Defense Fund Set Up For Houston Mother

HOUSTON -- Harris County prosecutors announced Wednesday that they would seek the death penalty against the mother accused of drowning her five children in June.

With the gag order partially lifted Thursday, Andrea Yates' attorney spoke out about the death penalty.

Yates' attorney entered a not guilty by reason of insanity pleas in the two capital murder charges she faces.

Prosecutors issued a written statement late Wednesday, and Thursday defense attorneys issued their statement.

Because of the gag order, Yates' husband, Russell Yates, was unable to express how he felt after he learned his wife could face the death penalty.

"I can tell you this I would love to respond to his question about how I feel about the state seeking the death penalty," Russell Yates said.

The gag order is sticking for Yates, who remains locked in a jail cell and who hasn't communicated with anyone since the deaths, according to her lawyers.

They said that Yates remains in a psychotic state, but her attorneys have not said whether she comprehends the fact that she may face death.

With news of the prosecution's plan to seek the death penalty, Yates' defense attorneys are gearing up to defend the woman they say is innocent by reason of insanity.

But that defense cannot only be a difficult one but also an expensive case to try.

"A defense fund has been established at Horizon Capital Bank for the purpose of offsetting expenses in the mental health defense of Andrea Yates, who is charged with capital murder," defense attorney Wendell Odom said. "The state of Texas has made it known that it will seek the penalty of death."

Will people donate money to a fund knowing that it will be used to defend a woman accused of drowning her five children? Her attorneys claim that people are not only giving to Yates' trial but also to women suffering from mental health disorders.

"Any contributions received that exceed expenditures necessary will be designated for use in the areas of women's mental health issues," Odom said.