Judge Awaits Word on Overton Jury
SANTA ANA — Orange County Superior Court Judge David O. Carter said Tuesday he is awaiting official word from the 4th District Court of Appeal that he can dismiss the jury in the aborted murder trial of Richard K. Overton and set a new trial date in the case.
Carter said he expects the necessary notification within the next week, after the district attorney’s office notifies the appeals court that it does not intend to appeal the court’s decision to declare a mistrial.
Attorney George A. Peters Jr., who became Overton’s sole attorney when the appeals court agreed that his other attorney, Robert D. Chatterton, could be dismissed for conflict of interest, said Tuesday he was unsure when a new trial might begin.
“It won’t be as soon as the prosecutor wants, that’s for sure,” said Peters, referring to comments from the district attorney’s office that it is ready to proceed immediately.
“This is an unusually complicated mess,” Peters said.
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