06:51 PM EST on Friday, March 17, 2006

By MARK BOONE / 6NEWS
E-mail Mark: MBoone@WCNC.COM

6NEWS

Addison and Daniel Macemore died after police said their mother left them inside their burning home.

MIDLAND -- A woman accused of killing her two children by setting the family’s home on fire is eligible for the death penalty if convicted. A judge made that ruling Friday as prosecutors revealed that the mother has confessed to the crime.

Cameras were not allowed inside the courthouse as lawyers for Lisa Greene told a judge she had taken tranquilizers and other medication before being questioned by detectives.

The defense said Greene’s confession was made under duress, but prosecutors said they have plenty of other evidence to prove Greene planned to kill her two children.

Autopsies revealed that 8-year-old Addison Macemore and her 10-year old brother Daniel died from carbon monoxide poisoning during the January fire at their Midland home.

Greene initially told investigators she woke up and discovered the fire coming from her daughter’s bedroom and was not able to save her children.

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But prosecutors said Greene started the fire intentionally and made no attempt to rescue her son and daughter, but instead pretended to have an injured foot as her home burned.

The judge heard a 911 call in which several minutes go by before dispatchers realize there are children trapped inside the fire. Lawyers for both sides argue that the call helps prove their case,

“I do not believe that it shows any form of premeditated murder,” defense attorney Lisa Dubs said. I believe that it shows that Lisa was trying to get help for her children.”

“Any mother who has children burning in a home, that’s their main concern, not an ankle,” prosecutor Ashlie Shanley said. “In fact later, as I said, there were no injuries to Ms. Greene so I don’t even know if she was alleging a real injury."

"We’ve just really have to see what this evidence is that the state says they’ve got first," Dubs said.

6NEWS also heard some emotional testimony from Greene’s family as they asked a judge to let her out of jail until her trial, the judge refused that request. Greene remains in custody at the Cabarrus County Jail under no bond.