Andrea Yates

The highest criminal court in Texas has cleared the way for a retrial.

A lower-court ruling in January had thrown out the convictions because of erroneous testimony that prosecutors used to suggest that Yates had gotten the idea for the killings from an episode of the television show "Law & Order."

As many of you may know, she was found guilty in the deaths of 2 of her children; the guilty by reason of insanity plea went unfounded. The prosecuter in the case said Yates knew what she was doing when she drowned all 5 of her children and that it was wrong.

I'm not entirely sure that is the case, but I don't know everything that happened in her life prior to the psychotic break or what was discussed during the trial. But she did have a long history of being treated for depression as her husband readily admitted, including the consumption of anti-psychotic drugs.

They are hoping she won't be put on trial again, but are weary they will be able to reach a specific plea agreement since it appears Yates doesn't need a jail, but a psychiatric unit instead. Yate's husband, who divorced her shortly after she was convicted, agrees that she should be spared a second trial if at all possible. Easy for him to say isn't it?

If Yates goes to trial again, she could be found guilty by reason of insanity and this time without the influence of Park Dietz, who perjured himself on the stand the first go around.