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Yates Juror Concerned About Not Guilty Verdict

POSTED: Monday, July 31, 2006

A woman who served as a juror on Andrea Yates second murder trial said she is concerned about the not guilty verdict the panel handed down, KPRC Local 2 reported Monday.

Last week, Yates was found not guilty of capital murder by reason of insanity in the drowning deaths of her five children in their Clear Lake home.

Lucille Kelley was one of the 12 jurors on the month-long trial. She said she reached the not guilty by reason of insanity verdict because there was no better alternative.

"You didn't want to acquit her?" KPRC Local 2's Phil Archer asked.

"Yes by saying not guilty," she said.

"But you didn't want to send her to prison, either?" Archer said.

"No, I wanted her to be under the state's care for the rest of her life," Kelley said.

Yates, 42, will be transferred to North Texas State Hospital in Vernon, which is about a six-hour drive from Houston. Doctors will then evaluate her at the maximum-security state mental facility to determine if she's a danger to the community or herself.

State District Judge Belinda Hill asked that Yates return to Harris County court in 30 days, when the judge could transfer Yates to Rusk State Hospital, which has less security and is about 3½ hours from Houston.

Yates' attorney said it's unlikely that she will ever be released. But Kelley believes the law should be changed to allow jurors to find a defendant "guilty but insane." That would allow the state to supervise defendants like Yates forever.

"I don't want her released ever under any circumstances," Kelley said. "I'd like her to be a ward of the state for the rest of her life."

KPRC Local 2 legal analyst Brian Wice contended that a defendant cannot logically be both guilty and insane. He believes the current law provides plenty of oversight by the state.

"It sounds like buyer's remorse and certainly we don't have any guarantee that the people we release from the penitentiary on a daily basis won't re-offend," Wice said. "With the firestorm of publicity that this case has gotten, with the tragic facts this case underscores, that there is no reasonable probability that Andrea Yates would ever walk free."

Kelley has contacted her legislator and said she will start a petition drive to try to change the law.

Jurors found Yates not guilty by reason of insanity Wednesday on the third day of deliberations in her capital murder retrial. After deliberating nearly 13 hours, jurors determined the Clear Lake mother was legally insane when she drowned her five children in the bathtub.

Yates' attorneys never disputed that she drowned 6-month-old Mary, 2-year-old Luke, 3-year-old Paul, 5-year-old John and 7-year-old Noah in their Clear Lake home in June 2001. But they said she suffered from severe postpartum psychosis.

Under Texas law, a person can be found insane if, because of a severe mental illness, he or she does not know the crime is wrong.

Yates was charged in only three of her children's deaths, which is common in cases involving multiple slayings.

She would have been sentenced to life in prison if she had been convicted of capital murder.

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