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CNN Live Today

Penalty Phase of Yates Trial to Start Tomorrow

Aired March 13, 2002 - 14:25   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: It took the jury less than four hours late yesterday to convict Andrea Yates of capital murder for drowning her five children. And now jurors have to decide if Yates should be sentenced to death for that. Ed Lavandera now covering the trial from the very beginning. It enters the penalty phase tomorrow in Houston. Ed, good afternoon.

ED LAVANDERA, CNN CORRESPONDENT: Good afternoon, Bill. The jury, prosecutors and defense attorneys have been given the day off today. They will return tomorrow to begin testimony in the punishment phase. So you might imagine defense attorneys are working to prepare what should be very emotional testimony as they have told us that they plan on putting several family members on the witness stand including Russell Yates.

But yesterday, as the jury entered the courtroom after deliberating for a little over three and a half hours, none of the jurors looked over at Andrea Yates as they walked in and filed into the jury box before the verdict was read. Andrea Yates' attorney had his arm around her as the verdict was read. She didn't show a lot of emotion as the world guilty was read out loud in the courtroom. But as she walked out and she looked over at her mother and her two brothers sitting on one side of the courtroom, you could see that Andrea Yates was starting to become visibly upset. Her attorneys afterwards said that Andrea Yates was very upset.

Russell Yates had a chance to meet with her in the jail just a few blocks away from the courthouse here last night. Tuesdays are visiting days here in downtown Houston at the jail. And Russell Yates wouldn't comment afterwards. His head fell into his hands when the verdict was read and he said to himself, oh my God. But after visiting with Andrea Yates in the jail, him and his family came over back to the courthouse where a small group of supporters, an Andrea Yates coalition that has been offering the family support and trying to spread awareness of mental health issues over the course of the last eight-and-a-half months, gathered for a candlelight vigil, offering support to the family.

Of course, the family will return tomorrow, as I've mentioned, Bill, and it will begin their attempts to try to convince this jury that Andrea Yates should be spared from the death penalty. And the questions that will face this jury is whether or not Andrea Yates poses a future danger to society and whether there are mitigating circumstances that should be considered instead of giving her the life -- I'm sorry, the death penalty, whether or not she should be convicted to life in prison. Of course, if she is sent to prison for life, she would be only eligible for parole in 40 years -- Bill.

HEMMER: And, Ed, I know the opening and closing elements of that trial were made available to us. We could watch them on television. What's your take on the penalty phase? Will that be available as well?

LAVANDERA: We won't have cameras in the courtroom for any of the testimony, but we do understand at this point, that the judge will allow cameras into the courtroom for the moment that the punishment is handed down in this case. So we'll be able to watch that live as well.

HEMMER: All right, Ed, thanks. Ed Lavandera live in Houston.

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