DENVER (AP) - Defense attorneys are asking a judge to dismiss a murder-for-hire case against a Chicago real estate developer in Colorado, accusing the government of misconduct.

Brooks Kellogg is accused of trying to hire a man to kill a former business partner. The FBI arrested him at Denver International Airport last fall after he allegedly gave $2,000 to an undercover agent.

The FBI has since admitted that a video camera used to record the meeting didn't work. The Denver Post also 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.

Kellogg is a part-time resident of Steamboat Springs and a fundraiser for Kansas' Fort Hays State University.

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