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05/04/2006

Prosecutors, defense offer contrasting portrayals

Opening arguments in murder trial in Beulah

Associated Press Writer

photo
Members of the jury in the murder case against Mark Unger stand on a wooden deck as they look over the crime scene Wednesday at Lower Herring Lake, south of Elberta. Unger, 45 is charged with first-degree murder in the death of 37-year-old Florence Unger.

BEULAH — Mark Unger returned to the scene of his wife's death Wednesday afternoon to retrace his steps following opening arguments in his first-degree murder trial.

A state prosecutor told the Benzie County Circuit Court jury that the evidence would show that a struggle broke out as the Ungers stood together on a wooden deck the night of Oct. 24, 2003.

Unger, 45, of Huntington Woods, is charged with first-degree murder in the death of 37-year-old Florence Unger. Her body was found at the edge of Lower Herring Lake at the Watervale Resort the next morning.

In opening statements, the prosecutor urged jurors to convict Mark Unger of murdering his wife, depicting him as an angry, erratic man concerned primarily with his own survival.

Unger's lawyer said his client was a loving husband and that his wife's death was an accident.

"The defendant would rather save his own rear end than attempt to save another human being — his own wife," said Donna Pendergast, an assistant state attorney general leading the prosecution team.

Defense attorney Robert Harrison said Unger never was violent toward his wife. Harrison described her death as accidental.

"This case is about a modern-day family tragedy — a tragedy that occurred in this case totally and completely because of an accident," Harrison told jurors.

Florence Unger plunged over the deck railing to a concrete slab 12 feet below, Pendergast said. Mark Unger then moved her into the water, where she drowned, Pendergast said.

The couple, who were going through a divorce, and their two children were on a weekend trip to the resort, about 40 miles southwest of Traverse City.

Mark Unger's erratic behavior and inconsistent statements caused police to suspect him, Pendergast said. She said circumstantial evidence from the scene pointed in Unger's direction.

Pendergast showed jurors photos of a smiling Florence Unger standing outdoors as well as photos of her corpse.

Mark Unger did not look at the display, instead looking straight ahead and without emotion.

See Related Stories:
      Jurors seated in Unger case - April 29, 2006
      Trial set to begin - April 25, 2006
      Motions filed as trial nears - April 18, 2006
      Unger trial promises a packed courtroom - April 15, 2006
      Murder suspect ordered to jail - March 11, 2006
      Judge will consider allowing evidence - January 21, 2006
      Judge won't dismiss case - December 11, 2005
      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
      Was 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

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