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Editor: Kevin Cole
Univ. of San Diego School of Law

Thursday, January 6, 2005

Andrea Yates Appeal: Phony "Law and Order" Testimony; UPDATE: CONVICTION REVERSED

Paulayates Andrea Yates, convicted of murder for drowning her children, has appealed on the ground that an expert who testified against her lied about being a consulting expert on the television show "Law and Order."  According to the story:

"Yates' attorney Troy McKinney focused on expert witness Park Dietz, who McKinney said "told a whopper of a falsehood" when he said he consulted on an episode of the TV show "Law and Order" involving a woman found innocent by reason of insanity for drowning her children."

"Dietz testified the episode aired shortly before the drownings, and testimony during the trial indicated Yates was a viewer of the series."

"After jurors found Yates guilty, attorneys in the case and jurors learned that no such "Law and Order" episode existed. McKinney called the testimony the "dynamite" that had turned the tide of the trial against his client."

More here. [Jack Chin]

UPDATE:  CONVICTION REVERSED. Story here.  [Jack Chin]

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This women is a brutal selfish
demon from hell who has used
"post pardom depression" as an
excuse for murder. The devil made
me do it line is crap. She is a
cold blooded MURDERER!!!! She is
not a victim. she knew exactly
what she was doing! Burn burn'

Posted by: Jeff Allen | Jan 6, 2005 8:59:39 AM

TEN experts testify she was nuts.
Only ONE expert says she knew what she was doing AND he based his decision in part on his own perjured testimony.

We do not "punish" the insane.
Jeff Allen is ignorant and cruel.

Posted by: Debra | Jan 6, 2005 10:14:32 AM

This is such a waste. The end result is the taxpayers will have to foot the bill for another trial, her family will have to go through this again, the court and the government will have to take time away from other cases, and she will STILL be found guilty.

Posted by: David | Jan 6, 2005 12:02:53 PM

Insanity is an affirmative defense in Texas, not unlike selfdefense or duress. Ms. Yates certainly has the right if not the the obligation to assert the affirmative defense as it certainly applies to her. Her trial was mired by injustice, not the least of which was false testimony that was the only evidence admitted at trial that suggested rational behavior on her part. Any of us could at any time suffer from a disease of the mind. Ultimately, how we treat the most vulnerable people in our society determines our humanity. You cannot put a price on that.

Posted by: Elana | Jan 10, 2005 7:50:15 PM

This women is RESPONSIBLE for the murder of her OWN children! Does anyone really care why she did, she did it!!!! But our wonderful liberal media is claiming she is not a threat to society! Give me a break! Did anyone bother to consider this tragic event from the side of the children? Put away your pyscho babble for a moment, and think how aweful it would have been to be the last and oldest Yates child. After realizing your mother had just murdered your brothers and sisters and now she is coming for you. Who will take up for them! I can not think of anything that would equate to that level of fear. Without one doubt she is a COLD BLOODED MURDERER and should never, ever see the outside of her prison cell. I only wish I could contact her directly, shame on you Andrea Yates!!!!!

Posted by: Karla Batchelder | Jan 11, 2005 9:40:30 PM

I guess what Im having a problem with is that she and her husband both were aware of her post partum depression after her 3rd child. Why have more kids?? She killed the
kids and no matter what they do to her in court she will have to stand before God with that one day and she will have to live with that knowledge forever. I would have given her the death penalty had I been the judge, death by drowning!

Posted by: Linda Cooper | Mar 28, 2006 12:33:56 PM

Mrs. Yates stated that she had to kill her children to keep them from going to hell. "These were their innocent years. God would take them up." Which of her diagnosed mental disorders taught her this theology? None of them! She learned it from Christian pastors and theologians.
So two elements are intertwined in these religious child murders. When she reached the very depths of her depression, she did not seek the psychiatric help which had previously failed her. She resorted to her religious teachings and wonderfully saved her children from possibly burning in hell for eternity. Great evangelists and pastors provide her and future child murderers positive feedback by falsely proclaiming that the children are now with God in heaven for all eternity. That is, she succeeded! Eliminating either of these two elements will prevent these misguided murders. I cannot affect the psychiatric element, but my website debunks the immortal soul myth that caused Andrea Yates and others to murder their innocent children and send them to heaven. Twenty-four such murders are detailed on the Memorial Page of! Christian mothers need to learn the truth.

Posted by: Terry | Apr 11, 2006 1:03:10 PM

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