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Throw out statements Dr. John Wall made after ex-wife's death, defense asks

Published: Monday, March 24 2014 10:52 p.m. MDT

John Brickman Wall, 49, enters 3rd District Court in Salt Lake City on Oct. 3, 2013. Wall pleaded not guilty to murder and aggravated burglary in the 2011 death of his ex-wife, Uta von Schwedler.

Rick Egan

SALT LAKE CITY — The morning after Dr. John Wall learned his ex-wife had died and the pediatrician underwent police questioning, friends who responded to the home said he was distraught and incoherent and then calm and rational.

"It was a night and day difference in behavior and how he was speaking and acting," Andrea Brickey testified in 3rd District Court Monday. "I felt like he went from extremely upset to very calm and cool and collected. It was two different people — one was very upset and then the next thing I know he was very calm and ready to go."

Attorneys for the 50-year-old man, who is accused of killing Uta von Schwedler, are asking a judge to suppress statements he made to police, his children and friends, arguing that they were "involuntarily given" and coerced by officers who badgered him, lied to him and manipulated him.

Third District Judge Denise Lindberg heard arguments on the motion Monday.

Wall, 50, has been ordered to stand trial for murder and aggravated burglary in the death of his ex-wife. The 49-year-old 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 that kept the medical examiner from ruling out the possibility of suicide.

The night von Schwedler's body was discovered, Salt Lake police went to Wall's home around 10 p.m. and asked him to accompany them to the police department, according to a memorandum filed by Walls' attorneys, Fred Metos and Howard Lundgren.

Officer George Pregman testified that he monitored and stayed with the doctor, making small talk until he was relieved by other officers.

"I was under the impression he was a witness so I was trying to be courteous and make him comfortable and answer questions as best I could when he posed them to me," Pregman said, adding he did not tell Wall why he was at the department. "He seemed kind of aloof, unsettled … he just seemed kind of off, just kind of confused maybe."

Defense attorneys say Wall was placed in a 9-foot square room and made to wait for an hour before detectives came in to inform him that his ex-wife had died.

"The video recording reflects that the defendant was visibly shaken by that news," the defense motion states. "(Wall) asked the detectives questions to make sure they are talking about Uta von Schwedler. He then asked if she was on her bike when she died. The detectives stated that she had died under suspicious circumstances in her home."

The defense claims the officers told Wall someone else was responsible for her death before they read him his Miranda rights. "The detectives then quickly turned the focus of the interrogation to the defendant's actions and statements" in an interview that lasted until 4 a.m.

The memorandum alleges that the detectives repeatedly accused Wall of lying about a scratch on his eye, told him a witness had seen him at von Schwedler's home and told him that medications Wall was taking for depression could "cause him to have selective memory and that he could do things and commit acts that he would have no memory of."

The officers knew the statements about the medications were not true, the defense attorneys argue, and that the claim about a witness seeing him at his ex-wife's home was a "lie" that was repeated "approximately 30 times" during the interrogation.

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