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American Morning

Could Latest Evidence Prejudice Jury in Yates Case?

Aired February 22, 2002 - 07:24   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.
JACK CAFFERTY, CNN CORRESPONDENT: The big question this hour, could the latest evidence prejudice the jury in the Yates case? Prosecutors showed the jury a 15 minute videotape of what the Yates home looked like shortly after the police found the bodies of her five children.

CBS' David Mattingly was in the courtroom when that happened yesterday. He joins us now with a look at the new evidence. And we want to warn our viewers, some of the images that are upcoming in this segment you may find disturbing -- David, thanks for joining us this morning.

Oh, it is. All right. Here's a report from David. My apologies. I thought he was live in Houston. Here's a report from David.

(BEGIN VIDEOTAPE)

DAVID MATTINGLY, CNN CORRESPONDENT (voice-over): The prosecution in the Andrea Yates trial holding nothing back, with two powerful pieces of evidence. First, photographs and a silent videotape taken by police in the Yates home showing graphic pictures of the Yates children as they were found. The oldest, Noah, his body still in the family bathtub. The other four children carefully placed on their backs in their parents' bed, tucked in with a blanket. The youngest, six-month-old Mary, her body resting on the shoulder of an older brother, her hand resting on his.

Emotional moments in the courtroom. Andrea Yates weeping openly at the sight of her children's bodies.

WENDELL ODOM, DEFENSE ATTORNEY: But it was hard for everybody and there's no way you can prepare everybody for this.

MATTINGLY: The prosecution followed up with Yates's audiotaped confession. When asked why she was going to drown the children, a puzzling 15 second period of silence, Yates unable to answer. But she was able to detail how she drowned the children. Noah struggled the hardest.

"You forced him back down into the water?"

Yates: "Yes."

"How long do you think that struggle lasted?"

"Maybe three minutes."

GEORGE PARNHAM, DEFENSE ATTORNEY: A tough day. A tough day.

UNIDENTIFIED MALE: Why? What was the tough day?

PARNHAM: Oh, just the nature of the evidence presented.

(END VIDEOTAPE)

MATTINGLY: Testimony is set to continue in just a couple of hours here in Houston, Jack. And the prosecution is expected to wrap up its case soon.

CAFFERTY: David, is there any talk around the courthouse that the prosecution's strategy could, in fact, backfire on them? And what I mean by that is the horrific nature of this crime, is it possible the jury may interpret the nature of the crime as being something that couldn't have been done by someone who was sane?

MATTINGLY: Well, the defense yesterday did object to a lot of the photographs and a lot of the evidence that was presented, even though some was allowed to be presented. But we also see the defense laying the groundwork for the defense later for next week. We see them calling attention to very specific details about Andrea Yates' behavior, laying the groundwork for the medical testimony that's going to follow.

CAFFERTY: Were you able to see the jury in the courtroom when this tape was being played?

MATTINGLY: Yes, I was able to see them. A couple of the jurors seemed to be wiping their eyes. At times, when they were shown some of the more graphic photographs, some of the jurors would look at them and then look away. Everyone reacted to what they saw in the courtroom and the jurors had a front row seat.

CAFFERTY: All right, David, appreciate your report this morning. Thanks for joining us, David Mattingly, from Houston, Texas on the Yates trial.

That's tough stuff, Paula.

PAULA ZAHN, CNN ANCHOR: Oh, yes. I can't even watch it. I can't imagine what it would be like to sit there as a juror and have to listen and look at this stuff. It makes me sick.

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