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humblysuperior
01-06-05, 11:04 AM
Appeals Court Throws Out Andrea Yates Conviction


The Associated Press
Thursday, January 6, 2005; 10:17 AM

HOUSTON -- Andrea Yates' capital murder convictions for drowning her children were overturned Thursday by an appeals court, which ruled a prosecution expert witness gave false testimony at her trial.

Yates' lawyers had argued at a hearing last month before a three-judge panel of the First Court of Appeals in Houston that psychiatrist Park Dietz was wrong when he mentioned an episode of the TV show "Law & Order" involving a woman found innocent by reason of insanity for drowning her children.

After jurors found Yates guilty, attorneys in the case and jurors learned no such episode existed.

"We conclude that there is a reasonable likelihood that Dr. Dietz's false testimony could have affected the judgment of the jury," the court ruled. "We further conclude that Dr. Dietz's false testimony affected the substantial rights of appellant."

The court ruling returns the case back to the trial court for a new trial.

Jurors in 2002 sentenced Yates to life in prison in the 2001 deaths of three of her children. She was not tried in the deaths of the other two.

The defense's appeal cited 19 errors from her trial, but the appeals court said since the false testimony issue reversed the conviction, it was not ruling on the other matters. Among other things, Yates attorneys had claimed the Texas insanity standard is unconstitutional.

Prosecutors told the court last month there was no evidence Dietz intentionally lied and that the testimony was evoked by Yates' defense attorney during cross-examination. They also argued that Dietz's testimony wasn't material to the case and there was plenty of other testimony about Yates' plans to kill her children.

"We agree that this case does not involve the state's knowing use of perjured testimony," the appeals court said in its ruling. But the judges said prosecutors did use the testimony twice and referred to it in closing arguments.

Dietz testified the episode aired shortly before the drownings. Testimony during the trial had indicated Yates watched the television series.

A wet and bedraggled Yates called police to her home on June 20, 2001, and showed them the bodies of her five children: Noah, 7, John, 5, Paul, 3, Luke, 2, and 6-month-old Mary. She had called them into the bathroom and drowned them one by one.

According to testimony, Yates was overwhelmed by motherhood, considered herself a bad mother, and had attempted suicide and been hospitalized for depression.

Prosecutors acknowledged she was mentally ill but argued that she could tell right from wrong and was thus not legally insane.

The case stirred debate over the legal standard for mental illness and whether postpartum depression is properly recognized and taken seriously. Women's groups had harshly criticized prosecutors for pushing for the death penalty.

© 2005 The Associated Press

femalemarine_89
01-06-05, 12:13 PM
That Dr. should have his license revoked. He has no right to be a Dr. As for that being part that made the jury decide.. that is yet to actually be known. A whole new trial, Well guess we will have to wait to see what happens in this one. But I know what I think should happen to someone who kills an innocent child..


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JAG5150
01-06-05, 12:28 PM
Maybe when she is in transport the van will have a blow out, land in a lake, and the officers won't be able to extract her in time before she drowns. Sounds like poetic justice.

femalemarine_89
01-06-05, 12:35 PM
LOL@JAG.. you sound more and more like me everyday..





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JAG5150
01-06-05, 12:41 PM
I want to be a Gunny some day.

femalemarine_89
01-06-05, 12:42 PM
LOL.. But you cant be this one.. LMAO







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JAG5150
01-06-05, 12:51 PM
Oh but I an try, I can try

femalemarine_89
01-06-05, 12:54 PM
Ummm no Jag you cant me me.. I am sorry.. Lets see there is a big difference between you and me.. IM FEMALE :P... lol



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JAG5150
01-06-05, 12:57 PM
Yeah and I sureky hope that you are not 6'4" and 280lbs. either

femalemarine_89
01-06-05, 12:58 PM
naw how bout a whoppin 5'4.. my little brother is taller than i am.. but im still taller than my sister.. she is only 4'7





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JAG5150
01-06-05, 01:00 PM
That's O.K., I still fear you, my wife is 5'3" but if you ask her she's 5'4". I have respect for the vertically challenged.

femalemarine_89
01-06-05, 01:02 PM
yeah My husband didnt know what I ment the first time I told him I was vertically challenged.. Now he does. Yeah he fears me as Im a Marine, Im a REDHEAD, and Im little.. as you know dynomite comes in small packages..



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JAG5150
01-06-05, 01:08 PM
Little package, big bang.

femalemarine_89
01-06-05, 01:09 PM
You got that right.. LOL.. add liqour and shake.. ROFLMAO..







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Namvet67
01-06-05, 01:14 PM
And she is red headed Cop....watch out when you travel through Washington. Oh by the way fm89...did you marry another law enforcement officer? You said no fights yet...naw he can't be a cop too. gbudd

femalemarine_89
01-06-05, 01:16 PM
Actually no.. He is an electrician in the Navy..




strange combo I know...



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JAG5150
01-06-05, 01:17 PM
sounds more like nitro than dynomite.

femalemarine_89
01-06-05, 01:18 PM
LOL.. i will have to remember that..




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Sgt Sostand
01-07-05, 09:52 AM
She Should have never been Charged she a Crazy Persion and need help

yellowwing
01-07-05, 09:55 AM
Actually no.. He is an electrician in the Navy..
So this policewoman and an electrician walk into a bar...

...there has to be a good punchline for that one! :)

femalemarine_89
01-07-05, 12:28 PM
LOL.. well yellow.. whats the punch line for this one??

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