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Texas Mom Found Guilty In
Child-Drowning Case

By Jeff Franks
3-12-2


HOUSTON (Reuters) - A Texas jury took less than four hours to reject Andrea Yates' insanity plea on Tuesday and find her guilty of murder for drowning her five children in a decision that left the courtroom in stunned silence.
 
"Oh God," gasped husband Rusty Yates, in the only words spoken as District Judge Belinda Hill read the verdict that could bring the Texas mother the death penalty in a case that stirred bitter debate on the legal rights of the mentally ill.
 
Andrea Yates, on anti-psychotic medicine since she was jailed for the shocking June 20, 2001, crime, was impassive at first, then choked back a sob as she looked at mother Jutta Karin Kennedy and her brothers.
 
Lawyer George Parnham put his arm around his shaken client, who confessed to killing her children, but pleaded not guilty by reason of insanity because of an extensive history of mental illness.
 
Rusty Yates, a NASA engineer who opposed criminal prosecution of his wife, dropped his head into his hands, while his mother hugged him. Wordlessly, he got up and nearly ran from the courtroom and out of the courthouse in downtown Houston.
 
In contrast to the usual hubbub that follows a court verdict, spectators filed out of the wood-paneled courtroom in silence, appearing stunned by the jury's decision and the speed at which they reached it after more than three weeks of testimony.
 
The eight women and four men of the jury, which has been sequestered throughout the trial, took just 3 hours and 40 minutes to decide Yates' guilt.
 
SAVING THEM FROM DEVIL
 
The former nurse and high school valedictorian drowned Noah, 7, John, 5, Paul, 3, Luke, 2, and Mary, six months, one by one in the bathtub of their Houston home in the belief that she was saving them from the devil.
 
Parnham and fellow defense lawyer Wendell Odom argued Yates was a loving mother who spiraled into a severe, psychotic form of postpartum depression that started after her fourth pregnancy and worsened after her last.
 
She was mentally ill for at least two years before the murders, twice attempting suicide and four times being treated in a mental hospital, experts testified.
 
Prosecutors Joe Owmby and Kaylynn Williford sought a guilty verdict, arguing Yates was sick, but sane enough to know the crime was wrong, the only standard for legal sanity in Texas.
 
On Thursday, the jury will hear testimony in the sentencing phase of the trial. Under Texas law, their only options are life in prison with no chance for parole for 40 years, or death by lethal injection.
 
Harris County, where Houston is the county seat, sends more people to death row than any other county in the nation. Texas leads the United States in executions.
 
With its verdict, the jury rejected the defense's plea that their verdict serve as a "springboard" for improved women's mental health care. The defense has framed the case as a women's mental health issue, and garnered support from the National Organization of Women, a women's rights group.
 
NO JUSTICE
 
"This woman was schizophrenic. This woman was insane. Maybe some good will come out of this case. It's too late to help Andrea, but maybe other women will be helped," said Deborah Bell, president of the Houston chapter of NOW.
 
"What happened today was not justice," she said.
 
The American Civil Liberties Union agreed, calling the verdict "an unbelievable and unspeakable tragedy."
 
"If the prosecutor decides to go forward and seek the death penalty for Yates, this would be yet another example of the kind of over-reaching that we have seen all too often in Harris County and in Texas," the ACLU said in a statement.
 
Owmby and Williford were not available for comment after the verdict, but in closing arguments on Monday, they blasted away at the notion that Yates was a loving mother gone insane.
 
Instead, they said the murders were well-planned acts of revenge against what some witnesses said was her domineering husband. "Andrea Yates knew right from wrong and she made the choice on June 20 to kill her children, deliberately and with deception," Williford said.
 
"Andrea Yates took back control of her life that day."
 
She described the death of Noah, the last to die, recounting how he tried to escape death by telling Yates he was sorry. "She got him, and the loving act of that mother was to leave his body floating in the tub," Williford said.
 
Odom argued Yates "killed those children out of love, because a loving mother would do anything to save (them from) what she perceives is a danger to her children."
 
TEXAS LAW UNDER FIRE
 
"If Andrea Yates is not insane, then we really just don't have an insanity defense (in the law), do we?" Odom said.
 
Parnham called the jury's verdict "devastating" and "extremely disappointing."
 
He slammed the Texas insanity law as a relic that shows mental illness is still poorly understood.
 
"The state of Texas has to do something to address mental illness and the law. We're still back in the days of the Salem witch trials. ... We're in the dark ages," Parnham said.
 
Texas law once included a provision that a person could be found insane if they could not stop themselves from committing a crime because of mental illness, but that was removed after John Hinckley won acquittal for insanity after trying to kill President Ronald Reagan in 1981.
 
Had Yates been acquitted, she would have been sent to a state mental institution until Judge Hill deemed her cured, but the jury could not be told that under Texas law.


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