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Yates Murder Case 2
On June 20, 2001, Andrea Pia Yates did the inconceivable, she murdered
her five children. Did Andrea Yates have the mens rea to knowingly murder her
children, or was she insane and without control of her faculties? Mens rea
defined by “(law) is with criminal intent; the thoughts and intentions behind a
wrongful act (including knowledge the act is illegal)” (Word Web Pro, 2007). Did
Andrea Yates display the thoughts and intent to satisfy this definition? This is
one-half of the components necessary to charge anyone with murder. The other
component is actus Reus, to complete the criminal act. Andrea Yates was
charged with two counts of Capital Murder pursuant to “Tex. Pen. Code Ann. §
19.03(a) (8) (Vernon Supp. 2004-2005)” (Floyd, 2006). The Grand Jury indicted
Andrea Yates for two Felony Counts of murder on June 20, 2001 (Court TV,
2006). Did Andrea Yates act with reasonableness of mind, or was she questions
delirium” (Mugavin, 2005)? Or was she actually insane and without control of her
faculties? Was Andrea Yates acutely psychotic when she murdered her
reverse and remand in the murders of her five children. However, her actions
show mens rea and actus Reus, which show her to be lucid and in control of her
actions.
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Yates Murder Case 3
Andrea Pia Yates, the youngest of five children, was a high school
Texas School Of Nursing with a BSN degree. This pursuit would indicate
someone with a facilitating mindset. Her mother was raised in Nazi Germany
where she met Andrea’s father during the British occupation. The family’s
this family, in any event discovered to date. “Andrea Pia Kennedy marries Rusty
Yates and soon they have five children” (O’Malley, 2004). Was Andrea’s future
conflicts, traumas, and deprivation of one sort or another. Dr. Stanton Samenow
excogitates on this thought with the following statement. “I thought that people
some psychological disorder, but his later research reveals that criminals choose
the legal components must be considered. Andrea Yates actions did satisfy the
criminal intent component; the thoughts and intentions behind a wrongful act
(including knowledge the act is illegal). Andrea Yates also completed the
criminal act. The state of Texas indicted Andrea Yates on two counts of capital
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murder (Court TV, 2006). The Grand Jury by this indictment believed that
Andrea Yates satisfied the requirements for these charges. This means that
her children.
and 7-year-old Noah was wrong” (Court TV, 2006). Welner also asserted in his
Power Point Presentation during Andrea Yates second trial she had previously
thought about hurting the children (Welner, 2006). This was two years before
she actually committed the crime! Also; Welner in his testimony and
presentation before the jury states, that Andrea Yates thought about killing the
children again two months prior to the actual act, and even went as far as to fill
the tub with water (Welner, 2006). Dr Park Dietz, expert witness for the
prosecution, said in his interview with Andrea Yates “she changed her mind
about hurting the children on a previous occasion because Rusty Yates and
Rusty’s mother Dora were home with her at that time and would have stopped
her” (Dietz, 2001). Dr. Park Dietz also testified in the first trial that Yates waited
for the opportunity to kill her children. Dietz- “So the very first opportunity when
you were home alone with the children was on the twentieth? Yates-“yes (Dietz,
2001). This candid question and answer reveals premeditation and intent.
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The hour and opportunity arrived wherein Andrea Yates was ready to
activate her plan. Yates made careful deliberate movements; the planning
stages were now over. Andrea Yates behavior was calculated, and according to
way. “Before she drowned her children, Andrea Yates removed the mat inside
the bathtub, turned on the water and put up the dog -- behavior that indicated
she didn't want anything to get in the way of what she was about to do, a
forensic psychiatrist told jurors” (Thompson, 2006). Andrea Yates filled the tub
with water three inches from the top and systematically drowns her children
(O’Malley, 2004). After drowning her children, Andrea Yates arranges four of
her children on her bed close together, covers them with a sheet, but Yates
leaves her oldest son alone face down in the tub. He had struggled against her
After she systematically murders all of her children, Andrea Yates calls
911, asks for a police officer to come to her residence. The police arrive and she
tells Officer David Knapp that she just killed her kids (O’Malley, 2004). Andrea
Yates begins her confession (s) of murder with this first admission. She will
by Dr’s Michael Welner and Park Dietz would also supply evidence against
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an event long in formulation. However, Andrea would plead not guilty by reason
condition was directed towards insanity. Someone who would do something like
this must be insane was the general consensus. But was Andrea Yates insane,
or cleverly coy and extremely cunning? Several points that Dr. Dietz discovers in
his evaluation show a pattern quite different than public opinion and general
irrelevant because during the initial murder trial of Andrea Yates, Dr. Dietz would
drowned her children in a bathtub and was found insane, and it was aired
error made while testifying. Does this oversight completely devalue his other
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legitimate points? Dr. Dietz’s testimony introduced subtle but obvious clues into
Andrea Yates reasoning’s and ill feelings (resentment) she harbored against her
husband. Dr. Dietz introduces some telling events prior to Andrea Yates
mental state (quasi). At what point did Andrea Yates mental state change?
expressed by Dr. Park Dietz, for relevancy in the overall diagnosis of Andrea
Yates’ mental state. “Some of the Life Events Affecting Mrs. Yates Before Her
Rusty Yates. In Andrea Yates’ mind he is the one responsible for causing (quasi)
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these life altering incidents. Dr. Park Dietz would testify during her first trial and
functioning and rationale. Concerning Andrea Yates mental lucidity Dr. Dietz
“Cognitive Functioning:
extremely severe
of mind, and entirely competent in every capacity. Andrea Yates lucidity of mind
is apparent in the facts; she could pay attention to each detail and systematically
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execute them in a complete pattern. This is by plan and not by rote, and by
noting the sequence of events; this is not Andrea Yates normal daily routine.
So why evoke the insanity plea; because it was expected, and her
Defense Attorney (probably) knew she was guilty. Associate Psychology Editors
Richard E. Vates & Lee S. Weinberg report on the insanity aspect in their article
Murderous Mothers, for USA Today Magazine. “Let's look at Yates' claim that
she was legally insane--i.e., according to the Texas Penal Code, that, "as a result
of severe mental disease or defect, [she] did not know that [her] conduct was
wrong" at the time of the killings. The prosecution and defense agreed that
Yates was mentally ill when she killed her children, but the prosecution argued
and the jury concluded that she was not legally insane--that she did know what
she was doing was wrong” (Vatz & Weinberg, 2002). After Dr. Yates detailed
There are many reasonable minded men and women who do not
believe, or accept this plea regarding the Andrea Yates case. Why would her
Attorney maneuver her defense in this direction? Dr. Gary Kesling affirms that a
defense to prosecution can be found in the actor’s conduct was a result of severe
mental disease. He also asserts defense rationale for pleading not guilty by
reason of insanity. “It is often the case that when the person is innocent the
attorney will argue the facts; when the person is guilty the attorney argues the
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law. The defense attorneys in this case argued the law” (Annals of the American
substantial concerning her guiltiness in this case. And because of the evidence
against her, defense argues the law, depicting Andrea Yates’ actions as less than
sane. The evidence against her was damaging, and she was condemned in the
eyes of many, but she was also considered by many to be insane. Now that the
insanity plea has been entered, there must be some logical or even illogical
reason for Andrea Yates actions. Perhaps it is a post partum disorder, or acute
psychosis.
problem with Andrea Yates. Eileen Meier (JD, MPH, BSN, RN) offers this APA
and can be inherited; that about one in ten new mothers experience some
baby, fear of harming the baby and mood swings” (Meier, 2002). Is Andrea
Yates suffering from post partum depression or an acute psychosis? Will this
drive her to kill her children, all of them? “Postpartum Psychosis: In some
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Mental Disorders, 2005). However, not every woman with post partum
It can be said that some women may exhibit homicidal behavior during an
episode of severe post partum psychosis, but this is the exception to the rule.
long does post partum psychosis normally last among those afflicted by it?
Usually by the first year, or dramatically less (three months) this psychosis
diminishes. This time frame is not new to the law enforcement community.
Past histories knew about this post partum issue and addressed the
problem with the following solution. Psychology Editors Vatz & Weinberg pose
this information on the tough legal questions encountered with the post partum
dilemma. Precedence can be found for the post partum time element.
So, a major issue of the Yates case is how to review what the legal
system does with such cases and how it might be improved. One
alternative is seen in the British law going back to 1922, which provides
that, if a mother kills her baby prior to its first birthday, the act is seen as
so different from other killings that society will treat the offender
differently. Mothers convicted under this law are treated and counseled,
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rather than punished. Note that they do not need to show that they are
with childbirth. However, mothers in Great Britain who kill children after
their first birthday present the same dilemma as in the Yates case: Either
they meet the difficult test of insanity or they are guilty of murder. In the
Yates case, inasmuch as all but one of the children had passed their first
birthdays, such an infanticide law would not have made any difference in
Is time relevant to post partum psychosis? Yes, time of incident and age of child
occur in the general populace, and is there correlation between killing ones
“Filicide is rare in the general society with only 471 in 2001 roughly equal
Kill Their Children” spousal revenge filicide is listed as category five, and acutely
Filicide by Motive” (Mugavin, 2005). Was this a revenge killing by Andrea Yates
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want to reiterate that Andrea’s sole motive for her diabolical actions was
revenge,” he said. “It was deep and it was intense. She had told me on several
occasions of her intense hatred for Rusty. She pleaded with me for an answer on
how to live with him. She despised him” (O’Malley, 2004). And, this man was
never called to testify in this case (O’Malley, 2004). So, was this a case of
How does all of this explain the Andrea Yates case? Was this pre-planned
revenge filicide, or did Andrea Yates have post partum psychosis when she
murdered her children? If one leans towards the post partum psychosis
reasoning, you must remember the youngest was Mary, and she was only six
months old. Yes, Mary’s age falls into the up to one year category previously
mentioned by Vatz & Weinberg. However, Andrea Yates had previous thoughts
of killing her children and these thoughts occurred prior to the birth of Mary her
youngest. Now the question that should be postulated; what if Andrea Yates
knew exactly what she was doing all along? Andrea Yates planned to kill these
children all along as an act of revenge against her husband Rusty Yates. Andrea
Yates felt that he is responsible for all of the problems Dr. Dietz lists in his report
and testimony. Andrea Yates planned this act of revenge and she planned to use
the insanity plea. Is Andrea Yates insane or is she extremely clever? Pleading
insanity in a Texas court of law comes with a degree of legal difficulty. Andrea
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Yates Defense Attorney enters a plea of not guilty by reason of insanity for his
How does Texas legally define the use of M’Naughten as a defense for insanity?
set forth in Texas Penal Code (TPC) Section 8.01 in two parts: (a) It is an
charged, the actor, as a result of severe mental disease or defect, did not
know that his conduct was wrong; (b) The term "mental disease or
disease or defect he did not understand what he did or that it was wrong, or if
he was under a delusion (but not otherwise insane) which, if true, would have
provided a good defense. The person is unable to distinguish right from wrong”
(Gifis, 1984). Did Andrea Yates know right from wrong? According to Dr.
Dietz’s testimony and court presentation, Andrea Yates knew the difference
between right and wrong (Dietz, 2001). Can this defense be applied considering
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Straight Talk About Criminals, Dr. Stanton E. Samenow offers this insight.
Some people who are mentally ill also commit crimes. Having evaluated a
illness, they still could distinguish right from wrong. I have encountered
him to commit a crime and felt compelled to obey it. I asked one such
person, “Did the voice ever direct you to do something but you did not do
steal, but he chose to ignore it. I also inquired, “Did you ever hear the
voice order you not to do something, but you did it anyway?” He observed
that the voice told him to stay away from church, but he disobeyed it and
Andrea Pia Yates insanity claims were basically prejudiced along some of
these same lines and ideas expressed by Dr. Samenow. Was this part of her
overall plan, to hear voices, talk to Satan? This is an old trick for those wanting
to use the insanity plea in their defense. Remember she had a lot of time to
construct her murderous ideas. Also bear in mind that she was the class
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be executed that is found guilty of murder but then insane? Is there precedence
unusual" punishment, it does not define what such punishment is… First,
himself or herself. Moreover, executing the insane frustrates the two main
the insane person does not understand why he or she is being killed, no
This case is based on someone not knowing the difference between right
cannot be classified in this case or category. Andrea Yates knew the difference
between right and wrong. Technically, Andrea Yates could be executed for her
Andrea Yates was given another trial because of Dr. Dietz’s untrue
statements concerning events on the Law & Order show that never actually
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Yates really insane? Some chose to believe she was mentally ill or insane at the
time of the murderous incident. Is this true, and is there a compelling counter
prosecutor's distortion and manipulation of facts through its star expert witness,
Park Dietz. (2) Though surprisingly unfamiliar with the nature of the mental
illness from which Andrea was apparently suffering (postpartum depression and
psychosis), as Denno relates, Dietz opined with confidence that Andrea was sane
and in control when she killed her offspring. At least in part because of Dietz's
testimony, a jury convicted Andrea of capital murder” (Colb, 2003). Initially she
was found sane and competent to stand trial for the murders of two of her
testimony.
reverse and remand in the murders of her five children. However, her actions
show mens rea and actus Reus, which show her to be lucid and in control of her
actions. This is something the defense hopes for, a mistrial or anything that
would reverse the murder conviction, and in this case they got what they had
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hoped for. Now Andrea Pia Yates is incarcerated in a state mental facility at the
taxpayer’s expense for a very long time. What would be the best possible
outcome for this terrible event? The facts speak for themselves; she was guilty
of murder in the first degree. She should have been executed for these
atrocious deeds.
Copyright 2010
References
Annals of the American Psychology Association. (2006). Ask the Expert: The Case of
NARRATIVE OF DENIA
Dietz, MD. Park (2001). Interview of Andrea Yates. (Original work published 2001)
http://parkdietzassociates.com/files/Excerpts_from_Interview_of_Andrea_Yat
http://www.minddisorders.com/Br-Del/Brief-psychotic-disorder.html Web
site: http://www.minddisorders.com/index.html
Gifis, Steven H. (1984). Law Dictionary (2nd ed., Vol. 1). Hauppauge, NY: Barron's
Hausman, Ken (February 4, 2005). Inaccurate Expert Testimony Wins Yates New
Trial (3rd ed., Vol. 40). . (Original work published February 4, 2005) http://
http://pn.psychiatryonline.org/
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Mugavin, Marie E. MSN, CFNP (2005). “A Meta-Synthesis of Filicide Classification
Meier, Eileen. JD, MPH, BSN, RN (May-June 2002). Andrea Yates: Where Did We Go
http://findarticles.com/p/articles/mi_m0FSZ/is_3_28/ai_n18613836/print
O'Malley, Suzanne. (2004). Are You There Alone? (1st ed., Vol. 1) New York: Simon
& Schuster. (Original work published 2004) 4, 12, 14, 22, 28, 97.
Samenow, Stanton E. (1984). Inside the Criminal Mind (1st ed., Vol. 1). New York:
Samenow, Stanton E. (1998). Straight Talk About Criminals (1st ed., Vol. 1).
Northvale, NJ: Jason Aronson, Inc. (Original work published 1998) 135.
www.courttv.com/
Vatz, Richard E., Weinberg, Lee S. USA Today (Magazine) November 2002.
http://goliath.ecnext.com/
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Web Pro Database. (2007). Web site: http://wordweb.info/.
www.forensicpanel.com/
Readings: Great American Court Cases Vol. 6 (Vol. vol.6). . (Original work published
1986) http://www.law.jrank.org/pages/12849/Ford-v-Wainwright.html
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