Allegedly. The 2 rules of his Fight Club were no underage sex stuff and no physical harm. That hitman claim was not part of his charges or sentencing. The heavy sentencing was to like "send a message" the judge said.
In hindsight, the prosecution probably wished they didn't do that, since they are said to have had overwhelming evidence and proof, and there is even a Wired article about chat logs pertaining to DPR seeking services, but those are the breaks! If you don't do your due diligence, criminals can be let off on a technicality too!
They absolutely do that all the freaking time. Especially when other convictions already result in a long sentence.
Prosecutors have limited bandwidth, and just wasting time adding one more life imprisonment on top of a life imprisonment is not helpful.