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American Morning

Texas Mother Indicted: Attorneys Claim Yates Not Fit to Stand Trial

Aired July 31, 2001 - 10:13   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.
DONNA KELLEY, CNN ANCHOR: In Texas, a woman accused of drowning her five children has been indicted on capital murder charges. A grand jury returned the indictments against Andrea Yates yesterday. Authorities say that Yates admitted to killing her children. Yates' attorneys say that their client has a history of mental illness and is not fit to stand trial. Yates has remained in jail since police were called to her home on June 20. It was on that day that authorities found the bodies of the five Yates children ages seven years to six months.

That discovery sent a shockwave across the nation and now as lawyers prepare for the next step in the case, CNN's legal analyst Roger Cossack joins us from Washington to talk about what lies ahead -- good morning, Roger.

ROGER COSSACK, CNN CORRESPONDENT: Hi, Donna.

KELLEY: Where are we in the process?

COSSACK: We're at the very, very beginning. What has happened here, of course, is that, as you know, that she has been indicted on two counts, one for the murder of three of her children, and one for the murder of the infant. And the reason for that is there are various requirements under Texas law that would give the prosecutors the right to ask for the death penalty. One is multiple killing and one is the killing of an individual under six years of age.

So by indicting this way, they have two different options in which if they decide to go forward with the death penalty they can. But the defense lawyers have raised an interesting point. Prior to even saying that their plea of guilty or not guilty by reason of insanity, they are raising a point that says she is just in a position where she is incompetent to stand trial. And what that means, it's a different standard, does she have the ability to communicate with her lawyers and assist in her own defense.

And what they're claiming is that she is in such a psychotic state that she really is unable to work with them in her own defense and therefore is not even competent to stand trial and the trial should be postponed until she becomes competent to stand trial.

KELLEY: Yes, in Texas they have to charge, at least have to have two, at least for the death penalty. Tell us what happened since the attorneys have asked for a competency hearing. What do they do to show that she's incompetent to stand trial?

COSSACK: Well, first of all, they will have her examined by a psychiatrist of their choosing. But the prosecution also will have the ability to have her examined by a psychiatrist and, in fact, the judge perhaps may even appoint a psychiatrist to represent the court in this matter so that the judge can have all of the different opinions of the psychiatrists as to what her abilities are and are not.

Now, remember, this is a different standard than whether she's guilty or not guilty by reason of insanity. That standard is can she tell right from wrong and other nuances that may go along with that. This is merely an issue that says is she of enough, is she competent enough that she is able to take an active role and discuss her case and cooperate with her attorneys in the presentation of her defense? They are claiming that she is in such a state that she is unable to really cooperate with them, that they, in fact, have no ability to relate with her and therefore she is incompetent to even go ahead and stand trial and the trial must be put off and she must be treated until she is then competent to stand trial.

KELLEY: Our legal analyst at CNN, Roger Cossack, thank you. We'll see you on BURDEN OF PROOF 12:30 Eastern Time.

COSSACK: OK.

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