Yates Murder Conviction Overturned

The world was appalled when the story broke of a Houston, Texas, woman, Andrea Yates drowning her five young children in the bathtub. She was convicted of capital murder in three of the five killings.

These convictions have now been overturned because of a prosecution witness, according to CBSNews.com. Didn't it send up alarm bells when this so-called expert said he consulted on an episode of "Law and Order" and used this episode when deciding whether Yates was insane? Evidently not. Textbooks are good references, sure. Even judges refer to legal textbooks. But a television drama? Regardless, the episode to which he referred seems never to have existed in the first place.

CNN.com has posted the relevant passages of the court transcript:

YATES LAWYER: "Now, you are, are you not, a consultant on the television program known as "Law & Order?"

DIETZ: "Two of them."

LAWYER: "OK. Did either one of those deal with postpartum depression or women's mental health?"

DIETZ: "As a matter of fact, there was a show of a woman with postpartum depression who drowned her children in the bathtub and was found insane and it was aired shortly before the crime occurred."

In closing arguments, one of Yates' lawyers referred to the Dietz testimony:

"Or maybe even we heard some evidence that she saw some show on TV and knew she could drown her children and get away with it."

In the same round of closing arguments, a prosecutor referred to the testimony:

"She watches `Law & Order' regularly, she sees this program. There is a way out. She tells that to Dr. Dietz. A way out."

The Texas Court of Appeals has ordered a new trial, so it's not like Yates has been released into the community. Not as far as I am aware anyway. This woman is mentally ill, and I hope she can start getting some help now that a new trial has been ordered.