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Judy G. Russell
July 26th, 2006, 12:35 PM
The verdict in the Andrea Yates case is in and finally, finally, there is evidence of reason in Texas. The jury found her not guilty by reason of insanity in the drowning deaths of her children (meaning that she will be put away in a mental hospital for many many years to come instead of being put away in a prison for many many years to come).

If ever there was a case that screamed out for an NGI verdict, it was this one. Her history overwhelmingly showed that she was medically insane; the only issue really was the vastly skewed Texas legal standard for insanity. In Texas, as long as the person "knows" that what she is doing is "wrong," then she's not insane. She may be in the throes of a psychosis so deep that she cannot, literally can not, conform her conduct to the norms, but she's still sane under Texas law.

This jury, fortunately, knew better. (And, btw, they were not told that a not guilty verdict would mean she would be institutionalized.)

A terrible tragedy, but one that the legal system was desperately trying to make worse.

ndebord
July 26th, 2006, 07:24 PM
Judy,

Reason is a fleeting thing in the state best known for popularizing loco weed.

Good to see they finally saw the light with this poor woman. But the jury is still out on their longterm return to sanity and reason.

Judy G. Russell
July 26th, 2006, 08:54 PM
I don't think they're even close to a longterm return to sanity and reason (assuming they ever were sane and reasonable -- keep in mind that I am descended from, let's see here, three generations of Texans, and I never saw any evidence of sanity or reason!).

Lindsey
July 26th, 2006, 10:22 PM
The jury found her not guilty by reason of insanity in the drowning deaths of her children
Thank God. I always thought that original verdict was a terrible miscarriage of justice.

--Lindsey

Judy G. Russell
July 27th, 2006, 12:07 AM
Thank God. I always thought that original verdict was a terrible miscarriage of justice.The problem with Texas law is two-fold. First, the definition of insanity itself is really very very stringent. Even the state's doctors repeatedly testified that she was clearly medically insane, but the legal definition didn't match the medical definition. Then under Texas law the jury isn't told what will happen if they find a defendant not guilty by reason of insanity. Some may believe -- wrongly -- that such a defendant would immediately go free.

Lindsey
July 28th, 2006, 11:05 PM
In other words, the deck is very much stacked against the defendant.

No surprise, I guess, that Bush, as a former Texas governor, wanted to set up military tribunals where the procedures were also stacked against the defendant...

--Lindsey

Judy G. Russell
July 29th, 2006, 01:51 PM
In other words, the deck is very much stacked against the defendant.No surprise, there, with the way Texas seems determined to kill as many people as possible.

No surprise, I guess, that Bush, as a former Texas governor, wanted to set up military tribunals where the procedures were also stacked against the defendant...Exactly: he's just a good-ol'-boy in this.

Lindsey
July 30th, 2006, 12:18 AM
Exactly: he's just a good-ol'-boy in this.
It's an Alice-In-Wonderland world. :(

Hmmmm, this is, in fact, exactly what Lewis Carroll had in mind (http://baheyeldin.com/literature/symbolism-in-lewis-carrolls-knave-trial-queen-of-hearts.html) with the trial of the Knave of Hearts in "Alice in Wonderland. Makes you wonder if he had some sort of future vision of GWOT.

--Lindsey

lensue
July 30th, 2006, 06:05 AM
>as a former Texas governor<

Lindsey, I wonder how this independent running for Texas governor feels on the subject:

A Very Kinky Campaign
An unpopular incumbent. A lackluster field. Could Kinky Friedman sneak into the Texas statehouse?

http://www.msnbc.msn.com/id/13879348/site/newsweek/

Regards, Len [g]

Lindsey
July 30th, 2006, 10:06 PM
An unpopular incumbent. A lackluster field. Could Kinky Friedman sneak into the Texas statehouse?
In a state with a town that had a decades-long tradition of electing a goat (an actual goat, not a figurative one) for mayor, anything is possible.

--Lindsey

lensue
July 31st, 2006, 06:53 AM
>a decades-long tradition of electing a goat <

Lindsey, I hadn't heard about that but found an article that ends: "it's uncertain what Clay Henry III's future holds. In an election year, with the rumor of Clyde the Dog's interest in office, there's the possibility of another brutal battle, though this time Clay Henry III has a little less to lose." See http://www.karlschatz.com/yearofthegoat/archives/000089.shtml including some pictures.

That's the best goat story I've heard since Chicago Cub Curse of the Billy Goat tale!

http://en.wikipedia.org/wiki/Curse_of_the_Billy_Goat Regards, Len [g]

Judy G. Russell
July 31st, 2006, 02:21 PM
Hmmm... "those who voice opposition and tell the truth [are] to be the ones who are to be punished"... yup, sounds familiar!

Lindsey
July 31st, 2006, 07:35 PM
it's uncertain what Clay Henry III's future holds
Yup, yup, that's the one I was thinking of -- Clay Henry the beer-drinking goat. Molly Ivins had a column a few years back about him and relating that whole castration incident. It was roll-on-the-floor funny. I don't know if there is a copy of that available in an online archive anywhere, but I'll have to see if I can find one.

--Lindsey

lensue
July 31st, 2006, 07:53 PM
>relating that whole castration incident<

Lindsey, interesting--you know Sue and I are big opera lovers and the castrato is very important there--the Met and the NYCO have brought back many operas where originally a castrato was supposed to sing in the opera--well that won't happen in this age! [g]

"Mostly neglected through the 19th and early 20th Century, the Opera Seria works of composers like Handel are becoming increasingly popular. A problem arises when considering any role originally sung by a castrato. It can be sung by a woman, but this may give a jarring effect for the audience, if the appearance of the hero and the timbre of the voice are obviously female. The part can be transposed down for a tenor or bass, but that changes the balance of the music and is anathema to musical purists. Finally, the parts can be sung by counter-tenors. A counter-tenor is a man with a normal voice who sings soprano or alto in falsetto. A revival of counter-tenor singing has produced singers like Jochen Kowalski and Andreas Scholl whose voices have the power and emotion to present the castrato roles successfully on the operatic stage. "

So I wonder if someday will see that goat starring at the Met! Regards, Len [g]

Lindsey
August 1st, 2006, 12:13 AM
So I wonder if someday will see that goat starring at the Met!
If the audience thought a woman singing those roles was jarring . . .

--Lindsey

Lindsey
August 1st, 2006, 12:29 AM
I don't know if there is a copy of that available in an online archive anywhere, but I'll have to see if I can find one.
And as it happens: http://www.workingforchange.com/article.cfm?ItemID=13192

This account is pretty good, too: http://archive.thenorthernecho.co.uk/2002/8/11/124983.html

--Lindsey