Developer's attorneys: Dismiss murder-for-hire case

April 13, 2011 4:57:34 AM PDT
Defense attorneys for a Chicago real estate developer want a judge in Colorado to dismiss a murder for hire case.

Brooks Kellogg is accused of trying to hire a man to kill a former business partner.

The FBI arrested him in Denver last fall after he allegedly gave money to an undercover agent.

The FBI admits a video camera used to record the meeting didn't work.

Kellogg's lawyers are accusing the government of misconduct.

A Denver newspaper reports that the government's key witness, Kellogg's mistress, turned out to be a convicted felon who initiated the plot.

The FBI says the case should still proceed because Kellogg eventually went along with the idea.