Four years after Andrea Yates faced the death penal­ty for the drown­ing deaths of her chil­dren, a sec­ond jury found her not guilty by rea­son of insan­i­ty. In Yates’ first cap­i­tal mur­der tri­al in 2002, jurors con­vict­ed her of mur­der and rec­om­mend­ed a sen­tence of life in prison. That con­vic­tion was over­turned on appeal last year after it was shown that the state’s psy­chi­atric wit­ness pre­sent­ed false tes­ti­mo­ny. In the sec­ond tri­al, jurors delib­er­at­ed for 13 hours before find­ing that Yates did not know her crime was wrong because of her long his­to­ry of men­tal ill­ness.

Yates had a his­to­ry of psy­chi­atric hos­pi­tal­iza­tions and two sui­cide attempts before she drowned her chil­dren in 2001. She was lat­er diag­nosed with post­par­tum depres­sion with psy­chot­ic fea­tures and schiz­o­phre­nia. During their delib­er­a­tions, jurors viewed a video­taped eval­u­a­tion of Yates by Dr. Philip Resnick, a foren­sic psy­chi­a­trist. He found that Yates did not know that killing her chil­dren was wrong because she was try­ing to save them from hell. Resnick, who inter­viewed Yates short­ly after the 2001 mur­ders, stat­ed she was delu­sion­al and believed her chil­dren would grow up to be crim­i­nals because she had ruined them. The jurors also viewed a video­taped eval­u­a­tion con­duct­ed by Dr. Park Dietz, a state’s wit­ness who tes­ti­fied dur­ing Yates’ first tri­al. Dietz con­clud­ed that Yates was not psy­chot­ic when she drowned her chil­dren, and he went on to tes­ti­fy that an episode of Law & Order” depict­ed a woman who was acquit­ted by rea­son of insan­i­ty after drown­ing her chil­dren. It was lat­er deter­mined that no such episode of Law & Order” exist­ed, and Dietz’s mis­lead­ing tes­ti­mo­ny led an appeals court to over­turn the con­vic­tion. The judge barred attor­neys in this most recent tri­al from men­tion­ing that issue. 

Yates will like­ly be trans­fered from Harris County Jail to Vernon State Hospital, a max­i­mum-secu­ri­ty men­tal health facil­i­ty in North Texas.

(Associated Press, July 27, 2006 and Houston Chronicle, July 27, 2006). See Mental Illness. DPIC note: In Yates’ first tri­al, her jury was death-qual­i­fied” since the pros­e­cu­tion was seek­ing the death penat­ly. Studies have shown that such juries are more like­ly to con­vict and to favor the state’s pre­sen­ta­tion of the case. See DPIC’s report, Blind Justice.” In her sec­ond tri­al, death was not being sought, so the jury did not have to con­sist of only those who could impose a death sen­tence.

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