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American Morning
Texas Child Killing: Prosecutor Joe Owmby Comments on Murder Case
Aired June 22, 2001 - 09:00 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.
DARYN KAGAN, CNN ANCHOR: We're going to go ahead and start with the mother accused of murdering her children. Andrea Yates appeared in court a few minutes ago.
For the latest on this case, let's go right to our Jeff Flock who is in Houston, Texas, at the courthouse.
Jeff, good morning.
JEFF FLOCK, CNN CORRESPONDENT: Indeed, good morning to you, Daryn.
Standing outside the makeshift court this morning. The typical criminal courts building is flooded and that is still not ready for action, so they did it in the building that you see behind me.
And I want to shed some extra light on this this morning. Joe Owmby is the man who may wind up prosecuting this case. You said to reporters a short time ago that this was the most horrific case you've ever seen.
JOE OWMBY, PROSECUTOR: Yeah, just based on what happened and the fact that we have those four children at the morgue, yes.
FLOCK: Give our viewers some perspective on how this will all play out. Today, what happened in court?
OWMBY: Well, today was a preliminary initial appearance. Probable cause was found by a magistrate in the early morning hours yesterday. Today, it was the first appearance before the judge that will be trying it in court, Judge Belinda Hill of the 230th District Court. She appointed a lawyer for the defendant. The defendant said she was unable to hire her own attorney.
FLOCK: Is that a surprise to you that she has not had an attorney up until now?
OWMBY: Well, not really. The defendant is -- she has been warned several times. I know at a magistrate's hearing that she could have -- a (INAUDIBLE) would be appointed for her. This is the first time she has requested an attorney.
FLOCK: Now, you read the newspapers as well as I do, the folks at the "Houston Chronicle" this morning reporting from a source inside the police department that there's a videotaped statement in which she details how this crime was allegedly committed. What is the impact of making those sorts of statements to police without having benefit of an attorney?
OWMBY: Well, I'm not going to talk about the case at all and that would part of the case and we're reviewing the case. Those decisions will be made when they're looked at by the judge and as the process goes along.
FLOCK: But you will be the person, at some point, who will make the recommendation to the elected prosecutor in this county, Mr. Rosenthal, correct,...
OWMBY: Yes.
FLOCK: ... about whether or not to pursue capital punishment in this case, correct?
OWMBY: That's correct. And obviously there's a difference between charging her with capital murder and seeking the death penalty, and all of those decisions will be made by Mr. Rosenthal.
FLOCK: He will make the ultimate decision, but you will make a recommendation?
OWMBY: Yeah, we will make a -- we have a fairly formal process in our office for doing that and he will make that recommendation on that decision.
FLOCK: What are the -- how -- just, without speaking to this case, how do you go about making that recommendation? What factors do you consider and how do you go about that process?
OWMBY: I have a supervisor, a Ms. Marie Munay (ph) is a lawyer that is my direct supervisor. We will consult with her and then we both will consult with the district attorney.
FLOCK: How many capital murder cases have you prosecuted in your time here, sir?
OWMBY: Twelve capital murder cases.
FLOCK: You said this is the most horrific you've ever seen.
OWMBY: I say that now, but every one that I was involved in was most horrific, but this -- I mean we have five children at the morgue. I've never seen anything like this.
FLOCK: In your gut is this the kind of case that the death penalty was designed for?
OWMBY: I can't say that now. The death penalty, in the way it's applied in Texas, depends on the crime, the individual and the combination of all that and justice, and I can't say that the crime alone is the determining factor. FLOCK: I hesitate to get into this area with you, but Texas, in terms of a national reputation, obviously has some reputation for not being hesitant about executing people whether they be black, Hispanic, women. How does that play into the fact that -- you know you say you've had a dozen capital murder cases or so, are you comfortable with the national reputation of your state in terms of the death penalty? I know it's a hard one.
OWMBY: I'm a lawyer. I've tried those cases. I tried each one of them one at a time. That is what I do. That is what I'll do in this case.
FLOCK: Sir, I very much appreciate the time.
OWMBY: All right.
FLOCK: Thank you for your perspective.
OWMBY: Thank you.
FLOCK: Joseph Owmby, thank you, sir.
Obviously, a lot more to come here and perhaps the key question, Daryn, is how they will proceed? Will they pursue the death penalty in this case? And we're a long way out, at least 30 days, from any determination about that.
Daryn, back to you.
KAGAN: Jeff Flock in Houston. Jeff, thank you.
For our viewers, for more on our story, you can go to our Web site. Log on to CNN.com. AOL keyword: CNN. There are details -- in fact more details on the accused killer Andrea Yates. You can also watch a video of what her husband, Russell Yates, had to say about the death of the children and his wife's condition from yesterday.
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