Last Updated on February 27, 2026
Andrea Yates killed her five children by drowning them in the bathtub on 20th June 2001.
She was originally found guilty of capital murder and sentenced to life in prison.
Yates was granted a retrial upon appeal and found not guilty by reason of insanity.
The case is covered in great detail in Are You There Alone?: The Unspeakable Crime of Andrea Yates (AD*)
Crime
Andrea Yates drowned all five of her children on the morning of 20th June 2001.
She was under the care of a psychiatrist due to a history of postpartum psychosis, depression, and suicide attempts.
He advised Andrea Yates’ husband, Russell Yates, also known as Rusty Yates, not to leave her alone with the children.
He had left for work with his mother due to arrive an hour later to help the Yates family.
But by the time she arrived, the children were dead.
Andrea Yates locked up the family dog outside, locked the doors of the house, and drowned her children.
She first drowned three of the boys, Luke, Paul, and John, one by one, and laid them in her bed.
After this, she drowned her daughter, Mary, and son Noah after he saw Mary floating in the bathtub.
Andrea placed Mary in John’s arms in the bed.
The day of the drownings and the lead-up to it are covered in more detail in Breaking Point (AD*)
Confession
Andrea Yates confessed to the kids’ drowning when she phoned the police to come to the house.
During her call to the police, she kept repeating the words “It’s time” down the phone.
When police arrived at Andrea Yates’ home, they found the bodies of the children in bed.
Andrea also called Russell Yates, telling him to come home.
When asked if anyone was hurt, she said all of the kids were.
She told the police on arrival that she was responsible for the Yates children’s murders.
Later, she told forensic Psychiatrist Michael Welner that she had waited for husband Rusty Yates to leave the home.
This was because she knew that he would have stopped her had he been home.
Trial
During the Andrea Yates trial, the prosecution relied on the testimony of forensic psychiatrist Park Dietz.
He told the court that Andrea knew right from wrong in the Yates murders.
He claimed that a similar crime had occurred on a television show about a woman who had drowned her kids.
Witnesses in the Andrea Yates case also testified that she watched this show.
Prosecutors said in their closing that she would attempt to get away with the same crime as shown on the episode.
The defence pursued the defence of insanity as Andrea was under the care of a psychiatrist at the time of the children’s deaths.
Her own testimony included a number of claims that she was protecting the children from her evil.
They also claimed she was delusional and irrational due to postpartum depression.
Andrea Yates was found guilty of the capital murder of three of her children – Mary, John, and Noah.
However, she was not tried for the deaths of Luke and Paul.
The error in Dietz’s testimony about the television show was discovered, and the jury was made aware in sentencing.
This led them to reject the death penalty and to sentence her to life in prison with a minimum of 40 years before being eligible for parole.
Despite the false testimony, the judge refused to declare a mistrial.
Appeal
Upon appeal in 2005, Andrea Yates’ murder conviction was overturned, and a new trial was ordered.
The court dismissed all but one of the 19 grounds of appeal that were submitted by Andrea’s counsel.
The successful appeal was due to testimony from a prosecution psychiatrist.
He had claimed that Yates had got the idea to kill her children from an episode of a television show that she watched.
This episode, however, did not exist, and jurors were not made aware of this until she had been found guilty of the crime.
The prosecution offered Andrea a plea deal in which she would serve 35 years in prison, which she refused.
Retrial
During her retrial, Andrea Yates was found not guilty by reason of insanity on 26th July 2006.
The jury believed that she did not realise what she was doing was wrong due to her mental illness.
She was sentenced instead to treatment in a psychiatric hospital.
The district attorney planned to appeal the result of the retrial.
They believed that Dietz’s false testimony wasn’t intentional or material to the ruling.
They claimed that they had other evidence of Yate’s intent to kill her children.
Her defense counsel, George Parnham, did not ask the court to consider releasing Andrea.
They believed that the best place for her was within a psychiatric unit, and she was not ready for life in the public.
She was transferred to the Kerrville State Hospital shortly after the trial.
During the course of the trial, George grew close to Andrea and still talks and visits her.
Release
Andrea Yates now has no set release date; her hospital term is to be reviewed periodically by doctors.
In 2011, her attorney was hopeful that her release would be recommended by doctors, as she had shown vast improvement following treatment.
She was not recommended for release at this time and has also waived her right to review for release.
Andrea Yates is now unlikely to be released.
In 2012, Andrea requested to be able to leave the hospital to attend church services, but this request was declined.
A similar request in 2014 to be allowed to go on group outings was declined, but both were declined after the media became aware and public criticism.
Andrea Yates today remains in Kerrville State Hospital, and it is unknown when she will be released.
Media
Rusty Yates appeared on Oprah, where he told her that filing for divorce from Andrea in 2004 was a difficult decision to make.
He also told her that he does not blame his wife because she was mentally ill.
Rusty has forgiven her for killing their children.
He later remarried and has a son with his new wife.
Rusty Yates now remains friends with Andrea.
The Andrea Yates documentary A Mother’s Madness: Andrea Yates was released in 2002.
Yates Children Memorial Fund
The charitable fund was set up by George Parnham and his wife, Mary, in 2002.
The trust intended to raise awareness of postpartum psychosis, to help those suffering from it, and to educate health professionals on the symptoms.
Since the trust was established, thousands of medical professionals have received training on the symptoms of postpartum psychosis and depression.
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*True Crime books or documentaries are available to purchase for further reading.
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