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American Morning
Andrea Yates Expected to be Arraigned on Capital Murder Charges
Aired August 08, 2001 - 10:01 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: We're going to begin with a story that sent shockwaves across the nation -- a mother accused of drowning all five of her children. At this hour, Andrea Yates is expected to be arraigned on capital murder charges and Yates' attorney is going to enter a plea. Defense lawyers say their client is not fit to stand trial because she has a history of mental illness and they want a competency hearing.
Joining us now to talk some more about the case and the possibility of an insanity defense is Rusty Hardin. He is a former prosecutor for the Houston district attorney's office. And can you tell us this morning, sir, how you think things are going to play out this morning?
RUSTY HARDIN, FORMER PROSECUTOR: I think it'll be very short. My understanding is they've all, as you know, they've given notice they intend to, as the law requires, use the insanity defense at the guilt stage. And now they also have requested a competency exam. And my understanding the competency exam has been completed and the report's been filed, but we don't know what it says or its conclusions, and that may be addressed today in court.
HARRIS: OK, so but is there expected to be any sort of resistance by the judge to having a hearing on her competency?
HARDIN: No. No, I would think so. Any time the defendant requests a competency hearing, they're entitled to it under Texas law. I suspect what will happen today is they'll talk in terms of when and scheduling. I don't think there'll be a formal plea today. Usually in Texas, even though it's called an arraignment setting, the defendant does not usually stand up and enter a plea. It is just assumed that the plea right now would be not guilty by reason of insanity and they'll probably schedule a conference hearing.
HARRIS: Any insight at all into what kind of strategy the defense may be using on this one?
HARDIN: No. I mean this is a no win case for everyone, a horrible crime. The defense, there's no question that she did it. The question is why and what her mental state was. And the prosecution's problem is is that though it's very difficult to imagine a jury giving her the death penalty, my guess is the state is going to want a jury to decide that and not a prosecutor deciding the five deaths just don't deserve it.
HARRIS: I was going to ask you that question next about the prosecution and how you see them playing their hand on this one. So much has been made of what the defense might do. What do you think about the prosecution on this case?
HARDIN: Well, you know, I know all of those people, I've worked with them, I respect them. I think they're going to try to do what they think is right given who their client is. But you have to remember, their client is society at large and I think it's very hard for a prosecutor, when you have five children like this killed, to just say I am going to unilaterally decide as the representative of the crown we won't seek a death penalty. They'll be more worried about what message that sends.
And so my guess is, though they haven't announced they're going to seek the death penalty, that probably this thing will move first toward a competency hearing. If she's found to be competent to stand trial, I suspect the state will put on evidence in support of the death penalty and let a jury, rather than them, decide.
HARRIS: Rusty Hardin, you said a mouthful when you said there's no winners in this thing.
HARDIN: Oh, it's a horrible situation for everybody involved.
HARRIS: Yes. Well, we thank you for your time this morning and sharing your insight. We appreciate it.
HARDIN: Sure.
HARRIS: Take care -- Daryn.
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