Talk Radio & Andrea Yates

Steve Blow
Yates is due nothing but the truth

10:52 PM CST on Thursday, January 6, 2005



The Andrea Yates story broke Thursday morning just about the time I was heading to the office.

As you know, an appeals court overturned her murder conviction in the drowning of her five children.

Well, the timing meant that my drive to work was accompanied by the instant rant of radio talk-show hosts. And I mean this was like pound dogs on a fresh bone.

Oh, the growling and snarling that did ensue.

"Idiocy!" proclaimed KRLD's overwrought Mike Gallagher.

In what sounded like a spray of spittle, he compared Mrs. Yates to Susan Smith, the North Carolina mother who drowned her two kids in a phony car accident so she could hook up with a new guy.

And over on WBAP, well, you just had to hear it to believe it. I'm referring to Mark Davis' impression of a "truly" mentally ill person.
Also Online

Yates still in prison, under treatment

Doctor knew testimony was flawed

Advocates, experts favor Yates ruling

'Law & Order' creator declines comment

Steve Blow: Yates deserves the truth

Opinion: False witness rightly cancels Yates conviction

Read the court ruling (From the First Court of Appeals official Web site)

12/13/04 video: Yates' attorney launches appeal

You Had Your Say: Comments on the Andrea Yates ruling


Not someone a little bit disturbed like Mrs. Yates, mind you.

He was trying to demonstrate just how babbling, bonkers, bark-at-the-moon crazy a woman would have to be before he would absolve her of killing her children.

He sure got my vote for temporary on-air insanity.

But I was struck by how completely off the point all these radio dramatics were.

Now, I didn't sit in my car all morning to listen to the rest of these talk shows. Maybe sooner or later they actually got around to discussing the real issue in Thursday's court ruling.

This wasn't about finding the line between evil and insane. This wasn't about postpartum depression or killing babies. This was about falsehood.

Just a plain old lie, some might say.

In fact, let's try to forget all about Mrs. Yates and her horrible deed for a moment. Instead, imagine that you have been hauled into court and accused of a crime. Any crime.

The real question is: How much false testimony should be allowed against you?

A little bit? A lot? None at all?

I hope the radio talk shows eventually got around to that question. It's a good one.

And I think the appeals court was exactly right in saying that too much false testimony was used against Mrs. Yates – and that she deserves a new trial because of it.

Prosecution psychiatrist Park Dietz testified during the trial that he was a consultant to the television program Law & Order. And he told jurors that shortly before the Yates children were killed, Law & Order featured an episode about a woman with postpartum depression who drowned her children and was found not guilty by reason of insanity.

In fact, there never was such an episode.

Oops, just an honest mistake, the doctor said later, after jurors had convicted Mrs. Yates.

Now, if Dr. Dietz had merely mentioned his TV consultant work and a postpartum episode in passing, that would be one thing. If he had briefly discussed it as part of his professional background, for example, then Thursday's ruling would be far-fetched.

But his testimony was used to very specifically plant the idea with jurors that Mrs. Yates could have gotten her murder plan from the program. Other testimony brought out that she watched Law & Order .

And in his closing argument to jurors, a prosecutor again mentioned the nonexistent episode, implying that Mrs. Yates saw it as a way to get out of her marriage.

There is certainly plenty to discuss on the controversial topics of insanity defenses and mothers killing children. That's good talk-show fodder for another day. But it shouldn't distract us from the issue before the court.

How much false testimony is OK?

I don't know about you, but I'd want to face only the truth and nothing but the truth.

Of course, the radio talk shows used this court ruling to talk again about what a terrible mess our courts and our nation are in.

Talk like that sure comes easy.

With a little deeper reflection, we ought to be celebrating again the wonderful protections built into our justice system.

For me, for you, for Andrea Yates.

E-mail sblow@dallasnews.com
source: http://www.dallasnews.com/sharedcontent/dws/dn/localnews/columnists/sblow/stories/010705dnmetblow.6f1f7.html