MACOMB (WWJ) – Macomb County Prosecutor Eric Smith has won the first round in his fight to keep a man in jail who twice tried to hire a hitman to kill his wife.

Prosecutor Eric Smith says not only did David Albers get caught by an undercover officer in 2009 when he drew a map to his ex-wife’s house and offered him $2,500 to kill her — but then in 2011, he admitted to trying to hire someone else to kill her while he was behind bars for the crime.

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Smith says he was flabbergasted that the parole board has granted him a release.

“I can’t imagine why the department of corrections would ever think to release this guy at his first date,” said Smith. “Hey, if these nine years went by and he turned his life around and found the Lord, and was able to take responsibility for what he did, well this would be a different conversation we’d be having — but he tried again — to murder this poor woman. She is so deathly afraid of this – that she has changed her name, has changed where she lives.”

The 61-year-old Albers, of Roseville, was on probation for stalking his ex-wife when he initiated the solicitation to murder her — telling the undercover cop — he didn’t care how she was killed, just that he wanted it done.

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“First parole date releases are reserved for those who have shown an ability to turn their life around – this guy –while he was incarcerated on this, committed the exact same crime – trying to find someone to kill his ex-wife – this is not the kind of guy who should be released at his first date nor the kind of guy who should be on our streets,” said Smith.

Albers was sentenced to serve nine to thirty years in state prison on the first conviction and received another sentence of ten years for the second solicitation of murder.

“If this is the criminal they’re trying to release early, you have to ask: Who are they actually trying to keep in?” said Smith.

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The judge has put a stay on Albers release pending Smith’s appeal in the case.