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Friday, July 28, 2006
Mike Gallagher :: Townhall.com Columnist
Not guilty?
by Mike Gallagher
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I guess our enemy terrorists are just depressed people in dire need of medications.

Our judicial system needs help. The scales of justice are enormously tipped on the side of the bad guys. Since Andrea Yates and her attorneys were allowed to shop around for the jury they wanted, why can’t the prosecutors? If a multiple child-killer can keep going back to the well to come up with a verdict that pleases her (and keeps her out of jail), why can’t the state? Oh, that’s right: double jeopardy. We only give the judicial system one chance at a guilty verdict. The murderers get multiple chances, there’s no double jeopardy rule for a not guilty verdict.

I truly believe that there are many people who fail to believe that there is true evil in the world. In our lifetime, we have watched women drown their babies, whether their names are Susan Smith or Andrea Yates; we have heard people describe terrorists as “freedom fighters”; we watch people describe our president as a Nazi storm trooper; we continually see good described as bad, right defined as wrong.

Here’s a simple solution to the unnerving spectacle of a woman drowning her five children and getting away with it: let’s throw out “not guilty by reason of insanity.” No one doubts that Andrea Yates drowned her children, least of all Andrea Yates. But even crazy people have to take responsibility for their actions, at least when they’ve recovered. To suggest that someone is innocent because they hear voices, or fight depression, or suffer from panic attacks, is to pretend that the actual crime didn’t occur.

We desperately need a new verdict in America that is fair, accurate, and sensible: GUILTY BUT INSANE. Sure, sick people do sick things. If a jury is convinced someone is mentally ill, allow them to return a guilty but insane verdict. That way, the killer can get the treatment she needs and if and when she gets healthy again, she should serve her time behind bars, like everybody should do.

Anything short of that is the real definition of insanity.

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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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