Bail Set at $200K for Andrea Yates

Andrea Yates, the Texas woman who was convicted of two capital murder charges for the murder of her five children, will be retried for the charges on March 20. The First Court of Appeals overturned Yates’ convictions over a year ago because a forensic psychiatrist testifying as an expert witness for the state claimed that Yates was influenced by an episode of the television series "Law and Order" that dealt with a woman suffering from postpartum depression who killed her children. The appeals court said that no such episode had ever aired, so the jury was wrongly influenced by the testimony and the conviction should be thrown out.

Yates was convicted of only two of the murders, even though she confessed to drowning all five of her children: 7-year-old Noah, 5-year-old John, 3-year old Paul, 2-year old Luke, and the youngest, 6-month-old Mary. During her trial, various expert witnesses disagreed sharply over the severity of her schizophrenia and postpartum depression, and whether or not her condition prevented her from knowing that drowning her children was wrong.

By overturning the conviction, the case will have to be retried all over again. Yates has again pleaded not guilty by reason of insanity, the same plea she entered during her first trial. Yates’ attorney, George Parnham, said that she is severely mentally ill. "She is on a heavy dosage to this day of antipsychotic medications," he told reporters.

State District Judge Belinda Hill set a $200,000 bond Wednesday for Andrea Yates, on the condition that she be committed to Rusk State Hospital while awaiting trial. If she is released on bond, she will be returned to the Harris County Jail for the duration of her trial, which could last from four to six weeks. Parnham had asked the judge for a $50,000 bond, which would have required $5,000 in cash for Yates to be released from jail and sent to the hospital. But with a $200,000 bond, Yates will have to come up with $20,000 in order to leave jail.

Rusty Yates, Andrea’s ex-husband, and her mother, Karin Kennedy, attended the hearing but did not sit together. Parnham said that he has not received any word from Rusty about whether or not he will help with the bond, but he hopes that they are able to raise the money. "I think that we will achieve our goal and we will have the necessary funds to post the bond in this case," Parnham said. It's not going to be done today. But the signs are looking very, very positive in that regard." Rusty Yates told reporters, "What we wanted for Andrea all along, you know, is for her to be in a mental hospital. I'm all in favor of her being given a bond so she can least be in a hospital a while before trial."

State prosecutors had asked the judge to set the bond at $1 million. "The reality is this is a case about five dead children," prosecutor Kaylynn Williford said outside the courthouse. Prosecutor Joe Owmby said that he is worried about what might happen if Yates left the state hospital. "Do I believe Andrea Yates is a threat to the public? Yes, she is the only person I have ever come in contact with who has killed five people," Owmby said.

Parnham said that if Yates tries to leave the hospital, officials there would notify him and he would pick her up himself and take her to the Harris County Sheriff’s Department.