Husband of suspected child killer speaks to news media despite gag order

By The Associated Press

12.10.01

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HOUSTON — Russell Yates, whose wife is accused of drowning their five children in a bathtub, doesn't believe he violated a gag order by speaking about her medical condition on national TV.

Yates spoke in detail about Andrea Yates' severe depression during an interview with "60 Minutes" that aired last night on CBS.

But Russell Yates told the Houston Chronicle in today's editions that he had a legal opinion that cleared the way for him to publicly speak about his children and treatment of his wife in the months before the children were killed.

"I respect the court's order, and I tried to follow it," Yates said. "Otherwise, I would have said more."

Harris County District Attorney Chuck Rosenthal also appeared on the show and discussed why he thought seeking the death penalty is appropriate for Andrea Yates.

Both Russell Yates and Rosenthal could face up to six months in jail and up to a $500 fine for contempt of court by granting the interviews.

State District Judge Belinda Hill imposed the gag order on June 26, forbidding witnesses from talking to the news media. Andrea Yates has been charged with capital murder in the June 20 deaths of three of the five children.

On the program, Yates said he blamed doctors and hospitals for not properly treating his wife.

"I don't blame her a bit," Yates said. "If she received the medical treatment that she deserved, then the kids would be alive and well. And Andrea would be well on her way to recovery."

Andrea Yates had been treated off and on for depression and two suicide attempts after the birth of her fourth child. After the birth of their fifth child, her condition seemed to worsen, her husband said.

Jury selection in Yates' trial is scheduled to begin Jan. 7. Yates has pleaded innocent by reason of insanity. If convicted, she could be sentenced to death.

Update

No charges to be filed in Andrea Yates gag order probe
Special prosecutor says justice wouldn't 'be served by going after folks that probably should have kept their mouths shut but nonetheless would have a valid First Amendment defense.'  04.05.02

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Texas appeals panel won't lift gag order in trial of mom charged with killing kids
Houston Chronicle lawyer William Ogden calls opinion ‘an Iron Curtain view of newsgathering rights.’  08.03.01