STATE OF TEXAS v. ANDREA YATES

1
STATE OF TEXAS v. ANDREA YATES

• Exhibits to the testimony of
• Park Dietz, MD, PhD

2
RETENTION
3
Relevant Expertise

• Homicide
• Drowning
• Forensic psychiatry
• Evaluation of criminal responsibility

4
When?

• Contacted July 6, 2001 (16 days after homicides)
• Requested all records and examination ASAP
• Notified September 26, 2001, that court had
  signed order authorizing examination

5
SOURCES OF INFORMATION
6
Interviews

• Mrs. Andrea Yates, 11/6/01 and 11/7/01
  (videotaped and audiotaped)
• Melissa Ferguson, M.D., 11/6/01
• Debra M. Osterman, M.D., 11/7/01
• Mr. Russell Yates requested but refused
• Mrs. Dora Yates requested but refused
• Mr. and Mrs. Robert Holmes, 11/8/01

7
Videotaped Interviews by Others

• Videotape of interview of Russell Yates, 6/21/02,
  Channel 13
• Videotape of a portion of the examination by
  Phillip Resnick, M.D., 7/14/01
• Videotape of a portion of the examination by Lucy
  J. Puryear, M.D., 7/27/01
• Videotape of a portion of the examination by Lucy
  J. Puryear, M.D., 8/10/01

Cont.
8
Videotaped Interviews by Others (cont.)

• Videotape of the examination by Phillip Resnick,
  M.D., 11/3/01
• Videotape of excerpts of an interview of Russell
  Yates, undated, broadcast on 60 Minutes, 12/9/01
• Videotape of the examination by Lucy J. Puryear,
  M.D., 2/4/02

9
Testimony Under Oath

• Grand Jury testimony of Mohammad A. Saeed, M.D.,
  6/25/01
• Testimony of Phillip J. Resnick, M.D., 3/1/02
  (afternoon)
• Testimony of Lucy J. Puryear, M.D., 3/6/02
  (afternoon)

10
Educational Records re. Defendant

• Transcript from Houston Independent School
  District
• Milby High School Yearbook, 1982
• University of Houston records
• University of Texas Health Science Center at
  Houston records

11
Employment Records re. Defendant

• Employment records, M.D. Anderson Hospital and
  Tumor Institute

12
Social Service Records re. Defendant

• Harris County Child Protective Services records
  re. Andrea Yates

13
Medical Records re. Defendant

• Ben Taub Hospital Emergency Room records, 6/17/99
• Methodist Hospital records, 6/18/99 6/24/99
• James P. Thompson, Ph.D., records
• Starbranch Psychiatry Associates records, 7/1/99
  4/3/01
• Spring Shadows Glen Hospital records,
  7/21/99-8/10/99

Cont.
14
Medical Records re. Defendant (cont.)

• Samaritan Center for Counseling and Education
  records, 8/26/99-2/24/00
• Earline Willcott, LMSW, records, 5/16/00
  03/06/00
• Devereux Texas Treatment Network records,
  3/31/014/12/01
• Devereux Texas Treatment Network records,
  5/04/015/22/01

Cont.
15
Medical Records re. Defendant (cont.)

• Mohammad A. Saeed, M.D., records, 4/19/01
  6/21/01
• Harris County Jail medical records, 6/20/01
  12/19/01

16
Investigative Reports

• Complete Houston Police Department investigative
  file
• Tape of 911 call by Andrea Yates
• Police crime scene photos
• Crime scene videotape 

17
Medical Examiners Office Investigation

• Medical Examiners Office crime scene photos
• Autopsy report re. Mary Deborah Yates, age 6
  months, by Patricia J. Moore, D.O.
• Autopsy photographs of Mary Deborah Yates
• Autopsy report re. Luke David Yates, age 2, by
  Harminder S. Narula, M.D.
• Autopsy photographs of Luke David Yates

Cont.
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Medical Examiners Office Investigation (cont.)

• Autopsy report re. Paul Abraham Yates, age 3, by
  Harminder S. Narula, M.D.
• Autopsy photographs of Paul Abraham Yates
• Autopsy report re. John Samuel Yates, age 5, by
  Patricia J. Moore, D.O.
• Autopsy photographs of John Samuel Yates
• Autopsy report re. Noah Jack Yates, age 7, by
  Harminder S. Narula, M.D.
• Autopsy photographs of Noah Jack Yates

19
Statements

• Statement of Andrea Yates, 6/20/01 (tape and
  transcript)
• Statement of Russell Edison Yates, 6/20/01 (tape
  and transcript)
• Statement of Dora Yates, 6/20/01 (tape and
  transcript)

20
Forensic Evaluation Records re. Defendant

• Report by Steven Rosenblatt, M.D., 6/25/01
• Report by George M. Ringholz, Ph.D., M.D.,
  undated
• Unsigned report by Phillip J. Resnick, M.D.,
  02/27/02

21
Legal Documents

• Texas Penal Code, Section 8.01 re. Insanity
• Notice of Intent to Offer Evidence of the
  Insanity Defense, 7/30/01
• Various Motions

22
Miscellaneous Documents

• March June 2001 Chronology prepared by Debbie
  Holmes
• The Perilous Times, Series 2000-1J

23
FINDINGS
24
Differential Diagnosis

• Major Depression with Psychotic Features
• Schizophrenia
• Schizoaffective Disorder
• Any of these is a severe mental disease

25
Contextual Factors 1999

• Living in a bus with her husband, a newborn, and
  three other children
• Began home schooling
• Feeling depressed and overwhelmed, she asked her
  husband for help, but got medical attention only
  upon taking an overdose (June)
• Treated at Ben Taub, admitted to Methodist
  Hospital (June)

Cont.
26
Contextual Factors 1999 (cont.)

• Flushed Zyprexa (July)
• Threatened to cut herself with a knife (July)
• Admitted to Spring Shadows Glen Hospital
  (July-August)
• ECT recommended by Drs. Thompson and Rios Mr.
  and Mrs. Yates refused (August)
• Moved into a house (August)

Cont.
27
Contextual Factors 1999 (cont.)

• Against medical advice, secretly went off all
  medication (November)

28
Contextual Factors 2000

• Against medical advice, became pregnant
  (February)
• Against medical advice, failed to take medication
  during pregnancy
• Had 5th child, Mary (November)
• Against medical advice, failed to take medication
  postpartum
• Continued to home school

29
Contextual Factors 2001

• Her father fell (January) and declined until his
  death (March)
• Admitted to Devereux (March)
• Filled bathtub with water (May)
• Admitted to Devereux (May)
• Dr. Saeed recommended ECT Mr. and Mrs. Yates
  refused (May)

Cont.
30
Contextual Factors 2001 (cont.)

• Dr. Saeed told Mr. Yates that someone must be
  with his wife (April)
• Denied delusions or hallucinations countless
  times when asked by MDs
• Two delusions (cameras and television) known only
  to Mr. and Mrs. Yates, were kept secret from all
  doctors (August 1999-June 2001)

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Contextual Factors 2001 (cont.)

• Mrs. Yates was left alone with the children

32
Knowledge of Wrongfulness
33
Pre-Homicide Phase

• Believed Satan put the thought in her mind to
  drown the children and encouraged her to do so
• Concealed from everyone her thoughts of harming
  the children and her plan to drown the children
• Waited for an opportunity when no one was home so
  that she would not be stopped from drowning the
  children

Cont.
34
Pre-Homicide Phase (cont.)

• Believed that killing the children would be
  sinful and would be the last of the Seven Deadly
  Sins for her to commit
• Believed she was not raising the children
  properly, did not pay enough attention to them,
  and that they might get in trouble

35
Pre-Homicide Phase (cont.)

• ? May have believed the children were being
  tormented by Satan or going to hell, but didnt
  try nonlethal ways of protecting them and never
  mentioned this until the day after the homicides
• ? May have believed Satan was in her, but did not
  seek help for this problem

36
Homicide Phase

• Knew she would be arrested and put in jail
• Knew what she was doing was illegal
• Knew society would judge her actions as bad
• Knew God would judge her actions as bad
• Knew it was wrong to kill the children (Michael
  Stephens, Dr. Rosenblatt)

Cont.
37
Homicide Phase (cont.)

• ? May have covered each body between homicides to
  conceal the previous homicides from the surviving
  children
• ? May have believed she was saving the children
  from torment or hell, but did not try to comfort
  them during the homicides
• ? May have believed Satan was in her or that she
  was Satan

38
Post-Homicide Phase

• Covered the faces of all the bodies in the bed,
  indicating guilt and shame
• Called 911 and asked for the police because
  thats who you call . . . when youve done
  something wrong, and she thought she had done
  something wrong
• Told Sgt. Mehl she wanted to be punished and was
  prepared to go to hell for what she had done

Cont.
39
Post-Homicide Phase (cont.)

• Told Sgt. Mehl she wanted to be punished by the
  criminal justice system for what she had done and
  asked when her trial would be
• At some point believed her execution would kill
  Satan, but she first mentioned this on 6/21/01

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Opinions
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At the Time of Drowning Each Child

• Mrs. Yates knew that her actions were wrong in
  the eyes of the law
• Mrs. Yates knew that her actions were wrong in
  the eyes of society
• Mrs. Yates knew that her actions were wrong in
  the eyes of God

42
At the Time of Drowning Each Child

• ? Mrs. Yates may have believed that the killings
  were in the best interests of the children and
  that the ends (saving the children) justified the
  means (wrongly and illegally killing them)