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CNN Live At Daybreak

Grand Jury Indicts Andrea Yates

Aired July 31, 2001 - 07:13   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.
COLLEEN MCEDWARDS, CNN ANCHOR: Texas mother Andrea Yates has been indicted on two counts of capital murder after the drowning death of her five children. Her attorneys claim mental illness makes her unfit to stand trial.

CNN's Ed Lavandera reports.

(BEGIN VIDEOTAPE)

ED LAVANDERA, CNN CORRESPONDENT: New legal maneuvers are developing in the case against Andrea Yates. The grand jury indicted the 36-year-old mother on two counts of capital murder. One count was for the deaths of seven-year-old Noah and five-year-old John, the other for the murder of six-month old Mary. No indictments were handed down in the deaths of her other two children.

The mother is accused of drowning her five children in a bathtub. Police say she confessed to the crime when officers arrived at the Yates suburban Houston home on June 20. There's still no word on whether Yates could face the death penalty. But her attorney has said he expects the prosecutor to seek the harshest punishment.

Since Andrea Yates' arrest, her attorneys say she remains in a psychotic state and unable to communicate effectively. Her defense team has asked for a court hearing to determine whether she's competent enough to stand trail.

RUSSELL YATES, VICTIMS' FATHER: She wasn't in the right frame of mind. And I guess her -- she has, you know, psychotic, you know, side effects with her depression that lead her to do this. She wasn't -- I mean she loved our kids. And you know, anybody that knew her knew that.

LAVANDERA: Andrea Yates is expected to make another court appearance on August 8. Until then, she'll remain in the psychiatric unit of the Harris County Jail and under around the clock supervision.

Ed Lavandera, CNN.

(END VIDEOTAPE)

MCEDWARDS: And joining us now with more on this CNN's legal analyst Roger Cossack.

Roger, five dead children, two indictments, what's going on here?

ROGER COSSACK, CNN LEGAL ANALYST: Well, pretty much what it sounds like. They've indicted this woman for three counts of murder and the issue will be whether or not she is competent enough to stand trial. While she is eligible for the death penalty, the decision yet has not been made whether or not they -- the prosecution will ask for the death penalty. And I think a great deal of that has to do with what the psychiatrists find out regarding her ability to understand what she did and quite frankly, whether or not she has enough ability right now, competent ability, to stand trial. And the test on that is whether or not she understands what the proceedings are going on against her and she is able to assist her attorney in her defense.

MCEDWARDS: And there was some suggestion in that piece that she needed to face two indictments in order to keep that threat of the death penalty there, is that correct?

COSSACK: Well, the -- under Texas law, one part of Texas law at least, to be guilty or to be eligible for the death penalty, you have to be accused and convicted of killing two or more people. In this case, they have indicted her, I believe, for killing three of her five children. I think that probably is to keep the pressure on at least or at least open up the decision making to the state as to whether or not they do wish to go forward and ask for the death penalty in this case.

Look, it's clear that there was something wrong with Andrea Yates, mentally wrong, when she did this. Now, whether or not what was wrong adds up under the law to insanity is something we're going to have to find out. But initially, her lawyers are saying, look, she doesn't even have the ability to communicate with us and assist us. She's not even competent to go to trial.

MCEDWARDS: And Roger, she allegedly admitted to doing this, saying, "I killed my children" when police opened her door. What are her lawyers going to do about that?

COSSACK: Well, the question is whether or not she knew right from wrong. That's the Texas standard and that's pretty much the standard across the United States but it becomes issues of gray. I mean the ability to know what she did and yet not truly appreciate what she did. This is the kind of the thing that psychiatrists are much better able to answer than certainly I am. But the notion that she just admitted and knew what she did, while certainly not -- well, certainly damaging to her case is not determinative.

MCEDWARDS: And once they get to that competency hearing, if they get to it, what do her lawyers need to show there?

COSSACK: Well, they -- prior to the competency hearing, she will be examined by not only a psychiatrist on behalf of her lawyers but perhaps psychiatrists that may even be appointed by the judge or the prosecution. And then they will make a report to the judge indicating whether or not she understands the proceedings.

MCEDWARDS: Understood, thanks so much. CNN's legal analyst Roger Cossack.

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