Overton Judge Refuses to Exit Retrial, Assails Delays : Courts: New round of proceedings in 1988 cyanide-poisoning case are scheduled to begin Oct. 25.

An Orange County Superior Court judge refused to remove himself from the retrial of murder suspect Richard K. Overton and told attorneys Friday that further delays in the 1988 murder case are unacceptable.

“This is absolutely a needless waste of taxpayer money,” said Orange County Superior Court Judge David O. Carter, adding that transferring the case to another judge could delay the retrial at least several months if not years.

Overton, 55, a Dana Point computer consultant and part-time professor, is accused of using cyanide to poison his wife, Janet, a teacher and Capistrano Unified School District trustee who collapsed in her driveway in January, 1988.

Overton had claimed during the trial that his wife had engaged in extramarital affairs.

A mistrial was declared in the case last month after an unprecedented recess in the trial, caused in part when Overton’s former defense attorney attorney suffered a severe depression and was unable to work on the case.

Overton’s new defense attorney, George A. Peters Jr., said he filed the challenge to remove Carter because he wanted a fresh start. Peters said he also was concerned about perceptions that Carter may have biases stemming from the earlier trial.

Carter said Peters was acting properly in his client’s best interest by filing the challenge, but in pointed comments the judge criticized further attempts to delay the case.

“I’m not very patient with any further delays,” Carter said. “I want this case tried in October, gentlemen.”

A retrial is set Oct. 25.

The judge noted that the request appeared to be motivated by Peters’ desire for a second chance to persuade a new judge that certain evidence should not be admitted in the retrial.

Carter allowed the jury in the first case to hear Overton testify that he spiked the coffee of his first wife with a non-fatal dose of prescription drugs as “a neat joke.” Overton has denied a role in his second wife’s death.

“It’s a new attempt at a different ruling,” Carter said.

Carter stressed that he has formed no conclusions about Overton’s innocence or guilt.

“First and foremost, my priority is a fair trial for Mr. Overton and a fair trial for the prosecution,” the judge said.

Prosecutors said they were “reluctantly” taking the position that Carter should remove himself from the case, because an anticipated defense request to have a higher court decide the issue could cause further delays.

Carter invited Peters to proceed to the 4th District Court of Appeal and said he believed the issue could be decided quickly. Peters said outside of court Friday that he will seek the higher court’s ruling.

Carter stressed, however, that if it appears the dispute will further tie up the case he will transfer it to another judge.

Considered by the parties involved to be one of the most complex trials ever in Orange County, Carter said another judge would have to repeat his work and face the “monumental” task of absorbing complicated medical testimony regarding cyanide poisoning and other issues.

“I probably know this case better than you,” Carter told Peters.