Doctor ordered to stand trial for murder in ex-wife's death


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SALT LAKE CITY — Pediatrician John Wall was ordered Thursday to stand trial for murder in the death of his ex-wife, Uta von Schwedler.

Third District Judge Robin Reese bound the Salt Lake man over for trial, saying prosecutors had successfully raised enough probable cause, and that in a preliminary hearing, evidence has to be viewed in a light that favors the prosecution.

But while there was an abundance of circumstantial evidence, there seemed to be little evidence presented during the three-day preliminary hearing directly linking Wall to the death or that the defense didn't have an alibi for or were able to raise reasonable doubt about. Prosecutors have argued that the totality of case is what has to be considered.

Defense attorney Fred Metos said Reese's decision wasn't unexpected. But if the Salt Lake County District Attorney's Office offers his client a plea deal, he said he doubts Wall would take it.

"First off, they haven't offered one and I don't know if they will. And as we've said repeatedly, our client has maintained his innocence, so I sincerely doubt this is going to be resolved by any sort of plea agreement," Metos said.

Von Schwedler, 49, was found dead in an overflowing bathtub in her home at 1433 E. Harrison Ave. (1625 South) on Sept. 27, 2011. The cause of death was determined to be drowning. But the manner of death could not be determined. Because of "toxic to potentially lethal" amounts of Xanax found in her system, the medical examiner could not rule out the possibility of suicide.

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The judge conceded one of the biggest questions of the case is how the Xanax got into her system. Von Schwedler did not have a prescription for the anti-depressant drug, had never been known to use it and did not have a history of suicidal thoughts.

Wall, on the other hand, was "the only person who has any connection to Xanax," prosecutor Matt Jamzan said. Wall ordered an unusally high number of Xanax pills for his mother in May, and then picked up the prescription himself, he said.

Prosecutors also argued that the medical examiner's office "is only looking at the body" and not "the whole context" of the case. They painted a picture of Wall as someone who had grown increasingly frustrated with von Schwedler, had been involved in a bitter divorce with her and continued to have a stormy relationship with her over child custody issues.

Wall made statements such as "Wouldn't it be nice if Uta went away?" and "Uta always wins" to friends. Salt Lake police detective Cordon Parks also testified that it appeared someone had tried to clean up or conceal the crime scene in von Schwedler's house.

"A person who is committing suicide doesn't clean up evidence," the prosecutor argued.

Reese, too, noted it didn't make sense for a person who was trying to kill herself to leave blood all over the house. In one area, the blood patterns also suggested that a struggle had occurred.


A person who is committing suicide doesn't clean up evidence.

–Prosecutor


Von Schwedler had cuts on her body that were not consistent with wounds a person committing suicide will make, Jamzan argued.

All of the blood found in von Schwedler's house was hers. Blood was found in the bathroom, in the kitchen, on a comforter, and especially on her bed sheet and her tank top. And based on DNA tests, the only "statistical conclusions" that could be made about other DNA found on Schwedler's pillow and comforter was that it matched Wall's profile.

The judge also said he found it odd that despite whatever stress Wall was under, he couldn't categorically deny to police that he didn't kill his ex-wife, instead giving statements such as: "I don't think I did it."

But Wall's defense team seemed to have an answer for each of the prosecution's points. They contended that despite the pressure in him, he never said he killed von Schwedler, whereas someone who was guilty might normally crack and confess.

Metos argued that there was every indication that von Schwedler took the Xanax voluntarily. And the theory that someone tried to clean up the crime scene "doesn't make a whole lot of sense." For example, a pillow with no blood on it was found on top of dried blood on the bed. In order to do that, a person would have had to wait around the house for about an hour for the blood to dry, said Metos, who argued that a person who had just committed murder would not do that.

Metos noted that several possible profiles were found on the collected DNA evidence. Saying that DNA evidence "does not exclude" his client or that there is a "possible match" doesn't rise to the level of probable cause, he said.

Both sides also believe the timeline of events favored them. Wall was seen dragging a trash can in front of his house at 1 a.m. on Sept. 27, 2011. The defense said that was because Wall was sleeping outside and his dog woke him up by scratching his eye. At 2:50 a.m., a neighbor near von Schwedler heard a noise coming from her house. At 6 a.m., Wall's daughter woke up and couldn't find her father in his house and couldn't reach him by cellphone. At 7 a.m., Wall was spotted driving on Foothill Boulevard. Prosecutors claim he was driving closer to his ex-wife's house than his own. The defense argued that he wasn't close to either house.

In addition to the murder charge, Wall was also ordered to stand trial for aggravated burglary, a first-degree felony. An arraignment is scheduled for Oct. 21.

Contributing: Ashley Kewish

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