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A Buffalo murder suspect with a history of mental illness was indicted today on charges of raping two women in his home last month.

He is awaiting a long-delayed retrial in a 1981 slaying.

An Erie County grand jury charged Carl Victor Stewart, 34, of 417 Riley St., with attacking a 32-year-old woman in his home Nov. 19 and a 16-year-old girl in his flat Nov. 26.

Stewart had been free without bail in the murder case because a material witness -- his father -- cannot be located.

The accused , who reportedly knew both rape victims prior to the attacks, has been jailed for several weeks on $30,000 bail on three counts of first-degree sodomy and sex abuse, two counts of third-degree sodomy and single counts of rape, attempted rape, robbery and child endangerment.

Prosecutors Therese R. Wincott, Nancy Laffey Hart and Roderick Quebral are handling the case. The officials said State Supreme Court Justice Frederick M. Marshall released Stewart from custody in August 1989 on his own recognizance after prosecutors said they were not ready for his second murder trial.

Stewart, who received a 25-year-to-life term in the slaying, had been in custody about eight years before Marshall released him.

Stewart's 1983 conviction for the 1981 slaying of Oria "Cookie" Doss, 37, his brother's girlfriend, was overturned in January 1987. The ruling was made because his lawyer, former Buffalo attorney Wesley L. Taylor, represented both Stewart and Stewart's father, Samuel Lee Stewart, in the case.

The prosecutors said Samuel Stewart is the key prosecution witness in the murder case, but authorities have been unable to locate him for nearly four years and all members of the Stewart family deny knowing where he is.

Carl Stewart, who has a history of treatment for paranoid schizophrenia before his 1983 Erie County Court murder trial, was convicted of slaying Ms. Doss in the Montana Street flat Stewart and his brother shared.

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