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American Morning

Russell Yates Tells Jury He Never Grasped Extent of Andrea's Mental Illness

Aired March 01, 2002 - 09:08   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.
PAULA ZAHN, CNN ANCHOR: Turning now to the Andrea Yates murder trial: As he finished his two days of testimony in his wife's defense, Russell Yates told the jury that he never grasped the extent of Andrea's mental illness. And he said her behavior did not suggest she was a danger to their five children. But Andrea Yates' close friend, who also testified yesterday, said her desperate pleas to Russell fell on deaf ears.

Here is our own Ed Lavandera.

(BEGIN VIDEOTAPE)

ED LAVANDERA, CNN CORRESPONDENT (voice-over): Debbie Holmes and Andrea Yates were like sisters, but Holmes say no one listened to her cries for help in the months before Andrea Yates drowned her five children. Holmes kept a diary of how she says Andrea Yates withered away because of mental illness.

On June 13th of last year, she wrote "Andrea looked like a scared animal." She also told the jury -- quote -- "I was very frustrated at the lack of care I thought she was receiving. And my sister says you need to keep a diary in case something bad happens."

The apocalyptic prediction would come true. Holmes says Russell didn't do enough to help Andrea. She says Russell was more worried about building a traditional home, where man was the breed winner and woman was the homemaker.

UNIDENTIFIED MALE: The jury needs to see the whole picture. You can't understand what happened until you see all of it. I don't know how controlling Rusty was. I don't know that's necessarily bad or good. But you can't really tell what happened until you know all the pieces.

LAVANDERA: Holmes say Andrea struggled with motherhood because Russell didn't help. She said of Russell, "As far as caring for his children on a consistent basis, he didn't." At one point last year, Holmes called to confront Russell about Andrea, saying, "'She needs help now.' I didn't mean next week. I meant now."

Russell Yates says he will take the bruising testimony if it helps save his wife's life.

(BEGIN VIDEO CLIP)

RUSSELL YATES, ANDREA'S HUSBAND: Like I said, we all want the same thing in this, you know, everybody on both sides of our family, we want the same thing.

QUESTION: What is that, Rusty, the same thing?

YATES: Well, we all want her to be found not guilty.

(END VIDEO CLIP)

LAVANDERA (on camera): Defense questions are also focusing on a religious newsletter the Yates family received called the "Perilous Times," from a minister who says organized religion is the instrument of Satan. In one letter, the minister writes that children who aren't saved by the age of 14 are helpless. And defense attorneys are wondering if in some strange way these letters, combined with Andrea Yates' psychosis, convinced her to drown her five children.

Ed Lavandera, CNN, Houston.

(END VIDEOTAPE)

ZAHN: For a look now at some of the legal strategy in the Yates case, we are joined by Cynthia Alskne from Washington, a former federal prosecutor.

Good to see you again. Welcome.

CYNTHIA ALSKNE, FMR. FEDERAL PROSECUTOR: Good morning.

ZAHN: So, Cynthia, Ed just shared with us some of that testimony yesterday. I think the testimony of Andrea Yates' friend was extremely compelling. We also heard what Russell Yates had to say. In the end, whose case does Russell Yates' testimony actually help?

ALSKNE: Boy, this is a tough call. I don't think it's one of those things where you can say, it definitely helped the defense or it definitely helped the prosecution, and that's the end of it. The jury is going to have to spend a lot of time, trying to decide whether or not her deterioration was so complete that she didn't know right from wrong. And it's the kind of case that could easily, instead of actually coming to a resolution, there could be hung jury in this case, because she obviously is crazy, and it's unclear whether or not that deterioration was so complete that she knew right from wrong.

ZAHN: Well, we just heard Rusty Yates say he's willing to take the heat and this criticism heaped on him now because everybody wants the same thing. He said everybody wants to see her found not guilty. But based on what you heard yesterday, he doesn't look too good, does he, in all this?

ALSKNE: Well, he doesn't look too good, and he obviously thought not a danger to the children and must have had some sense of right or wrong, or he wouldn't have left beautiful five children with her. So in that aspect, he definitely helps the prosecution. The problem is the prosecution just doesn't seem to hit those points hard enough -- this is from the prosecution's point of view -- hitting the point hard enough, and they seem to be waiting for their expert. They have this big fancy expert who was the expert in the guy who cannibalized his victims. They have this guy Deeds, and they keep just waiting as if he's the answer to this case, and I think they let the defense define her sickness so much, it may be hard to recover.

ZAHN: Do you expect the defense to put Andrea Yates on the stand?

ALSKNE: Interesting question. Because at this point in the trial, you always think, will the defendant take the stand? Usually the defendant if she or he will testify, they're the last witness, a person without prior history criminal history. You think maybe they will take the stand. But this case is of courses totally different, because the defense is she doesn't know what's going on, half the time catatonic. And so I do not expect her to put him on the stand. I think that it would be too much of gamble.

What happens if on the stand and actually displayed some sanity? And you wouldn't want that if you were the defense attorney. They've done a very good job of presenting her as somebody who deteriorated, who was picking at her hair, staring into space, unable to care for herself, not eating, was institutionalized on and off, stopped taking her medication right before, so it would be too much of gamble.

ZAHN: All right, always appreciate your perspective. Cynthia Alskne, look forward to tracking trial with you in a days ahead. Thank you so much.

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