Houston ? Andrea Yates’ attorney rejected a plea offer Monday that would have sent her to prison for 35 years for drowning her children and avoided a retrial.

Defense attorney George Parnham said he rejected the plea offer because it doesn’t guarantee Yates would receive mental health treatment.

The prosecution said the offer would remain on the table until March 10 – 10 days before Yates’ capital murder retrial is to begin for the deaths of three of the five children who were drowned in 2001 in the family’s bathtub.

Yates has again pleaded innocent by reason of insanity. The plea offer would require her to plead guilty or no contest to the lesser charge of murder.

Yates was convicted of capital murder in 2002, but the conviction was overturned because a psychiatrist gave false testimony.