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STATE OF TEXAS v. ANDREA YATES Exhibits to the testimony of Park Dietz, MD, PhD
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RETENTION
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Relevant Expertise Homicide Drowning Forensic psychiatry Evaluation of criminal responsibility
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When? Contacted July 6, 2001 (16 days after homicides) Requested all records and examination ASAP Notified September 26, 2001, that court had signed order authorizing examination
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SOURCES OF INFORMATION
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Interviews Mrs. Andrea Yates, 11/6/01 and 11/7/01 (videotaped and audiotaped) Melissa Ferguson, M.D., 11/6/01 Debra M. Osterman, M.D., 11/7/01 Mr. Russell Yates: requested but refused Mrs. Dora Yates: requested but refused Mr. and Mrs. Robert Holmes, 11/8/01
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Videotaped Interviews by Others Videotape of interview of Russell Yates, 6/21/02, Channel 13 Videotape of a portion of the examination by Phillip Resnick, M.D., 7/14/01 Videotape of a portion of the examination by Lucy J. Puryear, M.D., 7/27/01 Videotape of a portion of the examination by Lucy J. Puryear, M.D., 8/10/01 Cont.
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Videotaped Interviews by Others (cont.) Videotape of the examination by Phillip Resnick, M.D., 11/3/01 Videotape of excerpts of an interview of Russell Yates, undated, broadcast on 60 Minutes, 12/9/01 Videotape of the examination by Lucy J. Puryear, M.D., 2/4/02
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Testimony Under Oath Grand Jury testimony of Mohammad A. Saeed, M.D., 6/25/01 Testimony of Phillip J. Resnick, M.D., 3/1/02 (afternoon) Testimony of Lucy J. Puryear, M.D., 3/6/02 (afternoon)
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Educational Records re. Defendant Transcript from Houston Independent School District Milby High School Yearbook, 1982 University of Houston records University of Texas Health Science Center at Houston records
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Employment Records re. Defendant Employment records, M.D. Anderson Hospital and Tumor Institute
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Social Service Records re. Defendant Harris County Child Protective Services records re. Andrea Yates
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Medical Records re. Defendant Ben Taub Hospital Emergency Room records, 6/17/99 Methodist Hospital records, 6/18/99 – 6/24/99 James P. Thompson, Ph.D., records Starbranch Psychiatry Associates records, 7/1/99 – 4/3/01 Spring Shadows Glen Hospital records, 7/21/99- 8/10/99 Cont.
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Medical Records re. Defendant (cont.) Samaritan Center for Counseling and Education records, 8/26/99-2/24/00 Earline Willcott, LMSW, records, 5/16/00 – 03/06/00 Devereux Texas Treatment Network records, 3/31/01–4/12/01 Devereux Texas Treatment Network records, 5/04/01–5/22/01 Cont.
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Medical Records re. Defendant (cont.) Mohammad A. Saeed, M.D., records, 4/19/01 – 6/21/01 Harris County Jail medical records, 6/20/01 – 12/19/01
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Investigative Reports Complete Houston Police Department investigative file Tape of 911 call by Andrea Yates Police crime scene photos Crime scene videotape
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Medical Examiner’s Office Investigation Medical Examiner’s Office crime scene photos Autopsy report re. Mary Deborah Yates, age 6 months, by Patricia J. Moore, D.O. Autopsy photographs of Mary Deborah Yates Autopsy report re. Luke David Yates, age 2, by Harminder S. Narula, M.D. Autopsy photographs of Luke David Yates Cont.
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Medical Examiner’s Office Investigation (cont.) Autopsy report re. Paul Abraham Yates, age 3, by Harminder S. Narula, M.D. Autopsy photographs of Paul Abraham Yates Autopsy report re. John Samuel Yates, age 5, by Patricia J. Moore, D.O. Autopsy photographs of John Samuel Yates Autopsy report re. Noah Jack Yates, age 7, by Harminder S. Narula, M.D. Autopsy photographs of Noah Jack Yates
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Statements Statement of Andrea Yates, 6/20/01 (tape and transcript) Statement of Russell Edison Yates, 6/20/01 (tape and transcript) Statement of Dora Yates, 6/20/01 (tape and transcript)
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Forensic Evaluation Records re. Defendant Report by Steven Rosenblatt, M.D., 6/25/01 Report by George M. Ringholz, Ph.D., M.D., undated Unsigned report by Phillip J. Resnick, M.D., 02/27/02
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Legal Documents Texas Penal Code, Section 8.01 re. Insanity Notice of Intent to Offer Evidence of the Insanity Defense, 7/30/01 Various Motions
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Miscellaneous Documents March – June 2001 Chronology prepared by Debbie Holmes The Perilous Times, Series: 2000-1J
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FINDINGS
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Differential Diagnosis Major Depression with Psychotic Features Schizophrenia Schizoaffective Disorder Any of these is a severe mental disease
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Contextual Factors: 1999 Living in a bus with her husband, a newborn, and three other children Began home schooling Feeling depressed and overwhelmed, she asked her husband for help, but got medical attention only upon taking an overdose (June) Treated at Ben Taub, admitted to Methodist Hospital (June) Cont.
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Contextual Factors: 1999 (cont.) Flushed Zyprexa (July) Threatened to cut herself with a knife (July) Admitted to Spring Shadows Glen Hospital (July-August) ECT recommended by Drs. Thompson and Rios; Mr. and Mrs. Yates refused (August) Moved into a house (August) Cont.
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Contextual Factors: 1999 (cont.) Against medical advice, secretly went off all medication (November)
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Contextual Factors: 2000 Against medical advice, became pregnant (February) Against medical advice, failed to take medication during pregnancy Had 5th child, Mary (November) Against medical advice, failed to take medication postpartum Continued to home school
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Contextual Factors: 2001 Her father fell (January) and declined until his death (March) Admitted to Devereux (March) Filled bathtub with water (May) Admitted to Devereux (May) Dr. Saeed recommended ECT; Mr. and Mrs. Yates refused (May) Cont.
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Contextual Factors: 2001 (cont.) Dr. Saeed told Mr. Yates that someone must be with his wife (April) Denied delusions or hallucinations countless times when asked by MDs Two delusions (cameras and television) known only to Mr. and Mrs. Yates, were kept secret from all doctors (August 1999-June 2001)
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Contextual Factors: 2001 (cont.) Mrs. Yates was left alone with the children
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Knowledge of Wrongfulness
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Pre-Homicide Phase Believed Satan put the thought in her mind to drown the children and encouraged her to do so Concealed from everyone her thoughts of harming the children and her plan to drown the children Waited for an opportunity when no one was home so that she would not be stopped from drowning the children Cont.
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Pre-Homicide Phase (cont.) Believed that killing the children would be sinful and would be the last of the Seven Deadly Sins for her to commit Believed she was not raising the children properly, did not pay enough attention to them, and that they might get in trouble
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Pre-Homicide Phase (cont.) ? May have believed the children were being tormented by Satan or going to hell, but didn’t try nonlethal ways of protecting them and never mentioned this until the day after the homicides ? May have believed Satan was in her, but did not seek help for this problem
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Homicide Phase Knew she would be arrested and put in jail Knew what she was doing was illegal Knew society would judge her actions as “bad” Knew God would judge her actions as “bad” Knew it was wrong to kill the children (Michael Stephens, Dr. Rosenblatt) Cont.
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Homicide Phase (cont.) ? May have covered each body between homicides to conceal the previous homicides from the surviving children ? May have believed she was saving the children from torment or hell, but did not try to comfort them during the homicides ? May have believed Satan was in her or that she was Satan
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Post-Homicide Phase Covered the faces of all the bodies in the bed, indicating guilt and shame Called 911 and asked for the police because “that’s who you call... when you’ve done something wrong,” and she thought she had done something wrong Told Sgt. Mehl she wanted to be punished and was prepared to go to hell for what she had done Cont.
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Post-Homicide Phase (cont.) Told Sgt. Mehl she wanted to be punished by the criminal justice system for what she had done and asked when her trial would be At some point believed her execution would kill Satan, but she first mentioned this on 6/21/01
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Opinions
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At the Time of Drowning Each Child: Mrs. Yates knew that her actions were wrong in the eyes of the law Mrs. Yates knew that her actions were wrong in the eyes of society Mrs. Yates knew that her actions were wrong in the eyes of God
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At the Time of Drowning Each Child: ? Mrs. Yates may have believed that the killings were in the best interests of the children and that the ends (saving the children) justified the means (wrongly and illegally killing them)
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