In Kuhlman v. Wilson (1986) 477 U.S. 436, a police officer instructed an informant to listen to the defendant to ascertain the identities of others involved in a robbery and murder. Law enforcement had other solid evidence of the defendant's participation. The informant followed the instructions, asked no questions of the defendant about the pending charges, and only listened to the defendant's spontaneous and unsolicited statements. (Kuhlman, supra, 477 U.S. at pp. 439-440.) Under this set of facts, the Supreme Court found no Sixth Amendment violation. (Id. at p. 436.) The Kuhlman court noted "the primary concern of the Massiah line of decisions is secret interrogation by investigatory techniques that are the equivalent of direct police interrogation. . . . The defendant must demonstrate that the police and their informant took some action, beyond merely listening, that was designed deliberately to elicit incriminating remarks." (Kuhlman, supra, 477 U.S. at 459.) "'The Sixth Amendment is not violated whenever--by luck or happenstance--the State obtains incriminating statements from the accused after the right to counsel has attached.'" (Ibid.)