Michael Welner and the Second Trial of Andrea Yates

Paper Summary:

The paper provides analysis of the role of expert witness testimony in the second trial of Andrea Yates, where she was declared not guilty by reason of insanity. The paper outlines the first trial, and then delves more extensively into the second trial, touching on the trial's contributors but concentrating mainly on forensic expert Michael Welner. The paper discusses Welner's talking points, including his assertion that Andrea was overwhelmed at the burdens of running a household and home-schooling her children, and his interpretation of her lack of emotion at the time of arrest. Welner's testimony was ultimately unconvincing to the jury. Seeking to provoke disgust, he only provoked sympathy for a woman who was criticized by a husband who provided her little assistance in taking care of the house and her five children. The paper concludes that finding Yates not guilty by reason of insanity seemed logical, given the testimony of both the prosecution and the defense's experts, despite Welner's best efforts.

From the Paper:

"State of mind is particularly important in Texas murder cases, as Texas law defines insanity as a state of mind, namely if the individual had the ability or the inability to know right from wrong at the moment of the action. "Both the defense and prosecution agreed Yates is mentally ill," but originally the prosecution convinced the jury that she was aware that what she was doing was wrong when she drowned the children (Yates' attorneys won't seek release, 2005, CNN.com). In such instances where mental state is an issue at trial, although Yates, like all American citizens possesses the right to be tried by a jury of her peers, invariably that jury is dependant upon deciding which expert witness appears the most credible, in testifying as to what the defendant's mental procedures were during the time the crime was committed. Expert credibility is equally, if not more important than the credibility of the witness."

Sample of Sources Used:

• Jury finds Andrea Yates not guilty by reason of insanity in retrial. (26 Jul 2006). ABC. Retrieved 30 Oct 2008 at http://abclocal.go.com/ktrk/story?section=news/local&id=4401721
• Texas Mom Drowns Kids. (2008). Court TV transcripts. Available 30 Oct 2008 at http://www.courttv.com/trials/yates/index.html
• Welner, Michael. (2006). PowerPoint. Testimony PowerPoint available at Nation Master on 30 Oct 2008 at http://www.nationmaster.com/encyclopedia/Andrea_Yates
• Yates trial highlights power of an expert witness. (2006). USA Today. Retrieved 30 Oct 2008at http://www.usatoday.com/news/nation/2006-06-20-expert-witnesses_x.htm
• Yates' attorneys won't seek release. (7 Jan 2008). CNN.com. Retrieved 30 Oct 2008http://www.cnn.com/2005/LAW/01/06/children.drowned/index.html

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