> What a lot of people are overlooking is that there were two separate indictments in two separate courts with two separate prosecution teams.

They're not overlooking this, they're criticizing it.

Suppose you have to prove that someone occupied "a position of organizer, a supervisory position, or any other position of management" so you introduce several pieces of evidence to try to prove it, one of them is some sketchy murder for hire allegations from a low-credibility source. The jury then convicts on the conspiracy charge without indicating whether they believed the murder for hire claim was proved beyond a reasonable doubt.

Should you now use the murder for hire claim to determine sentencing for the conspiracy charge? No, that's crazy, it's a much more serious crime and they should have to charge and prove that as a separate count if they want it to affect the penalty.