Small Town Murder Podcast: Episode #575 - "Lady In The Water - Arcadia Township, Michigan"

Hosts: James Pietragallo & Jimmy Whisman
Release Date: March 6, 2025

I. Introduction to the Case

In Episode #575 of Small Town Murder, hosts James Pietragallo and Jimmy Whisman delve into a perplexing and tragic case from Arcadia Township, Michigan. This episode, titled "Lady In The Water," explores the mysterious death of Florence Stern, affectionately known as Flo, and the subsequent accusation against her husband, Mark Unger. The hosts blend in-depth research with their trademark comedic spin to unravel the complexities of this small-town murder.

II. Background of Mark Unger and Florence Stern

Florence Stern (Flo) was a vibrant 37-year-old woman from Huntington Woods, Michigan. Born in 1966, Flo was known for her friendly demeanor, artistic talents, and strong connection with her community. She met Mark Unger, born in 1960, during their college years at the University of Michigan, where both pursued their interests—Flo in fine arts and Mark in advertising.

Their relationship blossomed post-graduation, leading to marriage and the birth of two sons, Max (born 1993) and Tyler (born 1996). Despite appearing to have a stable family life, underlying issues brewed, particularly Mark's struggles with addiction and burgeoning gambling habits following a severe back injury in 1998.

James Pietragallo: "[...] Flo was beautiful, charming, and a great lady. Mark loved her dearly, calling her an awesome mother and partner." [26:56]

III. Events Leading to the Murder

Mark Unger's life took a downward spiral after his back injury forced him to confront chronic pain and dependency on prescription painkillers, notably Vicodin. His addictions extended beyond medication to alcohol and gambling, creating significant strain on his marriage.

By August 2003, the marriage between Mark and Flo was in turmoil. Flo had been contemplating divorce for years, citing a lack of common interests and an erosion of trust within their relationship. The situation intensified when Mark's addiction led to erratic behavior, causing Flo to seek separation to safeguard their children and her own well-being.

Jimmy Whisman: "I've been thinking about divorcing you for six or seven years now. There's a lot of lies in this marriage." [46:14]

IV. The Night of the Murder: October 21, 2003

In an attempt to salvage their relationship, Mark and Flo embarked on their annual tradition: a trip to the Watervale Inn in Arcadia Township. However, tensions were palpable as Flo expressed reluctance and fear about spending another night in the secluded, dark environment of the lakefront inn.

At approximately 9:30 PM, after spending time with their sons, Mark and Flo retreated to the boat deck to discuss their marriage. Their encounter with a fisherman named Fred O'Flyn further complicated the evening. Fred noticed their somber mood and engaged them in conversation, during which Flo reiterated her fear of the dark and reluctance to stay at the inn.

James Pietragallo: "Mark and Flo were sitting on the boat deck, having an adult conversation while their kids watched movies in the cottage." [62:00]

Shortly after, Florence was discovered floating face down in Lower Herring Lake, her body displaying signs of severe trauma, including a fractured skull and broken hip. The initial examination raised suspicions of foul play rather than an accidental fall or suicide.

V. Police Investigation and Growing Suspicion

Deputy Troy Packard was the first responder to the scene. Upon arrival, he immediately sensed irregularities—such as the broken railing and the presence of blood on the concrete platform—which contradicted the possibility of an accidental fall. Additionally, Mark's behavior during the investigation—marked by evasiveness and emotional fluctuations—heightened suspicions.

James Pietragallo: "Mark jumped into the water right where Flo was found, making it appear as though he might have known exactly where to find her." [73:00]

Further complicating the case was the revelation of Flo's affair with Mark's best friend, Glenn Stark, adding a potential motive rooted in jealousy and betrayal. However, Mark maintained that he was unaware of the affair, suggesting that Flo had kept it hidden from him.

VI. The Trial: Prosecution vs. Defense

Prosecution's Case

Prosecutor Donna Pendergrast, a seasoned Michigan prosecutor with an impressive track record, presented a circumstantial case against Mark Unger. The prosecution's key points included:

1. Opportunity and Motive: Mark Unger's financial gains from life insurance and the desire to prevent divorce-induced loss of assets provided a strong motive.
2. Physical Evidence: The white paint smear on Mark's shoes matched the broken railing at the inn, suggesting physical engagement during the incident.
3. Medical Testimony:
   • Dr. Stephen Cole: Identified head injuries as the cause of death but couldn't rule out drowning.
   • Dr. Dragovich: Asserted that the manner of death was undoubtedly homicide, citing neurogenic pulmonary edema as evidence that Flo was alive when she entered the water.

James Pietragallo: "Dr. Dragovich stated clearly that Flo hadn't drowned on her own; she must have been incapacitated before being placed in the water." [90:05]

4. Behavioral Evidence: Mark's eagerness to leave the scene and his contradictory statements heightened suspicions.

Jimmy Whisman: "Mark was ready to leave home immediately after the body was found; that alone sounds suspicious." [130:21]

Defense's Argument

Mark Unger's defense, led by experienced attorney Bob Harrison, countered the prosecution's claims with alternative explanations:

1. Accidental Fall Theory: The defense posited that Flo accidentally tripped over the faulty railing, leading to her severe injuries and subsequent drowning.
2. Damaged Railing: Dr. David Ruby, an engineer, testified that the inn's deck was structurally unsound, making accidents plausible.
3. Mock Reconstructions: The defense presented computer-animated scenarios depicting how Flo could have fallen and entered the water unintentionally.
4. Questioning Medical Testimony: They challenged the credibility and consistency of the medical experts, suggesting that their conflicting testimonies cast reasonable doubt on the prosecution's claims.

James Pietragallo: "The defense used computer animations to show that Flo could have accidentally fallen into the water, disputing the prosecution's narrative of foul play." [106:27]

VII. Verdict and Jury Deliberation

After an extensive nine-week trial characterized by highly emotional testimonies and conflicting expert opinions, the jury deliberated for four days and 25 hours before reaching a verdict. The jurors were swayed by the medical evidence suggesting that Flo was incapacitated before her death and Mark's suspicious behavior following the incident.

Verdict: Guilty of first-degree murder.

James Pietragallo: "With the medical evidence and circumstantial links pointing to him, the jury found Mark guilty." [135:21]

VIII. Appeals and Current Status

Mark Unger appealed his conviction multiple times, contesting claims of ineffective assistance of counsel and the admissibility of certain testimonies. However, both federal and state appellate courts upheld the original verdict, citing the overwhelming circumstantial evidence against him.

Current Status: Mark Unger is serving a life sentence at the Chippewa Correctional Facility in Michigan. His attempts to regain custody of his sons have been thwarted by the conviction, leaving Max and Tyler in the care of their maternal grandparents.

Jimmy Whisman: "Mark's appeals have been unsuccessful, cementing his fate behind bars." [176:58]

IX. Conclusion and Reflections

The "Lady In The Water" case serves as a stark reminder of how personal turmoil, addictions, and hidden affairs can culminate in tragic outcomes. James and Jimmy encourage listeners to ponder the evidence and motives, highlighting the challenges jurors face in cases lacking direct evidence but rich in circumstantial indicators.

James Pietragallo: "Even without DNA or fingerprints, the convergence of motive, opportunity, and behavior painted a compelling picture for the jury." [165:00]

The episode underscores the delicate balance between legal interpretations and human emotions, leaving listeners to grapple with the justice served in small-town settings.

Notable Quotes:

• Jimmy Whisman: "If you think true crime and comedy should never ever go together, we might not be for you, but give it a shot." [07:10]

• James Pietragallo: "There's nothing funny about an actual murder. That's not. There's no joke when someone's head's being cut off." [07:10]

• James Pietragallo: "Flo's father, Harold, said that she has been afraid of the dark for as long as he could remember." [68:25]

• Jimmy Whisman: "Mark was ready to leave home immediately after the body was found; that alone sounds suspicious." [130:21]

• James Pietragallo: "If you look at it logically, I doubt that Fred in the motorboat came back and killed her for no reason." [175:00]

This episode of Small Town Murder not only unravels a complex murder case but also humanizes the individuals involved, exploring themes of love, addiction, betrayal, and the pursuit of justice in the quiet corners of America.