HOUSTON -- Nearly a month into jury selection, attorneys in the case of a Houston mother accused of drowning her five children last summer settled on the 12th juror Monday to hear the capital murder case.

The 12th juror, a woman, joined seven other women and four men who will decide the fate of Andrea Yates, who faces two capital murder charges for the drowning deaths of three of her five children.

"It can either be that there is something wrong with her or that she is a really bad person," the woman who became the 12th juror, said of Yates during questioning Monday. "I don't know what the problem is."

Two alternates still must be selected and a new panel of 60 potential jurors was undergoing questioning Monday afternoon from State District Judge Belinda Hill.

Seven of the jurors selected indicated they had children of their own, including one of two women who said they had psychology degrees.

Testimony is expected to begin in mid-February.

Jurors first will be presented evidence to help them determine if Yates is guilty of the charges she faces. Then they'll hear from the defense, which contends she should be found innocent by reason of insanity because a severe mental disease or defect meant she didn't know that her conduct was wrong.

If jurors determine Yates did not know the difference between right and wrong because of mental illness, Texas law says she must be found innocent by reason of insanity.

But if they decide Yates did know right from wrong at the time of her crime despite a mental illness, Texas law says she should be found guilty.

If convicted, the same jury must decide if Yates receives life in prison or the death penalty.

Jurors also have a third option to acquit her of the charges.

Yates, 37, was arrested June 20, 2001, after police said she called them to the family's southeast Houston home and admitted drowning her children in a bathtub.

Yates faces one charge of capital murder for the deaths of Noah, 7, and John, 5, and a second charge for Mary, 6 months. In Texas, those convicted of a multiple murder or killing an infant are eligible for the death penalty.

Charges are pending for the drownings of the other two Yates children, Paul, 3, and Luke, 2.