People v. Zirko

• Decision Date: 21 August 2012
• Docket Number: No. 1–09–2158.,1–09–2158.
• Citation: 2012 IL App (1st) 092158,976 N.E.2d 361,364 Ill.Dec. 83
• Parties: The PEOPLE of the State of Illinois, Plaintiff–Appellee, v. Steven ZIRKO, Defendant–Appellant.
• Court: United States Appellate Court of Illinois

2012 IL App (1st) 092158

976 N.E.2d 361

364 Ill.Dec. 83

The PEOPLE of the State of Illinois, Plaintiff–Appellee,

v.Steven ZIRKO, Defendant–Appellant.

No. 1–09–2158.

Appellate Court of Illinois,

First District, Second Division.

June 5, 2012.

Modified upon Denial of Rehearing Aug. 21, 2012.

Michael J. Pelletier, Alan D. Goldberg, and Heidi Linn Lambros, State Appellate Defender's Office, Chicago, for appellant.

Anita M. Alvarez, State's Attorney, Chicago (Alan J. Spellberg, Ashley A. Romito, and Jessica R. Ball, Assistant State's Attorneys, of counsel), for the People.

OPINION

Justice CUNNINGHAM delivered the judgment of the court, with opinion.

[364 Ill.Dec. 88]¶ 1 This appeal arises from a July 21, 2009 judgment entered by the circuit court of Cook County which found the defendant-appellant, Steven Louis Zirko (Zirko), guilty of two counts of first-degree murder and one count of solicitation of murder. Zirko was sentenced to two natural life sentences for murder and a concurrent 30–year sentence for solicitation of murder. On appeal, Zirko argues that: (1) the trial court erred when it instructed the jury on the theory of accountability for the murder charges; (2) the trial court erred when it admitted evidence of Zirko's Internet search history; (3) the trial court erred when it denied Zirko's motion to quash arrest and suppress evidence; (4) the plaintiff-appellee, the People of the State of Illinois (State), failed to prove beyond a reasonable doubt that Zirko committed murder; (5) Zirko's trial counsel was ineffective for requesting that the solicitation of murder and murder charges be joined; (6) the State failed to prove beyond a reasonable doubt that Zirko committed solicitation of murder; (7) the trial court failed to comply with Illinois Supreme Court Rule 431(b) (eff. May 1, 2007); and (8) this matter should be remanded for a proper inquiry into Zirko's pro se claims for ineffective assistance of counsel. For the following reasons, we affirm the judgment of the circuit court of Cook County.

¶ 2 BACKGROUND

¶ 3 On December 13, 2004, Mary Lacey (Mary) and Margaret Ballog (Margaret) were found dead in Mary's house at 1901 George Court, Glenview, Illinois. On January 12, 2005, Zirko was charged with the first-degree murders of Mary and Margaret, and with solicitation of murder. The trial commenced on June 8, 2009 in the circuit court of Cook County.

¶ 4 Zirko began dating Mary in 1994. At that time, Mary had two children from a previous marriage, Susan Lacey (Susan) and Raymond Lacey (Ray). In 1994, Mary, Zirko, Susan and Ray moved to Fort Lauderdale, Florida. Mary and Zirko then had two other children; Zachary, born in 1996, and Dylan, born in 1998. Susan and Ray testified that Zirko began physically abusing Mary after Dylan was born. Ray testified that in March 2000, Ray was at his aunt Stephanie's house when Mary ran in crying and stated that Zirko hit her. On December 26, 2002, Ray and Susan witnessed Zirko hit Mary in the mouth, knocking her to the floor. In spring 2003, Mary and Zirko ended their relationship and Mary, Ray, Zachary and Dylan moved to 3120 N. Parkside, Park Ridge, Illinois (Park Ridge house). Zirko moved in with his parents at 5806 N. Richmond, Chicago, Illinois (Zirko's house).

¶ 5 Mary received an order of protection against Zirko and set up a system for the children's visitation with Zirko in which Zachary and Dylan would get dropped off at the home of Mary's sister, Tracy Youhanna's (Tracy) house, and Zirko would pick them up from Tracy's house for visitation. Ray testified that this system was established because Mary did not want Zirko to know where they lived. On September 13, 2003, Irma Delaguardia (Irma) testified that she lived across the street from Mary and saw Zirko approach Mary's minivan, which was parked in front of the Park Ridge house. Irma testified that Zirko took something out of the minivan, walked up to the front of Mary's building where the mailboxes were located, then returned to his car and drove away. On that same day, Ray testified that he was driving to his girlfriend's house when he saw Zirko's car parked down the street from the Park Ridge house. Ray continued driving down the street past Zirko's car and Zirko began to follow him. Zirko followed Ray for a few turns and then Ray got scared and drove home. On December 9, 2003, Zirko was convicted of violating the order of protection. In October 2004, Mary, Zacharyand Dylan moved to 1901 George Court, Glenview, Illinois (Mary's house).

¶ 6 On December 3, 2003, Zirko went to an appointment with his chiropractor, Dr. Chard Larson (Dr. Larson). Dr. Larson had treated Mary, Zirko, Zachary and Dylan over a period of time. Dr. Larson testified that during the December 3, 2003 appointment, Zirko was very upset and was complaining about Mary using his minivan and getting tickets. Zirko asked Dr. Larson if he knew anyone that could help him get his minivan back, and Dr. Larson gave Zirko's phone number to Perry Maslo (Perry). Perry met with Zirko in January 2004. Perry testified that Zirko complained about Mary and said that he wanted his kids back. Perry also testified that Zirko said that he wanted to “off” Mary. Perry told Zirko that he would have to think about it and that they should have another meeting. At their second meeting, Zirko brought a picture of Mary and said that he wanted her “offed.” Perry suggested planting drugs on Mary instead, but Zirko refused and said that he still wanted her “offed.” Perry agreed to run surveillance on Mary for $1,000. Zirko paid Perry and after Perry followed Mary once, he asked Zirko for more money. Zirko refused and his communication with Perry ended.

¶ 7 Throughout 2004, Zirko had several appointments with Dr. Larson. Dr. Larson testified that Zirko became increasingly upset over his situation with Mary. Dr. Larson testified that Zirko asked him if he knew anyone who could break Mary's legs. Dr. Larson felt at that point that Zirko was just venting. At a subsequent appointment, Zirko told Dr. Larson that breaking Mary's legs would not be enough, and Zirko asked Dr. Larson if he knew anyone that would kill Mary. Dr. Larson testified that he told Zirko that he would “look into it,” but had no intention of actually following through. Dr. Larson felt that he had control of the situation and could calm Zirko down by saying he would look into Zirko's requests. Dr. Larson testified that Zirko's requests became more real to him when Zirko told Dr. Larson that he had a $25,000 life insurance policy and $10,000 cash that he would pay to someone to kill Mary. Zirko talked about this multiple times and repeatedly asked Dr. Larson if he had found anyone to kill Mary.

¶ 8 In June 2004, Zirko told Dr. Larson that he would be traveling to Australia with his girlfriend, Kelly St. John (Kelly). Zirko said this would be a perfect time for someone to kill Mary because he would have the alibi of being out of the country. Dr. Larson told Zirko he would look into it. While in Australia, Zirko called Dr. Larson numerous times and left messages asking whether it was time for him to come home. Dr. Larson understood the messages to mean that Zirko was inquiring whether he had found someone to kill Mary. On July 9, 2004, Zirko had another appointment with Dr. Larson. Zirko told Dr. Larson that he was upset that his plan to have Mary killed while he was in Australia did not happen. At this point, Dr. Larson told Zirko that he would never find someone to kill Mary. Zirko left Dr. Larson's office angrily, and Dr. Larson did not expect to see him again.

¶ 9 However, on October 1, 2004, Zirko visited Dr. Larson's office for a scheduled appointment. Zirko told Dr. Larson that he had a plan to kill Mary and he needed Dr. Larson's help in establishing an alibi. Zirko told Dr. Larson that he would start a pattern of visits to Dr. Larson's office. Zirko said that once the pattern was established, he would need Dr. Larson to swipe his credit card to show that he was at Dr. Larson's office when he really was not there. Zirko told Dr. Larson that this would need to take place at his Palatine office rather than his Chicago office because the Palatine office did not have security cameras. Dr. Larson claimed that he agreed to help Zirko with the alibi because he was scared. Dr. Larson swiped Zirko's credit card the following Friday even though Zirko was not there.

¶ 10 Dr. Larson soon felt that he no longer had control of the situation and contacted a friend, Darryl Daley (Detective Daley), who was a detective for the Chicago police department. Detective Daley told Dr. Larson to tell Zirko that he found someone to kill Mary so they could insert another officer into the situation to pose as the killer. On October 13, 2004, Dr. Larson met with Zirko again. Dr. Larson told Zirko that he found someone to kill Mary and asked if Zirko wanted to meet the killer. Zirko refused and said that he was going to get his father to help him since his father was a bagman for the mob and was the only person he could trust. Zirko told Dr. Larson that the plan was well thought out and they were going to do a few dry runs. Zirko mimed a gunshot during their conversation about the plan. Zirko also asked Dr. Larson to swipe his credit card the following morning. Zirko called Dr. Larson the next day and told Dr. Larson that he did not need help anymore. Dr. Larson called Detective Daley because he was worried that Zirko knew he had spoken with police. Detective Daley told Dr. Larson to contact the Palatine police because the conversations with Zirko took place in Palatine.

¶ 11 On October 15, 2004, Dr. Larson met with two detectives from the Palatine police and said that he would cooperate with the police. The detectives asked Dr. Larson if he was willing to wear a wire and gave him a deadline of October 18, 2004 to decide. In the meantime they set up watch on Mary's house and talked to Mary about the murder-for-hire...