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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: Gay State Conservative
The article has the answer why no death penalty considered:

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.

21 posted on 07/26/2006 9:53:53 AM PDT by CedarDave (Positive proof of global warming: http://i9.photobucket.com/albums/a75/mommado/proof.jpg)
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To: cajunman

At least the cable outlets will have something to talk about. They always fail us so terribly on the really important stuff, but let some nutcase knock off a family member, and they are wall-to-wall. How many "Trials of the Century" does this make, so far?


22 posted on 07/26/2006 9:54:19 AM PDT by thelastvirgil (Incumbent politicians: PUBLIC ENEMY NUMBER ONE.)
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To: TomGuy

The current jury was not asked about support for the death penalty because the prosecution was barred from seeking the death penalty in the retrial.


23 posted on 07/26/2006 9:54:50 AM PDT by JustaDumbBlonde
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To: Hydroshock

She may be insane, but she deserves to be executed just the same.

If a person is insane, it does not matter. They do not deserve any "mercy" because of their condition.

They need to be executed just as much as a rational murderer.


24 posted on 07/26/2006 9:59:07 AM PDT by rwfromkansas (http://xanga.com/rwfromkansas)
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To: cajunman

Maybe she pleaded "not guilty due to insanity" so that she will be released and free to give herself the death penalty.

Well, one can hope, anyway...


25 posted on 07/26/2006 9:59:17 AM PDT by Tired of Taxes (That's taxes, not Texas. I have no beef with TX. NJ has the highest property taxes in the nation.)
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To: cajunman

She's a woman, therefore she must have been insane to kill her children.

Not Guilty, BROI.


26 posted on 07/26/2006 9:59:36 AM PDT by Lunatic Fringe (Man Law: You Poke It, You Own It)
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To: All

Everyone is in the Court room now...


27 posted on 07/26/2006 10:00:13 AM PDT by mystery-ak (My Son, My Soldier, My Hero..............)
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To: Tired of Taxes

If they find her not guilty due to insanity, will she be set free???? Can she be found not guilty and still be kept locked up???

Becky


28 posted on 07/26/2006 10:00:51 AM PDT by PayNoAttentionManBehindCurtain
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Live coverage on Court TV


29 posted on 07/26/2006 10:01:10 AM PDT by mystery-ak (My Son, My Soldier, My Hero..............)
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To: cajunman
Photobucket - Video and Image Hosting

Looks like she's been eating pretty good.
30 posted on 07/26/2006 10:01:43 AM PDT by TomGuy
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To: mystery-ak

Judge warning against outbursts. Jury coming in now.


31 posted on 07/26/2006 10:01:57 AM PDT by CedarDave (Positive proof of global warming: http://i9.photobucket.com/albums/a75/mommado/proof.jpg)
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To: mystery-ak

Anything?


32 posted on 07/26/2006 10:02:42 AM PDT by EQAndyBuzz (Democrats - The reason we need term limits)
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To: EQAndyBuzz

still waiting...jury just arrived...verdict handed to judge...


33 posted on 07/26/2006 10:03:32 AM PDT by mystery-ak (My Son, My Soldier, My Hero..............)
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To: EQAndyBuzz

Jury being seated...


34 posted on 07/26/2006 10:03:38 AM PDT by CedarDave (Positive proof of global warming: http://i9.photobucket.com/albums/a75/mommado/proof.jpg)
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To: CedarDave; Admin Moderator

Not Guilty by reason of insanity


35 posted on 07/26/2006 10:04:04 AM PDT by cajunman
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To: CedarDave

NOT GUILTY


36 posted on 07/26/2006 10:04:11 AM PDT by silentknight
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To: CedarDave

Not guilty by reason of sanity......


37 posted on 07/26/2006 10:04:13 AM PDT by mystery-ak (My Son, My Soldier, My Hero..............)
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To: mystery-ak

Keep typing --- following the news via this thread....

CC :)


38 posted on 07/26/2006 10:04:21 AM PDT by CheneyChick
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To: EQAndyBuzz

Here we go.


Not Guilty! Reason of Insanity.


39 posted on 07/26/2006 10:04:29 AM PDT by EQAndyBuzz (Democrats - The reason we need term limits)
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To: cajunman
The Mother who Drowned her FIVE children in cold blood has been rendered NOT GUILTY by Reason of Insanity

Idiots!!!!!!!!

sw

40 posted on 07/26/2006 10:04:41 AM PDT by spectre (Spectre's wife)
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