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December 14, 2004Prosecution rests in Unger caseRuling not expected before Jan. 27BEULAH (AP) - Prosecutors rested their case Monday in a hearing to determine whether Mark Unger of Huntington Woods should stand trial in the death of his wife at a nearby resort.The state wrapped up its presentation of evidence following testimony from the state police trooper leading the investigation and a video display showing scenes from the Watervale Resort grounds. Unger, 44, is charged with first-degree murder. His wife, 37-year-old Florence Unger, was found dead Oct. 25, 2003, at the Watervale. The couple, who were in the middle of divorce proceedings, and their two young sons were there on a weekend trip. Florence's body was discovered floating at the shallow edge of Lower Herring Lake. Prosecutors contend her husband pushed her from a boathouse roof to a concrete deck 12 feet below and dragged her, alive but badly injured, into the lake, where she drowned. Unger insists he loved his wife and did not kill her. Defense attorney Robert Harrison said his team would file a motion next week asking Benzie County District Judge Brent Danielson to dismiss the charge. He said prosecutors had failed to prove a crime was committed or that Mark Unger was responsible. Asked whether the defense considered the death accidental, Harrison said, "It could have been any number of scenarios. We just don't know, but what we do know is that Mark didn't do it." The prosecution is being handled by the state attorney general's office. "We're very confident with the case we put forward. We look forward to seeing the preliminary examination through to the end," spokesman Randall Thompson said. The hearing has been conducted over several days, beginning last July. A ruling by Danielson on whether there is sufficient evidence to send the case to trial is not expected until Jan. 27 at the earliest. Prosecutors will file a written response to the dismissal motion, and the defense will reply. Both sides also will make oral arguments, which haven't been scheduled. Meanwhile, Circuit Judge James Batzer plans to hear arguments Jan. 5 on the prosecution's request to appeal a key decision by Danielson to exclude the testimony of the Oakland County medical examiner.
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