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TX Prosecutors Fail to Overturn Decision Awarding New Trial to Andrea Yates

By TChris, Section Court Decisions
Posted on Wed Nov 09, 2005 at 11:46:08 AM EST
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by TChris

Andrea Yates, convicted of drowning her children, earned a new trial when an appellate court ruled that an expert witness for the prosecution testified falsely.

Dr. Park Dietz ... told jurors Yates may have been influenced by a "Law & Order" epidsode, but the episode did not exist.

TalkLeft background on the decision is here.

The Texas Court of Criminal Appeals let that decision stand, prompting Harris County District Attorney Charles Rosenthal to complain that the case set a "frightening precedent." It would be frightening if prosecutors could get away with using lying witnesses to obtain convictions. Rosenthal's whining should be directed at his dishonest witness, not at a process that assured Yates the chance of a fair trial.

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    TX Prosecutors Fail to Overturn Decision Awarding New Trial to Andrea Yates | 9 comments (9 topical)
    Re: TX Prosecutors Fail to Overturn Decision Award (1.00 / 0) (#8)
    by jimakaPPJ on Sat Dec 17, 2005 at 01:05:58 PM EST
    et al - Okay. She is insane. Now. Put her someplace until she is proven sane. And then try her for murder.

    Re: TX Prosecutors Fail to Overturn Decision Award (none / 0) (#1)
    by Steven Sanderson on Sat Dec 17, 2005 at 01:05:53 PM EST
    The motto of the Texas Judiciary: "To Hell with evidence or innocence, give 'em death or give 'em sadistic punishment!"

    Re: TX Prosecutors Fail to Overturn Decision Award (none / 0) (#2)
    by roy on Sat Dec 17, 2005 at 01:05:53 PM EST
    To Hell with evidence or innocence, give 'em death or give 'em sadistic punishment!
    While my adopted home state does have a bad habit of imprisoning or executing innocent people, I don't think that applies here. The non-tainted evidence from the trial makes it clear that Yates is guilty. There's just room for disagreement on what she's guilty of. (Yes, I realize she should get a new trial)

    Re: TX Prosecutors Fail to Overturn Decision Award (none / 0) (#3)
    by Talkleft Visitor on Sat Dec 17, 2005 at 01:05:53 PM EST
    You drown five of your kids while in the grip of religious delusions and crippling depression. And that's sane in Texas. I wonder: what would it take be declared INSANE in the Lone Star State?

    Re: TX Prosecutors Fail to Overturn Decision Award (none / 0) (#4)
    by Dadler on Sat Dec 17, 2005 at 01:05:53 PM EST
    Tristero, It would take satan himself, horns and pitchfork, pushing you, shoving you, into whatever evil act you commit. Sans Lucifer's actual presence, witnessed by appropriately conservative witnesses, in Texas you're good to go.

    Re: TX Prosecutors Fail to Overturn Decision Award (none / 0) (#5)
    by Talkleft Visitor on Sat Dec 17, 2005 at 01:05:54 PM EST
    Personally, I'm hoping that the reason that Dietz testified as he did was something like that the story had been pitched, he had consulted on it, and it wasn't actually filmed... Rather than out & out deliberate lying. I hope....

    Re: TX Prosecutors Fail to Overturn Decision Award (none / 0) (#6)
    by cpinva on Sat Dec 17, 2005 at 01:05:56 PM EST
    there was a "law & order" episode, based loosely on the yates case. i saw it, and immediately recognized the source of the plot line. didn't take an "expert witness" to do that, since the case had certainly been well publicized. dr. dietz is either an idiot or a liar. in either event, i hope the state got their fee back from him.

    Re: TX Prosecutors Fail to Overturn Decision Award (none / 0) (#7)
    by txpublicdefender on Sat Dec 17, 2005 at 01:05:57 PM EST
    To be fair to my state, since Andrea Yates's trial, at least two mothers have gone to trial in similar cases involving mental illness and murdering their children. In one case, in the very conservative Smith County, Deanna Laney was found not guilty by reason of insanity. In another, in the very conservative Collin County, Lisa Diaz was also found not guilty by reason of insanity. These are difficult cases to win, in any state. Especially with Andrea Yates--five children are dead. I actually give great credit to our appeals court for reversing the original conviction. Roy, I don't know what you're talking about, but it is far from clear that Andrea Yates is guilty of anything. She has a very strong argument for an insanity verdict. The fact is that, even those with strong insanity cases face a very tough fight because the insanity laws are so strict. Add five dead children, and it becomes even harder.

    Re: TX Prosecutors Fail to Overturn Decision Award (none / 0) (#9)
    by roy on Sat Dec 17, 2005 at 01:05:58 PM EST
    I erred above by using the lazy layman's defitinition of "guilty". I just meant she performed the act. I realize her moral and legal accountability is non-obvious.

    TX Prosecutors Fail to Overturn Decision Awarding New Trial to Andrea Yates | 9 comments (9 topical)