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SALT LAKE CITY — Johnny Brickman Wall, sentenced to 15 years to life in prison in the death of ex-wife Uta von Schwedler, wants a new trial because of what was said by some of the state's witnesses at trial.
Wall was sentenced earlier this month in the death of von Schwedler, 49, a University of Utah researcher who was found dead in an overflowing bathtub of her home in 2011. She also had a toxic level of Xanax in her system. A major point of contention during the trial was whether the Xanax was consumed willfully by von Schwedler.
At sentencing, Wall maintained his innocence and vowed to appeal the verdict.
Since sentencing, Wall's attorney, Fred Metos, has filed two motions for a new trial based on the testimony of two of the state's witnesses during trial.
In one of his motions, Wall takes issue with Dr. Marcella Fierro, a former chief medical examiner in Virginia, a forensic pathologist and one of the state's expert witnesses.
In the motion, Wall's defense team argues that Fierro used opinions "that were the subject of her rebuttal testimony that were not reflected in her report that had been provided in the discovery process. Evidence discovered by the defense after the trial regarding Dr. Fierro's undisclosed opinions that a critical opinion that Dr. Fierro advanced in her testimony was based on inaccurate or false information."
Fierro did not say in her report that von Schwedler was given a forced injection of Xanax with a syringe into her mouth nor did she mention that the woman's mental state was not consistent with suicide as she did at trial.
The second motion notes comments by Dr. Joshua Schiffman, the director of the cancer research laboratory where von Schwedler worked who testified during trial that a finding made by von Schwedler in the lab was "a scientific breakthrough."
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Rather than apologize or admit guilt, Johnny Brickman Wall continued to maintain his innocence Wednesday as he was ordered to serve 15 years to life in prison for the murder of his ex-wife, Uta von Schwedler.The statement was made to show von Schwedler lacked the motivation to commit suicide, the motion stated.
But Wall contends that statement "was materially false in that it did not constitute such a scientific advance; further, his testimony that further research on those findings could not be continued because Ms. von Schwedler could not be replaced was also not true. The introduction of such evidence violates the defendant's right to due process of law guaranteed by the constitutions of the United States and the state of Utah. The constitutional violation in this case was prejudicial and requires that the court grant the defendant a new trial."
Wall's motion for a new trial comes as an announcement was made this week that a defendant convicted in another high-profile murder trial, Meagan Grunwald, who was sentenced the same day as Wall, has also filed a motion for a new trial.
Grunwald was convicted of aggravated murder for her role in the shooting death of Utah County Sheriff's Sgt. Cory Wride.
