Poisoning Case Mistrial Disappoints O.C. Jurors

Jurors in the famed but long-recessed murder trial of Richard K. Overton said Tuesday that they were disappointed that a mistrial forced them off a case which had intrigued them with tales of marital infidelity and vengeful poisonings.

“We were sitting there eight hours a day, like spectators watching it all play out,” said juror Frank Richards of Placentia. “It was like watching a movie, only it was real. I really wanted to sit through the rest of it.”

All the jurors who spoke to reporters said they had not made up their minds about Overton’s guilt or innocence.

On Tuesday, Orange County Superior Court Judge David O. Carter excused the jurors, telling them a state appeals court had ordered a mistrial Aug 2.

The trial had been recessed for more than a year, because Overton’s attorney suffered severe depression, requiring in-patient treatment in a hospital psychiatric ward, and had privately told the trial judge that his client may have perjured himself and had possibly tampered with evidence. Those issues prompted the mistrial.

Overton’s next trial is tentatively scheduled to start with a new jury on Oct. 25.

Overton, 65, is charged with the Jan. 24, 1988, cyanide-poisoning death of his wife, Janet, a popular trustee of the Capistrano Unified School District, allegedly because he was upset over what he contends were her extramarital affairs.

While many consider jury duty a burden, several of the 14 jurors--including two alternates--said they wished they could have continued hearing evidence in the case, and were eagerly anticipating the final chapters of a real-life whodunit.

“I’m just so disappointed that we’re not going to hear the end of it,” said juror Laura Masoner of Santa Ana. “I was just so curious about how it was going to turn out.”

When the trial was recessed, they had heard only the prosecution’s side of the case, and the defense had just begun presenting its witnesses.

“I still would have liked to have heard more to help me nail it down,” said juror Tony Troianello of Santa Ana. “I was still uncertain.”

During the trial, the prosecutor alleged that Overton spied on his wife and documented his hatred for her in computer files and journal entries. Other apparently damaging evidence came from Overton, who admitted on the witness stand, just before the case recessed, that he spiked a previous wife’s coffee with prescription drugs.

Overton called the spiking “a neat joke,” but the district attorney said it showed that Overton “had a history of poisoning his wives.”

Juror Troianello said prosecutors may have showed that “Overton wasn’t a nice guy” to his wives, but he was not yet convinced of Overton’s guilt, even after hearing the prosecution’s entire case.

“There are still a number of things that we don’t know,” he said.

Among his concerns, he said were questions about how and when Overton allegedly slipped his wife the fatal dose of cyanide; and about the interview tactics of a sheriff’s deputy who reportedly lied to Overton about evidence regarding the alleged poisoning of his first wife, Dorothy Boyer.

In addition to questions about the case, jurors said they were curious about what had caused the lengthy continuance.

“For the first few days, I tell you, it was all I could think about,” said juror Luis Sandoval of Anaheim, a psychiatric technician.

For 13 months, jurors were instructed to avoid news accounts of the trial. At the time of the recess, Carter said he could not explain the reasons for the delay to the jury. He did, however, warn them that there was good chance they would never hear the trial to conclusion.

As a result, the eight men and six women who made up the jury panel said they were not shocked when they were dismissed from service.

But the jurors were surprised to learn that the delay was partly caused by the depression of Overton’s attorney, Robert D. Chatterton, and the lawyer’s self-proclaimed difficulties of focusing on his job.

“One of the best things about the case was how sharp both attorneys were,” Sandoval said. “I would never have detected anything wrong.”

Chatterton “seemed like an excellent attorney to me,” Masoner said.

Judge Carter, a former colleague of Chatterton’s when they were both with the district attorney’s office, also praised Chatterton’s “exemplary” efforts during the trial in front of the jury Tuesday.

Although Carter could have notified jurors of the mistrial over the phone, he scheduled Tuesday’s court session to explain the issues involved.

“Behind the scenes, there was a real struggle,” he told the jurors.

Jurors said they realized they needed to be especially vigilant about not reading about the case or discussing it with anyone. None of the jurors who were interviewed said they were aware of the legal maneuvering in the case that led to Tuesday’s hearing.

“I really think we were a good bunch of jurors,” Masoner said.

Juror Connie Baier of La Palma, said: “This was how the system was meant to work. It’s wonderful to see.”

Even though she said she was interested in the hearing more about the case, she conceded that she was also happy not to have the burden of deciding Overton’s fate.

“It’s a great relief,” Baier said.

All the jurors said they planned to keep track of the case to see how it turns out.

“For me, this is still not complete,” Sandoval said.

After the jurors had been excused, Carter dismissed Chatterton as Overton’s attorney, as he had been instructed to do by the appeals court.

Chatterton, who said he is completely recovered from his condition, indicated out of court that he would like to be involved in the next trial, possibly as a consultant for the defense.

“I have put more than 2,000 hours into this case,” Chatterton said Tuesday. “I would like to be a part of this case and see it to its conclusion. I have a lot of confidence in the defense and believe that Mr. Overton will be found not guilty.”

Meanwhile, Overton’s present attorney, George A. Peters Jr., said there were many issues that needed to be resolved before a new trial could begin. He told Carter that he may seek to have a different judge try the case. Carter was opposed to the mistrial and had wanted the case to go forward before the appeals court overruled him.

Nonetheless, Carter said he believes he could be a fair and impartial judge and prefers that the case stay in his court because he is familiar with the issues, which could save taxpayer money. The judge said he was not surprised by Peters’ suggestion that he might ask for a new judge, because a key pretrial ruling--allowing the jury to hear evidence that Overton allegedly poisoned his first wife--was clearly not in the defense’s favor.

In another development, prosecutors filed a motion to revoke Overton’s bail. Overton originally posted $250,000 bail. That amount had been reduced so Overton could pay for legal expenses. Currently, Overton’s Dana Point house is being held as bail. A hearing on that issue is scheduled Sept. 8.