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American Morning

Yates Jury Will Hear Last Defense

Aired March 15, 2002 - 08:02   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: Up front this morning, pleas for mercy. In the next few hours, the jury, which found Andrea Yates guilty of capital murder, will hear from the last defense witness in the penalty phase of the trial. Then, following brief statements from the prosecution and the defense, the jury must decide whether the Texas mother should get a life sentence or be put to death for her crimes.

CNN's Ed Lavandera is in Houston. He has been following the trial.

ED LAVANDERA, CNN CORRESPONDENT (voice-over): The mission for Andrea Yates' attorney is clear and simple.

GEORGE PARNHAM, YATES' DEFENSE ATTORNEY: We'll do everything we can to save her life.

LAVANDERA: About a dozen witnesses, including close friends, like Debbie Holmes...

UNIDENTIFIED FEMALE: To talk about my beautiful friend, my sweetie, Andrea.

LAVANDERA: ... have described Andrea Yates as a compassionate and loving woman who never showed signs of violence until she drowned her five children.

Russell Yates described his wife as the kindest and most compassionate person he knows. Andrea's mother asked the jury for mercy, saying -- quote -- "Andrea has been helping people all her life, and the two times she really needed help, it wasn't given long enough."

The jury showed little emotion as each family member and friend testified.

PARNHAM: We present what we have and, you know, if it's emotional, it's emotional, and that's the type of testimony that we have and that's what we presented.

LAVANDERA: The defense wants to show Yates as not a future threat to society. If the jury decides she is not, then the 37-year- old woman will go to prison for life, eligible for parole in 40 years.

Prosecutors didn't put on any witnesses, a sign perhaps they aren't zealously pushing for a death sentence, but outside court, that's not the way prosecutors put it.

JOE OWMBY, PROSECUTOR: We offer the evidence during guilt and any capital murder trial bears on the punishment issues. So that's why we, as a formality, actually, we offer the evidence from a...

(CROSSTALK)

UNIDENTIFIED FEMALE: You have made your case, in other words.

OWMBY: Well, I'm not commenting like that.

LAVANDER (on camera): Prosecutors don't plan on staying silent. They will make closing arguments to the jury, and defense attorneys expect prosecutors to take a more aggressive tone as they remind the jury that Andrea Yates is the convicted murderer of her five young children, and that the death penalty is still very much an option.

Ed Lavandera, CNN, Houston.

(END VIDEOTAPE)

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