Sympathizers gain some relief that mom spared death penalty

By MELANIE MARKLEY

For those who wanted Andrea Pia Yates acquitted by reason of insanity in the drowning of her five children, the jury's decision Friday to sentence her to life in prison came as some small comfort.

"Certainly, there is a huge sense of relief that they didn't go for the death penalty," said Deborah Bell, the Texas president of the National Organization for Women. "But it's not something we are happy about because of what happened on Tuesday," when Yates was convicted.

On the other hand, those who believe the jury was right to convict Yates of capital murder say justice was served, although some preferred the death penalty.

"I believe the jury did an excellent job," said Dianne Clements, president of Justice for All, a Houston victims' rights group. "I have nothing but praise and respect for them. I can only say the guilty verdict was very, very important. And 40 years is a very, very long time."

Sylvia Castillo, director of de Madres a Madres, a Hispanic parental assistance group, said she worries Yates will not get adequate care for her mental illness in the Texas prison system.

Castillo said she believes Yates would have gotten better care in a psychiatric facility than in prison.

"In an institution, she would be seen as having an illness and would be treated 24 hours a day for an illness," Castillo said. "In jail, she'll be with criminals who are not sick and will try to take advantage of her."

David Elliot, spokesman for the National Coalition to Abolish the Death Penalty, said he believes the jurors' hands were tied because of "the narrow wording of the insanity law" in Texas and by prosecutors' decision to make it a capital murder case.

"We would very much like Texas law changed so there could be a verdict or finding of guilty but insane, so the issue of mental illness can be given proper consideration by a jury," he said.

In fact, some say the Yates verdict underscores just how poorly mental illness is understood.

"We know the world is watching," said Sonia Murdock, president of Postpartum Support International. "They are witnessing how uncivilized we are here in the United States in the plight of Andrea Yates and the unjust treatment overall of the mentally ill in this country."

Carol Byars, president of Murder Victims' Families for Reconciliation, called the Yates case a tragedy that never should have happened.

"We see this as a mental health issue that was never addressed properly," Byars said. "I don't think this ever should have been a capital case to begin with."

But Clements said the trial was not about the mental health system; it was about a mother who murdered her five children.

Clements said the law does not give the mentally ill the right to commit a violent crime without facing punishment.

"The mental health system did not fail Andrea Yates," Clements said. "Andrea Yates chose her own destiny, and the law worked perfectly."

Death Penalty Supporter Would Shift If Innocent Person Executed

Dianne Clements, president of Justice for All, an organization that strongly supports the death penalty, said "If I believed we executed an innocent inmate, I couldn't support the death penalty." A recent Scripps Howard Poll in Texas revealed that 69% of the public believes that Texas has already executed an innocent person. The poll also found that most Texans still endorse the death penalty. (Houston Chronicle, March 16, 2003)