Friday, January 21, 2005

 
Well it sure has been a while since I have been here…almost forgot my password…lol

Well I have been keeping myself busy. I decided to take 3 classes at the college this semester, figured I would give the school thing another try. Plus after working full time for so long, it is a nice break from the ordinary. I actually really enjoy hitting the books again; I have my first exam already coming up in less than a week. The courses are mainly centered on business and theory but I like the incorporation of group analysis and class room study. It has only been 2 weeks, so I guess we will see how it goes... lol in a few weeks I could be singing a different tune.

Well the little guy is doing quite well. We had a break through the last couple of days; he can finally go outside on his own. Before that you had to go out there with him, and this mainly consisted of “play time” instead of taking care of his “business”. The training overall is going excellent. He listens to sit, lay down and my favorite “where is your toy?” You should see his little pug face light up, and in a frantic dance he runs around, he must be think “ Cool play time, yahoo!!”…lol

It’s too bad the weather has been so crappy lately. This translates into less walking time with me and the dog. But there is hope they say that the weather is to improve this weekend. Keep your fingers crossed.

Cheers
Matt



Thursday, January 06, 2005

 
This really blows my mind....

Court overturns Yates convictions
False testimony cited in case of woman who drowned her kids
Thursday, January 6, 2005 Posted: 12:23 PM EST (1723 GMT)
(CNN) -- A Texas appeals court in Houston on Thursday ordered a new trial for Andrea Yates, the woman who confessed to drowning her five children in a bathtub, citing the false testimony of a prosecution witness.

During her March 2002 sentencing, a jury rejected Yates' insanity defense and she was convicted in the deaths of three of her five children. She was sentenced to life in prison. Her attorneys argued that she suffered from postpartum psychosis, and she had a well-documented history of postpartum depression.
The Texas First Court of Appeals ruled that the conviction should be reversed because an expert witness for the state, Dr. Park Dietz, presented false testimony when he said Yates may have been influenced by an episode of the "Law & Order" television program. No such episode had ever aired.
Yates, now 40, apparently was a fan of the show and watched regularly.
The doctor, who worked as consultant for the NBC program, testified during Yates' trial that there was an episode dealing with a woman suffering from postpartum depression who drowned her children in the bathtub and was ruled to be insane.
He suggested that Yates may have been inspired to kill her children because of the show. In its appeals, the defense said it contacted the producers of the show, who said such an episode was never shown. The appeals court ruling found that Dietz did not intentionally lie and the prosecution did not knowingly use false testimony. The court, however, ruling reversed "the trial court's judgment" and remanded the case for further proceedings, the ruling said. Yates' lawyers could ask that their client receive bail pending a new trial.
The prosecution may ask a higher court, the Texas Court of Criminal Appeals, to overturn the decision from the Texas 1st Court of Appeals.
On June 20, 2001, Yates confessed to police that she drowned her children in a bathtub because she had been a bad mother who hopelessly damaged them.
Eventually she was convicted for the drownings of her 6-month-old daughter Mary, and her sons Noah, 7, and John, 5. The charges did not include the deaths of her two other sons, Paul, 3, and Luke, 2.
The difference between a verdict of guilty and one of not guilty by reason of insanity in the Yates trial hinged on one key issue: whether Yates knew what she was doing when she drowned the children was wrong.
Both the defense and prosecution agreed Yates is mentally ill, but prosecutors convinced the jury that she was aware that what she was doing was wrong.
Under Texas law, defendants can be declared not guilty by reason of insanity only if it is determined they did not know right from wrong at the time of the crime.
The case stirred new debate over the legal standard for mental illness and whether postpartum depression is properly recognized. Women's groups had harshly criticized prosecutors for pushing for the death penalty.
During her trial, the defense called an expert on postpartum depression in an attempt to show that Yates posed no danger to society.
Yates' husband Russell Yates accused the court system of victimizing his wife after the medical community had mistreated her by not recognizing how sick she was and not giving her proper treatment.

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