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Jury Must Now Decide Whether Andrea Yates Should Get Life in Prison or Death Penalty

Aired March 13, 2002 - 13:05   ET

THIS IS A RUSH TRANSCRIPT. THIS COPY MAY NOT BE IN ITS FINAL FORM AND MAY BE UPDATED.


THIS IS A RUSH TRANSCRIPT. THIS COPY MAY NOT BE IN ITS FINAL FORM AND MAY BE UPDATED.
BILL HEMMER, CNN ANCHOR: A jury in Houston must now decide whether Andrea Yates should get life in prison or the death penalty for drowning her children. The sentencing phase in that capital murder trial the start tomorrow, on Thursday.

Today, Ed Lavandera once again outside the courthouse there live in Houston with more.

Ed, good afternoon.

ED LAVANDERA, CNN CORRESPONDENT: Good afternoon, Bill.

Prosecutors and defense attorneys have the day off today. You can assume that they are preparing to present the testimony, the punishment phase to this eight women and four men on the jury that convicted Andrea Yates yesterday, when the jury came into the room, and they didn't look at Andrea Yates as they filed into the jury box, and the judge read the guilty verdict on two counts of capital murder. Andrea Yates' attorney had his arm wrapped around her. He described her as very upset. As she tried to leave the courtroom yesterday, she didn't show much emotion when the verdict was read, but as she left the courtroom, she looked over at her mother and her brothers, who were sitting on one side of the courtroom, and you could start seeing that the emotion was starting to hit her as she realized what was happening.

Defense attorneys yesterday as they came out of the courthouse describing they were in shock that the jury deliberated for just a little bit over three and a half hours and came back with such a quick verdict in this case. As one defense attorney said, they would have liked to have thought they were in the hunt for this case, and it;s discouraging to think that the jury came up with the verdict so quickly.

The other defense attorney speaking of the bigger issue, of mental health issues, specifically women's mental health issues, and that they think that enough people don't take this issue seriously enough.

(BEGIN VIDEO CLIP)

GEORGE PARNHAM, YATES DEFENSE ATTORNEY: It seems to me that we're still back in the days of the Salem witchcraft, when you take a demonized woman and take a life.

(END VIDEO CLIP)

LAVANDERA: When Russell Yates heard the verdict, he was sitting just across the aisle in the fifth room from the courtroom from me. As soon as the verdict was read, his head fell into his hands, and he said, oh my God. He didn't stand the rest of the time until he left the courtroom. He said he thought everything was unbelievable. Those are his words at that time. The Kennedy family, Andrea Yates's side of the family, was sitting on the opposite side of the courtroom. Two of her brothers and her mother were in the courtroom at the time, visibly shaken by everything that had transpired in the courtroom as well. But now those two families are preparing to testify.

We understand Russell Yates will take the witness stand again. Defense attorneys will put him on as they put on emotional testimony, as they try convince the same jury that convicted Andrea Yates, that they should spare her life and send her just to prison for life -- Bill.

HEMMER: Ed, you mentioned the deliberations there, a little less than four hours time. Was there any evidence the jury asked to see again or be read back during that four-hour period?

LAVANDERA: They sent two notes out to the judge yesterday. One of those was asking for an audio tape player, and the other was for the legal definition of insanity. Of course the only two pieces of evidence that could have been listened to on that tape recorder was the 911 phone call and the taped confession she gave to police later on at the police station after she had been arrested that day. So those two recordings, perhaps they listened to, we're not sure which. But then on top of that, the legal definition of insanity.

HEMMER: Listen, when the penalty phase does get underway tomorrow, this trial went four weeks. Do you have any idea how long the next phase will last, Ed?

LAVANDERA: We have been trying to get a sense from several legal experts here in Houston as to what might transpire. We know for sure that, of course, the defense will put on emotional testimony, family members. And we have talked to several legal experts who said they wouldn't be surprised if the prosecution doesn't call any witnesses to the witness stand.

If you remember several months ago, the prosecution extended a plea bargain in this case to Andrea Yates, that if she said -- committed she was guilty of the crime, that they would just sentence her to life in prison. Apparently, nothing came of that. So all indications are, from several experts that we have had a chance to talk to, that perhaps the prosecution in this case might not pursue the death penalty vigorously tomorrow.

HEMMER: Back in court tomorrow morning, Thursday morning. Ed, thanks.

Ed Lavandera live in Houston. TO ORDER A VIDEO OF THIS TRANSCRIPT, PLEASE CALL 800-CNN-NEWS OR USE OUR SECURE ONLINE ORDER FORM LOCATED AT www.fdch.com