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Friday, July 28, 2006
Mike Gallagher :: Townhall.com Columnist
Not guilty?
by Mike Gallagher
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Our judicial system is broken. And somebody needs to fix it.

Consider for a moment a process that would allow a crafty, shrewd, smart defense attorney to find a way to eliminate a guilty verdict for a client who brutally and systematically murdered her five children. Then, he managed to take the open and shut case back to another jury and get the verdict that she wanted in the first place, not guilty by reason of insanity.

That’s precisely what happened in the awful tale of Andrea Yates.

Mental illness is not something we should ignore. I have heard countless stories of people anguished by a family member’s psychosis or some demon that keeps a loved one from functioning normally.

But to mount an insanity defense and ask for a jury of men and women to return a judgment of “not guilty” is asking way too much.

Why does our system have such a gross miscarriage of a verdict? “Not guilty by reason of insanity?” So now, officially and formally, Andrea Yates did not drown her five children, is that it? A few years of treatment in a mental hospital and then presto! She’s all better now, free to be released into an unsuspecting public. Perhaps she can change her name, start a new life, and maybe even re-marry.

It sickens me to think of those five beautiful little children lying in their graves. What’s even worse is to think about their desperate, horrific fight to stay alive. The medical examiner testified that this wasn’t a quick, painless death for those children. They fought hard. Noah, the oldest at 7, was found in the death tub with his tiny fists clenched, numerous bruises and internal contusions in his battered body. The 5 year old, John, still had a strand of Mama’s long, dark hair in his tiny hand.

And a Houston jury decided that this woman, a mother who waited until her husband left for work, filled up the tub and chased her children and drowned them, one by one, simply didn’t do it. She was just having a bad spell, a psychotic day. She didn’t know what she was doing. She figured she was demon possessed. Maybe she thought she was Marie Antoinette.

So she’s NOT GUILTY.

I hope and pray that if we ever catch Osama Bin Laden, he doesn’t hire George Parnham, Andrea Yates’ attorney. After all, how crazy must he be, to think that slaughtering people who love Christ is the way to meet the 70 virgins in heaven? How nuts is someone who straps bombs to his body and blows up himself and a bunch of children in a pizza parlor? Continued...

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About The Author

Mike Gallagher is a nationally syndicated radio host, Fox News Channel contributor and guest host and author of Surrounded by Idiots: Fighting Liberal Lunacy in America.

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My take...
...is that Andrea did have serious issues with mental illness, and that Rusty is one of those people who manipulate others by holding plums in front of them, then jerking them away with a sad tsk tsk that the other's work just doesn't quite measure up.

This does not excuse what Andrea did. What may have happened is that Rusty used the children as tools to keep Andrea under his thumb, and Andrea killed them to get out from under his thumb. Call it a power struggle between Andrea and Rusty, with the children as the victims because they were not seen as people by either parent, only as chains (Andrea) or tools of control (Rusty).

So Andrea gets the punishment, and Rusty gets to go on ruining every other life he touches.

In a world ruled by the Golden Rule, both would be brought to arbitration, to explain--or not--why they did what they did and stand under the sword should they choose not to be reconciled with each other, the children they so abused, and all the rest of us for whom this is a travesty of justice.

Too bad we don't see jurisprudence as a matter of dispute resolution backed by execution for refusing to be reconciled with all those one has harmed as a result of ones own choice to walk on the dark side of the Golden Rule.

This is one of the issues I'm exploring in the novel I'm currently working on, called "The Gordian Knot." I will be very interested to see how the avatars of Andrea and Rusty choose to resolve their dispute--but I haven't gotten that far yet.

Check my blog from time to time for progress reports and notification when the novel is available for download.

In response to Lydia
"It is absurd to blame this on fundamentalism. She is genuinely insane and the husband was genuinely clueless about it."

In order to be insane, one must not know the difference between right and wrong. Andrea Yates clearly knew the difference. Otherwise, she wouldn't have called the police; and she wouldn't have called her husband. She also stated that she had planned the murders prior to the murders taking place and that she waited because "others were in the house" and "they would have stopped her."

Rusty Yates was also well aware of her problems and had been instructed not to leave her alone with the children. To deny his culpability in the matter is unbelievable.

"If something prevents a mother from coping with her children it is up to others (family/community) to intervene. The failure of this to happen is the point where the tragedy begins for Andrea Yates's children."

This is where you are correct on one hand and incorrect on the other. You stated that Rusty Yates was clueless, but the fact is that he wasn't. He knew very well about his wife's problems and failed to intervene. This is how he remains culpable for what happened.

"It is a horrible tragedy that even a heathen could be, and probably has been, guilty of. Let's put on our thinking caps. Shall we?"

I'd hardly call anyone who heartlessly murders their own children a good Christian.
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