United States v. Dennis King

75 F.3d 1217, 1996 U.S. App. LEXIS 2068, 1996 WL 55612
CourtCourt of Appeals for the Seventh Circuit
DecidedFebruary 12, 1996
Docket94-3885
StatusPublished
Cited by16 cases

This text of 75 F.3d 1217 (United States v. Dennis King) is published on Counsel Stack Legal Research, covering Court of Appeals for the Seventh Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
United States v. Dennis King, 75 F.3d 1217, 1996 U.S. App. LEXIS 2068, 1996 WL 55612 (7th Cir. 1996).

Opinion

MANION, Circuit Judge.

A jury convicted Dennis King of six counts of using interstate facilities with the intent to hire someone to murder his wife in violation of 18 U.S.C. § 1958. King appeals his conviction on various grounds. We affirm.

I.

A summary of the evidence at trial demonstrates how this faded marriage evolved into a rancorous plot to commit murder. Dennis King was a successful businessman with considerable assets. He owned Barber King, a prosperous company which sold a popular hair cutting device. The assets of his family and business together totaled many millions of dollars. But his success in business was not matched by success in marriage. King married his wife Frances in 1975. They had two sons. In November 1990 Frances King filed for divorce.

The Kings’ divorce proceedings were bitter. Because the Kings were unable to settle on a division of their considerable assets or arrive at an amount of monetary support for Frances King and’ the children, the Illinois state court judge presiding over their divorce action ordered various support payments which Mr. King paid only intermittently. At one point he was $92,000 in arrears in these payments, and the judge threatened King with contempt. The state court judge also enjoined King’s brother, Edward, from transferring money for. King, and placed a temporary restraining order on King from dissipating assets.

As the divorce proceedings dragged on and settlement discussions bore no fruit, Dennis King became progressively more angry and frustrated. King shared these feelings with his nephew, John King (the son of Dennis’ brother, Edward), who worked as a disc jockey in Cody, Wyoming. John King testified that beginning in the fall of 1991, and continuing through December 1993, Dennis King talked to him on a number of occasions about having his wife Frances killed. At first, Dennis and John King talked less frequently, but during each of the conversations, the same topic arose: Dennis King wanted John King to either murder Frances King himself or hire someone else to kill her.

At Christmas time 1991 John King was in the Chicago area for the holidays. During that visit John said that his uncle showed him $50,000 and asked him to “make a plan to do it or find somebody that would kill *1220 Fran.” By June 1993 the situation had become even more intense. Dennis King traveled to Wyoming ostensibly on vacation. John said that on this trip his uncle told him “with increased intensity and urgency” that “an end needed to come soon to the divorce proceedings.”

On December 1, 1993, Dennis King in Illinois contacted his nephew John King in Wyoming by telephone. At the time John King was working in the production room at a radio station. After talking to Dennis for a few minutes, John activated recording equipment in the studio and taped the remaining portion of the conversation without alerting Dennis. That same day John approached the local police with the recording; the police immediately turned it over to the F.B.I. John later agreed to record future conversations with his uncle. Between December 1 and 15, 1993, John King in Wyoming had a total of eight conversations with Dennis King in Illinois, all of which he recorded, and all of which were admitted as evidence and played for the jury at Dennis’ trial.

Dennis King’s recorded conversations were introduced to demonstrate his intent to have his wife murdered. In the first conversation on December 1, 1993, Dennis updated his nephew on the status of the divorce proceedings, including that he, Dennis, had been threatened with jail for dissipating marital funds. Dennis stated repeatedly in this conversation that he did not want his nephew directly involved in the murder, but that he wanted John to find someone to do it. Two days later John King called his uncle and advised him that he had thought about his uncle’s offer and could “probably hook you up.” Dennis cut the conversation short, explaining to his nephew that the telephone line might be tapped and that he would call him back shortly. Fifteen minutes later Dennis called John and told John that he would like “it” to be committed within the next few weeks and while he was in El Paso, Texas, giving him an alibi. John King falsely advised his uncle that he had “found a guy out here” to commit the murder. Dennis told John that he would pay $20,000 for a hit-man, and that he would pay $5,000 to his nephew as a “finder’s fee.” They concluded the conversation and agreed to talk the following Monday by telephone.

That Monday, December 6, 1993, John King telephoned Dennis. Dennis told his nephew his motivation for wanting his wife murdered: his anger about her getting custody over their two boys and expending hundreds of thousands of dollars in legal fees for the divorce proceedings. John King again pretended that he had found a hit-man to kill his aunt, and advised Dennis that the hit-man was responsible and had military experience. Dennis told John that Frances worked at a jewelry store and he gave John the location of the store. Dennis again expressed his dislike of using the telephone, which could be tapped, and concluded the conversation, only to travel to a pay telephone and call John back fifteen minutes later. In that conversation Dennis discussed the potential of the telephone line being tapped, and admonished John that “she [Frances] richly, fully expects to get whacked.” Dennis told John that the hit-man should travel to Chicago to “size up the operation” and that Dennis wanted John to hold all the money, except for the hit-man’s travel expenses, and “when the job is complete, and I say complete, then you pay him.” Dennis instructed his nephew that the hit-man should fly to Milwaukee, rent a car, and drive to Palatine, Illinois, where Dennis would wait for him in a parking lot. Dennis promised to send cash to John via Federal Express for the hit-man’s travel expenses if Dennis’ terms were acceptable to the hit-man. When John asked Dennis how he wanted Frances murdered, Dennis suggested a holdup at the jewelry store where she worked. When John noted that the store may have a security system, Dennis suggested a carjacking in the alternative. When John warned his uncle that the hit-man could not fly to Chicago from Wyoming with a weapon, Dennis offered the use of two guns for the murder, a .38 pistol that “can be used as a throw-away”, as well as a .357 caliber second gun. Both of these guns were later found in a barn located on property the Kings owned in Barrington, Illinois. Dennis King had access to this property during the divorce proceedings, and admitted at trial that he owned the guns.

*1221 Later in the evening of December 6, 1993 Dennis King called his nephew from another pay telephone. Dennis told John that he would provide the hit-man with a map when the hit-man arrived in Chicago. Dennis set the following Monday, December 13,1993, as the date for the hit-man to fly to Milwaukee, travel to Palatine, and meet with Dennis. When John inquired whether or not Dennis could secure Frances’s work schedule, Dennis told John that “I don’t want it done at the house.” When John asked whether his uncle wanted “it” (Frances’s dead body) found or not, Dennis said “probably”, and suggested that her body be found “within a couple days.” Dennis and John agreed to discuss their plans later.

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Bluebook (online)
75 F.3d 1217, 1996 U.S. App. LEXIS 2068, 1996 WL 55612, Counsel Stack Legal Research, https://law.counselstack.com/opinion/united-states-v-dennis-king-ca7-1996.