May 04, 2005
DA appeals Yates decision

I'm not surprised that the Harris County DA's office has asked the Texas Court of Criminal Appeals to overturn the lower court ruling that threw out Andrea Yates' conviction. It would have been a major shock had they not done so, especially given the friendly reception they're likely to get from the CCA. I wish there were more concern about justice and less about the scoreboard, but I can't say that such a thing is unique to Chuck Rosenthal, however little I may think of him. I certainly understand why Ginger is pissed about this, and I know I'll feel as vehemently as she does if the CCA cooks up another cockamamie rationale for excusing anything the prosecution does, but for now I'm choosing to remain optimistic. Maybe this time the system will work as advertised. Stranger things have happened.

Posted by Charles Kuffner on May 04, 2005 to Crime and Punishment | TrackBack

Until the State of Texas passes a law allowing for a true insanity defense, which, IMO, is definitely warranted in this case, then Andrea Yates will forever be in limbo. I am a staunch law and order advocate for victim's rights, but in this case, Yates is a poster child for insanity. She needs to live out the rest of her days in a hospital, where someone can monitor her meds and make sure she can never harm herself or anyone else - ESPECIALLY herself. I think it is telling that the prison hospital cannot put her on a full dose of the anti-psychotic meds, because when she "comes back" to reality, she is so overwhelmed by what she did that she tries to do harm to herself. THAT, my friends, is a person with a true mental illness, not a faker, not a scam artist, and she does not deserve to be in prison. However, unless the law changes, it does not matter what kind of re-trial she gets, she will still wind up in prison because the jury cannot find any other way - she did it, we all know she did it, and prison is the only alternative the state provides!

Posted by: Jenny on May 4, 2005 10:50 AM