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7/27/2006
For some, verdict just, for others, travesty

By Senée Seale
The Daily News

Published July 27, 2006

GALVESTON COUNTY — Local opinions were mixed Wednesday about the verdict in the second trial of Andrea Yates, who drowned her five children in the bath tub of their suburban Clear Lake home.

Yates was found not guilty by reason of insanity. She will be committed to a state mental hospital and held until she is no longer deemed a threat, according to The Associated Press. If she had been convicted of murder, she would have been sentenced to life in prison.

Comprehending how someone could commit such an act is hard for some.

“If, by the third child, it had not occurred to her that her actions were wrong, then she is obviously insane,” said Doyle Mims of Galveston. “Those wanting a pound of flesh can be consoled in the fact that confinement for life in a state mental institution is not very much of a step up from prison.”

Some residents have a different opinion.

“Hopefully she will be there the rest of her life, and hopefully it will not be like staying at the Marriott for her,” said Norma Breeland of Dickinson.

“Her husband made the comment that he was glad she would be at the mental hospital because she would be able to go about and her stay would be more bearable. In that case, perhaps she should go to prison.”

Marjorie Grady of Texas City agreed.

“I think the verdict is terrible,” she said. “By saying she is not guilty because she was insane means one year from now if they decide she is well then she is released and her record is clear. As the jury foreman stated, the law should be made more clear. He said it should have said guilty but insane.”

Wydell Dixon of Texas City said she's “pleased to a point” with the verdict. “But I feel that locking her away will not benefit her,” she said.

William Winslade, medical ethics and law professor at the University of Texas Medical Branch, said the verdict is appropriate.

“It's obviously a terrible, terrible, tragedy that all those children were killed, but there seemed to be convincing evidence to the jury by the psychologists who evaluated her after it happened,” he said.

Winslade said the jury is not excusing the crime, but is acknowledging that Yates was insane at the time she committed it — not necessarily before or after.

Breeland said the insanity option should be taken off the table.

“Insanity should not be an option in many cases,” she said. “Obviously, it is now abused.”

In his book, “The Insanity Plea,” Winslade gives instances where this defense was not appropriate.

“But I believe that the insanity plea was appropriate given how crazy she was at that time,” he said of the Yates case.

Mims said the state government could do more to help those with mental illness before their condition causes death.

“Have you ever tried getting mental health treatment for a loved one? There are no adequate resources for the type of help she needed.

“The State of Texas must accept some blame for its inadequate funding for mental health,” he said.

“If the Harris County district attorney had spent the millions of dollars getting her help as opposed to pursuing her prosecution, this may not have occurred.”

Winslade said the majority of people who commit crimes in Texas are in need of mental health treatment, but strained resources in state prisons prevent all those needing help from getting it.

“There is a movement around the country to have mental health courts to give them mental health treatment,” Winslade said. “I think that's a good idea for some people who commit crimes. Not everyone, of course.”

Houston does have a mental health court system, he said.

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