Jury Chosen for Andrea Yates' Retrial

A jury has been selected for the second murder trial of Andrea Yates, who has pleaded not guilty by reason of insanity for the drowning deaths of her five children in 2001, although many of the 120 potential jurors said they were familiar with the case.

Opening arguments are scheduled to begin Monday in the high-profile Houston trial, scheduled after an appeals court overturned Yates' previous murder conviction.

During jury selection, several jurors said they disagreed with the state's definition of legal insanity, which says the defendant did not know their conduct was "wrong" because of severe mental disorders.

Of the 120-person jury pool, 20 said they had already decided Yates was legally insane before hearing any evidence. Three dozen jurors said they could not be impartial because of what they had read about the case.

As in the first trial, Yates is being tried only for the deaths of three of her children -- Mary, 6 months; John, 5; and Noah, 7 -- at not for the deaths of Luke, 2 and Paul, 3.

In her first trial, jurors voted against the death penalty. Prosecutors cannot seek the death penalty in the second trial, because under Texas law they would have to present new evidence. Prosecutors planned to present basically the same evidence they did in the previous trial.

See Also:
Jury Seated in Yates Trial, Starts Monday

Background:
The Trial of Andrea Yates
Profile of Andrea Yates