- 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.Page: Previous 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 Next
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