Yates trial likely delayed - WKOW 27: Madison, WI Breaking News, Weather and Sports

Yates trial likely delayed

BARABOO (WKOW) -- There will likely be a delay in the case of a Baraboo man charged with killing his 5-week-old twins last year.

His attorney stepped away from the case Monday afternoon after a disagreement over whether to pursue an insanity defense.

David Yates already pleaded not guilty back in the summer in this case.  When Yates and public defender Mark Frank walked into a Sauk County courtroom at a new plea hearing Monday, Frank was hoping to change Yates' plea to not guilty by reason of mental disease or psychiatric defect.

Yates told Judge James Evenson he did not want that change. He currently faces two counts of first degree intentional homicide of his young twins Tyler and Savannah.  Police found them inside his home, April 13, 2008, dead with signs of cuts, blunt force trauma, and broken ribs.

Frank said he wanted to change the not guilty plea to include mental disease after reviewing statements from officers and hospital personnel the days after the bodies were found.  Frank even said he was prepared to ask the judge to grant a psychological evaluation.

Because Yates would not let Frank change the plea, it never got to that point. 

"Mr. Yates tells me today that he does not want to enter that plea of not guilty by reason of mental disease," said Frank in court.  "And I have advised him I think that is the appropriate plea to be entered in this case, so he and I do disagree."

Judge Evenson let the attorney withdraw himself from the case.

This case was slated to go to trial for two weeks in February. The judge said that Monday's development will likely push the trial back.

Mark Frank was the third attorney to work on David Yates' case. The Sauk County Public Defenders office must now assign a new one.

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