Graphic photos of drowned children admitted as evidence in Houston trial

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Posted 8:52AM on Thursday, February 21, 2002

HOUSTON - More than two dozen photographs of five drowned children, including a 7-year-old floating face down in a bathtub, have been admitted as evidence in the capital murder trial of their mother, Andrea Yates. Prosecutors planned to show the graphic pictures to jurors Thursday, a day after they haggled with defense attorneys over which of 39 photos should be admitted. State District Judge Belinda Hill on Wednesday admitted 29 of the pictures, including close-ups of the children's faces and bruises. One photo shows the lifeless bodies of the four youngest victims on a bed. Hill also admitted into evidence a videotape, made by police after the murders, of the Houston house where the children drowned. Yates, 37, has pleaded innocent by reason of insanity. Her lawyers say she suffers from postpartum depression. If convicted, Yates could face the death penalty in connection with the June 20 drownings of Noah, 7, John, 5, Paul, 3, Luke, 2, and 6-month-old Mary. Hill abruptly recessed the trial for the day ahead of schedule Wednesday, citing an emergency unrelated to the case. Jurors heard just 45 minutes of testimony that day. Houston police crime scene unit officer Glenn West testified that he found one of Luke's socks in the soggy hallway between the back bedroom and the bathroom, where Noah was floating in the murky water. "As I stepped out of the living room into the hallway, there was a water trail all the way from the bathroom back into the bedroom," West testified. At issue during the expected three-week trial is whether Yates suffered from a severe mental disease and knew the difference between right and wrong at the time of the drownings. If Yates is found innocent by reason of insanity, a hearing will be held where she will either be released or involuntarily committed. If jurors convict her, they must determine whether she should be given a life sentence or put to death. It's unclear whether Yates would be in the courtroom Thursday when the crime scene photos were to be displayed. Prosecutor Kaylynn Williford said the court might consider whether the defendant should be present if the issue is raised by defense attorneys. Yates is taking powerful anti-psychotic drugs during her trial, defense attorneys have said.