Court Refuses to Hasten Overton Hearing; Retrial Delay Expected

SANTA ANA — An appellate court has refused a prosecutor’s request to expedite a hearing in the case against Richard K. Overton, effectively delaying the murder-by-poison retrial for an additional two months at least.

Orange County Superior Court Judge David O. Carter is fighting attempts to remove him from the retrial, although he said earlier this year that he would voluntarily step down if his actions would unreasonably postpone the case.

Defense attorney George A. Peters requested Carter’s removal, because he contends the judge is biased against his client. Carter said during earlier court hearings that he has formed no opinions about Overton and believes that switching the case to a new judge could delay the complex trial by months, even years, and further waste court time and taxpayers’ money.

The state 4th District Court of Appeal in Santa Ana last month ordered Carter to step down from the case or present his side at a Jan. 18 hearing.

Defense and prosecuting attorneys have found themselves agreeing that Carter should be removed. Prosecutors recently joined in that request in the hopes that it would push the retrial forward more quickly. Prosecutors also recently asked the 4th District Court of Appeal to expedite the hearing. In a notice dated Monday, the appellate court announced it would not move up the hearing date, said defense attorney Peters.

“Until Judge Carter says ‘uncle,’ we’re not ending this thing,” Peters said.

Overton is charged with using poison to murder his wife, Janet, a well-known teacher and Capistrano Unified School District trustee, who collapsed in her driveway in January, 1988. Overton has repeatedly denied any role in his wife’s death.