- 41 -
proceeds were divided, we attribute $14,000 to Hund and divide
$51,000 equally among petitioners ($10,200 each). We allocate
two diamonds, or $50,19 each to Wilson, Cattalo, and Grove.
Raymond Brown Search
Also on December 30, 1982, Cattalo obtained a search warrant
for the home of Raymond Brown (Brown), one of Hitchens'
customers, and after the above-described Hitchens search,
Cattalo, Wilson, Grove, and Hund executed the Brown search
warrant. The officers found a small amount of drugs and arrested
Brown.
Respondent asserts that $6,000 was appropriated and divided
six ways (including petitioners and Hund), each petitioner
receiving $1,000 from the Brown search. Brown did not testify.
Hund testified that Grove found and held $6,000, but that Cattalo
gave Hund $800. There was no testimony regarding the other
petitioners. We sustain respondent's assertion as to the amount
of the deficiency resulting from the Brown search for Cattalo
only, there being no predicate evidence connecting the other
petitioners to money appropriated from Brown.
Raymond Lees Search
On January 7, 1983, on the basis of information Hund
received from Karasinski, Hund and Grove set up Raymond Lees
19 According to Hitchens, he paid approximately $6,000 to
$8,000 for about 300 diamonds. Thus, on average, each was worth
about $20 to $27.
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