People v. Landwer

• Decision Date: 29 December 1993
• Docket Number: No. 2-92-0232,2-92-0232
• Citation: 626 N.E.2d 306,254 Ill.App.3d 120
• Parties: , 193 Ill.Dec. 273 The PEOPLE of the State of Illinois, Plaintiff-Appellee, v. Charles LANDWER, Defendant-Appellant.
• Court: United States Appellate Court of Illinois

Page 306

626 N.E.2d 306

254 Ill.App.3d 120, 193 Ill.Dec. 273

The PEOPLE of the State of Illinois, Plaintiff-Appellee, v. Charles LANDWER, Defendant-Appellant.

No. 2-92-0232.

Appellate Court of Illinois Second District.

Dec. 29, 1993.

G. Joseph Weller, Deputy Defender, Ingrid L. Moller, Paul J. Glaser (argued), Office of State Appellate Defender, Elgin, for Charles Landwer.

James E. Ryan, Du Page County State's Atty., William L. Browers, Deputy Director, Mary Beth Burns (argued), State's Attys. Appellate Prosecutor, Elgin, Norbert J. Goetten, Dir., State's Atty. Prosecutor, Springfield, for People.

Justice McLAREN delivered the opinion of the court:

The defendant, Charles Landwer, was charged by indictment on January 9, 1991, with two counts of solicitation of murder for hire. (Ill.Rev.Stat.1989, ch. 38, par. 8-1.2 (now 720 ILCS 5/8-1.2 (West 1992)).) He raised the affirmative defense of entrapment. (Ill.Rev.Stat.1989, ch. 38, par. 7-12 (now 720 ILCS 5/7-12 (West 1992)).) The matter was tried before a jury, which convicted the defendant on November 8, 1991, of both counts. He was sentenced on February 21, 1992, to two concurrent terms of 20 years in prison. The defendant filed a timely appeal, and we now reverse and remand for a new trial.

The defendant, owner of Chuck's Auto, an auto repair and body shop in Hanover Park, was convicted of soliciting the murders of two of his former employees, Aric Cherim and James Haliotis.

Haliotis worked as a mechanic at Chuck's Auto for about a year and a half. The defendant apparently became angry at him because he suspected Haliotis of stealing tools from the shop and sending him threatening letters. Cherim's job was picking up and cleaning cars. He eventually helped the defendant "repossess" vehicles. After taking several cars over a period of months, Cherim said he became convinced that the repossessions were actually thefts. He went to the Du Page County State's Attorney's office on October 12, 1990, and spoke to investigator Lori Chassee, who began an investigation. On October 31, 1990, a 36-count indictment was returned against the defendant, charging him with various automobile offenses.

The defendant testified he became angry when he learned that Cherim had spoken to the State's Attorney's office and wanted to scare him. The defendant claimed that he originally intended to have Cherim and Haliotis injured and only acquiesced to murder for hire after repeated prodding by the person he thought was a "hit man" but who turned out to be Robert Holguin, an investigator with the Du Page County State's Attorney's office.

The defendant was introduced to Holguin by Chris Bowden, who testified that he began repossessing cars with the defendant in July 1990. Bowden testified that after the defendant was arrested in connection with the alleged thefts, the defendant called him and told him to keep silent if anyone asked him about their repossession business. Bowden said that on November 16, 1990, the defendant told him that Cherim had talked to the State's Attorney's office and asked Bowden if he "had a problem with Aric [Cherim] being taken out." Bowden said he told the defendant that he did not want to talk about it. Bowden said that several days later, the defendant told him he would "get him," referring to Cherim. Bowden said the defendant told him that he knew where Cherim's girlfriend worked and then said that Martin Luther King "would still be alive today if he would have just learned to keep his mouth shut." Bowden said he then became frightened and called the State's Attorney's office on November 18; he told Chassee that the defendant planned to kill Cherim.

Bowden also testified that on December 11, the defendant told him that Cherim was "a dead man, just like anybody else who talks," and claimed that he (the defendant) had some friends "working on it, and when Aric isn't looking over his shoulder, he is going to hit him." On December 19, Bowden said, the defendant asked him to befriend Cherim so that police would not suspect Bowden if Cherim "had an accident." Bowden said he then called Chassee and consented to assist in eavesdropping of phone calls with the defendant.

On December 21, Chassee secured an eavesdropping order from a Du Page County judge. Bowden was the consenting party and agent for the effort, and the defendant was the target of the eavesdrop. Later that day, Bowden, with Chassee present, made the first of a series of tape-recorded telephone calls to the defendant. All of the recordings were entered into evidence at trial and were played in open court.

A tape-recorded call was placed from the State's Attorney's office on December 22, during which the defendant was heard to tell Bowden that the defendant knew a man named "Barbecue Jerry" who had "some friends who could help some of our friends have a change of attitude."

A call made December 26 included a passage in which the defendant again referred to Barbecue Jerry:

"LANDWER: Well, he's got some people who are going to, you know, turn--change people's mind, you know, did you ever steal a cookie when you were small and your mother slapped your hand?

BOWDEN: Right.

LANDWER: Well, that's exactly what's gonna happen."

The first call involving investigator Robert Holguin was placed by Bowden from the De Kalb police department on December 28. Holguin testified that prior to this call he instructed Bowden to tell the defendant not to trust Barbecue Jerry but instead convince him that he knew of a more reliable "hit man." Bowden complied, and the following conversation ensued:

"BOWDEN: Well this [new] guy [Holguin] will probably come through, you know? Well what exactly do you want to do? This guy makes people gone, like that's what we're talking, right?

LANDWER: I thought a severe beating would be sufficient because then if it ever filtered down to us.

BOWDEN: I want to track down Aric.

LANDWER: We'd like to see seven days in the nice hospital.

BOWDEN: In the next seven days?

LANDWER: No, we'd like to see them spend seven days in the hospital.

BOWDEN: Oh, O.K., I see.

LANDWER: You know a couple of broken legs is fine, something you can't you know [sic ].

BOWDEN: Well, I was thinking.

LANDWER: Uh, you were unless you want to have it gone, that would be fine, too.

BOWDEN: Well, that's what I assumed, I mean.

LANDWER: I would lose no sleep over it, would you?

BOWDEN: No, no.

* * * * * *

LANDWER: Yeah, call the guy, get the story, and then if he wants like a nickel [$500] apiece, yeah, we can do that.

BOWDEN: That's probably what he'll want.

LANDWER: That's no problem, I mean, he'll get the job done.

BOWDEN: Yeah, I'm like, I'm pretty confident. I wouldn't have told you about it if I didn't think so.

LANDWER: Gone might be better.

BOWDEN: What's that?

LANDWER: Gone might be good.

BOWDEN: Well, that's kind of like what this guy does, I mean, that's what I, you know, mean that's my motivation for getting him.

LANDWER: All I think is that this has got to come to a grinding halt. The stories have to be stopped today."

Bowden next called the defendant on January 2, 1991, to tell him that his "hit man" wanted $600 for each person they wanted taken care of. The next day, Bowden called the defendant to make arrangements to have him meet with himself and the hit man, Holguin. The defendant was very reluctant and urged Bowden to handle the arrangements himself. After Bowden told him the hit man would only take the job if he met the defendant personally, the defendant agreed to the meeting, which was held later that day in the parking lot of a fast-food restaurant. During that meeting, in which Holguin was fitted with a recording device, the following conversation ensued:

"HOLGUIN: O.K. Well, I mean, what kind of an end do you want?

LANDWER: Whatever you feel comfortable, you know, you know. Whatever you think is a ... (inaudible).

HOLGUIN: Well, you know. I'll tell you. You're paying for it man, I mean, you're the one, I mean, this guy's gonna be pissed off cause, you know, you bang him up a little. Is he gonna, is it gonna piss him off more, I mean, what do you want?

LANDWER: I don't know.

HOLGUIN: What do you want, I mean.

LANDWER: What do you think, Chris? What do you think? Put an end to this problem once and for all?

BOWDEN: I thought that was your understanding. You know, that's kind of what I led him to believe.

LANDWER: That's fine.

* * * * * *

HOLGUIN: O.K. The problem is, what do you want done, I mean.

LANDWER: Well, I mean, what do you think it will take to keep the kid quiet? What do you think, Chris, do you just want to get rid of it?

BOWDEN: Well you talked, that's what I assumed you were talking about.

LANDWER: I think that's best and the least problems.

* * * * * *

HOLGUIN: You know, obviously it's a lot easier to just hit him. I mean, it depends on what you want.

LANDWER: That's probably the best, just ...

HOLGUIN: You know, you, know, they find him, you know, you know, he got somebody pissed, you know, he got in a fight somewhere, boom, somebody just, you know, just blew him away or something.

* * * * * *

HOLGUIN: So you want him dead?

LANDWER: If the story stops, we'll know quick enough if the stories stop, you know what I'm saying.

* * * * * *

HOLGUIN: O.K. So what do you want done with this guy, obviously, do you want a broken leg, I mean do you want me to shoot him, or what? Once in the head, what? I don't want no misunderstandings, guy, O.K.? Cause I don't want you to come back later at me, well, not, I just, you know, wanted this guy hurt. I mean, tell me exactly what you want.

LANDWER: Do you think it's gonna solve our problems, Chris? Yes or no?

BOWDEN: A hurt body still has lips.

LANDWER: Yeah, see, I think that will just piss him off more. What do you think?

HOLGUIN: Well, my experience is yeah, you know, then he's gonna really be pissed off at you, but it's up to you.

LANDWER: I mean, the kid goes ......