Andrea Yates

By: Associated Press
By: Associated Press

The ex-husband of a woman facing a new trial in the bathtub drowning of their children says he would like to see a plea agreement.

Russell Yates tells CBS the case should never have gone to trial in the first place.

His former wife, Andrea Yates, was convicted three years ago of two capital murder charges for the deaths of three of her five children.

A jury rejected an insanity plea and she was sentenced to life in prison. But a Texas appeals court yesterday upheld a lower court ruling that threw out the murder convictions because of erroneous testimony.

The ruling opened the way for a new trial or a plea bargain.

Russell Yates says he hopes the state will be "more reasonable" this time around.

He says his former wife should be in a hospital so that she will not be forced to spend the rest of her life in prison.

Yates has been treated for years for severe depression and other disorders that require anti-psychotic drugs.

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