Jury to Hear About Past Drink Spiking : Courts: Judge OKs evidence that a man accused of fatally poisoning his wife admitted he had also tinkered with a previous wife’s beverages.

A judge ruled Monday that jurors may hear evidence that a Dana Point computer consultant accused of fatally poisoning his wife admitted spiking a previous wife’s coffee with prescription drugs.

Prosecutors want to present the evidence at Richard K. Overton’s retrial to show a pattern. But the defense, which contends Overton is innocent, fought the move because they believe the testimony could jeopardize the defendant’s right to a fair trial.

During pretrial motions Monday, Orange County Superior Court Judge Robert R. Fitzgerald said he would allow the evidence to be presented.

Deputy Dist. Atty. Gregg L. Prickett said after the hearing, “I think it’s a significant piece of evidence.” Overton’s attorneys declined to comment.

Jury selection begins Wednesday and opening statements could begin early next week. The case has been marked by a string of unusual events, including an unprecedented yearlong delay in the first trial that ultimately ended in a mistrial.

Janet L. Overton, 46, was a teacher and trustee at the Capistrano Unified School District when she collapsed Jan. 24, 1988, and died. Overton, 66, admits having a “love-hate” relationship with his third wife but insists he did not poison her.

Prosecutors, however, contend that Overton was enraged about his wife’s infidelities and that he began poisoning her with selenium or other toxic metal, finally administering a fatal dose of cyanide.

At the first trial, Dorothy Boyer, Overton’s first wife, testified that she frequently became “violently ill” in 1973 after drinking coffee, tea or wine at her home and was stricken with mysterious rashes, sores and lesions. She testified she suspected Overton was sneaking into her home and tampering with her beverages in retaliation for their divorce.

A sheriff’s investigator who questioned Overton also testified during the trial that the defendant admitted putting prescription drugs in her coffee and Drano in her shampoo.

At the first trial, Overton admitted “adulterating” Boyer’s coffee, but said he never thought of it a crime and considered it more of a “prank.” He denied putting Drano in her shampoo.

The 4th District Court of Appeal in Santa Ana ordered a mistrial on Aug. 2, 1993, after the yearlong recess brought about by the hospitalization of Overton’s attorney.