Associated Press
HOUSTON — A judge ruled Tuesday that a woman’s confession to police that she drowned her five children can be considered by a jury when her case goes to trial.
Andrea Yates’ defense attorneys had spent two days arguing her confession should not be allowed as evidence. They said she "lacked the prerequisite mental capacity" to understand or waive her constitutional rights when she admitted drowning her four sons and infant daughter.
District Judge Belinda Hill also rejected a motion from defense attorney George Parnham asking that the death penalty not be considered if Yates is convicted. The judge also ruled that a 911 call Yates made after the killings could be used as evidence.
During testimony at Tuesday’s pretrial hearing, Yates’ husband, Russell, testified he asked his wife’s psychiatrist to resume anti-psychotic medication two days before the June 20 drownings. He said the psychiatrist refused, saying it was a bad medication.
Andrea Yates, who has a history of postpartum depression, had been released from a mental health treatment center in May.
Houston police Officer Frank Stumpo, who was the second officer to arrive at the family’s home after the drownings, testified Yates had offered the confession without hesitation.
"She looked me directly in my eyes and said, ‘I know what I’ve done,’ " he said.
The murder trial is scheduled to start Jan. 7.
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