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Prosecutors 'Seriously Considering' Case Against Russell Yates (Negligent Homicide)
ABC News ^ | March 16, 2002 SGT | Elenn Davis and Mike von Fremd

Posted on 03/16/2002 7:41:28 AM PST by codebreaker

Prosecutors will weigh a number of factors that may lead them to prosecute Andrea Yates husband Russell for either child endangerment or negligent homicide. ABC News has learned.

No decision has been made, but it is being seriously considered, sources said. Prosecutors would charge Russell Yates if an when the evidence warrants, but do not have the evidence now, sources said.

Andrea Yates 37, was convicted Tuesday of two capital murder charges filed in the killings of her children last June.


TOPICS: Breaking News; Crime/Corruption; US: Texas
KEYWORDS: charges; father; homicide; yates
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To: cactusSharp
I am aware of one antipsychotic that she was taking - HALDOL (or Haloperidol if you prefer)

used in the treatment of chronic psychosis and also used to control Tourette's syndrome. Also used to control sever behavioral problems in children.

ACTION - Alters the effects of dopamine in the CNS, also has antichollinergic and alpha-adrenergic blocking activity.

THERAPUTIC EFFECT - Diminishes signs and symptoms of psychosis.

Usage safety has not been established in pregnant or lactating women, and from what I remember, sugar does not interfere with the drug - although other CNS depressants and antidepressants will

221 posted on 03/16/2002 11:56:51 AM PST by CAPPSMADNESS
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To: dubyaismypresident; xsmommy; one_particular_harbour;
Thanks. I think you all have seen that article I reposted on #140.
I thought that was relevant to this since it told a lot about Rusty's involvement in this. . .
Well, I'm off to rustle up some grub. . .er, buy some groceries!
222 posted on 03/16/2002 12:03:02 PM PST by MeekOneGOP
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To: I still care

just letting you guys know it is NOT as easy as you think it might be.

Well done. Some 90 percent of the folks here would have YOU put in jail for your effort. What a bunch of animals. Sorry for your pain, but thank you for adding a touch of sanity to this thread.

223 posted on 03/16/2002 12:14:15 PM PST by Zviadist
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To: LaBelleDameSansMerci; cake_crumb
Re: Your #167. . .
Perhaps you might give him the Father of the Year Award then? /sarcasm
If you hadn't noticed, Rusty is grasping to blame everyone and I haven't noticed
him saying "maybe I screwed up" or anything close to that. . .
It doesn't take a rocket scientist to see that she needed help and he sure can't be
given the "Above and beyond the call of duty" award, IMHO. . .
224 posted on 03/16/2002 12:16:54 PM PST by MeekOneGOP
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To: LaBelleDameSansMerci

They believe, like all good testicle-carrying gender feminists, that women are permanent, crippled two-year olds and cannot be held responsible for anything they do. And...

Makes one wonder. That's all I can say. Clearly the mob has taken over this site. The Court TV-watching, Jerry Springer-loving riff raff, whose thought proceses extend not much further than who should be the next person or group that should get killed. As the good Rep. Trafficant would say, "beam me up."

225 posted on 03/16/2002 12:20:47 PM PST by Zviadist
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To: jude24
Yeah, this one was tough. I wouldn't pretend otherwise. And I'm not surprised that the jury didn't vote for her execution.

My earlier post was merely designed to point out that the whole thing is a mess. It leaves society somehow unsatisfied. I just don't think the solution is to go after the husband as an outright criminal.

In times past, criminality was considered to involve strictly malevolent intent. Even the idea of reckless endangerment seems to involve the idea of malevolence inherent in some cases of horrible thoughtlessness. But we need to be careful not to charge everyone in sight as criminals every time something bad happens. Unfortunately, this is what we are doing. We are using legal "remedies" too often. We are getting more and more legalistic in our day, we are criminalizing more and more things.

There was a recent case of an ER physician in good ol' California who was convicted of some kind of homicide charge in the death of a child. I went back and read a summary of the case and was disgusted to see that the case involved only a tragic mistake of the sort which many conscientious physicians might have made under the circumstances. The mistake by the physician, although rather scary, was not what I found disgusting. I was disgusted to notice that the prosecutor was grandstanding as the Protector of the Public against these Wicked Doctors.

The whole thing really was nauseating. Shakespeare would warn us about the likes of that lawyer.

One of my specific concerns in the Yates case is that the State's proposal to prosecute Russell Yates is the sort of thing the liberals would cry out for even as they would refuse to execute the mom. The liberals are the most viciously misguided users of the power of law when we give them the chance.

I regard the charges which are being contemplated against Russell Yates as an attack on the family masquerading as a defense of the family.

Why do I say that? Well, I keep hearing the liberals' mantra of "It's for the children." Personally, I believe that today's liberals are just self-righteous fools who ordinarily do not have the foggiest idea what to do for our children. They just want to take charge. As a matter of fact. they sometimes destroy families in the name of "the children."

We must not be simplistically quick to criminalize bad judgment. I think that if it had dawned on Russell Yates that his wife might have been at risk to kill his kids, he would have acted to prevent it. I just don't think he grasped the dangers of the depths of major depression with psychotic features.

As a matter of fact, MOST people don't grasp the dangers. And I don't think hanging him out to dry is going to fix the problem. It would just set another precedent for the State to say "Your children really do belong to us."

***

I really do think that a deeper problem in the case, one which is NOT being addressed AT ALL, is the theology to which Andrea Yates was exposed. I think that while we are blustering around by talking about the pros and cons of indicting the husband, we are letting the real Monster off scott-free.

***

As an aside, I would take the position that the Mosaic code is not in force as codified law. It was covenantal, not universal. The fact that if contained some universal points which are moral absolutes even in the absence of the Mosaic code is another matter. (In fact, the sanction specified for murder actually goes back at least as far as the Noahic covenant.)

226 posted on 03/16/2002 12:23:46 PM PST by the_doc
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To: MaggieMay
Those children lived in a dysfuctional home, the adults were only concerned with their own survival. No one was taking care of mental and physical wellbeing of the five children. If there is a crime then that is it, no one gave a damm about the kids.

So bringing in the grandmother to help out wasn't helping the kids? So the grandmother didn't 'give a damn' about the kids? So homeschooling wasn't an attempt to help the kids? Why do parents take on the added expense and difficulty of homeschooling if it is not for the kids? So taking their mom to all kinds of doctors to try and deal with the mental problems wasn't going an attempt that would benefit the kids? Trying to keep the family together wasn't an attempt to help the kids? Ever hear the statistics connecting deliquency to single-parent homes?

Gossipy judgementalism is also a sin, in most Bibles.

227 posted on 03/16/2002 12:38:04 PM PST by Diddle E. Squat
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To: LaBelleDameSansMerci
From what I've read here...most of those on this thread who feel that Rusty should be prosecuted are NOT giving Andrea a free pass...they know she is guilty and deserves punishment, but also feel that he (at least from the various statements he has made) was negligent, perhaps even crimanally so.

(*note* we homeschool -- and if the schooling parent does not have true support and lots of household help from their spouse it can be overwhelming, esp. with so many young

228 posted on 03/16/2002 12:39:27 PM PST by twyn1
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To: Zviadist
"What this really is, contrary to what many will say on this thread, is an attack on traditional lifestyles. "

Wow you are scary. So the Yates's are your heros because they lived a traditional lifestyle? It doesn't bother you that Mrs. Yates killed her kids and her husband was too stupid to figure out that his wife was mentally ill and shouldn't be left alone with them?

I guess people who live a traditional lifestyle can do no wrong in your universe. sheesh.... you need a reality check.

229 posted on 03/16/2002 12:39:29 PM PST by monday
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To: Zviadist
I'm not so sure of your thesis that if this were a "traditional" middle America Family...Just take a look at the Van Dams. As liberal of a couple as you can get, and look what's happening to them.
230 posted on 03/16/2002 12:42:37 PM PST by Hildy
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To: Zorobabel;ctonious
Another thing that struck me, was the first phone conversation that Rusty and Andrea had right after the murders where she said to him, "well I finally went and did it." His response was, "which one?" Not "what are you talking about," or "did what?"

I remember reading that......can you find a link? There was another poster (ctonious) who remembered those words too, but wasn't positive he remembered correctly. I think that shows Rusty's negligence for which the prosecutors can hold him accountable.

231 posted on 03/16/2002 12:45:04 PM PST by nicmarlo
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To: twyn1;LaBelleDameSansMerci;MeeknMing
There was an implication that they could not afford the medication or a better doctor, yet Rusty belonged to a Health Club and bought himself a very fancy touring bike

Excellent points, twyn1; and good observation re above quote. I do remember hearing Rusty say they couldn't afford things.....me not realizing at the time that he belonged to a gym. I also heard, however, that the doctor stopped her meds....not because they couldn't afford it. Is this true?

232 posted on 03/16/2002 12:49:28 PM PST by nicmarlo
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To: codebreaker
I really don't no how much more punishment you could inflict on Russel Yates then what he will suffer for the rest of his life.I really don't.I do not believe he would have the left the children alone with her if he had known she wanted to kill them.
233 posted on 03/16/2002 12:50:50 PM PST by linn37
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To: spectre
The problem with indicting him, and even her doctors, is that none of the parties had foreknowledge she was likely to harm anyone. Without that (legalese) factor, he will likely win acquittal if charged. She had not harmed anyone before and, based upon her past behavior, the best available predictor of her actions would have been her prior behavior.
234 posted on 03/16/2002 12:51:23 PM PST by Rudder
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To: the_doc
In times past, criminality was considered to involve strictly malevolent intent. Even the idea of reckless endangerment seems to involve the idea of malevolence inherent in some cases of horrible thoughtlessness. But we need to be careful not to charge everyone in sight as criminals every time something bad happens. Unfortunately, this is what we are doing. We are using legal "remedies" too often. We are getting more and more legalistic in our day, we are criminalizing more and more things.

Let me quote the great passage from Nietzsche again about the ochlocracy thirst for "justice":

Lo, this is the tarantula's den! Would'st thou see the tarantula itself? Here hangeth its web: touch this, so that it may tremble.

There cometh the tarantula willingly: Welcome, tarantula! Black on thy back is thy triangle and symbol; and I know also what is in thy soul.

Revenge is in thy soul: wherever thou bitest, there ariseth black scab; with revenge, thy poison maketh the soul giddy!

Thus do I speak unto you in parable, ye who make the soul giddy, ye preachers of EQUALITY! Tarantulas are ye unto me, and secretly revengeful ones!

But I will soon bring your hiding-places to the light: therefore do I laugh in your face my laughter of the height.

Therefore do I tear at your web, that your rage may lure you out of your den of lies, and that your revenge may leap forth from behind your word "justice."

Because, FOR MAN TO BE REDEEMED FROM REVENGE--that is for me the bridge to the highest hope, and a rainbow after long storms.

Otherwise, however, would the tarantulas have it. "Let it be very justice for the world to become full of the storms of our vengeance"--thus do they talk to one another.

"Vengeance will we use, and insult, against all who are not like us"--thus do the tarantula-hearts pledge themselves.

"And 'Will to Equality'--that itself shall henceforth be the name of virtue; and against all that hath power will we raise an outcry!"

Ye preachers of equality, the tyrant-frenzy of impotence crieth thus in you for "equality": your most secret tyrant-longings disguise themselves thus in virtue-words!

Fretted conceit and suppressed envy--perhaps your fathers' conceit and envy: in you break they forth as flame and frenzy of vengeance.

What the father hath hid cometh out in the son; and oft have I found in the son the father's revealed secret.

Inspired ones they resemble: but it is not the heart that inspireth them-- but vengeance. And when they become subtle and cold, it is not spirit, but envy, that maketh them so.

Their jealousy leadeth them also into thinkers' paths; and this is the sign of their jealousy--they always go too far: so that their fatigue hath at last to go to sleep on the snow.

In all their lamentations soundeth vengeance, in all their eulogies is maleficence; and being judge seemeth to them bliss.

But thus do I counsel you, my friends: distrust all in whom the impulse to punish is powerful!

They are people of bad race and lineage; out of their countenances peer the hangman and the sleuth-hound.

Distrust all those who talk much of their justice! Verily, in their souls not only honey is lacking.

And when they call themselves "the good and just," forget not, that for them to be Pharisees, nothing is lacking but--power!
(Thus Spake Zarathustra)

235 posted on 03/16/2002 12:57:40 PM PST by A. Pole
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To: Zorobabel;ctonious
From Time.com: The Yates Odyssey

She called 911 and then her husband. "It's time. I finally did it," she said before telling him to come home and hanging up. He called back to ask what happened.

"It's the kids," she said.

He asked which of five.

"All of them."


236 posted on 03/16/2002 12:59:07 PM PST by nicmarlo
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To: Robert_Paulson2
You sir, are on a roll.
237 posted on 03/16/2002 1:05:25 PM PST by codebreaker
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To: Diddle E. Squat
I will repeat my statement, "there are five victims..." Homeschooling, mother-in-law,clean/messy house, keeping family intact,doctors... did not help the five children. My only question is then "who was responsible for the safty of the children?"
238 posted on 03/16/2002 1:05:28 PM PST by MaggieMay
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To: MaggieMay
safty=safety
239 posted on 03/16/2002 1:07:18 PM PST by MaggieMay
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To: Rudder
Even the mother in law had forknowledge that this was going to happen, she had tried to hurt herself twice already and Rusty still kept knocking her up.
240 posted on 03/16/2002 1:09:10 PM PST by codebreaker
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