On the evening of December 21, 1980, while celebrating Christmas with her family at their mansion, Clarendon Court, in Newport, Rhode Island, she again displayed confusion and lack of coordination. She was put to bed by her family, but in the morning she was discovered unconscious on the bathroom floor. She was taken to the hospital where it became clear that this time she had suffered severe enough brain injury to produce a
persistent vegetative state. Although clinical features resembled a drug overdose, some of the laboratory evidence suggested
hypoglycemia. The Court of Appeal ordered disclosure of the notes taken by the Auersperg children's attorney. These showed that Claus von Bülow did not want to terminate life support, as had been alleged. Because of the increased marital tensions between Claus and Sunny von Bülow in the fall of 1980, her children were suspicious that her brain injury was the result of foul play by him. Her two eldest children persuaded
Richard H. Kuh, the former New York County District Attorney, to investigate the possibility Claus von Bülow had attempted the murder of their mother. After the gathering of evidence, Rhode Island prosecutors presented the case to a grand jury who returned an indictment, and in July 1981, he was charged with two counts of attempted murder.
First trial The case attracted nationwide publicity in the United States. The trial began in February 1982. Evidence presented by the prosecution consisted of circumstantial evidence, imputation of financial motive, extensive testimony by various maids, including Maria Schrallhammer who was a prominent witness at both trials, chauffeurs, doctors, and personal exercise trainers, a black bag with drugs, and a used syringe, reported to contain traces of insulin, found in Claus von Bülow's mansion. There was much evidence of excessive use of sedatives, vitamins, and other drugs by her, including testimony of alcohol and substance abuse problems. Harvard endocrinologist
George Cahill testified that he was convinced that her brain damage was the result of injected
insulin. Claus von Bülow was convicted. Dershowitz and his other attorneys produced evidence of Sunny von Bülow's excessive drug use, including testimony by both
Truman Capote and
Joanne Carson (second wife of
Johnny Carson) and more than ten of Sunny's friends. Some of the expert witness testimony was excluded as hypothetical or hearsay. Additional expert witness testimony cast doubt on the validity of evidence that a syringe contained traces of insulin. The appeals court quashed the conviction on several grounds, including the appellate court's ruling that justice for the accused should override attorney–client privilege; and that therefore the notes taken by Kuh, the Auersperg children's attorney, should be disclosed. These notes called into question the credibility of her maid, Ms. Schrallhammer, who had been a key witness for the prosecution. At the second trial the defense called nine medical experts, all world-renowned university professors, who testified that the two comas were not caused by insulin, but by a combination of ingested (not injected) drugs, alcohol, and her chronic health conditions. The experts were John Caronna (vice chairman of neurology,
Cornell);
Leo Dal Cortivo (former president, U.S. Toxicology Association); Ralph DeFronzo (medicine,
Yale); Kurt Dubowski (forensic pathology,
University of Oklahoma);
Daniel Foster (medicine,
University of Texas); Daniel Furst, (medicine,
University of Iowa); Harold Lebovitz (director of clinical research,
State University of New York);
Vincent Marks (clinical biochemistry, Surrey, vice-president
Royal College of Pathologists and president, Association of Clinical Biochemistry); and Arthur Rubinstein (medicine,
University of Chicago). Other experts testified that the hypodermic needle tainted with insulin on the outside (but not inside) would have been dipped in insulin but not injected (injecting it in flesh would have wiped it clean). Evidence also showed that her hospital admission three weeks before the final coma showed she had ingested at least 73 aspirin tablets, a quantity that could only have been self-administered, and which indicated her state of mind. Cahill recanted his testimony from the first trial and opined that insulin was the most reasonable explanation for von Bülow's coma, but that "neither he nor anyone else could ever be 100 percent certain of the cause of the comas."
Aftermath Sunny's family remained convinced that her husband had tried to murder her and was upset that Cosima had chosen to take her father's side. As a result, in 1981, Sunny's mother, Annie Laurie Aitken, disinherited Cosima, denying her share of the estate upon Aitken's death on May 4, 1984. In July 1985, ten days after Claus von Bülow was acquitted at his second trial, Ala and Alexander filed a $56 million civil lawsuit against him, on their mother's behalf. On December 24, 1987, this case was settled out of court when Claus von Bülow agreed to divorce her, give up all claims to her fortune, then estimated between $25 million and $40 million, and leave the country. In exchange, Cosima was reinstated in Aitken's will and received $30 million as her one-third share of the estate. in
Fort Worth, Texas, now the National Center for Victims of Crime in Washington, DC, and the Sunny von Bülow Coma and Head Trauma Research Foundation in New York. She is buried in
St. Mary's Episcopal Churchyard in
Portsmouth, Rhode Island. The name on her gravestone is "Martha Sharp Crawford". ==In popular culture==