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Texas Mother Indicted In 5 Kids' Deaths

Arraignment Scheduled For August 8

A Harris County grand jury handed down two indictments of capital murder against Andrea Yates Monday afternoon.

Yates is accused of drowning her five children in June.

After the indictments were handed down, Yates' attorneys filed paperwork on her behalf that indicated they will use the insanity defense.

Yates called police to her home around 10 a.m. June 20 on Beachcomber Lane in Clear Lake, Texas.

According to police, she answered the door and admitted to drowning her five children: Mary Yates, 6 months; Luke Yates, 2; Paul Yates, 3; John Yates, 5; and Noah Yates, 7.

Four of the children were found on the master bedroom bed covered by a sheet, and another body was found in the bathtub.

Two separate capital murder indictments were returned against Yates: one specifically for the murders of John and Noah, and the second one accuses Yates of drowning Mary.

Her attorney said that she is not fit to stand trial and that postpartum depression led her to kill her children.

According to the motion filed Monday, Yates' attorneys have received opinions from two different psychatrists who state that "at the time of the offense, Andrea Yates was mentally insane" as defined in the Texas Penal Code.

A court-appointed expert is performing a competency test on Yates. The results could be used by prosecutors in deciding whether to seek the death penalty.

Yates remains in the Harris County jail and is scheduled to be arraigned on Aug. 8.

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