People v. Voit

825 N.E.2d 273, 355 Ill. App. 3d 1015, 292 Ill. Dec. 17, 2004 Ill. App. LEXIS 1481
Appellate Court of Illinois·Decided December 10, 2004·No. 1-03-1126·Published·Cited by 14 cases

Opinion

PRESIDING JUSTICE CAMPBELL

delivered the opinion of the court:

Following a jury trial in the circuit court of Cook County, defendant Sharon Voit was found guilty of solicitation of murder for hire and attempted first degree murder. The trial court sentenced defendant to concurrent terms of 23 and 10 years in prison, respectively. Defendant now appeals.

The record on appeal discloses the following facts. Prior to trial, the State filed a motion in limine to exclude any expert testimony that defendant was vulnerable to influence and entrapment. The trial court initially reserved ruling on that motion, but ultimately granted the motion prior to trial.

At trial, Robyn Poe testified that she had been a figure skating coach for Katie and Kirby Voit, the daughters of defendant Sharon and her husband Kerry. Robyn testified that on March 8, 2000, while at a skating competition in Buffalo, New York, Sharon asked Robyn whether she knew any hit men who could “take [Kerry] out.” Robyn was shocked, but treated it as if Sharon had been joking. Sharon later blamed Robyn for Kirby’s poor performance at the competition and left an angry message on Robyn’s cellular phone voice mail. Robyn discussed the matter with Kerry, ultimately arranging a meeting with Kerry.

On March 11, 2000, Robyn met Kerry at a restaurant. Carl Poe (Robyn’s husband and the Voit daughters’ strength and conditioning coach) also attended, as did Matt Georgopolous (a friend of Kerry’s) and Georgia Hopis (a friend of Sharon’s and a fellow skating mother). During the meeting Robyn asked Kerry if he knew that Sharon had asked her to hire a hit man to kill Kerry. Matt told Kerry that he had heard Sharon venting before. Matt testified that in the summer of 1999, Sharon had said that she would not be happy until Kerry was dead and that she needed to find someone to kill him, and she had made similar comments twice before. Carl told Kerry that Sharon had said similar things to him. Carl testified that in the spring and fall of 1999, when venting her anger toward her husband, Sharon said that she wanted to have him “taken care of’ and “gotten rid of.” Carl had not taken those statements seriously at the time.

Allen Ording, the Voits’ accountant, testified that on March 13, 2000, Sharon called him about tax deductions for the Voits’ cellular phone bills. During the conversation, Sharon asked whether Kerry had changed the beneficiary on his life insurance policy. Ording responded that he did not know whether the beneficiary had been changed.

Michelle Cohen, who knew the Voits through her daughter, who also skated, testified that she had known Sharon was unhappy in her marriage since at least 1996. On March 17, 2000, while watching a skating practice together, Michelle told Sharon that she looked nice. According to Michelle, Sharon responded that she had someone to look nice for, named Scott Reeder. Toward the end of the conversation Sharon told Michelle that “something was going to change in the very near future.” Sharon could not tell Michelle what it was, but said that Michelle would find out in the next few weeks.

On March 14, 2000, Chicago police detective John Duffy interviewed Kerry, who had previously spoken to an assistant State’s Attorney. The next day, Detective Duffy interviewed Georgopolous and the Poes. Kerry gave Detective Duffy Sharon’s home and cellular phone numbers. On March 16, 2000 Detective Duffy arranged for Investigator Tim Kaufmann, of the special operations bureau of the Cook County sheriffs police department, to assist in the case.

Detective Duffy and Investigator Kaufmann decided to make a “predicate phone call” to Sharon, the “target” of the investigation. Investigator Kaufmann placed the call, while Detective Duffy listened on an extension and took notes. The officers testified that in this phone call, Kaufmann stated that he understood that Sharon “had a problem” that she wanted “taken care of.” Sharon asked whether Scott Reeder had given him her phone number; Kaufmann replied that he did not want to mention any names. Kaufmann asked whether it was a serious problem; Sharon replied that it was and that she needed it taken care of.

Kaufmann testified that Sharon wanted to meet him in person; Duffy testified that Kaufmann suggested the meeting. Kaufmann testified that when he suggested meeting in a public place, Sharon suggested the parking lot of a Jewel store at the intersection of Willow and Waukegan at 1:30 p.m. the next day. Kaufmann described himself and asked what she would be driving. Sharon told him she would be driving a silver Chevrolet sport utility vehicle.

The officers obtained a consensual overhear warrant, which was valid for 10 days. The officers assembled a surveillance team to record the meeting on audio and video tape. Kaufmann was wired with a body microphone, tape recorder and transmitter for a surveillance van. Three other undercover cars would monitor the entrances to the Jewel parking lot.

The audio and video tapes of Kaufmann’s meetings with Sharon were played for the jury. Police technicians enhanced the sound on some of the audio cassettes to boost the volume of Sharon’s voice. The tapes were also transcribed; copies of the transcripts were provided to the jury.

In the first conversation, Sharon is overheard saying that Kerry’s parting words to her in Buffalo were, “I should bash you right now, you deserve it, you should be in jail.” Kaufmann said that he would solve her problems if she wanted it done. Sharon said “yep,” and that “it’s gotta be done.”

Kaufmann asked whether she had the money; Sharon said she could get it. Sharon said that she did not know an exact amount. Kaufmann asked how much money Sharon could raise. Sharon replied that “Scott” had mentioned “somewhere around seven possibly.” Kaufman said that would be reasonable. Kaufmann then said that this would be their last contact, so that if she told him she wanted it done, it is done. Sharon replied that there was no doubt in her mind.

Kaufmann then told Sharon that he was a Vietnam veteran, that the government had paid him to kill people, so he had no problem doing anything. Sharon became quiet, then mentioned that Kerry was going on a scuba diving trip the next week.

Kaufmann said that he was going to have Sharon write down some information; Sharon replied, “Uh-huh.” Kaufmann asked whether Sharon had a photo of Kerry to give him; Sharon did not think so. Kaufmann said he was going to ask about Kerry’s habits and for her phone number, as he had thrown it away after his call the previous day. Sharon stated that she had a cellular phone which only she used and that no one else saw the bill. Kaufmann asked her not to confide in anyone about the matter, especially a boyfriend or someone like that; Sharon agreed. Kaufmann asked if there was anything in particular that she wanted done. Sharon stated that she just wanted “to have the misery finished” and that she did not want to know how it would happen.

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People v. Voit, 825 N.E.2d 273, 355 Ill. App. 3d 1015, 292 Ill. Dec. 17, 2004 Ill. App. LEXIS 1481 (Ill. Ct. App. 2004).

825 N.E.2d 273 (People v. Voit) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

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