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With just over three weeks until his murder trial is scheduled to begin, a former Utah pediatrician accused of killing his ex-wife was in court Friday as attorneys argued whether his statements made during a six-hour disposition in a civil case can be used against him.
John Brickman Wall, 51, has pleaded not guilty to first-degree felony counts of murder and aggravated burglary in connection to Uta von Schwedler's 2011 death.
But before the murder charge was filed against Wall in April 2013, he was involved in a civil lawsuit with his teenage son, Pelle von Schwedler Wall. The father sued Pelle Wall for possession of scrapbooks made by his late mother, and the now-21-year-old son filed a wrongful death counterclaim, claiming that his father gave von Schwedler a lethal dose of a controlled substance and drowned her in a bathtub.
In March 2013, John Wall testified for over six hours in a civil disposition at the Salt Lake City courthouse. Prosecutors in the murder case want portions of the testimony admitted at Wall's upcoming trial.
But John Wall's attorneys argued in court papers admittance of the testimony "turns on the question of whether the civil wrongful death suit was filed and [Wall's] deposition taken for the purpose of obtaining evidence for criminal prosecution."
Third District Judge James Blanch ruled Friday that while there was no reason for the deposition to be barred from trial for "hearsay grounds" or violations of John Wall's constitutional amendments, defense attorneys could object to the evidence at trial under grounds of relevance or other legal rules.
On Friday, Pelle Wall's attorney, Margaret Olson, testified during an evidence hearing that she did not consult with police when crafting questions to ask John Wall about his ex-wife's death. Olson added that she expected John Wall would refuse to testify because he was being investigated for von Schwedler's murder.
"It was my strategy and idea to get him into a deposition," she testified, "ask him questions, and have him take the 5th [Amendment against self-incrimination.]"
She said she then hoped to file a motion asking for a summary judgment in the case.
Olson said her first question for John Wall was if he was at von Schwedler's house on Sept. 27, 2011, the day she was found dead at her Sugar House home.
"He said, 'No,' " she testified. "It was at that moment that I knew we were in for a seven-hour disposition."
During a break on the day of the deposition, Olson said she called Salt Lake City police Detective Cordon Parks and told him their suspect was testifying.
"I [had] thought the deposition was a dumb idea," Parks testified on Friday. "I didn't think it was going to generate any useful information and I told [Olson] so."
Parks testified on Friday that after he received that call, he went to the courthouse and found that the doors were locked and the deposition was underway again. He left some questions with von Schwedler's family member to give to Olson.
Questions included: "Why is your DNA in Uta's bedroom?" "Where were you that night?" "When was the last time you saw Uta?"
Olson said she did receive Parks' questions — but never asked them to John Wall because they were similar to her own questions.
"I discarded them," she testified.
Defense attorney Frank Metos argued to the judge on Friday that his client's testimony in the civil deposition should not be allowed because Olson was essentially aiding the police in their investigation.
"It's clear from her testimony that one of her client's overall purposes in the litigation was to see that his father get charged and convicted of a homicide," Metos argued. "In her mind, her purpose was to aid in the investigation. In doing so, she's essentially acting on behalf of the police."
But prosecutor Matthew Janzen argued Friday that Olson was only doing her job as Pelle Wall's attorney.
"The police department at no point in time told her, 'You need to investigate this person,' or 'You need to depose the defendant,'" he said. "… She was using all the resources she could to pursue [the wrongful death] claim."
An autopsy found that von Schwedler, a 49-year-old University of Utah biologist, had high levels of the anti-anxiety medication, Xanax, in her blood and had drowned, but the medical examiner could not determine whether the death was a homicide or suicide.
A four-week trial is scheduled to begin Feb. 17. If convicted, John Wall could spend the rest of his life in prison.
The defendant will be back in court again on Feb. 4 for a hearing to resolve any outstanding matters in the case.
According to court records, the civil lawsuit has been placed on hold until the criminal case is resolved.