-Caveat Lector-

[I love this story. The National Organization for Women, faced with public
outrage and declining membership over its clear and deliberate hypocrisy
regarding the sexual harassment and misogyny of several of its political
champions, has chosen to support a serial killer in its furious search for
the definitive underdog.]
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Source:
http://interestalert.com/brand/siteia.shtml?Story=st/sn/09030000aaa06f98.nand&Sys=chblue&Type=News&Filter=National%20News

Feminists come to aid of Texas mother accused of drowning children


Kris Axtman, Christian Science Monitor

HOUSTON
(September 3, 2001 10:22 p.m. EDT ) - Andrea Yates, the Texas woman who
police say drowned her five children in a bathtub, has become a poster
child for anybody with a cause: Her name is evoked frequently among
mothers' support groups, mental health advocates, and death penalty opponents.

Now, the National Organization for Women has jumped into the debate. It is
raising money on Yates's behalf, saying the mother was mentally unstable
and suffering from a severe case of postpartum depression. The feminist
group's stance, coupled with the visibility of the case, is raising broader
questions - both legal and ethical - about how far one can go in using
illness as a defense for murder. It is also prompting incredulity in
certain circles, as some wonder if this is how a respected organization
should promote its ideals.

While NOW hopes to draw increased attention to Yates, who is charged with
capital murder, its larger aim is to help more than just one woman. "The
Andrea Yates case allows us to look at the many other women who suffer with
this condition, and to use it as a compelling, credible basis for
discussion of the issues," says Deborah Bell, Texas NOW state president.
"The ultimate goal is education and awareness, so that another family never
has to face a nightmare such as this."

But critics - particularly those who believe there is no justification for
the murder of five children - are shocked by NOW's involvement in what they
see as a desperate legal maneuver. And some experts question the use of
postpartum depression as a defense - particularly in this case.

"That makes no more sense to me than the Twinkie defense, where a lawyer
said his client had eaten too many Twinkies and was high on sugar from the
junk food. That was ludicrous, and I think this is ludicrous," says Joshua
Marquis, the district attorney in Astoria, Ore., and a National District
Attorneys Association board member. "It's dangerous, because it says women
who have children are somehow in a different class than the rest of us. Are
they going to start saying that this class should be treated differently?"

Bell, with the Texas chapter of NOW, shoots back: "NOW has a history of
looking at woman's role in society. And for a long time, women in this
condition were written off as hysterical. We have a lot to learn about this
mental condition, and we hope to facilitate that discussion and offer a
forum to do something about it."

Postpartum depression was first described by Hippocrates in 700 BC, and
according to doctors today, it affects between 10 percent to 15 percent of
new mothers. But even more serious, they say, is postpartum psychosis, a
rare condition that is believed to affect 1 in 1,000 women. It can include
severe depression, suicidal thoughts or attempts to harm the baby.

"We're not talking about reading the tea leaves here. This is real science
from physicians," says Gerald Goldstein, past president of the National
Association of Criminal Defense Lawyers. "But the question is: (1) whether
it really applies to a particular situation, and (2) are the facts so
gruesome that a jury will be unwilling or unable to accept the science."

Yates is hardly the first woman to employ the postpartum defense. In fact,
England has allowed postnatal psychosis as a defense for infanticide since
the 1930s. But in the U.S., defendants must prove insanity - a more
stringent standard. Thus, testimony about postpartum depression,
battered-wife syndrome, or post-traumatic stress disorder are presented to
prove insanity.

"These kinds of things are often looked at as a defense of last resort.
When nothing else works, claim you're crazy," says Goldstein, who practices
law in San Antonio. "On the other hand, a mother who drowns all five of her
children - the act itself raises serious questions about the person's
competency."

Postpartum depression was first used in the U.S. as a defense in the 1930s
by an Ohio woman. Since that time, it has shown up rarely - only five or
six times in the past 20 years. In many of the successful cases, it is a
judge - not a jury - that accepts the defense. In 1987, for instance, a
Vermont mother killed her 6-week-old son and then tried to shoot herself. A
judge dismissed the murder charge on the basis that she was insane,
suffering from a biologically induced depression.

That same year, Sheryl Lynn Massip drove a car over her 6-week-old son in
Orange County, Calif. A jury found her guilty of murder, but a judge later
reversed that conviction on the grounds that she was insane, suffering from
postpartum psychosis.

"The jury has to believe that someone can live in a different universe, one
where postpartum psychosis exists - if they even believe it exists at all,"
says Tim Bakken, a law professor at West Point military academy.

While stress defenses are rare, he says, the theory is the same: "That
because of a unique experience - a woman giving birth, a veteran coming
back from war - there is a psychotic break or a hormonal imbalance that
occurs."

The first step in the Yates case, however, is for a court to decide whether
she is mentally competent to stand trial. A hearing has been set for Sept. 12.


Edward   ><+>

"Nothing in the world is more dangerous than sincere ignorance and
conscientious stupidity." -- Martin Luther King, Jr
http://www.global-connector.com
http://groups.yahoo.com/group/reality_pump/
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