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Andrea Yates' capital murder convictions for drowning her children were overturned Thursday by an appeals court, which ruled a prosecution expert witness gave false testimony at her trial. However, Yates' attorney will not ask for her immediate release from prison, Local 2 reported. Yates' lawyers had argued last month before a three-judge panel of the First Court of Appeals in Houston that psychiatrist Park Dietz was wrong when he said he consulted on an episode of the TV show "Law & Order" involving a woman found not guilty by reason of insanity for drowning her children. After jurors found Yates guilty, attorneys and jurors learned no such episode existed. "We conclude that there is a reasonable likelihood that Dr. Dietz's false testimony could have affected the judgment of the jury," the court ruled. "We further conclude that Dr. Dietz's false testimony affected the substantial rights of appellant." Yates Learns Of Court's Ruling Yates' attorney George Parnham told Local 2 that he spoke with Yates at 1 p.m. about the court's decision. She was in the warden's office, along with her psychotherapist and two doctors. "She has lots and lots of questions about what the future holds. I told her, in so many words, that we weren't able to necessarily answer those questions because many of the decisions relative as to what happens to Andrea in the legal process have yet to be made by the district attorney's office," Parnham said. Parnham said Yates understood the court's ruling. "She was surprised and not unpleased," he said. "She smiled and said she was basically just kind of in shock," said Todd Foxworth, warden at the Texas Department of Criminal Justice Skyview Unit, who delivered the news. "But she was very happy. Physically and mentally, she's doing as well as I've ever seen her." Jurors sentenced Yates to life in prison in the 2001 deaths of three of her children who were drowned in the bathtub at their Houston home. She was not tried in the deaths of the other two children. The appellate ruling returns the case for a new trial, although prosecutors said they hoped to succeed in their own appeals of the ruling Thursday. "We fully intend to pursue a motion for a rehearing," said Harris County Assistant District Attorney Alan Curry, who argued the case before the appeals court. "Barring that, we'll continue to appeal to the Texas Court of Criminal Appeals. We still believe we have a good shot to prevail in appeal." Yates Eligible For Release The opinion also means Yates is eligible to be released from prison as she awaits a new trial. Parnham said he does not plan to ask to have Yates released on bond because her mental state remains fragile. "I want to be very clear -- we are not going to seek her immediate release from where she is. She is in the best possible place, all things considered, at this time, at this place, under these circumstances," he said. "This is all that we want for Andrea Yates. We want mental health care. From the very day that I took this case on, that was my concern, that she be treated as she should have been treated within the system. We still live with that desire," Parnham said. "We hope that whatever the prosecutor decides to do that will be the foremost consideration in the decision-making process." Yates' appeal cited 19 errors from her 2002 trial but the court said since the false testimony issue reversed the conviction, it did not rule on the other matters. Prosecutors told the court last month there was no evidence Dietz intentionally lied and that the testimony was evoked by Yates' defense attorney during cross-examination. Dietz testified that the episode aired shortly before the drownings. Testimony during the trial indicated Yates watched the television series. "This is an outcome we knew was possible," prosecutor Joel Omby said. "I wouldn't characterize it as the damage Park Dietz did. It's part of the trial process. The appellate court has one opinion. We had a different opinion." Prosecutors plan to appeal the court's ruling. It will likely end up at the State Court of Appeals in Austin. Attorneys estimate it would be at least nine months before Yates would get a new trial. A message left for Dietz at his Newport Beach, Calif., office by The Associated Press was not immediately returned early Thursday. The appeals court judges noted that five mental health experts testified Yates did not know right from wrong or that she thought what she did was right. But Dietz was the lone mental health expert who testified she knew right from wrong. "Therefore, his testimony was critical to establish the state's case," the judges wrote. "Although the record does not show that Dr. Dietz intentionally lied in his testimony, his false testimony undoubtedly gave greater weight to his opinion." Legal Analyst Reacts To Decision Local 2 legal analyst Brian Wice said he was not surprised by the judges' decision. "I was in the courtroom on Dec. 12 when this case was argued. By the end of the argument, the Court of Appeals had the prosecution back peddling from here to West Texas. It was clear that this three-judge panel, composed of three of the most conservative judges in the United States, knew that the fairness of this trial was compromised as soon as Park Dietz supplied a rational explanation for conduct on Andrea Yates' part that was clearly irrational," Wice said. Wice told Local 2 no one really knows how Dietz's reportedly false testimony was overlooked in the trial. "Park Dietz is that gold standard. He is the Roger Clemens of hired guns when it comes to forensic psychiatry. But, I am old-fashioned. My take is that if you are going to testify in a capital murder case where the state asks to take someone's life, you better do better when speculating about whether there was an episode on a show that you consulted for," Wice said. The court noted that prosecutors argued they did not know the testimony was false, said they didn't use the false information and contended the information was not material. "We agree that this case does not involve the state's knowing use of perjured testimony," the court said. But the judges said prosecutors did use the testimony twice and referred to it in closing arguments. Psychiatrists at Yates' trial testified she suffered from schizophrenia and postpartum depression, but defense and prosecution expert witnesses disagreed over whether it prevented her from knowing that drowning her children was wrong. Jurors determined Yates knew it was wrong to kill her children and found her guilty. Yates remains at a psychiatric prison, where she works in an outdoor flower garden and has janitorial duties. If the court's opinion is overturned, she would be eligible for parole in 2041. Yates, wet and bedraggled, called police to her Clear Lake home in 2001 and showed them the bodies of her five children: Noah, 7, John, 5, Paul, 3, Luke, 2, and 6-month-old Mary. She had called them into the bathroom and drowned them one by one. According to testimony, Yates was overwhelmed by motherhood, considered herself a bad mother, and had attempted suicide and been hospitalized for depression. The case stirred 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. Yates' Mother Relieved At Ruling Andrea Yates' mother, Karin Kennedy, said she feels hopeful for the first time in more than two years after hearing the appeal court's ruling. "I think there's a lot more people now that realize that she was sick," Kennedy said. She believes her daughter should never have been incarcerated. "Because she really didn't know what she had done, what she was doing. I mean, she had postpartum depression with all five children," Kennedy said. She said she was surprised at the decision, especially since it came quicker than expected. "They told us an appeal could take four to six months, so I'm really surprised," Kennedy said. "It was hard to grasp at first because I had just gotten out of bed." At the very least, Kennedy said she hopes for a reduced sentenced from a new trial. "I know she won't get free, but at least I hope she gets a lesser time," she said. Kennedy said she visits Yates three Saturdays each month, while Yates' husband, Rusty, visits on the fourth Saturday. Her next visit is scheduled for Saturday and Kennedy said she looks forward to talking with Yates about the court's ruling. Houstonians Surveyed Most Houstonians think Yates should remain in prison pending a new trial, Local 2 reported. In an exclusive Local 2 Flashpoll, SurveyUSA asked 500 Houstonians, "Do you think Andrea Yates should be kept in prison while awaiting a new trial or do you think she should be released on bond?" Pollsters said 76 percent of respondents said she should be kept in prison, while 20 percent said Yates should be released on bond. Another 4 percent were not sure. Houstonians were also asked, "Based on what you know, do you believe Andrea Yates knew when she drowned her children that what she was doing was wrong? Or do you believe Yates had a severe mental defect that prevented her from knowing that drowning her children was wrong?" The survey found 56 percent of respondents believed Yates knew what she was doing. About 40 percent answered that she did not know, while 3 percent were not sure. xponent Thud Maru rob _______________________________________________ http://www.mccmedia.com/mailman/listinfo/brin-l
