Nature of the Case
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Facts
D sold cocaine to Wehrmeister at least 20 times between 1980 and 1989. On March 2, 1989, Wehrmeister purchased cocaine from D to resell to a customer, Hogan, who was cooperating with law enforcement authorities. Wehrmeister was unaware that Hogan was cooperating with law enforcement authorities. Police arrested both Wehrmeister and D. The defendant was charged with drug and weapons offenses and incarcerated in the Du Page County jail, where he remained pending trial. Wehrmeister agreed to cooperate with authorities against the defendant and testify against him at his trial scheduled for June 22, 1989. On June 12, 1989, John Bivins, a fellow inmate of D, advised the State's Attorney's office through his attorney that D was looking for a hit man to kill Wehrmeister. Bivins gave authorities two maps and two notes written by D. The maps and notes were to be used by the hit man. The maps showed the location of Wehrmeister's home. The notes threatened both Wehrmeister and Hogan. Police gave Bivins an untraceable undercover phone number which Bivins gave to D along with the names 'Dan' and 'Bob' as persons D could call to arrange a hit. State's Attorney investigators Dan Callahan and Bob Holguin would answer the phone and pose as hit men. D made five phone calls to the undercover phone number. D agreed to pay Callahan $5,000 for Wehrmeister's murder with $2,500 up front. D stated he would need a day to make arrangements for the delivery of the up-front money. D told Callahan he would call him the next day to further discuss the delivery of the up-front money. D told Callahan the up-front money was coming from out of town and Callahan could pick it up from Ken Drost, an attorney, at his downtown Chicago office. D instructed Callahan to tell Drost he was an investigator there to pick up an envelope. D supplied Callahan with information to facilitate the murder of Wehrmeister. This occurred after Callahan told D 'when your [sic] payin' me to kill somebody I need to know everything I can.' D told Callahan where Wehrmeister lived, discussed Wehrmeister's habits, and described Wehrmeister's living arrangements. D's wife had sent $2,500 in the form of a money order to Drost. On June 20, 1989, Callahan went to Drost's office and met Drost. Drost endorsed the money order and delivered it to Callahan. At his trial, D contended he did not really intend to have Wehrmeister murdered. D also testified that after he discovered the hit man was a phony he went along with the scheme knowing no one would really be hurt. D was convicted and appealed. D contends that the State failed to prove the 'agreement' element of its solicitation of murder for hire charge.
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