Reply to Why are people more sympathetic to Lindsay Clancy than Andrea Yates? (Child death mentioned)

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[quote=Anonymous][quote=Anonymous][quote=Anonymous][quote=Anonymous]Other defendants have tried an "Ambien defense," but I don't think they've been successful.[/quote]

And I’m sure the psychiatrist explained the side effects which are also prominently displayed on prescriptions.  I think they’re trying to set up a medical malpractice/wrongful death case and I hope they don’t prevail assuming the psychiatrist was following the standard of care.  I think it’s common to try different medicines to find what works and that seems like what the doctor was doing here.[/quote]
The Ambien issue seems to happen with people falling asleep and then committing acts but not remembering them. Driving somewhere and then not remembering doing that, etc. There doesn’t seem to be an indication that this was the case here. Had she been asleep at 5:15 pm, the husband would not left the kids alone with her.

The lawyer’s statement that they told the doctors the week prior that the meds were negatively impacting her shows that they knew there was a problem with the meds but continued to take them. [b]Also, waiting until the husband was gone to commit the acts shows (but does not conclusively establish) that she knew enough to know the acts are wrong and that he would try to stop her if he were home. That works against the insanity defense. With an involuntary intoxification defense, insanity still must be established. 
[/b]
I’m assuming they tested her to see what was in her system at the time of the acts.[/quote]
Wrong, you misunderstand the nature of psychosis. Andrea Yates waited for Rusty to leave for work and during the hour before her MIL was to arrive to help her with the kids she drowned all five of them and then called the police to report and confess.

A person can be psychotic and legally incapable of knowing right from wrong but still have the ability to overcome practical obstacles to achieving the objective of their psychotic delusion - in Andrea Yates’s case, giving her children back to God. [/quote]

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