Met 23 y/o Andrew Silicani, 23, of Cheyenne, WY. That is his April, 2012 MY mugshot below…
Andrew was sentenced in April, 2012 and was serving a five (5) to seven (7) year prison sentence for conspiracy to commit robbery and robbery resulting in bodily injury when during his stay at Rawlins State Prison, he made inquiry into having his parents killed. Andrew contacted a person, who became a CI (confidential informant) to the FBI and who reported that Andrew had asked if the source would be willing to kill Andrew’s mother and stepfather. FBI Agents instructed the CI to direct Andrew to correspond with an FBI agent who would pose as a hit man. Naturally Andrew did, providing the supposed hit man with the names and address of his parents and saying that he didn’t want to pay more than $100,000 for the “demolition work.” Andrew reportedly expected to receive $850,000 in life insurance and property, and the CI told law enforcement that Andrew was excited at the prospect of the murders and said he planned to buy “a Cadillac Escalade, clothes and jewelry.”
Yesterday (on Monday, April 27th, 2015) Andrew pled guilty in federal court to four (4) counts of using the mail in his unsuccessful plan to hire someone to carry out the murders, and he now faces up to 40 years at sentencing this summer. Andrew declined to follow the advise of his lawyer and refused the US Government’s plea offer of 35 years, with the bonus of a guarantee that he would not face independent prosecution from WY State authorities for his attempt at “murder for hire” (yes, you read that right, it is NOT double jeopardy for two (2) separate sovereigns – a State and the Feds – to charge and prosecute and punish you fore the same offense.)
Accordingly, Andrew pled guilty to all of the federal charges against him with no agreement from prosecutors to recommend a lesser sentence, and now, having effectively poked the bear (by rejecting the US Attorney’s plea offer) Andrew will likely also be independently prosecuted and sentenced by the State of Wyoming.
In recounting his actions to support his guilty plea (in federal court an “allocution” – a factual proffer admitting guilt – is required as a prerequisite to the Court accepting a plea), Andrew said to U.S. District Court Judge Nancy Freudenthal: “I used the mail, wrote four letters asking for this to be done — for the murders of my mom and stepdad. I understand what I’ve done. I felt that pleading guilty would be best.” Andrew added that he regarded his actions as “a big error in judgment — I’d take it back if I could.”. Judge Freudenthal replied by saying: “I think it’s fair to say that you’ll be looking at some time in custody”. “Murder for Hire”: Like most crimes, it’s only worth it if you don’t get caught.
Memo to Andrew (& the Folks): Thirty-five (35) years is a long time, but you were caught dead to rights, planned on admitting guilt, faced forty (40) years and (plus) consecutive State prosecution and sentencing. As painful as it sounded you should have listened to your lawyer. There are exceptions to every rule but, usually, we offer up advise which is in our client’s not in our own, best interests. Most of us (criminal defense lawyers) love litigation and trials. In fact that is why most of us do what we do. Not only does it give us pleasure and both a challenge and a sense of accomplishment, but it is in our financial interests (i. e. we usually make more money) to litigate as opposed to where a plea is taken.
Sometimes a refusal to follow your lawyer’s advise will work out for you, but usually not.
Since 1991 Michael A. Haber, P.A. has been creatively, effectively and zealously representing clients, both juvenile and adult, in both State and Federal Courts, in criminal cases ranging from DUI to drug trafficking and from misdemeanors to first degree murder.
At Michael A. Haber, P.A. “Its all about reasonable doubt”!
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