Andrea Yates has rejected a plea deal that would give her 35 years in prison for the 2001 deaths of three of her five children. Yates was originally convicted of capital murder for drowning three of her children, ages 7, 5 and 6 months, however that conviction was overturned when a forensic psychiatrist was found to have given false testimony. Park Dietz claimed that an episode of Law & Order where a woman suffering from post partum depression had drown her children was aired shortly before the deaths of Yates’ children. The episode didn’t exist and Yates’ verdict was overturned last year.
Yates’ attorney George Parnham announced the rejection of the deal from the state that would put his client in prison for 35 years to which she was originally sentenced life in prison. Prosecutor Joe Owmby said the state would leave the offer on the table until 10 days before Yates' capital murder retrial, which is set to begin March 10. A judge is expected to rule on Parnham's other motions on the grounds of prosecutorial misconduct and that the trial be cancelled because it would amount to double jeopardy some time today.
During her first trial experts argued the severity of Yates’ schizophrenia and post partum depression that Yates claimed to have driven her to drowning her children in their home’s bathtub. Today the State’s request was granted to hire another expert to evaluate Yates’ mental health against her defense’s objection due to the length of time since the 2001 killings. Yates’ ability to determine right from wrong at the time of the killings is still questionable and a major component of both the prosecution and defense’s cases. Yates has been residing at Rusk State Hospital while she awaits re-trial for the deaths of her three children. Evidence was presented in the drowning deaths of her two other children, ages 3 and 2, but she was never charged in relation to their deaths.



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