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Yes, Rachel, after reading this second post I have to really agree with
you and re-think my position. The testimony from the expert that was false had to have clouded the minds of the jury. The verdict will still be the same, but the sentencing will have to be different.
posted by
sarooster
on January 8, 2005 at 2:10 PM
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I don't think the outcome will be any different...
But the nature of the false testimony may change the sentence and surprise us all. The Law and Order reference made it sound to the jury like she got this grand plan from a television show and then carried it out on her own family. That eludes to premeditation--which will influence how people believe she should be punished.
Without this inaccurate testimony the jurors could simply see her as a sick individual in need of serious and intensive mental health care instead of some plotting, scheming mad woman.
I agree that she should be punished and I don't have any doubt that she will be kept locked up in some capacity. I believe what she did was wrong, but if there was no premeditation she may be treated differently by the courts.
posted by
RachelAnna
on January 8, 2005 at 10:04 AM
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Sarooster
I haven't followed the Yates deal lately........
On your personal note, good job with the right track!
posted by
Wildwoman_Laloba
on January 8, 2005 at 9:55 AM
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Rachel,
While I can agree with what you said the false testimony has nothing to do with the crime. She murdered her children. There may be differences of opinion by "experts" as to the cause of what caused her to do this. She has to be mentally unstable. Nobody in their right mind would do this. The problem has come about because the jury might have been swayed by expert testimony that was false. Granting a new trial will not change the verdict. So the system should just determine what should happen to her. She is a sick person that needs help. But the nature of her crime will make it hard to deal with for our justice system.
posted by
sarooster
on January 8, 2005 at 9:49 AM
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The Yates thing is very complicated...
Because there was false testimony that probably swayed the jury they had to overturn the sentence. I don't think that she'll go free (this is Texas, after all...) but I do believe that she deserves the appeal that was denied before on the basis of false testimony.
I do believe she should be punished for her crimes, but like all innocent or guilty people, I think she deserves a fair trial. A fair trial includes accurate testimony that will allow the jurors to deliberate fairly. She didn't get this, and whether she killed her five children or not, she should be given another trial.
PPD is serious and scary and being a woman, I would hope if I committed a crime like this when I was so very sick that the law would look out for me and I would get a fair trial. I don't think we can dismiss her actions, but I do think they've done the right thing by overturning the sentence...
posted by
RachelAnna
on January 8, 2005 at 9:17 AM
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Ca88*
Ms. Yates drowned her 5, I think it was five; children in her bath tub.She is mentally ill. What else can you think? Her conviction was overturned by a court here and she may be granted a new trial. Most people seem to think her husband is a bit culpable in this deal also. It has bene interesting to follow it and see just how our justice system works!
posted by
sarooster
on January 8, 2005 at 5:23 AM
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I know nothing of the Yates case, but now I'm interested...
posted by
Ca88andra
on January 8, 2005 at 1:06 AM
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I hope the situation gets better quickly for you and yours.
You have to think Yates' husband could have done more to help her out.
posted by
sarooster
on January 7, 2005 at 8:21 AM
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Hey, Saroo, give me some of that sun, would you????
We have the Red Cross and National Guard here now, as this ice continues to pelt us.
I honestly want to see Andrea Yates get a new trial. While she is culpable, of course, to a point, I also in my mind, find her husband culpable.
posted by
KlaraRoberts
on January 7, 2005 at 6:33 AM
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ssaroo, go figure!
posted by
kingmi
on January 7, 2005 at 5:02 AM
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