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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: FunkyZero

Every once in a while you hear about a new mother killing herself.
This is why. Some women kill themselves. Unfortunately some kill their children.


361 posted on 07/26/2006 11:38:15 AM PDT by JRochelle
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To: TNdandelion
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.

Wooooooooow...

I'm so glad that your story had a happy ending. How did you come around?

362 posted on 07/26/2006 11:39:20 AM PDT by Aquinasfan (When you find "Sola Scriptura" in the Bible, let me know)
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To: bone52

Are you kidding me? A man who knows his wife is crazy is not responsible for bringing more kids in this world? He was told no more kids - a responsible adult would cap it and yet he enables her to pop another one out. It has nothing to do with husband bashing and everythng to do with being responsible.


363 posted on 07/26/2006 11:39:23 AM PDT by TightyRighty
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To: Wyatt's Torch
Yes, there ARE conflicting reports. And to be honest, I don't know who to believe :)

sw

364 posted on 07/26/2006 11:42:10 AM PDT by spectre (Spectre's wife)
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To: TightyRighty

How many shrinks do you believe?

It was her decision as well. And she, who might I add, knows herself better than her husband, also consented. Untill all the details of the impregnation are released it is assinine to accuse the husband of greater crimes than his wife, although he did nothing wrong. And even if those details are released he didn't kill the kids.

"It has nothing to do with husband bashing and everythng to do with being responsible."

And by the way, if this had anything to do with being responsible, Andrea Yates would already be dead.


365 posted on 07/26/2006 11:44:33 AM PDT by bone52 (Fight Terrorists.... Blow up the Eiffel Tower)
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To: Aquinasfan
I was hospitalized in a mental ICU type ward, put on Zyprexa (anti-psychotic) for 5-6months and received intensive outpatient therapy. The outpatient therapy was daily (4 hours each day) for about a month. Then, it moved to weekly therapy and finally group therapy.

My family was extremely supportive and took no chances with my safety or anyone elses. My husband is a saint and my doctor was a life-saver. I know he was just doing his job...but he did it and that's the difference!

I really fear for people who need help but don't get it. I was terrified to reach out and when I did...I got no help. Fortunately, right thinking people were able to make the appropriate decisions when I couldn't.

366 posted on 07/26/2006 11:44:36 AM PDT by TNdandelion
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To: pj_627

Post Partum Depression was something that I did not know anything about twenty-five years ago, and then my daughter had her second child, who had to have a complete blood exchange at birth, because my daughter had negative blood, and her husband had positive.

The new baby girl had to stay in the hospital for a good while, and my daughter drove many miles each day to give her mothers' milk, because she wanted her child to have the best chance at life. But after a few weeks, my daughter just fell asleep, and she slept most of the time, and her 4 year old was even feeding that new tiny baby. No one knew what had happened to my daughter, and her husband could not explain it either.

But the doctor diagnosed my daughter as having post partum depression, and another said she had schizophrenia. Her husband decided to divorce her, and take the children from her. I hired a lawyer and I asked that the children be allowed to stay with me during the summer months and returned to the father in the fall. I lost my case, and I never saw my grand daughter again, and my grandson came to see me in another state when he graduated from high school.

My daughter lived with me after her husband divorced her, and I faced many trials, and I cried and prayed a lot. My daughter wanted to wear see through dresses at times, and she "saw" some people whose heads did not match their bodies. I saw many doctors and tried all kinds of medicines. Some of the medicines made her much worse. We decided to stop all medicines and just to go it alone.

My daughter decided that she wanted to raise pure bred dogs, and she had Maltese and Chihuahuas, and she gave them exceptional love and care. She was truly commendable. It was against my wishes that some of the dogs lived in the house in her room Everywhere my daughter goes, they go, and if she is in the bathroom, they are outside of the door, and if she is downstairs, the dogs all lay by the door leading to the downstairs. I have really seen a lot of love and devotion. Dogs may show more love and devotion toward a person than some humans. Today, I consider my daughter to be doing very well, and I give these little dogs a lot of credit for the love and devotion that they have shown, and I owe a lot to them. I never want to forget to thank God for seeing me through this time of great trial.

My daughter's older son was told by his father to leave the home when he was 19, and my grandson tried drugs and died on the spot. I still have not seen my grand daughter and she is 27 now, and was given up for adoption by her own father. She now has thoughts of coming to visit.

My pain after learning about Post Partum Depression has not ended. It is real pain and so many of us stand helpless in the face of mental illness, and all of the help that some of you have imagined is just not real. My grandson is dead and will never return, and nothing I can do can bring back the lost years that I might have had with my grandchildren.


367 posted on 07/26/2006 11:44:46 AM PDT by tessalu
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To: NautiNurse
"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"

Exactly.
368 posted on 07/26/2006 11:45:45 AM PDT by AlpineWest
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To: spectre

Me either and the choices aren't good: lying mainstream media or a completely disconnected husband...;-)


369 posted on 07/26/2006 11:45:52 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
executing her for this would be amoral

Yes, in some cases, execution is not the correct response. I hope she gets well enough to fully understand what she has done, and to be tormented each night by the screams of her children.
Really doesn't matter what we do to her, upon her death, she's headed straight for the hell realms. No 49 days in the bardo......
370 posted on 07/26/2006 11:46:39 AM PDT by jrg
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To: tessalu

I am very sorry.


371 posted on 07/26/2006 11:49:47 AM PDT by TNdandelion
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To: TNdandelion
we don't execute people for being sick, infirm or injured.

I double checked my post just to be sure, and sure enough, I wasn't advocating executing her for being sick. She should be executed for being the worst kind of cold blooded killer.

I hope she never gets out of the state mental hospital

There is always that risk. We need to protect society and put her down.
372 posted on 07/26/2006 11:53:14 AM PDT by BJClinton (What happens on Free Republic, stays on Google.)
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To: TightyRighty

That's the thing I keep asking. Why did he keep feeling the compulsion to plant his seed in this wretch ... and please, nobody try to say that it takes two to tango, by the fourth or fifth kid she was probably already losing her grip on things and was probably little more than a receptacle. I mean, if this were my wife, and she was showing signs of catatonia, etc., as Andrea Yates was, I'd be going to the mat to do everything in my power to help her, because that's part of the "contract" I signed onto when I stood before God and made a commitment to her for richer and poorer, in sickness and health, etc., ... but I damn sure wouldn't be making any more babies with her and I damn sure wouldn't be leaving her alone with any kids we already had.


373 posted on 07/26/2006 11:53:30 AM PDT by GB
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To: Wyatt's Torch; All

"Question - if she had no understanding of what she was doing, why did she call the police?"

Have you ever had a dream where some things appear and behave normally, but other parts are totally irrational? It's kind of like that with a psychosis. Just because she called police does not mean that she was not in a psychosis. I'm sure if you'd ask dispatchers and 911 operators they would confirm that they hear from a lot of these people, and probably pretty frequently in large areas.

Within a psychotic episode some behaviors are still 'rational' to the outside world, although what is going on inside that person's head is completely out of whack. It's the same reason why some very mentally ill people are still able to function to some degree, and why some are able to hide it for so long. Also, the illness can act in "cycles" just as you are not happy every day, but have days mixed in where you are upset, or angry, or sad, people with mental illness have good days and bad days. When they are getting help the good days start outweighing the bad days. When they are not getting the help they need the bad days start outweighing the good ones...

I'm honestly grateful when people don't understand mental illness. It's a horrible affliction. I just wish those who didn't understand it would take a moment to really learn about it instead of completely dismissing what others say about these things simply because they dont's "get it". One of the most horrible things about dealing with mental illness is the fact that people just don't understand... And how could you if you've never experienced anything like it.

Another word of caution... Psychosis can also be caused by physical conditions (drug reactions, extreme dehydration, heat stroke, etc...) that can affect people who have absolutely no history of mental illness -- and people can be caught unawares of the risks as well. Before you condemn this woman, consider for a moment that there but for the grace of God go I... What decisions and such would you make if you suddenly had no grasp on reality -- where some things seemed familiar, but others were as if you were walking on Mars?

I grieve for her children. I'm wary of her husband and family. I'm disappointed in her doctors. Only God knows for sure, but if Andrea Yates is this ill, and especially if those around her failed in helping as some have said, I grieve for her as well...


374 posted on 07/26/2006 11:54:11 AM PDT by LibertyRocks (MY BLOG: http://libertyrocks.wordpress.com)
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To: tessalu

I am so sorry.


375 posted on 07/26/2006 11:54:22 AM PDT by kassie
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To: Tired of Taxes

I had a neighbor who was schizophrenic, a girl that I grew up with, and something that made a huge impact on me was the realization that these people literally cannot control their minds or their will. Their minds literally have a mind of it`s own and they are simply passengers.

I remember one episode in particular where I looked right into her eyes to try to make some sort of connection, get her to have some type of control, and I just could not do it. She would always fly away into some totally unrelated tangent which made me realize the difference between people who are normal and people who have schizophrenia, is schizophrenics do not have control of their minds like me or you do. They cannot tell the difference between what is imaginary and what isn`t.

For example say you were talking to somebody and somebody else came up to you and asked you "Why are you talking to yourself?" You would naturally assume that you are not talking to yourself, but talking to a person, but in reality you aren`t. I can`t even imagine the hell these people go through. It must be like being on 50 hits of LSD 24 hours a day. Then they have to deal with drugs that are forced on them which are so strong you wouldn`t believe it.

I remember one time taking one of her Haldol (when I was a lunatic party-er), which is an anti psychotic drug, and I swear for about 4 days I felt just like a zombie, like my mind had completely shut down. Just completely exhausted physically and mentally 24 hours a day, but not exhausted, just shut down. I couldn`t sleep or do anything. It just totally put my mind in this half catatonic state. I remember my brother talking to me and I just stared at him, it took forever for the nuerons in my brain to make the connections to form an answer and then speak. This is why schizophrenics keep falling off their medication, it is just horrible for them.

I don`t know if this Andrea Yates is schizophrenic, but if she is, she cannot be held responsible. The term Schizophrenia literally means "split mind"...What may seem completely illogical to you or me seems logical to them, they cannot tell the difference. The way your mind works while you are asleep and dreaming is how they think when they are awake.


376 posted on 07/26/2006 12:07:21 PM PDT by Screamname (Batman and Godzilla : When will they fight?)
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To: tessalu

"My pain after learning about Post Partum Depression has not ended. It is real pain and so many of us stand helpless in the face of mental illness, and all of the help that some of you have imagined is just not real."


Thank you so much for sharing your story. So many people just do not understand! This is not just the "baby blues" we've all heard about. This is REAL devastating, personality changing mental illness. The woman who suffers from the psychotic version of this illness needs immediate, intense treatment. It needs to be taken seriously.

I feel compassion for Andrea only because I understand the reality of the illness. Of COURSE I feel the most pain for the babies she killed! People think that if you believe that mental illness triggered her actions you are "excusing" her actions. NO! Of course not. She should not just walk free. And she won't.

You, dear FRiend, have witnessed the devastation up close. I am glad your daughter has been able to focus love and attention on her dogs, and to feel their devotion to her. The man who was supposed to stand by her "in sickness and in health" and to love her as his own body,...well I won't type what your post has make me think of him.

I sure hope you, and your daughter, have a chance to know and develop a relationship with her surviving children.

pattyjo


377 posted on 07/26/2006 12:07:23 PM PDT by pj_627
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To: sully777
There is a school of thought that says all humans are good. Evil must occur in a state of insanity

Absolutely. People look at the fact that she systematically murdered 5 children and can't imagine that a mother could do that to her own children unless she was insane. This woman is evil and that is not the same as insane. She knew exactly what she was doing. Just think about the time it must have took to drown 5 children. Look at the fact that she waited until her husband was at work.She was very calculating.

Also her ex-husband is a real piece of work. It's obvious that he has not taken any responsibility for his children being dead.When ever a reporter would ask him about his culpability he would refuse to answer.

also that garbage the Aunt was spewing about him being at the hospital with her making sure she took her medicine and didn't "cheek" it, nurses in the hospital do that, not the spouse.

378 posted on 07/26/2006 12:10:18 PM PDT by Lil Flower ("Without Love, deeds, even the most brilliant, count as nothing." St. Therese of Lisieux)
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To: Ace of Spades

She absolutely can be free again. She can also be free to have 5 more children.


379 posted on 07/26/2006 12:12:19 PM PDT by Lil Flower ("Without Love, deeds, even the most brilliant, count as nothing." St. Therese of Lisieux)
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To: Gay State Conservative
Absolutely. She was found not guilty by reason of insanity. As soon as she is no longer "clinically insane", she's free to go.
380 posted on 07/26/2006 12:15:58 PM PDT by Lil Flower ("Without Love, deeds, even the most brilliant, count as nothing." St. Therese of Lisieux)
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