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OFKU0 · 01-06-2005, 11:16 AM

Texas mom's murder convictions overturned
CTV.ca News Staff

The Texas mother currently serving a life sentence for drowning her five kids in a bathtub will get another trial. Andrea Yates has had her conviction overturned.

In a decision issued Thursday, the Texas First Court of Appeals reversed Yates' capital murder conviction, saying the original trial judge was wrong not to declare a mistrial back in 2002.

During that trial, Yates' attorneys argued that post-partum depression had made her insane at the time she lured her children to the bathroom, one by one, drowning each of them in a tub filled with cold water.

Prosecutors conceded Yates was suffering some form of mental illness, but countered with their own argument -- that she was still able to distinguish right from wrong.

In Texas, that's considered the legal test for insanity.

It took a jury less than four hours to convict Yates of drowning three of her kids, who ranged in age from 6 months to seven years. Although she was eligible for the death penalty, the jury sentenced her to life in prison.

When it was over, her legal team vowed to appeal on the grounds a prosecution expert witness had given damning, but false evidence during the trial.

Last month, her lawyers argued at a Houston appeal court that psychiatrist Park Dietz misled the court during Yates' murder trial. Dietz had testified that he consulted on an episode of the popular TV show Law & Order, in which a woman who drowned her children is found innocent by reason of insanity.

Testimony during her trial indicated Yates watched the television series.

No such episode existed, they said, but the mere suggestion of it could have planted doubts in the jurors' minds.

In its ruling Thursday, the court agreed.

"We conclude that there is a reasonable likelihood that Dr. Dietz's false testimony could have affected the judgment of the jury," the three-judge panel wrote in its decision.

"We further conclude that Dr. Dietz's false testimony affected the substantial rights of appellant."

With files from The Associated Press

http://g.msn.com/0US!s6.73430_734763/2.d7371/3??cm=CTVNews

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Well for one, I think the shrink should have charges against him for relaying false information, but how about a new trial? I'm sure the insanity plea is the reason but is it a good reason?

How does one prove insanity as opposed to premeditation of murder? What conditions apply to those convicted of murder or that of insanity regarding future parole possibilities? Is it possible she may not serve jail time or have a reduced sentence if found insane? What's fair and what should be fair punishment?

01-06-2005, 11:16 AM	#1 (permalink)
OFKU0 Junk	Texas mom's murder convictions overturned Texas mom's murder convictions overturned CTV.ca News Staff The Texas mother currently serving a life sentence for drowning her five kids in a bathtub will get another trial. Andrea Yates has had her conviction overturned. In a decision issued Thursday, the Texas First Court of Appeals reversed Yates' capital murder conviction, saying the original trial judge was wrong not to declare a mistrial back in 2002. During that trial, Yates' attorneys argued that post-partum depression had made her insane at the time she lured her children to the bathroom, one by one, drowning each of them in a tub filled with cold water. Prosecutors conceded Yates was suffering some form of mental illness, but countered with their own argument -- that she was still able to distinguish right from wrong. In Texas, that's considered the legal test for insanity. It took a jury less than four hours to convict Yates of drowning three of her kids, who ranged in age from 6 months to seven years. Although she was eligible for the death penalty, the jury sentenced her to life in prison. When it was over, her legal team vowed to appeal on the grounds a prosecution expert witness had given damning, but false evidence during the trial. Last month, her lawyers argued at a Houston appeal court that psychiatrist Park Dietz misled the court during Yates' murder trial. Dietz had testified that he consulted on an episode of the popular TV show Law & Order, in which a woman who drowned her children is found innocent by reason of insanity. Testimony during her trial indicated Yates watched the television series. No such episode existed, they said, but the mere suggestion of it could have planted doubts in the jurors' minds. In its ruling Thursday, the court agreed. "We conclude that there is a reasonable likelihood that Dr. Dietz's false testimony could have affected the judgment of the jury," the three-judge panel wrote in its decision. "We further conclude that Dr. Dietz's false testimony affected the substantial rights of appellant." With files from The Associated Press http://g.msn.com/0US!s6.73430_734763/2.d7371/3??cm=CTVNews ----------------------------------------------------------------------- Well for one, I think the shrink should have charges against him for relaying false information, but how about a new trial? I'm sure the insanity plea is the reason but is it a good reason? How does one prove insanity as opposed to premeditation of murder? What conditions apply to those convicted of murder or that of insanity regarding future parole possibilities? Is it possible she may not serve jail time or have a reduced sentence if found insane? What's fair and what should be fair punishment? __________________ " In Canada, you can tell the most blatant lie in a calm voice, and people will believe you over someone who's a little passionate about the truth." David Warren, Western Standard.