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BY BILL DOLAN
bdolan@nwitimes.com
219.662.5328 | Saturday, July 02, 2005 | (No comments posted.)
CROWN POINT | Lake Superior Court Judge Thomas Stefaniak ruled Friday evidence is clear that a Griffith man killed his estranged wife and her unborn child last fall.
However, the judge jolted prosecutors by granting bail release to 29-year-old David Green.
Stefaniak said he was compelled to so because other evidence muddied the picture of whether David Green was acting in self-defense or whether he had intended to kill 29-year-old Stacy Green, who was strangled and stabbed.
Green, who has been held in the Lake County Jail since he was charged with the double homicide seven months ago, can now post a $20,000 bond and remain free until his jury trial begins Oct. 24.
He was still in custody Friday afternoon, but defense lawyer Samuel Cappas of Highland said he could be released as early as next week.
Cappas said afterward, "My client was trying to defend himself, and she was injured during the struggle."
Deputy Prosecutor David Urbanski said, "I'm disappointed for the family of Stacy, but certainly looking very forward to a jury determining the case."
The emotionally charged case has had more than one twist since the 29-year-old woman was discovered dead Nov. 2 by her 5-year-old son in their home at 1216 N. Arbogast St.
Griffith police originally arrested David Green within a week of her death, but they were forced to release him for lack of evidence. A murder charge was filed only after Green eventually agreed to provide police with a statement in exchange for prosecutors not seeking the death penalty.
The couple had been married for eight years but were separated for the last two. Green claimed his estranged wife became enraged when he said he was seeing another woman.
He said Stacy, more than eight months pregnant, came at him with a knife. In the struggle she was stabbed in the neck. He said he kicked and choked her neck until he heard it pop and she went limp. She died of a fracture to her spine and a slashed major artery.
David Green left the bloody scene and didn't call police until the next morning, according to reports.
Stefaniak said in a tape recording of his ruling Friday, "I think a jury in this case will have a great difficulty with the defendant not calling 911 (immediately). The double life the defendant was leading and the lies he told to police. ... The jury may very well seek out a way to attempt to make David Green pay for the death of Stacy Green."
Nevertheless, he said the state's evidence wasn't clear cut enough in his mind to prove David intended to kill the victims.
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