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Yates' Second Murder Trial Begins

By: Associated Press
By: Associated Press

Opening arguments in the retrial of Andrea Yates are set to begin Monday in Houston.

Yates was convicted in 2002 of drowning her children in a bathtub, but the verdict was overturned last year due to erroneous testimony.

Yates, 41, is again pleading not guilty by reason of insanity. Her attorneys say she was suffering severe postpartum psychosis
when she killed her five young children in 2001.

Prosecutors say that Yates may be mentally ill, but she fails to meet the state's legal definition of insanity: not knowing at the time that her actions were wrong.

Attorneys selected a jury of eight men and seven women, including three alternates, on Thursday.

If convicted of capital murder, Yates will be sentenced to life in prison. Prosecutors cannot seek the death penalty, because the jury rejected it in the first case.

Prosecutors say they will call Dr. Park Dietz again. The psychiatrist testified that a "Law & Order" T-V episode showed a similar killing and insanity acquittal that may have influenced Yates. No such episode existed and the mistake caused an appeals court to overturn her conviction.


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