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NANCY GRACE

Suicide or Murder for van Schwedler`s Death?; Mom of 4 Found Dead in Overflowing Bathtub

Aired October 4, 2012 - 20:00:00   ET

THIS IS A RUSH TRANSCRIPT. THIS COPY MAY NOT BE IN ITS FINAL FORM AND MAY BE UPDATED.


NANCY GRACE, HOST: Breaking news tonight, live, Salt Lake City, the mystery surrounding the suspicious death of a university scientist, mother of four, found dead in an overflowing bathtub in her own home. Cause of death? Drowning and Xanax overdose.

Bombshell tonight. Suicide? No. Accident? No way. Why is Mommy covered in cuts and bruises to the arms, the legs, neck, even Mommy`s lips, blood found in the bedroom and bathroom? And why, I ask tonight -- why was Mommy`s bedroom and bath staged to look like suicide?

(BEGIN VIDEO CLIP)

UNIDENTIFIED MALE: Uta von Schwedler. The official cause of her death was drowning. She was found in the bathtub.

UNIDENTIFIED FEMALE: There were so many unanswered questions.

UNIDENTIFIED MALE: Police will say only that Uta von Schwedler`s death is suspicious and their case remains open.

UNIDENTIFIED MALE: Search warrant filed in 3rd district court, showed up at John Wall`s home and seized one of his vehicles, a blue Subaru. He`s never been named a suspect or even a person of interest in this case.

UNIDENTIFIED MALE: Family and friends say there is absolutely no way Uta took her own life.

UNIDENTIFIED FEMALE: She didn`t die of suicide.

UNIDENTIFIED MALE: And a large amount of Xanax in her system.

UNIDENTIFIED FEMALE: We`d all like to see justice for my sister and for my sister`s death. And we`re hoping that will come one day.

(END VIDEO CLIP)

GRACE: That day is today. Good evening. I`m Nancy Grace. I want to thank you for being with us.

Bombshell tonight, Salt Lake City, live, the mystery surrounding the suspicious death of a university scientist, a mother of four, found dead in an overflowing bathtub in her own home. Suicide? Accident? No way.

Mommy is covered in cuts and bruises to the arms, the legs, the neck, even Mommy`s lips bruised, swollen, blood in the bathroom and bedroom. How could this be an accident? Why hasn`t there been an arrest in this case? That`s what I want to know tonight.

Straight out to John Phillips joining me from KABC. John, what I want to hear about first is the crime scene because that`s going to hold all my answers.

JOHN PHILLIPS, KABC: Well, Nancy, the crime scene was a mess, as you`ve described. This is in the bathroom that actually spilled out into the bedroom in this woman`s house. She was in the bathtub with the water on. And as you described, there were bruises all over her body, her lips...

GRACE: And cuts.

PHILLIPS: ... her arms, cuts all over everywhere. There was blood, Nancy, not only in the bathtub, not only adjacent to where she was, but there was blood near the window. There was blood on the comforter in the bedroom. The blood was in two different rooms there. There was what appeared to be a struggle. There was even bloody footprints...

GRACE: Well, wait a minute.

PHILLIPS: ... Nancy...

GRACE: Let me get this straight. So...

PHILLIPS: ... in this area...

GRACE: ... the so-called accident or suicide started in the bedroom, and then she walked, sauntered into the bathroom and threw herself in the bathtub?

PHILLIPS: Right. If it was a suicide, that`s what you would have to believe. All of the physical evidence, Nancy, makes me think that there was something else that was going on here besides a despondent woman wanting to end it all.

GRACE: Well, I don`t also understand why they`re saying she`s despondent. She`s the mother of four. She`s a well-respected university scientist. She`s well known in her field. I don`t understand any reason. There`s no signs that she would have wanted to commit suicide.

Out to Aaron Rosen joining me. He`s the program director at KKAT. Aaron, what more do we know?

AARON ROSEN, KKAT: Well, thanks, Nancy. We don`t know much more other than what has been describe by Mr. Phillips. But I will say this much, that in order for her to have taken her steps from the bedroom, already with defensive cuts and then to end up in the bathroom, overflowing water that`s already running -- well, it lends itself to the investigation.

Police say it`s right now still an active and ongoing investigation. They have not named any suspects, nor have they named any persons of interest, even the ex-husband, as of yet, Nancy.

GRACE: What was the date? What was the date? She was found dead back in -- on September 27, a year ago. And tonight, there`s no arrest. Nothing seems to be happening.

You know, we`re missing a lot of the story. Out to you, Clark Goldband. Give me some more facts.

CLARK GOLDBAND, NANCY GRACE PRODUCER: OK, Nancy. Well, she was found dead in the bathtub by her boyfriend, who went into the home and thought she might have passed out. He says to a reporter he touched her, felt stiff, and that`s when authorities were called. Now...

GRACE: So wait. Whoa-whoa! Whoa-whoa! Wa-wait! Found by adult boyfriend.

GOLDBAND: Yes.

GRACE: OK, what was the nature of their relationship? Were they on good terms? You know every investigation starts with whoever discovered the body.

GOLDBAND: Yes.

GRACE: All right, who was he? Why was he there? Did he have a key? What do we know?

GOLDBAND: Nancy, according to reports, he had a key. As far as we know, they were on good terms. And according to reports, he was questioned by law enforcement as soon as he made that call. They took him down to the station and questioned him, based on local reports.

GRACE: You know, another thing with that -- unleash the lawyers. Eleanor Odom, Peter Odom, Eric Schwartzreich.

Schwartzreich, I also find it difficult to believe that, say, the boyfriend -- let`s just -- go with me on this scenario. He commits the murder, and then he comes back to the crime scene and calls police? I don`t think so. Why would he bring police attention to a dead body? Everybody knows the longer you let the body lie there, the more you lose forensic evidence.

I do not believe he would have alerted them to the dead body. I don`t believe that.

ERIC SCHWARTZREICH, CRIMINAL DEFENSE ATTORNEY: Nancy, it doesn`t really matter what you believe in this situation. Here`s the scenario. We don`t have a clue who did this. Was it Professor Plum? Was it the butcher? Was it the baker?

The bottom line with him -- there`s episodes of America`s dumbest criminals. Who knows why he would do what he did, but sometimes "S" happens. Suicide happens.

The happiest people I know are sometimes inside the saddest people out there. There`s Xanax that`s in her system.

GRACE: Put him up!

SCHWARTZREICH: It looks like a suicide. This could be nothing more than a suicide. There`s no person of interest.

GRACE: OK, I`m going to...

SCHWARTZREICH: This could be a suicide plain and simple, Nancy.

GRACE: ... go with you on that, Schwartzreich. Explain to me a scenario of suicide where she`s bleeding in the bathroom, goes into the bedroom, walks into the bathroom. The blood had saturated some of the material, like the bedspread in the bedroom. Then she goes to the bathroom. And she`s covered in cuts and bruises.

What suicide scenario can you come up with, Schwartzreich, to explain multiple cuts, multiple lacerations and bruises to be suicide?

SCHWARTZREICH: Nancy, I can come one lots of scenarios. First...

GRACE: OK, give me one.

SCHWARTZREICH: I`ll give you lots of them. First of all, we can put...

GRACE: Give me one.

SCHWARTZREICH: ... a man on the moon -- we can put a man...

GRACE: No, give me one!

SCHWARTZREICH: ... on the moon. It`s certainly plausible -- I`ll give you one, that the suicide started in the bedroom. Let`s not go from the bathroom to the bedroom because you`d expect -- the bathtub`s full. We`d have water. There`d be water saturation.

GRACE: But she ended up in the bathroom, so it went from bedroom to bathroom.

SCHWARTZREICH: OK, she ends up -- so let`s start in the bedroom, starts in the bedroom. The suicide starts in the bedroom. The cuts are there. She attempts to do it. The Xanax starts kicking in. Then she goes into the bathtub, where she dies. She could have cut herself and it could have started in the bathroom. She walks in the bathroom...

GRACE: Well, why would there be cuts all over her body...

SCHWARTZREICH: ... into the bathtub...

GRACE: ... if she were committing suicide in the bedroom? Why would there be cuts all over her legs and arms?

SCHWARTZREICH: Perhaps she wasn`t very precise at committing suicide. People cut their arms. People cut their legs. People cut veins. People do all kinds of things.

GRACE: No.

SCHWARTZREICH: People on Xanax -- people that need medication do all kinds of things. We`ll never know. This could be a suicide. As I said, "S" happens. Suicide happens. It could be nothing more than just a suicide.

GRACE: All right, OK, you know, Eleanor, I just wanted to hear that scenario before we deal with reality. Here`s the deal. Her lips were even swollen and bruised. Somebody forced Xanax down her throat. That`s why her mouth -- even Mommy`s mouth was bruised and swollen. High level of Xanax in her system. Why? Cuts all over her arms and legs, bruises to the neck and lips.

You know, there is no logical scenario, Eleanor, under which she could have tried to commit suicide and bruised her own neck.

ELEANOR ODOM, PROSECUTOR: That`s exactly what I was going to say. You`re not going to injure yourself or hurt yourself enough on purpose to cause bruises not only on your mouth, but your neck, all over your body. That`s ludicrous.

But you know, this is the typical defense argument we hear, so they can just try to explain away some situation. This is an intentional infliction of trauma.

GRACE: Joining me right now is a very special guest. It is Uta`s sister. Anna von Schwedler is with us. The family has been extremely distraught. We`ve been watching the case. And it is now one year almost to the day, and nothing has been done.

Joining me right now in addition to her sister is a very dear family friend, Klaus Fiebig. Klaus, thank you for being with us. What is the reaction amongst her family and friends regarding this case?

KLAUS FIEBIG, FAMILY FRIEND (via telephone): Well, I think her family and friends are -- they can`t believe that this is a suicide, so there has to be somebody out there that has done and murdered Uta.

GRACE: Why do you say that? Why do you say this cannot be a suicide?

FIEBIG: Because Uta was somebody who loved life. She had planned a trip to San Diego in the near future, before this happened. And she was the opposite of the type of person who could ever kill herself.

GRACE: You`re taking a look at a mother of four, found dead in an overflowing bathtub, covered in cuts and bruises. Even her lips were bruised and swollen. She had an overdose of Xanax, yet her neck was covered in bruises.

And isn`t it true, Dr. Harshbarger, that you can absolutely tell by looking at a neck whether it was a ligature strangulation, such as when someone tries to hang themselves, or a manual strangulation attempt?

DR. KENT E. HARSHBARGER, MEDICAL EXAMINER (via telephone): That is true. We can tell the difference between a ligature, something wrapping the neck and making that impression, versus hands squeezing the neck that way.

GRACE: So we absolutely know that she did not try to ligature strangle or hang herself. Now, why the bruising to the neck? Why were her lips bruised and swollen? Why was she covered in cuts and bruises and left to die in an overflowing bathtub? And why tonight no arrest?

(COMMERCIAL BREAK)

(BEGIN VIDEO CLIP)

UNIDENTIFIED MALE: Uta von Schwedler.

UNIDENTIFIED MALE: The U of U scientist was found dead in the bathtub of her Salt Lake home.

UNIDENTIFIED FEMALE: She died a violent death.

UNIDENTIFIED MALE: Family and friends say there is absolutely no way Uta took her own life.

UNIDENTIFIED FEMALE: She didn`t die of suicide.

UNIDENTIFIED MALE: The official cause of her death was drowning.

UNIDENTIFIED FEMALE: I believe it was premeditated.

UNIDENTIFIED MALE: Potential evidence includes bloody footprints located in her sister`s home. Von Schwedler`s ex-husband, John Wall, was questioned immediately afterwards.

UNIDENTIFIED MALE: Police had seized and searched John Wall`s car looking for, quote, "blood."

UNIDENTIFIED FEMALE: I`m glad they did something.

(END VIDEO CLIP)

GRACE: We are taking your calls nearly one year to the day when this university scientist, mother of four, was found dead in an overflowing bathtub, her mouth bruised and swollen. She`s covered in bruises and lacerations. Why? Her son says he knows who the killer is. Yet there is no person of interest and no suspect named.

Straight out to Alexis Weed. Alexis, what happened in the hours leading up to her death, apparently?

ALEXIS WEED, NANCY GRACE PRODUCER: Well, Nancy, one thing of note I wanted to point out, too, is that the ex-husband -- he was interviewed by police after Uta was found dead by the boyfriend. And he had told police, allegedly, that he didn`t know where the "F" -- this is a quote -- where the "F" he was the night that Uta was killed.

GRACE: You`re talking about the ex-husband, the father of the four children, the bio dad?

WEED: Right. Yes.

GRACE: OK. And his response is what?

WEED: He said, I don`t know where the "F" I was, to police, allegedly.

GRACE: OK. So the mother of your four children is dead, and when police say, OK, where were you, he goes, I don`t know where the (EXPLETIVE DELETED) I was.

WEED: Right.

GRACE: That`s his answer?

WEED: Right.

GRACE: That`s what he tells police?

WEED: Right. And police noticed, as did his co-workers, that he had scratching on his forearms, also had an abrasion on his eye and also had some internal bleeding on the white part of his eye.

GRACE: Joining me right now is another special guest. It is Fred Metos, John Wall`s criminal attorney. Fred, thank you for being with us.

FRED METOS, JOHN WALL`S ATTORNEY (via telephone): Hi. Thank you for having me.

GRACE: Fred, why would he say such a thing when police ask him the innocent question as to where was he?

METOS: Well, I haven`t seen the entire context of the interview, and it`s my understanding he also told them that he had been at home. It was a lengthy interview, and without seeing in what context he made that statement, I can`t answer that.

The other thing that I`m getting very disturbed about is your description of the crime scene. And it`s a gross exaggeration to say that she was covered in cuts and bruises. There were three cuts on the left wrist, one superficial cut that was 1.6 centimeters long, a small sharp injury that was .6 of a centimeter long, about .3 of a centimeter deep, then a larger irregular cut that was 3.5 by .9 centimeters.

Those are all on the inside or the flexor side of the wrist, which is consistent where people attempt to commit suicide.

(CROSSTALK)

METOS: Let me finish, please. There was one other cut on her lip (ph).

GRACE: Well, you`ve gone on for so long uninterrupted. But also, police say that those wounds are consistent with defensive wounds, that she was fighting someone, did they not?

METOS: The medical examiner said they could be. The research I`ve done and my experience in criminal defense is that, generally, with defensive wounds, you see them on the hands or on the front part of the arms, as if you`re defending yourself in a knife attack. There is also...

GRACE: Whoa! wait a minute.

METOS: ... another cut on the lower...

GRACE: Wait a minute!

METOS: ... leg that`s not consistent with...

GRACE: Wait a minute, sir! Hold on. Your experience -- it`s my understanding you`ve got a very good reputation as a criminal defense lawyer. You have a JD, do you not?

METOS: I do.

GRACE: Not to be confused with an MD, a medical doctor. And the medical examiner says these wounds are consistent with defensive wounds. Could you explain to me why there was bruising and swelling to her mouth?

METOS: There`s no indication of swelling to the mouth. The medical examiner`s report indicates that on the lower lip, there were some minor contusions just outside the -- the -- what`s the vermillion (ph) border, which I understand is the inside of the lip, and they measure .2 of a centimeter in the greatest dimension.

GRACE: And your explanation...

(CROSSTALK)

GRACE: I appreciate that. I can read very well from the medical examiner`s report. But I`m asking you, under a theory of suicide, why would there be bruising to her mouth?

(COMMERCIAL BREAK)

(BEGIN VIDEO CLIP)

UNIDENTIFIED FEMALE: I`ve cried for three days.

UNIDENTIFIED MALE: She learned about cuts on Uta von Schwedler that could be considered defensive wounds.

UNIDENTIFIED FEMALE: And that for us was very -- very, very good evidence to us, you know, our mind, that she didn`t die of suicide but that she died of a violent death.

(END VIDEO CLIP)

GRACE: Joining me right now is the ex-husband`s lawyer. His name, Fred Metos, joining me from Salt Lake City.

I understand that your interpretation of the medical examiner`s report, which I`ve got in my hand, is very different from mine. My question to you is, why did police seize your client`s vehicle and cut out fabric out of the vehicle? And why after the death of his ex-wife, did he, even though witnesses say the car was clean, insist on a detailing, specifically a pinkish stain?

METOS: I can`t answer why he insisted on a detailing. I do know that the police ran a luminol test on the car, and the pinkish stain was not consistent with blood.

GRACE: A six-inch...

METOS: They have had plenty of time to...

GRACE: ... pink-colored stain.

METOS: ... test -- to do DNA testing on the car. And so far -- and I`m assuming if it had come up positive for Ms. von Schwedler`s blood, he would have been charged already.

GRACE: You know, it`s amazing how after your ex-wife dies, you immediately turn into a neatnik.

(COMMERCIAL BREAK)

(BEGIN VIDEO CLIP)

UNIDENTIFIED MALE: Uta von Schwedler. The official cause of her death was drowning. She was found in the bathtub.

UNIDENTIFIED FEMALE: There were so many unanswered questions.

UNIDENTIFIED MALE: Police will say only that Uta von Schwedler`s death is suspicious and their case remains open.

UNIDENTIFIED MALE: Search warrant filed in 3rd district court, showed up at John Wall`s home and seized one of his vehicles, a blue Subaru. He`s never been named a suspect or even a person of interest in this case.

UNIDENTIFIED MALE: Family and friends say there is absolutely no way Uta took her own life.

UNIDENTIFIED FEMALE: She didn`t die of suicide.

UNIDENTIFIED MALE: And a large amount of Xanax in her system.

UNIDENTIFIED FEMALE: We`d all like to see justice for my sister and for my sister`s death. And we`re hoping that will come one day.

(END VIDEO CLIP)

GRACE: We are taking your calls. It`s nearly one year to the day now that Uta`s body was found covered in bruises. Bruising around her mouth, her lips, an overdose of Xanax.

With me is her ex-husband`s defense lawyer, Fred Metos.

Fred, so is it your theory then that this was an accident or a suicide?

METOS: From the medical examiner`s report, the medical examiner says that it appears to be a suicide. I think the knife wounds or the sharp force injury wounds are consistent with a suicide. The Xanax overdose is consistent with a suicide. It looks to me as if it was at least an attempted suicide and maybe slip and fall into the bathtub.

GRACE: Well, as I`m reading the medical examiner`s report, and I state verbatim in response to your claim that he says it was a suicide, he says the atypical nature of her inflicted wounds, neck injuries, investigative findings while consistent with suicidally questions as to the exact scenario, the manner of death remains undetermined.

You know what`s interesting is you`re completely leaving out the fact that there was a knife found under her body, Mr. Metos.

METOS: Well, that`s consistent with her carrying the knife with her. She inflicted -- if she inflicted the injuries with that knife before she went to the tub, you know -- you know, that would explain why the knife is there.

GRACE: Uh-huh, OK. I want to go to you, Clark Goldband. And then I`m going to Uta`s sister.

Clark Goldband, was there a confrontation between Uta, the mother of four, and the bio-dad just before she is found dead?

GOLDBAND: According to the father`s now estranged son, yes, there was. It was a few hours before she was found dead. According to the son, about 6:00 p.m. that night apparently Uta had just filed some paperwork with the court a few days prior, seeking to change her custody agreement. She apparently tried to talk to her ex-husband --

GRACE: Wait, wait. Don`t -- don`t tell me she`s trying to change her custody agreement. Because, Clark Goldband, you know that begs the question, what did she want changed in the custody agreement?

GOLDBAND: Our understanding from seeing all the articles and talking to some people familiar with the situation is that she wanted more time with her kids.

GRACE: All right. So she wants more -- more time with her children. And then what happens?

GOLDBAND: And apparently as the husband is driving -- or her ex-husband is driving away with the four kids in the car, according to the 18-year-old son she tried to confront him about the change in a possible agreement, a possible change. He rolls up her window and according to the son, allegedly turns around to the kids and say, life would be easier without Uta. Something to that effect, according to reports.

GRACE: Joining me right now is Uta`s sister, Anna.

Anna, thank you so much for being with us. Apparently, the beliefs of her children don`t matter because her son is convinced, he says, that his own father killed his mother. His father, not a suspect or named a person of interest at this time.

Anna, what do you recall and what are your thoughts on your sister`s death? Do you believe it was a suicide?

ANNA VON SCHWEDLER, SISTER OF UTA VON SCHWEDLER: No, no, no. No. I`m pretty sure that she would never have committed suicide. I know that she never took the drug Xanax at all. There was no bottle, no prescription found in her house. And no, no one in the family thinks that she committed suicide. We know that she wouldn`t do that.

GRACE: Why do you say that? Here she is in the fight of a lifetime, trying to see more of her children. And you know, I don`t know, Anna, if you are a mother but I can tell you there`s no way that I would willingly leave my children behind. I don`t care what`s going on. Leave them behind to be raised without a mother? No.

VON SCHWEDLER: Yes. I witnessed her -- I visited Uta in August shortly before her death. And we visited her with my family and we talked about this new custody evaluation which she -- that she started to bring up to court. We talked about that hours and hours at that time. Lots of time. And I -- and she was very happy. I witnessed her, how happy she was that she brought it to the court when we were there. We talked about that every day.

GRACE: We are taking your calls. And with me is Uta`s sister, Anna. Question. You`re saying that she never took Xanax. There was no prescription found at the home. Her husband has a defense lawyer. Her ex- husband for some reason has hired a criminal defense lawyer even though he is not named as person of interest.

Would you, Anna, describe the wounds all over your sister`s body as being minimal? That they were evidence of a suicide?

VON SCHWEDLER: No, not at all. I would believe all the things that we were told about what might have been happening at her house do not show that she committed suicide. So she had wounds and bruises on her body and she had, and the clothes were lying next to her bath. And the photo album of the youngest girl was floating in her bathtub together with her. The (INAUDIBLE) was lying on the ground of her bedroom. It looks like applied. And I don`t know how much evidence the police need to say that this was a place of a homicide.

GRACE: Well, Anna, you mentioned the photo album of the youngest daughter floating in the bathtub. What is the significance in your mind of that photo album being in the bathtub, overflowing with your sister`s dead body?

VON SCHWEDLER: I know that Uta and her ex-husband fought about these photo albums for a long time. Uta made these photo albums with so much love. To put them together and everything. And she didn`t want to give them to him because she knew it is a messy house where he is living and she wanted to have them back properly to keep them for her children. And she would have never, never, never ever taken the photo album of one of the children into the bathroom.

(COMMERCIAL BREAK)

GRACE: Back in 90 seconds. But first, we remember Marine Sergeant Christopher Hrbek, 25, Westwood, New Jersey. Bronze Star, Purple Heart. Firefighter. Loved jet skiing, dogs, Guinness and Jersey. Parents, Richard, Sheryl, stepparents, Gayle, Jamie, sisters, Amy, Laura, Noel, brothers, Jerry, James, Barack Obama.

Christopher Hrbek, American hero.

Back in 60 seconds.

(COMMERCIAL BREAK)

(BEGIN VIDEO CLIP)

UNIDENTIFIED REPORTER: Salt Lake police will say only that their investigation into this suspicious death remains open. After his mother`s death, Pelle Wall says his father displayed disturbing behavior which made him afraid for his safety. He filed his juvenile court petition seeking to get his siblings out of their father`s home.

(END VIDEO CLIP)

GRACE: One of his sons seeks to have the other siblings removed from the ex-husband`s home.

Joining me right now is Uta`s sister, Anna.

Anna, why did one of her biological children ask to be removed from the ex- husband`s home?

VON SCHWEDLER: Because Pelle was very afraid of his father. He moved out as soon as he turned 18. He moved out of the house and tried to protect his siblings. Because he was afraid of him. He was afraid of his father.

GRACE: Why? Why was he afraid of his father, Anna?

VON SCHWEDLER: He had a very -- Pelle had told us when his father got back from the police where he was interrogated after Uta`s body was found, and he was in a very disturbed mood. He was out of his mind. And he -- when he came back, the police did not inform anyone about the children, someone like a social worker or family or friends, although the police saw him, saw John Wall being very irritated and out of his mind and very disturbed in everything he said. And so he made some really strange comments to the children. And --

(CROSSTALK)

GRACE: Like what? What were the comments he made?

VON SCHWEDLER: Like something he asked the children, what do you think? Could I have murdered Uta? And something like that.

GRACE: So OK. Even though he has not been named a suspect -- out to his lawyer, John Wall, he asked his own children, could I have murdered your mother?

METOS: Yes, I`m not sure what the situation was there. And I -- at this point, commenting on what Mr. Wall said may -- may possibly violate a privilege. I have not seen the reports.

(CROSSTALK)

GRACE: What he said to his children?

METOS: Pardon?

GRACE: How does what he said to his children violate a privilege?

METOS: No. His comment on why he said it or the context of it may violate a privilege.

GRACE: OK.

METOS: And I`m not sure of what the situation was there other than he was extremely distraught and was ultimately taken and treated for depression.

GRACE: Did he have a prescription for Xanax?

METOS: My understanding is in May, he had ordered a prescription for his mother. His parents have indicated they received that in May of 2011. Some four or five months before the death of Uta.

GRACE: So while Uta is not prescribed or owns Xanax, your client does have access to Xanax.

METOS: Some five months earlier.

GRACE: OK.

METOS: And his parents received the prescription.

GRACE: And there was bruising around her mouth. All right.

Everyone, we are taking your calls. Out to the lines. Fred in Oregon. Hi, Fred, what`s your question?

FRED, CALLER FROM OREGON: Hi, Nancy. Thanks for taking my call. My question is, didn`t this woman have a boyfriend? Has he been questioned? And why are the children so convinced it was their dad?

GRACE: Well, it`s my understanding that the boyfriend, Nils Abrams, has been cleared.

Out to Anna, the sister. Has the boyfriend been cleared? He`s the one that called police, correct?

VON SCHWEDLER: Yes.

GRACE: Yes, the boyfriend has been cleared. OK. Let me ask you another question. Anna, again, thank you for being with us. The victim`s sister is joining us. Were police able to get any DNA, for instance, from the walls in the home?

VON SCHWEDLER: Yes, I was told so. That they took samples of DNA from all the male people. From John Wall and from his two sons.

GRACE: Did they find DNA in the home?

VON SCHWEDLER: Yes. We were told in April by one of the police officers that they found blood and DNA on one of the pillow cases, from Uta`s bedroom. And the only thing we were told by the police, that it should have been male Wall DNA. But they didn`t -- there haven`t been any more testing since then. They didn`t differentiate between one of the three children.

GRACE: So you`re telling me the DNA on the wall was a male in the Wall family?

VON SCHWEDLER: Yes. That is right. Mm-hmm. This is what he told us. They could say it is male blood, or male DNA from one of the three Wall people.

GRACE: Let me ask you, Anna.

VON SCHWEDLER: From the ex-husband --

GRACE: Why do you believe police are dragging their feet in the death of your sister? Why are they not pursuing this case?

VON SCHWEDLER: I don`t know. Perhaps they made so many mistakes in the beginning that they are lying to us now to hide their own incompetence.

(COMMERCIAL BREAK)

(BEGIN VIDEO CLIP)

VON SCHWEDLER: We would all like to see justice for my sister and for my sister`s death. And we hope that come one day. But the immediate worry are the children`s -- is the children`s well being and their safety.

(END VIDEO CLIP)

GRACE: We are taking your calls. Nearly a year now that this mother of four, a university scientist, was found dead covered in bruises and lacerations, including bruising to the mouth. She did not have Xanax nor a prescription to it but had an overdose in her body. And in the tub there was a knife and a beloved photo album she had created of her daughter. Yet no arrest.

To Alexis Weed, is it true the family is upset about how the crime scene was handled, including that one of the friends of the ex-husband, a cop, took the photo album with him?

WEED: Right. So, Nancy, that photo album that we talked about that was dedicated to one of Uta`s children that was found in the bathtub with her body, that photo album when cops arrived one of those cops was a friend of Uta`s and that friend cop said well, I`ll just take this album home and I`ll dry it out because she knew how important it was to the family.

But Uta`s family has said, wow, that`s a real misstep. They would have really liked to have seen that album observed for finger prints as well as the shelf where the album would have come from.

(COMMERCIAL BREAK)

(BEGIN VIDEO CLIP)

UNIDENTIFIED MALE: Uta Von Schwedler.

UNIDENTIFIED REPORTER: The University of Utah scientist was found dead in the bathtub of her Salt Lake home.

VON SCHWEDLER: She died a violent death.

UNIDENTIFIED REPORTER: The family and friends say there is absolutely no way Uta took her own life.

VON SCHWEDLER: The didn`t die of suicide.

UNIDENTIFIED REPORTER: The official cause of her death was drowning.

VON SCHWEDLER: I believe it was a premeditated --

UNIDENTIFIED REPORTER: Potential evidence includes bloody footprints located in her sister`s home. Von Schwedler`s ex-husband, John Wall, was questioned immediately afterwards.

UNIDENTIFIED REPORTER: The police had seized and search John Wall`s car looking for, quote, "blood."

VON SCHWEDLER: I`m glad they did something. There was so many unanswered questions.

UNIDENTIFIED REPORTER: Police will only say that Uta Von Schwedler`s death is suspicious and their case remains open.

UNIDENTIFIED REPORTER: Search warrant filed in Third District Court showed up at John Wall`s home and seized one of his vehicles. A blue Subaru. He`s never been named a suspect or even a person of interest in this case.

UNIDENTIFIED REPORTER: Family and friends say there is absolutely no way Uta took her own life.

VON SCHWEDLER: She didn`t die of suicide.

UNIDENTIFIED REPORTER: And a large amount of Xanax in her system.

(END VIDEO CLIP)

GRACE: Out to Uta`s sister Anna, why did she get a divorce in the first place?

VON SCHWEDLER: Because she couldn`t live with this man anymore, I think. She -- we talked about that many times. He was depressive and he didn`t take his medication. And she couldn`t live -- she couldn`t stand it anymore.

GRACE: Peter Odom, let`s hear your side.

PETER ODOM, DEFENSE ATTORNEY: Nancy, the reason -- police are not dragging their feet on this case. They`ve apparently done a brief diligent job about collecting evidence. The problem is that the evidence is ambiguous. Nothing categorically points to murder. And that`s the reason they can`t make an arrest at this point.

GRACE: Well, maybe not to you. Steve Kardian, what do you think b?

STEVE KARDIAN, FMR. POLICE DETECTIVE, SELF-DEFENSE EXPERT, LEAD INSTRUCTOR AT DEFEND UNIVERSITY: Nancy, I think that law enforcement investigated this crime as a suicide prematurely, when in fact it was a homicide. After reading the affidavit, everything screams out homicide investigation.

GRACE: Eleanor?

E. ODOM: Totally agree. And I find it very disturbing that the police, although trying to be kind hearted, took a piece of evidence, a potential piece of evidence that photograph album and decided oops, this isn`t evidence. I`m just going to take it and keep it for safekeeping for the family.

GRACE: You know, what`s extremely disturbing to me, Eleanor, usually children even adult children will not believe one of the parents killed the other. They just can`t mentally and emotionally take that in. But here you`ve got one of the sons so convinced the ex did the killing that he petitions the court to have his siblings removed from his father.

E. ODOM: That just sends a huge message, Nancy. Remember kids see and hear a lot more than their parents or the adults think they do. And it just makes me wonder what he heard over the years, what he observed, that gives him such grave concerns now.

GRACE: Out to you, Rachel Kent.

RACHEL KENT, NANCY GRACE SOCIAL MEDIA PRODUCER: Nancy, people on social media are really torn on this. They`re either -- they think that maybe she was a drug addict. She had Xanax in her system. Other people think maybe the husband or estranged husband didn`t do it.

GRACE: Out to John Phillips, KABC. John, what is the status of the investigation?

PHILLIPS: Well, right now it`s up to the friends of Uta to keep the pressure on the police. I agree with what has been previously said. There`s --

(CROSSTALK)

GRACE: The Salt Lake City police?

PHILLIPS: That`s right. The police investigating this crime. There needs to be pressure. There`s two billboards up right now, Nancy, including one right over this guy`s house. Keep the pressure on.

GRACE: Everyone, "DR. DREW" up next. I`ll see you tomorrow night 8:00 sharp Eastern. And until then, good night, friend.

END