People v. Zirko

(Modified upon denial of rehearing 8/21/12.) Defendant was convicted of two counts of first-degree murder and one count of solicitation of murder. Court properly instructed jury on theory of accountability for murder charges. Evidence supported accountability theory, though no third person had been identified. Defendant actively searched for someone to murder victim for nearly a year, no sign of forced entry, and reasonable to infer that victim would not have allowed Defendant to enter her home. Court properly admitted evidence of Defendant's Internet browsing history, as relevant to prove that he solicited or committed murders, and his motive and intent to do so. Defense counsel's decisions to join murder and solicitation of murder charges, and as to which witnesses to call, were matters of trial strategy; thus, no ineffective assistance of counsel. (QUINN and CONNORS, concurring.)