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Michael Duonnolo Search
On or about September 30, 1982, Ryan obtained a search
warrant for the home of Michael Duonnolo (Duonnolo). Giongo,
Cattalo, Ryan, and Scott executed the search warrant. The
officers found illegal pills. Ryan appropriated $1,000 from
Duonnolo, telling Duonnolo not to complain about it or they would
arrest his wife as well as Duonnolo himself. Ryan referred
Duonnolo to a specific attorney, so Ryan would receive a
kickback. That attorney called Ryan, who then falsified the
location of drugs reported on the investigation report in order
that Duonnolo would not be convicted. Ryan received $1,000 from
the attorney.
Respondent asserts that Giongo, Wilson, and Cattalo each
received $200 of the $1,000 appropriated from Duonnolo and that
Cattalo received $500 of the $1,000 Ryan received from Duonnolo's
attorney. Scott denies that any money was appropriated, and
there was no testimony from Duonnolo. Ryan did not testify as to
whether or how he shared the $1,000 he appropriated from
Duonnolo. Accordingly, absent sufficient predicate evidence, we
do not allocate any of such payment to the other petitioners.
Ryan testified that he split the $1,000 kickback from Duonnolo's
attorney with Cattalo. We do not believe that Ryan would have
shared such kickback, and do not allocate any part of it to the
other petitioners.
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