Yates Controversies Continue
The tormented woman who drowned her five children in a bathtub was sentenced to life in prison, following a trial that sparked debate over the consideration of mental illness and postpartum depression in murder prosecutions.
A jury of eight women and four men delivered the sentence Friday after just 35 minutes of deliberations, rejecting the option of condemning Andrea Yates to death by injection.
But CBS News legal consultant Andrew Cohen says Yates' attorneys have several issues on which they could base an appeal.
"We haven't heard the last of Andrea Yates, Cohen says. "She has a few decent appeals issues-- including one involving her fifth amendment right against self-incrimination-- and that will likely tie this case up for years. Also, Yates will have to be monitored closely for her illness while she is in jail. And don't forget that the State held back charges relating to the deaths of two of the children so if prosecutors wanted to, they could haul her back into court on more murder counts."
The case had angered family members, women's groups and others who said prosecutors had shown no mercy in bringing a capital murder case against a mentally ill woman overwhelmed by the demands of motherhood.
After the jury returned its punishment, Russell Yates reiterated his support for his wife, who had pleaded innocent by reason of insanity.
"I believe in Andrea," he said. "She's the victim here not only of the medical community but also the justice system."
Outside the courthouse, Yates said his children "loved their mommy. I know they don't hold this against her."
"I'll always support Andrea. I believe in Andrea," he said. "She's the victim here not only of the medical community but also the justice system."
The case stirred fresh 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.
Terry O'Neil of the National Organization for Women said she was relieved that Yates was spared the death penalty. But she says the response by Texas authorities to the killings is completely inappropriate.
O'Neil says it's clear that Yates is mentally ill, and officials in Texas instead adopted what she calls the "kill Andrea" approach.
Cohen says the case "may focus attention on the insanity defense around the nation, but the fact is that legally no other court in any other state will be able to point to this result here and use it to affect one way or another how another case like this turns out."
Andrea Yates turned to her attorneys and smiled as she realized her life had been spared. As the 37-year-old was led from the courtroom by officers, she looked back toward her mother and siblings.
Yates must serve at least 40 years behind bars before she becomes eligible for parole.
To impose the death penalty, the jury had to decide unanimously that Yates poses a continuing danger and that there were no mitigating circumstances against executing her. The jury answered no to the first question and therefore did not have to consider the second.
On Tuesday, jurors had found Yates guilty of murder in the June 20 deaths of 7-year-old Noah, 5-year-old John and 6-month-old Mary. They rejected defense claims that severe psychosis from postpartum depression drove her to kill.
"We're obviously disappointed in the verdict of guilty," Russell Yates said. "Obviously, it could be worse if she had been given the death penalty."
Charges never were filed in the deaths of Paul, 3, and Luke, 2.
Prosecutors said they accepted the jury's decision to sentence Yates to life in prison.
"Every case involving the death of a child is horrific," Assistant District Attorney Kaylynn Williford said. "Magnify that times five with what these children went through.
"Everyone is trying to make this a woman's issue or a political issue, but the issue to me is five dead children. None of those children chose to die, they fought for their lives and they need to be remembered appropriately. Someone can be mentally ill and know right from wrong."
Joe Lovelace of the National Alliance for the Mentally Ill said the Yates case should be a springboard to change how an insanity defense can be presented in Texas.
Under state law, attorneys cannot explain to jurors that a verdict of innocent by reason of insanity doesn't mean a defendant is immediately free. The defendant would be kept in a state mental hospital until deemed healthy enough to be released.
Gov. Rick Perry, speaking to a meeting of the Texas Associated Press Managing Editors on Friday, said he didn't think any laws need to be revised.
"I don't see any reason to change the process we have in place today," he said. "I trust the jury system in the state of Texas so I will respect their decision."
"In one sense this could be the best thing that ever happened to the mentally ill in Texas prisons because Andrea Yates will bring a level of scrutiny to that part of the prison system that usually doesn't receive much of it at all," consultant Cohen commented.
Yates, who is scheduled to be formally sentenced Monday, will be the 70th female inmate in Texas imprisoned for killing her children, Texas Department of Criminal Justice officials said.
"We took no pleasure in prosecuting Mrs. Yates and we take no joy in this result or any result that may have occurred," prosecutor Joe Owmby said. "What they came back with was supported by the evidence. I can't argue with their verdict."
Jurors declined to comment.
Texas is by far the nation's most active death penalty state, with 262 executions since 1982. Harris County, where the case was brought, has 157 convicted killers on death row, more than any other Texas county.