|
| |
|
| |
|
|
|
December 11, 2005Judge won't dismiss caseBEULAH - Mark Unger is a step closer to standing trial for his wife's death after a judge rejected a bid by his attorneys to dismiss the case.Unger, 45, of Huntington Woods, is charged with second-degree murder in the death of 37-year-old Florence Unger, who was found dead in Lower Herring Lake in October 2003. Friday, Unger's attorneys attempted to have the charge thrown out while prosecutors from the Michigan Attorney General's office said they intend to argue motions to heighten the charge to first-degree murder. Unger's attorney, Robert Harrison, argued there is not enough evidence to try Unger for murder. He contends medical evidence shows Florence Unger could have fallen from a boathouse deck to a concrete apron then wound up in the lake because she had a seizure from a head injury. Prosecutors maintain Unger and his wife were in the midst of a bitter divorce and Unger pushed her from the boathouse deck and moved her body into the water. Circuit Court Judge James Batzer rejected the bid to dismiss the case, saying he agreed with a lower court decision that enough evidence was presented during a preliminary examination to show probable cause that Unger could have killed her. Still, much remains unresolved. The case is scheduled to go to trial in April. Assistant attorney general Donna Pendergast told Batzer she still hopes to introduce evidence from a medical examiner in an effort to prove Florence Unger was moved into the lake. See Related Stories: Unger trial still months away - October 25, 2005 Unger will stand trial in death of wife - July 9, 2005 Unger hearing ends; trial decision looms - June 28, 2005 Unger's preliminary hearing on murder charges to proceed - June 26, 2005 Judge refuses motion to dismiss in Unger trial - April 8, 2005 Prosecutors' appeal hits dead end - January 6, 2005 Prosecution rests in Unger case - December 14, 2004 Unger ruling will come in 2005 - December 11, 2004 Unger hearing delayed - October 29, 2004 Doctor: Florence Unger's death no accident - September 9, 2004 Unger's defense challenges expert witness appearance - July 8, 2004 Preliminary hearing for Mark Unger begins - July 7, 2004 Examiners don't agree whether body was moved before death - February 1, 2004 AG joins death probe - November 26, 2003 Charges in death may take months - November 7, 2003 Deaths put cops in $30K hole - October 31, 2003 Woman died from trauma to the head - October 30, 2003 Prosecutor wants kids taken from Unger home - October 28, 2003
|
|
