Unger found guilty of wife's murder - Michigan
scooter34
earlier articles. They were divorcing, and went away for a weekend in
Northern Michigan with their kids. IIRC, she fell over a railing on a
deck 12 feet onto concrete, and then ended up several feet away in the
lake, where she actually drowned. His conduct was the damning thing,
probably - according to testimony, he never looked for her and was
packing the car to leave when she was found. (I could be overstating
this, as I am relying on memory.)
Anyway, a troubling case for me - it's hard to sentence someone for
life when there's a possibility that it was an accident. I'll try to
track down some more info later. From the June 22 Detroit Free Press:
scooter34
HE KILLED HER, JURY SAYS: Panel believes Unger must have moved his
wife's body
June 22, 2006
Convicted of first-degree murder in the death of his wife, Mark Unger
of Huntington Woods will be sentenced at a later date, though his
lawyer is considering an appeal. If his conviction stands, he will be
sentenced to a mandatory life prison term without any chance of parole.
No sentencing date has been set, and Unger will remain in the Benzie
County Jail until the sentencing is held.
BEULAH -- Florence Unger's death was no accident.
Though that's what her husband, Mark Unger, maintained throughout his
two-month-long trial, a Benzie County jury couldn't reconcile that
claim with the fact that her body -- after falling 12 feet from a deck
onto a concrete slab -- somehow ended up 3 feet away, on the other side
of a break wall, lying in a northern Michigan lake.
On Wednesday, after four days of deliberations, the six-woman, six-man
jury convicted Mark Unger, 45, of Huntington Woods of first-degree
murder, a victory for the prosecution team, which had pursued him since
Florence Unger's death near a resort cottage in October 2003.
Juror Lucinda McGregor, 50, said after the verdict that the rest of the
panel believed Mark Unger had moved his wife from the concrete slab at
the Watervale resort into Lower Herring Lake: There was no other way
for her body to get there, she said.
"How else could a person have gotten into the water?" said McGregor of
Thompsonville. "We strongly believe in what we came up with. Because
he's guilty."
Juror David Anthony, 53, of Beulah said he agreed with McGregor that
somebody must have moved Florence Unger into the water.
Jurors also were struck by evidence that there was blood on the
concrete beneath the balcony, Anthony said.
Although their case was largely based on circumstantial evidence,
prosecutors had argued during the trial that Unger had killed his
37-year-old wife because she had sought a divorce. Their two children
-- Max, now 12, and Tyler, now 9 -- were at the cottage when their
mother died.
Florence Unger's mother, Claire Stern, clutched her husband's arm, bit
her lip and stared at the ceiling as she heard the word "guilty" about
3 p.m. Wednesday. Later, her hands shook and her voice trembled as she
read a prepared statement to the media in front of the courthouse.
"Thank you, God. Justice is served," she said. "Today, all people with
noble hearts can raise the banner of justice that our child can rest in
peace, in the loving arms of God, forever."
Unger did not testify during the trial. He showed little emotion when
the verdict was read and was led from the courthouse in handcuffs.
A first-degree murder conviction carries a mandatory life prison
sentence without parole. Unger's lawyer Robert Harrison said he will
appeal.
Mark Unger's mother, Bette Rosenthal of Islamorada, Fla., attended the
trial from the beginning. She said she felt disbelief when the guilty
verdict came in.
"My son is innocent; he would never hurt anyone," she said. "I think
the world knows that, except for those people."
Police officers had believed that Unger snapped, thrust his wife over
the deck railing and later dragged her alive, but unconscious, into the
lake to drown her. Her body was found Oct. 25, 2003.
Lawyers on both sides of the nine-week trial presented more than 200
pieces of evidence and called pathologists to testify with dueling
theories. Dr. Stephen Cohle of Kent County, who performed the autopsy,
contended that a head injury killed Florence Unger but did not
completely rule out drowning.
Oakland County Medical Examiner Dr. L.J. Dragovic, after reviewing the
case, had concluded Florence Unger died of drowning and classified her
death as a homicide. "Bodies do not walk into the water, and bodies do
not bounce," he said when contacted in France, where he is vacationing.
"There was no possibility for her to take herself into the water. She
would have been injured so badly by the impact to her head that she
would have been rendered instantaneously unconscious."
Assistant Attorney General Prosecutor Donna Pendergast said she thought
the medical evidence warranted the first-degree murder conviction.
"Obviously, our team always thought this was a case worth fighting
for," said Pendergast, a former Oakland County assistant prosecutor.
State Trooper Rick Doehring, who worked on the case, said he never
doubted the existence of premeditation. He gathered with Pendergast and
other police and prosecutors at a Frankfort tavern Wednesday to
celebrate the verdict.
"That was a very smart jury," Doehring said. "Florence Unger was
injured, and he put her in the water to cover his tracks."
Harrison, however, left the courthouse baffled. He had labeled the
prosecution's case as weak, ridiculous and full of reasonable doubt.
"Only the jurors can explain why they voted to convict on a case with a
defense as powerful as ours," he said. "But they did what they did, and
I can only tell you that this is not the end for Mark Unger."
He said Unger was "as stunned as we were" with the verdict.
"We're just going to be with him and support him and let him know that
this is not the end," said Harrison, who is planning an appeal.
Benzie County Circuit Judge James Batzer remanded Unger to the Benzie
County Jail until sentencing at a later date.
Jurors agreed not to speak to the media as a group immediately after
the verdict, and sheriff's deputies escorted them to their cars.
McGregor spoke later by phone, saying she feels terrible for the Unger
children.
"I just hope those kids can get on with their lives," she said.
Defense lawyers portrayed Florence Unger as a troubled woman who was
caught up in an affair with Glenn Stark, one of her husband's friends
in Huntington Woods, where they lived. They claimed Unger learned of
the affair after his wife's death.
Although Florence Unger apparently kept the affair secret, she told
friends she was unhappy in her marriage. Mark Unger, a former radio
broadcaster, had battled drug and alcohol addictions and acquired large
gambling debts.
Contact BEN SCHMITT at 313-223-4296 or bcsc...@freepress.com. Staff
writer Julie Edgar contributed.
tiny dancer
"scooter34" <momofpe...@netscape.net> wrote in message
news:1150981031....@y41g2000cwy.googlegroups.com...
> This has been an interesting case, and I can't remember if I posted
> earlier articles. They were divorcing, and went away for a weekend in
> Northern Michigan with their kids. IIRC, she fell over a railing on a
> deck 12 feet onto concrete, and then ended up several feet away in the
> lake, where she actually drowned. His conduct was the damning thing,
> probably - according to testimony, he never looked for her and was
> packing the car to leave when she was found. (I could be overstating
> this, as I am relying on memory.)
>
> Anyway, a troubling case for me - it's hard to sentence someone for
> life when there's a possibility that it was an accident. I'll try to
> track down some more info later. From the June 22 Detroit Free Press:
>
> scooter34
I do remember you posting about this case. IIRC, it seemed like just about
everything he did was suspicious in nature. I'm with the jury, her body
somehow got into the water. It didn't *bounce* there. And she wanted a
divorce, a lightening rod if there ever was one, it seems. Perhaps he
either found out about her affair, or she told him that she still wanted the
divorce, that she was seeing someone else.
td
Nancy Rudins
The jury deliberated for four days; apparently they had the same
question you have.
Kind regards,
Nancy
--
Live life like making pudding. Cook, then chill.
http://www.ncsa.uiuc.edu/People/nrudins/
scooter34
Nancy Rudins wrote:
> >
>
> The jury deliberated for four days; apparently they had the same
> question you have.
>
> Kind regards,
> Nancy
A second article, with a nice summary of both the prosecution and
defense points. And rumor has it the jury was deliberating on first or
second degree murder, and not ever on his guilt, which I find
interesting.
>From the detroit News:
Mike Martindale / The Detroit News
BEULAH -- Closing arguments in a Huntington Woods man's murder trial
concluded Thursday with a prosecutor holding up for a Benzie Circuit
Court jury two photographs of Florence Unger: one of her smiling into
the camera, the other of her lying in the morgue.
Mark Unger, 45, is on trial for first-degree murder in the October 25,
2003 death of his wife, Florence, 37, at a northern Michigan resort.
Defense attorney Robert S. Harrison ripped into the prosecution's case
as "red herrings" and "the worst kind of circumstantial evidence" and
unloaded on the Benzie Circuit Court jury with his explanations of what
happened.
The jury has been hearing the case against Mark Unger since April 26.
"My point to you is anyone can go in the wrong direction if they are
given wrong information," Harrison told the jury of eight men and seven
women. " This case was in the trash can of the courthouse before it was
even started. There are a number of questions that can't be answered
fully -- on both sides.
"But unproven means not guilty. And you cannot possibly convict Mark
Unger without making an awful lot of guesses on things."
Investigators believe Florence Unger fell from a 12-foot high boathouse
deck during an argument over the couple's pending divorce and that
Unger then dragged his wife's unconscious body into Lower Herring Lake
to make the death appear to be an accident. Harrison said Mark Unger
was asleep in a nearby cottage with his two sons when his wife
accidentally fell to her death.
Harrison portrayed Mark Unger as a non-violent man who had successfully
battled drug and gambling addictions and was struggling to hold his
failing marriage together with a weekend getaway to Watervale when the
tragic accident happened.
The dead woman's mother, Claire Stern, quickly left the courtroom when
the defense attorney described Florence Unger's two-year affair with a
neighbor. Mark Unger could be seen dabbing at his eyes with a tissue as
Harrison described how his client had been kept in the dark about the
relationship he described as "the best kept secret in Huntington
Woods."
But attorneys differed on what prosecutors called possible "trigger
points" in the case. Among them:
# A pending divorce: In August 2003, Florence Unger filed for divorce.
Four days before her death, she and her attorney met with Unger over
how Mark Unger's gambling and drug addictions would be made public in
any custody battle for their two sons. She also wanted to know about
his gambling and rehabilitation expenses. Mark Unger hoped for
reconciliation, Harrison said.
# The lover : Glenn Stark, the ex-neighbor, testified of a two-year
affair and of being sexually intimate with Florence Unger a few days
before her death. Stark testified the Unger household was so tense
during a visit he asked if he should leave and Mark Unger replied:
"Why? You're not the one divorcing me." Harrison described the affair
as the "best kept secret in Huntington Woods" and said even Mark Unger
did not learn of it until after her death.
# Fear of the dark : Mark Unger told police he left his wife alone on a
boathouse deck to check on their sons in a nearby cottage -- which
would have been unusual if she had a fear of the dark. When he returned
and found her gone he went back to the cottage and fell asleep until
morning. Florence Unger's life-long fear of the dark was recalled by
her father, brother and friends. Yet Harrison noted other close friends
said weren't aware of any such phobia.
# The railing : An aged, wooden deck railing has been the focus of much
testimony. Defense experts said it was at least 10 inches below code
height and was an "accident waiting to happen." The prosecution
contends Florence Unger was punched or kicked over the railing.
# A packed SUV : Unger's 1999 Ford Expedition was packed up before some
investigators were even on scene. Unger was advised by friends not to
make any statements and to leave with his sons. Investigators said
hours after the discovery of Florence Unger's body, Mark Unger never
asked how his wife died or tried to remove her from the lake. Harrison
countered Mark Unger tried to take her out of the lake but was overcome
with grief.
# Pathologists : Three pathologists testified that Florence Unger's
injuries suffered in the 12-foot fall caused death. A fourth, Oakland
County Medical Examiner Ljubisa Dragovic, opined she would have died
from injuries but was first placed in the lake by someone. Only Wayne
County Medical Examiner Carl Schmidt believed she could have rolled
into the lake on her own or due to movement caused by seizures. Schmidt
also said it was possible she drowned.
# Bloodstains and injuries : The center of a blood stain on the
concrete was 33 inches from the seawall and consistent with someone who
likely laid there unconscious, bleeding from skull fractures for up to
90 minutes, pathologists testified. An internal bruise to the stomach
was consistent with blunt force trauma, as if the dead woman had been
punched or kicked, one doctor testified. Her pelvis was also fractured,
making independent movement even more unlikely. Defense experts said if
she laid there that long, much more blood would have been found.
# Computer animation : A retired MIT professor offered five theories
explaining accidental death -- three of which were shown to jurors. Dr.
Igor Paul noted the railing was well below the woman's center of
gravity and she either could have leaned, fallen or walked into it and
to her death. Paul based his calculations on autopsy and state police
reports. Some found such graphics compelling; prosecution attorneys
dismissed them as nothing more than "cartoons" which ignored evidence
such as bloodstains covered by a blue comforter.
# The police video : A state police video showed Mark Unger could not
have seen his wife's body until he was almost next to it. Yet witnesses
testified that when he heard she was found, he ran 300 feet directly to
her position in the lake. The defense countered Mark Unger was at a
higher elevation than the camera and simply ran toward where he had
last seen his wife.
# Blue comforter : Florence Unger was last seen wrapped in a blue
comforter, which later was found lying on the concrete pad near where
police suspect she hit the pavement. The comforter covered
blood-stained concrete. The prosecution contends if she had rolled as a
defense witness theorized, there should have been more blood on the
blanket. The defense said the comforter could have dropped down after
the body rolled into the lake.
# Life insurance : Mark Unger was named as beneficiary in two policies
totaling $750,000. The defense countered that the policies were
purchased six years before Florence Unger's death and that Mark Unger
removed himself as a beneficiary after her death.
# Statements : The defense stresses Mark Unger has been consistent in
accounts to police, friends and family about what happened the night
before she was found. He told several police, relatives and family that
he when he returned to the deck his wife was gone so he went to bed.
Only one witness, a hairdresser, testified when she called Mark Unger
the day after the death, he told her he had checked on Florence twice
on the deck and she was "fine."
Attorneys even argued about two video rentals Mark Unger made: a
children's film, "Scooby Doo," and an adult comedy, "Anger Management."
Unger has said he went back to the cottage and watched the videos with
his sons and fell asleep. The "Anger Management" tape was never found
at the cottage and the seven-day rental was not returned to the store
until two weeks later, special assistant state attorney general Mark
Bilkovic pointed out on rebuttal at day's end.
"There's no proof Unger took "Anger Management" with him," said
Bilkovic. "If Mark Unger had practiced anger management we wouldn't be
here today over Florence Unger."
Judge James M. Batzer is expected to give jurors instructions before
they begin deliberations
robbielynn
tiny dancer wrote:
> "scooter34" <momofpe...@netscape.net> wrote in message
> news:1150981031....@y41g2000cwy.googlegroups.com...
> > This has been an interesting case, and I can't remember if I posted
> > earlier articles. They were divorcing, and went away for a weekend in
> > Northern Michigan with their kids. IIRC, she fell over a railing on a
> > deck 12 feet onto concrete, and then ended up several feet away in the
> > lake, where she actually drowned. His conduct was the damning thing,
> > probably - according to testimony, he never looked for her and was
> > packing the car to leave when she was found. (I could be overstating
> > this, as I am relying on memory.)
> >
> > Anyway, a troubling case for me - it's hard to sentence someone for
> > life when there's a possibility that it was an accident. I'll try to
> > track down some more info later. From the June 22 Detroit Free Press:
> >
> > scooter34
>
>
> I do remember you posting about this case. IIRC, it seemed like just about
> everything he did was suspicious in nature. I'm with the jury, her body
> somehow got into the water. It didn't *bounce* there. And she wanted a
> divorce, a lightening rod if there ever was one, it seems. Perhaps he
> either found out about her affair, or she told him that she still wanted the
> divorce, that she was seeing someone else.
>
>
> td
>
very pretty and Mark not as good looking? His story seems weak..
your wife filed for divorce 4 days earlier and you have a chance to
patch things up at a romatic spot by a lake and instead you leave
her on a high deck in the dark and never go check on why she's
gone so long. And I'm not clear on this but if he was packing to
leave
before she was discovered is very suspicious behavior.
If the forensics were right and she had a big blow to her abdomen
from a kick as opposed to an all over slam bruise from the fall , then
me thinks he did the dirty deed. Robbielynn
patti
interviews with Unger and showing the verdict as well. Was intersting
to see the courtroom scenes.
patti
On 22 Jun 2006 20:19:26 -0700, "robbielynn" <robbiel...@yahoo.com>
wrote: