Leo M. Ryan, et al. - Page 42

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          (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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