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CNN Live Today

Yates Sentencing Trial Begins Shortly

Aired March 14, 2002 - 11:02   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.
LEON HARRIS, CNN ANCHOR: In Houston, Texas, the penalty phase of the Andrea Yates trial is getting underway right now. Jurors found Yates guilty of capital murder for drowning her five children the day before yesterday. The same panel must now decide whether she should be executed or sentenced to life in prison.

CNN's Ed Lavandera has been covering the trial for us now. He checks in live. Good morning, Ed.

ED LAVANDERA, CNN CORRESPONDENT: Good morning, Leon.

We're about a half hour away from the beginning of the punishment phase of this trial. On Tuesday, of course, Andrea Yates was convicted, found guilty of drowning her five children, and the jury did not rule that she was insane at the time of those drownings.

So now, the same jury that convicted her must decide whether she is sent to life -- prison for life, or executed for that crime. Just a short while ago, defense attorneys and prosecutors arrived here at the courthouse. Defense attorneys telling us they plan to call four to eight witnesses, including a couple of medical experts. Prosecutors mentioning that it is not likely that they will call anyone to the witness stand, and just let whatever the defense's words are, at this point, speak for themselves and let the jury decide, which is what prosecutors in Houston have been saying all along, since back in August of last year when they decided to pursue the death penalty in this case, and remember, it is kind of a sign that the prosecution isn't all that interested in perhaps getting the death penalty issued to Andrea Yates, because since they are not going to call anyone, that they have burden of proof on this punishment phase, so it doesn't look like they are terribly excited about the thought of this jury issuing the death penalty against Andrea Yates.

(BEGIN VIDEOTAPE)

UNIDENTIFIED FEMALE: We, the jury, find the defendant, Andrea Pia Yates, guilty of capital murder, as charged in the indictment.

ED LAVANDERA, CNN CORRESPONDENT (voice-over): One thing is certain, Andrea Yates is going to prison. But the ultimate question about her life remains unanswered. Defense attorneys hope the jury that convicted Yates in less than four hours will listen to their pleas for mercy.

UNIDENTIFIED MALE: We'll try to build credibility back with the jury and start over again.

LAVANDERA: In the trial's punishment phase, the jury decides if Andrea Yates will spend the rest of her life in prison or face execution. Russell Yates and other family members will testify again. Attorneys say it's a wrenching experience, families often feeling the weight of every word they say to the jury.

JOE ROACH, DEFENSE ATTORNEY: If I had said one more thing would I have saved her from the needle? It's an impossible position for a family to be put in.

LAVANDERA: The jury's quick deliberation Tuesday caught most people involved in the case off guard. It's ignited a flurry of speculation among trial observers.

SUZY SPENCER, AUTHOR, "BREAKING POINT": When I saw the jurors polled and their tones of voices were so cold, angry, lacking of any compassion or no remorse on their parts, no choking, no quivering, and it made me think that they may go for the death penalty.

ROACH: There will be shock, probably, if the death penalty is assessed. I think most people are expecting life in prison.

(END VIDEOTAPE)

LAVANDERA: The jury, in this case, must answer two questions, after the end of this punishment testimony is presented. The first question is whether or not Andrea Yates is a future threat to society. Defense attorneys say they will use some medical experts to answer that question. If the jury says "no" to that question, the case is over. Andrea Yates will be sent to prison for life.

If they answer "yes," they move on to a second question, which is whether or not there are any mitigating or aggravating circumstances that should keep Andrea Yates from being executed. If they answer that there is, that there are instances of aggravated issues, that they need to be taken into account, Andrea Yates will be sent to prison for life. So those two questions will be presented to this jury after all of this testimony is over -- Leon, back to you.

HARRIS: All right. Thank you, Ed. We'll let you get back inside the court.

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