Judge Stays Overton Trial, but Won’t Say Why : Courts: He orders unusual six-month recess in case of man accused of wife’s murder and tells jurors he can’t ‘share’ his reasons. Jurist concedes a mistrial is likely.
SANTA ANA — Without explaining his reasons, an Orange County Superior Court judge on Tuesday ordered an unusual six-month recess in the murder trial of a Dana Point man accused of poisoning his wife.
The trial, which originally got underway June 9, had already been recessed for two months after seven weeks of testimony because the 64-year-old defendant, Richard K. Overton, suddenly became ill in the courtroom July 24 and had to be rushed to a hospital. The trial had been scheduled to resume this week.
Despite Overton’s apparent recovery from his illness, Superior Court Judge David O. Carter told the 12 jurors and two alternates that, for reasons he couldn’t “share†with them, the trial had to be recessed for another six months.
If the jurors were unable to return at that time, the judge said, a mistrial would have to be declared.
“It’s an extraordinary request,†Carter said. “I’d hate to bring a jury in kicking and screaming in this case. I really need your consent†to continue the trial at a later date.
The 14 members of the jury were each asked if they had a scheduling conflict or other problem with coming back in March for the remainder of the trial. All of the jurors said they would be able to return for the trial’s resumption.
Carter then asked the prosecutor, the defendant and the defense attorney if they had any objection to the delay. Deputy Dist. Atty. Christopher J. Evans said he did not object, but defense attorney Robert D. Chatterton and Overton said they did.
Despite the defense objections, Carter ordered the trial to resume on March 22. The judge also asked that the attorneys not discuss the reasons for the recess with the media.
Even though the attorneys refused comment, sources close to the case have said that Overton is attempting to make changes or additions to his defense team.
On Tuesday, two other defense lawyers, Charles Margines and George Peters, attended closed-door hearings with the judge and were seen consulting with Overton.
Several other closed-door meetings among the judge, Overton, Chatterton and the two other lawyers have been held since the initial recess in the trial. The meetings were apparently about the prospect of a recess. The prosecutor has been excluded from those proceedings.
Overton, a part-time college professor and computer consultant, is charged with murdering his wife, Janet L. Overton, 46, on Jan. 24, 1988, by putting cyanide in her food. Prosecutors contend that he killed her in a jealous rage over her extramarital affairs.
The trial was in its seventh week when Overton complained of chest pains and dizziness and was taken out of the courtroom on a gurney. His illness occurred out of the presence of the jury.
Just before he fell ill, Overton underwent a grueling two-day cross-examination on the witness stand. In seemingly damaging testimony, Overton acknowledged that he had adulterated the coffee of a previous wife with prescription drugs in the early 1970s.
He testified that he thought it “was a neat joke†to play on her and that he did it to retaliate for her allegedly mistreating their children.
Overton became sick just before he was scheduled to take the witness stand for a third day.
Carter recessed the trial for two months after Overton’s illness, even though the defendant was released from the hospital the following day. The judge said he was trying to take Overton’s health into consideration, as well as accommodate the work and vacation schedules of jurors and expert witnesses.
Whatever the reasons for the latest delay, there was a “substantial†chance that there could still be a mistrial, the judge said Tuesday. But he said he was reluctant to start a new trial with a new jury when there was still hope that the case could be concluded with the present panel.
The judge estimated that there were “between three to eight days†left in the trial, which was interrupted as Overton’s defense was being presented to the jury.
“We’re close to a conclusion on this matter,†Carter said before dismissing the jury for the day. As for the cause of the recess, the judge told the jurors only that they had to “accept that there are very good reasons for it.â€
Dist. Atty. Michael R. Capizzi said the lengthy recess was “bound to have some impact on the case.â€
He said it was “impossible to know†which side--the prosecution or defense--would benefit most from a delay in the middle of the trial.
But, he said, “it’s not something you like to see.â€
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