Overton Is Jailed Until New Trial : Courts: Judge says enough evidence exists of the Dana Point man’s guilt in his wife’s death to revoke bail. His attorney says the ruling creates the appearance that guilt is a foregone conclusion.

An Orange County judge Friday revoked the $100,000 bond for a Dana Point computer consultant accused of poisoning his wife with cyanide, ruling that there is enough evidence of Richard K. Overton’s guilt that he should await his second trial behind bars.

Overton, 66--who denies any involvement in the Jan. 24, 1988, death of his wife, Janet, a popular trustee of the Capistrano Unified School District--appeared stunned and bewildered by the decision Friday as deputies led him away.

The development added yet another strange twist to one of Orange County’s most complex and unusual murder cases. Overton’s first case ended in an August mistrial after an unprecedented, yearlong recess, when Overton’s first attorney suffered a mental breakdown and accused his client of perjury. An appellate court removed the attorney and later removed the trial judge as well, ordering a fresh start for Overton’s second trial.

Deputy Dist. Atty. Christopher J. Evans had sought the bail revocation hearing because of the seriousness of the charges and changes in state law that restrict bail in the most serious of murders--so-called “special circumstance” murders. In Overton’s case, prosecutors said that the special circumstances were murder by poisoning.

Defense attorney Richard Schwartzberg argued that Overton should remain free on bond--as he has for much of the case--because there is evidence that Overton may be found innocent of the charges. Schwartzberg noted that Overton has made all his court appearances and is not a flight risk.

But Orange County Superior Court Judge Robert R. Fitzgerald rejected those arguments, saying there is sufficient evidence of Overton’s guilt to warrant a bail revocation. Fitzgerald scheduled a Nov. 14 trial date, but told defense attorneys he would set an earlier hearing to review any evidence that points to their client’s innocence.

“We are taking these charges very seriously,” Evans said outside of court. “The state of the law is (Overton) is not entitled to bail.”

But Schwartzberg said outside of court that the defense team will be hampered in its preparations for trial, adding that Overton’s jailing unfairly creates the appearance that his guilt is a foregone conclusion.

“It is an enormous burden to us, having a case as complicated as this and having a client who is unavailable to us,” Schwartzberg said. “I am very disturbed that people who know he has been taken into custody will assume he is guilty and assume that there is all this evidence against him, and that is not the case.”

Janet L. Overton died Jan. 24, 1988, after collapsing in her driveway. An initial autopsy failed to uncover a cause of death. Six months later, one of Overton’s previous wives told investigators that Overton had once tried to poison her and suggested they check the dead woman’s body for signs of poison.

Another examination uncovered traces of cyanide in Janet Overton’s body. Prosecutors then filed charges alleging that Overton had killed his wife because he was upset over her extramarital affairs.

Overton admitted lacing his first wife’s coffee with prescription drugs, calling it a “neat joke.” But he has repeatedly denied any role in Janet Overton’s death.

Defense attorneys told Fitzgerald on Friday that their expert witnesses will testify the cyanide found in Janet Overton’s stomach was not the result of a poisoning, but a byproduct of medication she was taking at the time of her death. The prosecution disagrees.

The unusual twists and turns of the case continue to drag it out. Overton’s first trial attorney, Robert D. Chatterton, began suffering from depression in the midst of the 1992 trial.

He also told Orange County Superior Court Judge David O. Carter that his client had tampered with evidence and lied on the witness stand, allegations that have not been substantiated. The complications resulted in a yearlong recess in the middle of the trial.

The 4th District Court of Appeal in August removed the attorney from the case, and also concluded that the lengthy delay could lead jurors to unfairly decide the case. In response, Carter declared a mistrial.

Overton’s new attorney, George A. Peters Jr., then sought to remove Carter from the case, contending that the first trial may have prejudiced the judge. Carter resisted, arguing that a new trial before a new judge would cause further delays and expense.

But the same court of appeal in February removed Carter from the case, which has since been assigned to Fitzgerald.