Feb. 24, 2006, 9:25PM
Attorney wants judge to block new Yates murder trial
By PAM EASTON
Associated Press
Prosecutors and an expert witness from Andrea Yates' original trial testified today they didn't give much thought to a television legal drama a resident pointed out to them as having similarities to Yates' case.
"Even if this show aired, it didn't matter because we couldn't prove she watched the show," prosecutor Kaylynn Williford testified today during a hearing into defense attorney George Parnham's request to bar a retrial of Yates. "It didn't matter to me. There was so much other evidence."
Parnham says prosecutors used a nonexistent episode of Law & Order to imply Yates had a blueprint "to get out of a trapped marriage by murdering her children and escaping prosecution or a conviction by pleading insanity."
He has asked State District Judge Belinda Hill to halt a retrial of Yates on double jeopardy grounds claiming prosecutorial misconduct.
Parnham says prosecutors knew the testimony offered by their expert witness was false. Prosecutors say it was simply a mistake.
Testimony about the Law & Order episode by the state's expert witness, psychiatrist Park Dietz, led to Yates' two capital murder convictions being overturned last year.
In 2003, a grand jury found there was no wrongdoing by Dietz. The First Court of Appeals, which overturned Yates' conviction, found no prosecutorial misconduct.
Yates, 41, faces retrial March 20 on two capital murder charges for drowning deaths of three of her five children. She has again pleaded innocent by reason of insanity.
Hill said she would listen to additional testimony Monday before issuing a ruling on Parnham's request to halt the retrial.
Prosecutor Joe Owmby testified today that he asked Dietz to check into an episode of Law & Order based on the e-mail his office received. Owmby said he often has confused L.A. Law with Law & Order.
When Dietz responded to a question on cross-examination from Yates' attorney during her 2002 trial about whether a Law & Order episode existed in which a woman was acquitted of killing her child based on insanity, Owmby said he had no reason to doubt Dietz's response that such a show existed.
"As a factual matter, he never said anything he could not document," Owmby said of Dietz. "When he said that, I was positive he had documentation of it."
Dietz, however, said he had ignored the prosecutor's request because he didn't think it had anything to do with Yates' case.
"This was just noise, hardly more important than the boarding announcements as you walk through the airport," Dietz testified. "I knew quite a bit by then. I knew there was already ample evidence of planning, ample evidence of knowing it was wrong."
Shauna Thornton sent the e-mail to the Harris County District Attorney's office a week after Yates' 2001 arrest for drowning her five children, who ranged in age from 6-months to 7-years.
Thornton said an episode of L.A. Law in which a mother smothered her child and then was found innocent by reason of insanity due to postpartum psychosis aired in the weeks before Yates drowned her children.
"This probably is not important, but I thought it was a weird coincidence," Thornton wrote. "I just thought it was odd and thought your office should know."
Thornton said she received a dismissive e-mail later followed by two calls from the district attorney's office. She said she responded with what she knew about the show and then months later, during Yates' trial, realized prosecutors referred to Law & Order instead of L.A. Law.
She said she sent another e-mail attempting to correct the name of the show.
Owmby said the trial had concluded by the time he received the e-mail.
"I certainly didn't purposely make it up," testified Dietz, who said he immediately took steps to correct his testimony upon learning he was wrong.
Jurors were told of Dietz's false testimony after they rejected Yates' insanity defense but before hearing evidence in trial's sentencing phase. Yates was sentenced to life in prison.
During her 2002 trial, psychiatrists testified Yates suffered from schizophrenia and postpartum depression, but expert witnesses disagreed over the severity of her illness and whether it prevented her from knowing that drowning her children was wrong.
This article is:
http://www.chron.com/disp/story.mpl/met ... 83410.html