McCarter Convicted of Rape and Murder : Brother Key Witness in 2nd Trial for Fullerton Woman’s Death

In his second trial on the charges, a 31-year-old Anaheim man was found guilty Monday of the rape and murder of a young Fullerton woman, partly because of key testimony from his own brother.

Andrew McCarter, whose first trial ended in a mistrial when the jury deadlocked two months ago, now faces the penalty phase of his trial, in which jurors must decide whether to give him a death verdict or life in prison without parole.

Although McCarter had no serious record, prosecutors have scheduled at least five women, including two of McCarter’s ex-wives, who are expected to testify that McCarter either raped or sexually assaulted them.

McCarter was found guilty Monday of both first-degree murder and rape in the death of 24-year-old Julie Fenton on June 21, 1986, at her Fullerton apartment. She was found strangled and partially nude by a co-worker after she failed to show up for work at Elmer’s Place, a Fullerton restaurant.

Fenton was a part-time waitress there and had a full-time job at a health spa. She had graduated a year earlier from Cal State Fullerton. On the night of her death, McCarter and his brother, Michael, were seen at Elmer’s. Andrew McCarter was at a table with Fenton and some of her friends.

Several witnesses said they saw a red truck with a Texas license plate, which fit a description of McCarter’s truck, outside Fenton’s apartment in the pre-dawn hours when she was killed. McCarter is a roofer, and the witnesses described seeing equipment on the truck similar to equipment on McCarter’s truck.

‘Just Too Circumstantial’

Several members of the first jury, which deadlocked when four people voted to find McCarter not guilty, told lawyers in the case that those who voted not guilty were bothered that no one got a full license number and that there were too many red trucks that could have fit that description.

“Jurors who voted for not guilty found that it was just too circumstantial,” said George A. Peters Jr., McCarter’s attorney.

Peters reportedly met with Deputy Dist. Atty. Melvin L. Jensen after the first trial to see if a second trial could be avoided with a compromise verdict. But Jensen insisted that he would prosecute the case again as a death penalty case.

A key prosecution witness at both trials was Michael McCarter, who testified that Andrew admitted to him that he had killed the young woman.

A close friend of Michael McCarter said Monday that the two trials “have been very, very hard on him. He has been ostracized by his family for his decision to come forward with what he knows.”

Michael McCarter told the court he avoided testifying at his brother’s preliminary hearing so he would not have to make damaging statements against his brother. But he said he came forward after deciding that he could not withhold the truth.

Superior Court Judge Robert R. Fitzgerald ordered the jurors to return next Monday to begin the penalty phase.