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Charles' Crime / Punishment Blog

By Charles Montaldo, About.com Guide to Crime / Punishment since 2004

Court Tosses Andrea Yates' Conviction

Wednesday November 9, 2005
The Texas Supreme Court has upheld a lower court's ruling that overturned the murder conviction of Andrea Yates for the drowning deaths of three of her five children and the district attorney said she will be tried again.

The high court let stand a First Court of Appeals ruling that overturned Yates' 2002 conviction because of false testimony presented at her trial by psychiatrist Park Dietz. Harris County Assistant District Attorney Alan Curry asked the supreme court to review the ruling because he said the court wrongly applied the law.

Dietz told the jury that Yates had seen an episode of the TV show "Law & Order" involving a woman found innocent by reason of insanity for drowning her children. There was no such episode of the popular television show.

Now Curry says that Yates will be tried again, or a plea agreement will be worked out. "Andrea Yates knew precisely what she was doing," Curry said. "She knew that it was wrong."

Defense attorney George Parnham said his mentally ill client belongs mental health facility, not in prison.

"She has been told she will be retried," Parhnam said. "She doesn't want to go through this process. She is very concerned about it. The right thing needs to be done here."

See Also:
DA: New Trial for Andrea Yates
Texas Court Upholds Reversal of Yates Murder Verdict

Background:
Profile of Andrea Yates

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