Andrea Yates

On June 20, 2001, Andrea P. Yates, a wife and mother of five children under the age of 8, filled her bathtub with water and proceeded to drown each child. The eldest child, Noah, age 7, saw her drowning his 6-month-old sister and tried to flee. He was caught, carried back to the bathroom, and drowned. Yates then called her husband, Rusty, at work, and told him that he needed to come home because she had done something to the children. The mass murder in Houston, Texas, drew immediate national and international attention. Most mass murders are perpetrated by males and seldom involve as many young children. Also, not only was the killing done by a woman but the mode of death was even more shocking.

At her trial, Yates did not contest that she did the killings but claimed that she was insane at the time. Her defense documented a long history of mental illness brought on by postpartum depression. Each successive pregnancy increased her level of depression. When questioned about wanting Andrea to have more children even though it was clear that it contributed to her mental illness, Rusty explained that it was God's will that they bring children into the world even if it did affect her health. Her defense documented a long history of Andrea using antipsychotic medications and a suicide attempt.

About 80% of women who give birth experience minor mood swings often referred to as the “baby blues.” Only 10% to 20% of women actually suffer postpartum depression; or about 1 in every 500 births in the United States produces short-term postpartum psychosis. Postpartum depression that results in psychosis is a difficult defense because the defendant has to prove that she did not know right from wrong at the time of her crime. It is recognized as a legal defense in at least 29 countries. These countries, such as Britain, Canada, Australia, and the United States all have infanticide laws. These laws allow for a woman who has killed a child under the age of 1 year to prove that the balance of her mind was disturbed as a result of giving birth. In such cases, the maximum charge is [Page 538]manslaughter. Andrea Yates killed children who were both under and over 1 year old. In the Yates case, there was hope that at least the insanity defense would mitigate a conviction and a reduction in sentence.

Andrea Yates drowned each of her five children in the bathroom of their home on August 8, 2001, and then called her husband Rusty to give him the news. When women kill, the victims are usually family members, such as children or husbands. Although Yates had a long history of mental illness, she was found guilty of murder and sent to prison.

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A finding of NGRI, or not guilty by reason of insanity, would have seen her committed to a psychiatric institution until she was restored to health and the presiding judge deemed her safe to return to society. She would not have been confined in the hospital any longer than if she were convicted and sent to prison. Yates, however, faced a capital murder case that could require the death penalty or life without the possibility of parole. Several women's groups criticized the prosecutor for seeking the death penalty.

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