GUILTY MI - Florence Unger, 37, murdered, Benzie County, 24 Oct 2003

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Defense theory is that the dock railing was in need of repair and the owner acknowledged this as true. Unger wasn't even in jail until earlier this year.
 
From WXYZ website today:



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Florence Unger's brother, Peter Stern, is seen here on the stand Wednesday.
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Unger Murder Trial Underway Business Owners Hope to Benefit from Unger Trial

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Glenn Zimmerman reports at 7 p.m. [font=Verdana, Arial, Helvetica, sans-serif]
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Glenn Zimmerman reports at 11 p.m.

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Family and Friends Take the Stand in Unger Trial

By Glenn Zimmerman
Web produced by Christine Lasek

May 11, 2006

Family members and friends took the stand Wednesday in the murder trial of Mark Unger, the local man on trial on northern Michigan for the death of his wife Florence.

Florence Unger’s brother, Peter Stern, took the stand. He told the court, "I didn’t want to look at the body. I didn’t want that to be the last thing I have in mind."

Some of Florence’s friends did, as well. One explained, "Florence said to me that she was repulsed by Mark."

Then a sheriff’s deputy testified that she interviewed Mark Unger’s oldest child. The words of the son seemed to support Unger’s claim, that after spending some time outside with his wife, Unger came back into the cottage to check on the kids.

Unger’s attorney Robert Harrison read some of the deputy’s report, in which it said, "He was pretty much asleep when dad returned and kissed him, and he was sure it was his dad because he felt the whiskers."
 
On Channel 7 [Detroit] news last night -- reported that Unger hasn't had direct contact with his children for over 2 years but he can write them letters. They can't or don't write back. The boys live with the maternal grandparents. Mark Unger will not be allowed to attend his son's Bar Mitzvah which will take place in a few weeks.
 
Detroit News link from yesterday, 5-13-06:

http://www.detnews.com/apps/pbcs.dll/article?AID=/20060513/METRO/605130350&SearchID=73244537694570

Dr. Stephen Cohle, pathologist and chief medical examiner in Kent County, said members of the current prosecution team -- Michigan Assistant Attorney General Donna Pendergast, former assistant Oakland County prosecuting attorney Mark Bilkovic and Michigan State Police Sgt. Walter Armstrong, along with Oakland County Medical Examiner Ljubisa Dragovic -- visited his office to discuss Cohle's findings and Dragovic's opinion that the death was a direct result of drowning.

"Specifically, I recall he (Dragovic) wanted to discuss his belief that Ms. Unger died from drowning that there was not enough swelling of the brain to cause her death," said Cohle, who ruled the cause of death as cranial cerebral trauma.

"I disagree, but I can't rule out that drowning was a contributing factor in her death."

In his opening statement, defense attorney Robert S. Harrison characterized the Grand Rapids trip as a "caravan" of law enforcement designed to influence Cohle. But Cohle stressed he was never pressured by anyone to change his findings. He also testified that pathologists often disagree.

Cohle said while he was not convinced that Florence Unger's death was a drowning, he classified the death as a homicide because he could not resolve how her body was eventually found in Lower Herring Lake.
 
From today's Traverse City Record-Eagle story by Patrick Sullivan

http://www.record-eagle.com/2006/may/18unger.htm
BEULAH — Well-known medical examiner Dr. L.J. Dragovic caused a stir in the courtroom even before he took the stand in Mark Unger's trial on a charge of first-degree murder.

Nineteenth Circuit Court Judge James Batzer refused to allow defense attorneys to question the Oakland County medical examiner about an opinion from an Arizona court where Dragovic was found unqualified to testify as an expert witness.

Unger's trial stretched into its fourth week Wednesday with evidence from Dragovic, testimony that is critical to the prosecution's theory that Mark Unger pushed his wife, 37-year-old Florence Unger, from a boathouse deck and later moved her into Lower Herring Lake to drown. Unger, 45, maintains his innocence.
 
Link to today's Detroit Free Press:

http://www.freep.com/apps/pbcs.dll/article?AID=/20060526/NEWS03/605260406
Excerpt concerning insurance:
State prosecutors also recalled to the stand an insurance agent who also had testified last week in an apparent attempt to suggest that Mark Unger would gain financially if he killed his wife.

But defense attorneys attempted to counter that by showing that the life insurance policies that the couple held were purchased at least six years before Florence Unger's death, and questioned the relevance of bringing this up.

After his wife's death, Unger relinquished his rights as the beneficiary of one of the two life insurance policies that his wife had totaling $750,000, said his attorney, Robert Harrison.

Gary Scholnick, a longtime friend of the couple, was called by special Assistant Attorney General Mark Bilkovic.

Scholnick told jurors that there were two life insurance policies on Florence Unger and detailed their history. He said they were purchased in 1996 and 1997.

He also testified that he spoke to Unger shortly after the death, and he did not seem to realize -- or know -- that there was more than one policy on his wife.

"I think he was stunned," Scholnick said.

Testimony is expected to continue today.



Did Nancy Grace do a segment on the trial this week?
 
Today's Detroit Free Press:
http://www.freep.com/apps/pbcs.dll/article?AID=/20060526/NEWS99/60526005
Prosecution's last witnesses expected today


By FRANK WITSIL

FREE PRESS STAFF WRITER



BEULAH -- Tesha Hankes, Florence Unger's hairdresser for ten years, testified Friday in Benzie County Circuit Court that the day after her client's body was found floating in Lower Herring Lake, she had a converstion with Mark Unger.

Unger, 45, of Huntington Woods, is on trial in Benzie County Circuit Court for killing Florence Unger, his wife.

Hankes, works at Palazzolo Hair Salon in Royal Oak, said in court that she had gotten word through a friend on Oct. 25, 2003, the day Florence Unger's body was found, that Unger had died, but did not believe it.

So the next day, she said, he called Florence Unger's cell phone to find out if this was true.

"Is Flo there?" she recalls asking after she dialed.

Hankes said Mark Unger answered the phone.

"He said, 'who is this?' " Hankes said.

State prosecutors have accused Mark Unger of killing his wife by pushing or kicking her off a 12-foot high wooden deck at Watervale, where they were staying for the weekend with their two children in a rented cottage. Florence Unger hit her head on a concrete slab, and Mark Unger then placed her in the nearby lake face down where she drowned, prosecutors say.

Unger is charged with first-degree murder, and if convicted faces a sentence of life imprisonment.

Just weeks before Florence Unger's death, Hankes said, Florence Unger seemed to be acting nervous. Hankes sad that Florence Unger had confided to her that she was divorcing her husband, and when Hankes had asked her if she was afraid, she shrugged her shoulders, "like she didn't know," Hankes said.

Hankes said that when she called Florence Unger's cell phone, Mark Unger started crying, and Hankes said she told him, "So it's true."
 
Detroit News -- May 27, 2006
Article about Unger's upscale lifestyle

http://www.detnews.com/apps/pbcs.dll/article?AID=/20060527/METRO/605270357
BEULAH -- As prosecutors rested their case on Friday, local court-watchers admitted that the upscale suburban lifestyle that Mark and Florence Unger lived before her death might not exactly resonate with northern Michigan jurors who often work two jobs just to get by -- regardless of their eventual verdict.

"People up here take care of each other and often work seasonal jobs, often two jobs, to pay the bills," said Jackie McLaughlin, a retired Lansing school teacher who lives in nearby Frankfort and regularly monitors district and circuit court. "Their spouses might also work two jobs It's pretty hard for some of us to understand how anyone would have difficulty living on $10,000 a month."

Mark Unger, 45, is on trial for first-degree murder in the October 2003 death of his wife, Florence, 37, who was found floating face down in Lower Herring Lake at a northern Michigan resort. Prosecutors believe Florence Unger either fell or was pushed from a 12-foot high boathouse deck, and landed on a concrete slab, causing massive head injuries. They contend Mark Unger then dragged her into the lake to make the death look accidental. The couple was in the midst of a contentious divorce.

McLaughlin admits she can't say what's on jurors' minds, but she can speculate they aren't too sympathetic to the Unger's marital problems. The couple, both mortgage bankers, lived in a home in an upscale Detroit suburb, enjoyed memberships in an exclusive Beverly Hills racquet club, private trainers, family vacations at the Inn of Watervale resort and winter ski trips.

Besides a marriage that had failed, and a two-year affair Florence Unger was having with a neighbor, they also have heard of her shopping habits and his gambling and drug addictions -- all of which paints a picture that some Benzie County residents can't relate to in their own lives.

"It's pretty hard for some of us to understand how anyone would have difficulty living on $10,000 a month," McLaughlin said, referring to Mark Unger's disability insurance he collected because of his addiction to gambling and drugs.

"People up here who have substance abuse problems can't even afford to go into a rehab program," McLaughlin said.
 
Detroit News article -- May 31, 2006

http://www.detnews.com/apps/pbcs.dll/article?AID=/20060531/UPDATE/605310436&SearchID=73246245435784
Wednesday, May 31, 2006



Judge denies request by Unger's lawyer to dismiss case
mike martindale / The Detroit News

BEULAH -- A Benzie Circuit Court judge today denied a defense attorney's request to dismiss a case involving a Huntington Woods man charged with his wife's Oct. 2003 death at a northern Michigan lakeside resort.

Mark Unger, 45, is charged with the death of his wife, Florence, at the Inn of Watervale resort, about 10 miles south of Frankfort. The prosecution has presented several dozen witnesses to support its contention that the woman was killed during an argument over a pending divorce.

After the jury was excused from the courtroom, attorney Robert S. Harrison requested a directed verdict from Judge James M. Batzer in the case. In Harrison's view, after several weeks of testimony, the prosecution had failed to prove the first-degree murder charge in the trial which began April 26 -- including why anyone would have placed Florence Unger's body in Lower Herring Lake.

While noting the case against Unger is circumstantial, Batzer said there has been sufficient evidence presented for the jury to consider along with whatever is still to be presented by the defense. Batzer cited marital discord, the pending divorce, the woman's fear of the dark, and Unger's behavior after the death, all as elements in the prosecutor's case.

"This is a circumstantial evidence case," Batzer said. "The prosecution seeks to convict the defendant not with an eyewitness to the death but through a long process of friends, acquaintances of the deceased and the defendant testifying to the marital discord, the deceased's unhappiness in the marriage, her determination to end the marriage through the divorce process and her determination to stick by her children," Batzer said. "...The court's response to why would someone place someone in the water, certainly one evidence would be to prevent her possible recovery.

"On balance, the court has to say that taking all evidence, in the light most favorable to the prosecution and 12 reasonable jurors. … ," said Batzer. "…Motion for a directed verdict is denied."
 
Link to Detroit News story -- June 1, 2006 -- has picture of railing reproduction that was brought into court today.

http://www.detnews.com/apps/pbcs.dll/article?AID=/20060601/METRO02/606010336


Unger defense experts cite unstable deck railing

Mike Martindale / The Detroit News

BEULAH -- A construction materials expert testified Wednesday that a wooden railing around a boathouse deck where a Huntington Woods woman died in October 2003 was rotting, violated state building code and would not have supported the weight of anyone leaning against it.
Those revelations came as defense attorneys began to present their side in the Mark Unger murder trial by calling experts to discuss how Florence Unger might have died by accident, rather than at her husband's hands.

Mark Unger, 45, is on trial in Benzie Circuit Court for first-degree murder in the death of his wife, Florence, 37, who was found floating face-down in Lower Herring Lake, about 10 miles south of Frankfort.

Investigators believe the Ungers argued about a pending divorce on a boathouse deck and she was either pushed, kicked or fell 12 feet to a concrete surface, suffering a fractured skull and hip.

Investigators believe Unger then dragged her, unconscious, into the lake, where she drowned.

But Unger's defense attorneys contend the woman fell entirely on her own, possibly after slipping or falling against a rotting 26 -inch-high wooden railing while Unger was asleep in a nearby cottage with their two sons.

John Zarzecki, a construction materials specialist from Plymouth, told the Benzie Circuit Court jury the railing he examined six months later was too short to meet code and wasn't sound.

"The Michigan building code for the last 20 years has required a 36-inch height (for a deck railing)," testified Zarzecki, who was asked if the smaller structure would have prevented someone from falling off.

"In my opinion, no," said Zarzecki.
 
June 1, 2006 -- Detroit Free Press
http://www.freep.com/apps/pbcs.dll/article?AID=/20060601/NEWS99/60601009
Florence Unger's death 'indeterminate,' doctor says

By FRANK WITSIL

FREE PRESS STAFF WRITER



BEULAH -- Contradicting the conclusions of another forensic pathologist who testified earlier in the Mark Unger murder trial , Wayne County's medical examiner said Thursday that it can't be determined whether Florence Unger was killed -- or whether her death was an accident.

"I would classify it as indeterminate," said Dr. Carl Schmidt.

Schmidt, who was called to testify by the defense, said that there is not enough information to assess whether Florence Unger fell from the 12-foot high deck, or was pushed.

Schmidt said her injuries indicate the 37-year-old Huntington Woods woman died from a "blow to the right side of the head," which caused the skull to fracture; not from drowning, which was the conclusion of Oakland County Medical Examiner Dr. L.J. Dragovic. Schmidt said there are no marks on her head that indicate she was dragged, or moved.

Schmidt said that Unger's pelvis also was broken, probably a result of hitting a concrete slab.
 
Link to Detroit News article -- June 2, 2006:

http://www.detnews.com/apps/pbcs.dll/article?AID=/20060602/METRO/606020384&SearchID=73246445322201

Wayne County [Detroit] Chief Medical Examiner, Dr. Carl Schmidt, "split from three other experts' opinions" saying the death of Florence Unger was not a homicide.

Later in article:
>>In another development, Benzie Circuit Judge James Batzer held off ruling on whether jurors may hear a physics professor or see five computer-animated scenarios he created that could illustrate ways Florence Unger may have died accidentally.
A 90-minute hearing on the matter was held Thursday and is expected to continue Wednesday, when Batzer is expected to make a ruling.<<
 
Detroit Free Press -- June 2, 2006 update

http://www.freep.com/apps/pbcs.dll/frontpage
By FRANK WITSIL
FREE PRESS STAFF WRITER


In a stunning reversal Friday, Mark Unger's attorney told the judge that he had planned to call his client's 12-year-old son to the stand -- but would not.

Robert Harrison said Unger, who is on trial and charged with killing his wife, told him that he had concerns for the welfare of his son, Max, and instructed his lawyer not to compel the boy to testify.

"I will not be calling him," Harrison said in court, as the boy waited behind closed doors in the Benzie County's Prosecutor's office.

Harrison said the possibility of testifying has been difficult on the child.

Had Max Unger, who lives in Huntington Woods with his grandparents, been compelled to take the witness stand in Benzie County Circuit Court, it might have forced him to choose between his parents, possibly adding to his trauma, some experts say.
-----
The boy gave a statement to police the day his mother's body was found. An attorney read it in court earlier in the trial.

Max Unger's guardian ad litem, Bill Lansat, said that he had objected to the child testifying, saying that, "psychologically, it is damaging to him."

Max Unger was brought to the courthouse Friday at about 9 a.m., and questioned by the defense and prosecution. He brought with him a book, and left quietly.

The trial continues today before Judge James Batzer.
 
Detroit News update -- Friday, June 2, 2006

http://www.detnews.com/apps/pbcs.dll/article?AID=/20060602/UPDATE/606020438

Witnesses say Flo Unger didn't fear dark

Mike Martindale / The Detroit News

BEULAH -- Defense attorneys trying to chip away at the prosecution's circumstantial case presented witnesses Friday who testified that Mark Unger's odd behavior after his wife's death may have been prompted by the advice of friends, and that Florence Unger did not have a fear of the dark.

These were among the final images defense attorneys hoped to leave jurors with Friday in the first-degree murder trial of Mark Unger, 45, who is accused of killing his wife, Florence, at the Inn of Watervale, a northern Michigan lakeside resort about 10 miles south of Frankfort.

--------------
Contrary to earlier testimony of several of Florence Unger's friends and relatives, and friend and a relative both said Friday that Florence never exhibited a fear of the dark. The defense is countering prosecution witnesses -- including the woman's father and brother -- who have testified it would have been very unusual for her to sit out on a boathouse deck at night alone while her husband checked on their sons, Max and Tyler, at a nearby cottage.

Marci Zussman, called to the witness stand by defense attorney Robert S. Harrison, said in a week she spent at Watervale in July 2002 she frequently found Florence Unger sitting on the boathouse deck, alone, between 10 and 11 p.m. "looking at the stars."

Lyle Wolberg, who is Mark Unger's nephew, also told the Benzie Circuit Court jury how he and two friends drove up to Watervale after Florence's body was found.

Wolberg testified that some of Unger's behavior, which has been described as odd by friends, police and others during the trial, may have resulted from advice he supplied his uncle. In earlier testimony police have told how Unger was uncooperative and attempted to leave the area with his sons while his wife was still in the water.
 
Detroit News link, June 7, 2006:

http://www.detnews.com/apps/pbcs.dll/article?AID=/20060607/UPDATE/606070439

Judge hears from animation expert without jury present at Unger murder trial

MIKE MARTINDALE / The Detroit News

BEULAH -- Prosecutors in the Mark Unger murder trial continue to quiz a retired professor about his computer animated graphics, which defense attorneys believe will help show a Benzie Circuit Court jury that an accident, not murder, could have caused the death of a Huntington Woods woman in October 2003.

Defense attorneys for Mark Unger, 45, contracted Dr. Igor Paul, a retired bio-mechanical engineering professor at the Massachusetts Institute of Technology, to review the October 25, 2003 death of Unger's wife, Florence.

Paul produced a computer-animated film that demonstrates several possible scenarios of how physics might explain an accidental fall over the railing of a boathouse deck, in contrast to the prosecution theory that Mark Unger somehow caused Florence Unger to fall.

EDITED BY DP DUE TO COPYRIGHT INFRINGEMENT. PLEASE SEE LINK FOR THE REST OF THE ARTICLE
 
Link to Detroit News article -- June 8, 2006
Ungers lawyers hope to prove deck rail was deteriorating:
http://www.detnews.com/apps/pbcs.dll/article?AID=/20060608/METRO/606080318&SearchID=73247033680991

Links to Detroit Free Press articles -- June 8, 2006

Expert Shows Accident Possibilities:
http://www.freep.com/apps/pbcs.dll/article?AID=/20060608/NEWS06/606080421&SearchID=73247033008094


Forensic testing on rail at issue in Unger trial:

http://www.freep.com/apps/pbcs.dll/article?AID=/20060608/NEWS06/606080422&SearchID=73247033159210

State denies claim it's hiding results from the defense
 

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