Justices Declare a Mistrial in Overton Murder Case

Calling their ruling “a rare exception,” state appeals court justices on Monday declared a mistrial in the case of Richard K. Overton, whose sensational murder trial has been in a yearlong recess, partly because his attorney suffered from severe depression.

In a 20-page opinion, a panel of three justices on the 4th District Court of Appeals in Santa Ana unanimously recommended a new trial for Overton on charges that he murdered his wife, Janet L. Overton, a popular Capistrano Unified School District trustee who died in January, 1988, allegedly from cyanide poisoning.

Justices said there was a reasonable possibility that jurors had been prejudiced by the lengthy recess, and Orange County Superior Court Judge David O. Carter should have ordered a mistrial when a psychiatrist informed him that Overton’s attorney, Robert D. Chatteron, would be unable to handle the case for at least six months.

The court also granted Overton’s request to replace his defense attorney.

“In reaching this result, we stress the extraordinary circumstances in this case,” wrote Justice Edward J. Wallin, who drafted the opinion. “It was, by all of the parties’ estimation, one of the most technically complex criminal cases in Orange County history. It is a murder case and the stakes are high.”

The appeals court noted that it would be difficult for jurors to keep an open mind after such a long hiatus between hearing the prosecution’s case and the defendant’s case. The trial was recessed after the prosecution had presented and rested its case, and the defense had begun presenting evidence.

The recess began in July, 1992, after Chatteron told the judge he had doubts about the truthfulness of his client on the witness stand. It created a potential conflict of interest for the attorney because he might be forced to testify against Overton.

While Carter tried to resolve that issue, Chatteron slipped into a severe depression that doctors said was triggered by a chemical imbalance in his brain. Chatteron was so concerned about his illness that he asked Carter to be relieved--a request that was denied.