Yates' Attorneys Allege Double Jeopardy

By: Associated Press
By: Associated Press

Attorneys for a Houston woman who admits drowning her five children have asked an appeals court to stop her capital murder retrial.

Andrea Yates faces trial March 20th in Houston. She's again pleaded not guilty by reason of insanity.

Her attorneys yesterday argued that the indictments against Yates -- over the 2001 killings -- should be dismissed. The defense alleges prosecutorial misconduct resulting in double jeopardy if Yates is tried again.

A judge earlier rejected the double jeopardy claim.

Yates had pleaded not guilty by reason of insanity when a Houston jury in 2002 convicted her of two counts for three of the deaths. Yates was sentenced to life in prison.

An appeals court last year overturned her convictions -- in a dispute over testimony from an expert witness.

The First Court of Appeals also found no prosecutorial misconduct.

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