- 42 -
(Lees). Karasinski paid Lees $6,050 for some cocaine,20 but did
not purchase the marijuana he had requested. Hund, Grove,
Giongo, and Wilson stopped Lees while he was driving away from
the sale and seized two large clear plastic bags of marijuana.
The officers appropriated the $6,050 from Lees during the search
and did not return it. Lees was arrested and charged for having
the marijuana, but not for the cocaine sale. Hund was the
assigned officer and did not mention the cocaine sale or money in
the investigation report.
Respondent asserts $6,050 was appropriated and divided six
ways (including petitioners and Hund), each petitioner receiving
$1,008 from the Lees search. Hund testified that, after the Lees
search and two subsequent searches that night, he received $800
to $1,000 from Wilson, who also handed money to Grove, Ryan,
Cattalo, and Giongo. Grove and Wilson were convicted of robbery
of the money obtained from the Lees search and conspiracy to
steal the money, and Giongo was convicted of conspiracy.
Petitioners argue that the Lees search was a buy-bust and that
the purchase money was not "stolen", but there is no evidence to
that effect,21 and the convictions estop those convicted from
denying the robbery occurred. Cattalo and Ryan did not
20 The officers either gave Karasinski the money used to
purchase the cocaine from Lees or, more likely, reimbursed him
out of the sale proceeds.
21 Hund did not mention the cocaine deal in his testimony or in
the investigation report.
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