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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: Diddle E. Squat

I once read a book - "This Stranger My Son" in which a mother was raising a child with severe mental problems. As he grew older, he got violent against her and the family. She could find no options for help for extended time - especially when he reached 18. All his life she was faced with his illness causing him to be denied access to schools but with no options for handling him.

So very sad and very revealing about the inefficiencies of our mental health agencies.

Sometimes the ill one just has no place for help.


341 posted on 07/26/2006 11:16:49 AM PDT by ClancyJ (Involuntary term limits for all our representatives - I want them ALL OUT OF OFFICE.)
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To: genxer

I agree - that man and his mother were the children's only hope if she was truly insane.

He should not be free of any responsibility.


342 posted on 07/26/2006 11:18:29 AM PDT by ClancyJ (Involuntary term limits for all our representatives - I want them ALL OUT OF OFFICE.)
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To: Diddle E. Squat
If your spouse was so ill that they were catatonic, hallucinating and not eating....would you leave your children in their care? Nevermind having additional children!

I'm ready to move on to the medical malpractice lawsuits now. Where are those doctors that supposedly treated her?

343 posted on 07/26/2006 11:19:45 AM PDT by TNdandelion
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To: CedarDave
The outbursts were from her babies who struggled to stay alive.

May this woman rot in hell.

344 posted on 07/26/2006 11:20:15 AM PDT by OldFriend (I Pledge Allegiance to the Flag.....and My Heart to the Soldier Who Protects It.)
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To: spectre

She did not have follow up plans for the severity of her illness. As I understood it the doctor felt she needed inpatient confinement. Further, the question will be asked of him how often he visits such a seriously ill person.


345 posted on 07/26/2006 11:20:59 AM PDT by shrinkermd
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To: Tired of Taxes
with periodic hearings before a judge to determine whether she should be released

That's a travesty of justice.

346 posted on 07/26/2006 11:22:17 AM PDT by Aquinasfan (When you find "Sola Scriptura" in the Bible, let me know)
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To: Wyatt's Torch
According to the LKL transcript of March 29, 2004 here is what Rusty Yates said:

YATES: I think that's a very good question. (snip....) "Andrea, the two medications she was on at the time of the tragedy are both on that list, Rimaron (ph) and Effexor, and in fact they're given in combination together, they have an even stronger effect than separately. So I definitely think the medication played a part, someone asked me once, why June 20, why did it happen on that day? Her medications were adjusted two days before. So I definitely believe that was a factor."

sw

347 posted on 07/26/2006 11:22:46 AM PDT by spectre (Spectre's wife)
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To: Diddle E. Squat
Bottom line, he didn't raise his hands to murder his own offspring, she did.

I'm not dispelling the fact she killed her children. What I said is his actions are strange. The way he said he'd give her a hug and tell her congratulations, while never showing any emotions for the loss of their children. I can't help but think it is strange behavior.

348 posted on 07/26/2006 11:24:40 AM PDT by kassie
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To: Hydroshock
For some reason I just do not think our Lord Jesus would like the death penalty. So I err on the side of caution.

I won't hijack this thread. Repeat, I won't hijack this thread.

349 posted on 07/26/2006 11:27:31 AM PDT by TightyRighty
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Sickening justice.
She should be on Death Row. And some of your comments about the 'husband' is very observant. That guy has always acted bizarrely - very 'removed' emotionally. Something wrong there, IMO. I think both so-called parents are whacky.
350 posted on 07/26/2006 11:29:39 AM PDT by AlpineWest
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To: Lunatic Fringe

HA! Nice. :)


351 posted on 07/26/2006 11:30:24 AM PDT by Ace of Spades (Sed quis custodiet ipsos custodes?)
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To: TightyRighty

Also, the Archbishop of my Archdiocese (Galveston Houston) has come out strongly against the death penalty. Another reason I oppose it.


352 posted on 07/26/2006 11:30:44 AM PDT by Hydroshock ( (Proverbs 22:7). The rich ruleth over the poor, and the borrower is servant to the lender.)
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To: shrinkermd
Again, from Rusty's mouth to our ears..LKL transcript March 29, 2004:

CALLER: How're you doing? My question to Rusty is this. Prior to the killings of his children, did he ever try to get any help or treatment for his wife for any other illnesses?

YATES: Any other illnesses? No. Mental illness, yes. I mean, we -- you know, she -- we sought medical treatment for her in 1999. She was successfully treated at that time. And then again in 2001, when she became ill, we sought medical treatment for her. She was hospitalized twice in '99, twice again in 2001. We were in the psychiatrist's office two nights before the tragedy.

KING: Was she labeled what, schizophrenic? No?

YATES: They told me she had post-partum depression. That's what they told me, so...

I don't know, Shrink..??? Go figure..

sw

353 posted on 07/26/2006 11:31:30 AM PDT by spectre (Spectre's wife)
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To: ClancyJ
So very sad and very revealing about the inefficiencies of our mental health agencies.

If people had the slightest clue to just how inadequate many state and local mental health services are, they would be outraged.

Six months before AY killed her children, I was dealing with severe PPD, but I wasn't pychotic. I can't and don't want to explain what I was going through but I was so tormented that I drove to the police station to turn myself in even though I hadn't committed any crime.

I was driven to a local hospital and dumped among the drunks and crack addicts (after they removed my shoe strings). A doctor came in, asked a few questions and told me that my problem was a lack of communication. Less than 12 hours later, I was released from the hospital on my own. My family was never contacted...I was literally dumped on the streets.

My story has a happy ending, though. I got appropriate medical help once MY husband came downtown and picked me up in the hospital lobby.

I told that doctor (and the police) that I was afraid I would kill myself and hurt my children. They were so concerned...they locked me in a room with drunks and released me a few hours later.

That, my friends, is quality "state run" mental healthy care in this country!

354 posted on 07/26/2006 11:32:47 AM PDT by TNdandelion
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To: STARWISE
How can Rusty Yates be ACCEPTING of his 5 children being murdered?

Because he shared a responsibility to protect his children, and he failed miserably.

355 posted on 07/26/2006 11:33:47 AM PDT by NautiNurse (Hurricane season 2006 - Be prepared and have a plan)
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To: Hydroshock
For some reason I just do not think our Lord Jesus would like the death penalty. So I err on the side of caution.

I know what you're saying. But remember that "erring on the side of caution" could also result in the loss of innocent life, if the incarcerated person kills a prison guard, for example.

356 posted on 07/26/2006 11:33:50 AM PDT by Aquinasfan (When you find "Sola Scriptura" in the Bible, let me know)
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To: commish; jude24; blue-duncan
THe State was barred from seeking the Death Penalty because the original jury sentenced her to Life, and no new evidence was presented in this case. So, there was no need to ask the 'SUPPORT" question since there was no possibility of a Death Penalty sentence.

I don't believe that is true. A new trial is a trial de-novo. The findings of the last jury are irrelevant. It is as if there has been no previous trial. Her guilt was back on the table. Therefore if the latter jury had found her guilty, they would be free to impose whatever penalty that the prosecution had asked for.

Jude, you are still studying this stuff. Correct me if I'm wrong. But I do believe the prosecution could have requested the death penalty, they just didn't think they'd get it. They would have if I were on the jury.

357 posted on 07/26/2006 11:34:19 AM PDT by P-Marlowe (((172 * 3.141592653589793238462) / 180) * 10 = 30.0196631)
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To: Kitten Festival

"I despise that guy. I think he's pretty well responsible for everything. He'll get the justice in the long run, not helpless Andrea."

You are sick. As far as I can tell, he didn't drown any of the kids, and as far as I know, he didn't rape Andrea. They both made a decision to have sex, knowing full well what the consequences would be.

I find it so despicable that the spirit of feminism is so entrenched that even when the man did nothing wrong, he is still guilty. Sick.


358 posted on 07/26/2006 11:35:15 AM PDT by bone52 (Fight Terrorists.... Blow up the Eiffel Tower)
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To: spectre

Obviously there are conflicting reports............


359 posted on 07/26/2006 11:36:33 AM PDT by Wyatt's Torch (I can explain it to you. I can't understand it for you.)
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To: leilani

I'd like to see a new category "Guilty, but dangerously insane" with a mandatory death penalty just the same.


360 posted on 07/26/2006 11:36:40 AM PDT by JTHomes
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