly wanting to follow God's commandment to be fruitful and multiply, and was basically wanting a baby replicator instead of a wife and didn't notice the signs of her going off the deep end (didn't she start letting herself go, physically and hygenically).

And those of you who want to flame me with "there's nothing wrong with big families" after that last statement, save it, I came from a family of six kids.

230 posted on 07/26/2006 10:34:13 AM PDT by GB
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To: pj_627

I HOPE she gets the help she needs since she'll not get the death penalty.


231 posted on 07/26/2006 10:34:15 AM PDT by cyborg (No I don't miss the single life at all.)
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To: Constitution Day
She should be swinging from a gallows, but since she's a woman, she gets to live. BS.

Reverse chutzpah. Chutzpah is where you kill your parents then throw yourself on the mercy of the court because you're an orphan.

Reverse chutzpah is where you kill your children, and tell the court you've suffered enough.

232 posted on 07/26/2006 10:34:26 AM PDT by gogeo (The /sarc tag is a form of training wheels for those unable to discern intellectual subtlety.)
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To: Hydroshock

My statement was in reply to another poster describing the murdered children as "unfortunate." I do not care who you are, murdered before your tenth birthday is a bit more than unfortunate.

And no, this was not the most just solutiuon to this episode. Justice would demand that she pay for the crime she committed against her own children.

Was she nuts? I don't know, but justice, nuts or not, would be, at least, for her to sit in a small concrete cell for the rest of her (hopefully) short life.


233 posted on 07/26/2006 10:34:27 AM PDT by dpa5923 (Small minds talk about people, normal minds talk about events, great minds talk about ideas.)
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To: pj_627

good post btw


234 posted on 07/26/2006 10:34:32 AM PDT by cyborg (No I don't miss the single life at all.)
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To: BamaDi
I think it was after the 3rd baby she really started to deteriorate and it was a landslide after the 4th. He left for work at 9 and his mother came over for the day at 10. She called the police around 9:45 that morning.

My personal feeling is that she should be straightened out as much as possible and have to live with the knowledge that she killed her own flesh and blood. Seems to me that would be worse then death.
235 posted on 07/26/2006 10:34:59 AM PDT by retrokitten
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To: spectre

This verdict gives hope to the criminally insane, like Charles Manson, who can now look forward to an "appeal".



How... this is a Texas law and the insanity option is a part of it but rarely succeeds.


236 posted on 07/26/2006 10:35:00 AM PDT by deport
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To: Knitting A Conundrum

Hi Knitting,
This verdict and the fate of the children is one of those heart-wrenching situations that I just have to withdraw from. It's just too much for me.
Anyway, just wanted to say hello to you.
Good day,
Kate


237 posted on 07/26/2006 10:35:28 AM PDT by katieanna
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To: pj_627

Excellent post!!!


238 posted on 07/26/2006 10:35:37 AM PDT by najida (The internet is for kids grown up-- Where else could you have 10,000 imaginary friends?)
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To: spectre

Manson was never judged insane. He was convicted of capital murder.


239 posted on 07/26/2006 10:36:09 AM PDT by GB
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To: Surtur

If she ever regains any of her sanity, that's exactly what's in store for her. And she wasn't a nasty mother nor did she hate her kids, so that realization will be a terrible thing to wake up to.


240 posted on 07/26/2006 10:36:23 AM PDT by Kitten Festival
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