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The officers left Carr's house with the money bags from the
safe, refusing Carr's request to count the money there. At the
unit, they issued Carr a property receipt for $13,505, and
appropriated $5,000 for themselves. A second property receipt,
not signed by Carr, indicates that the officers confiscated one
glass vial with a white powder. Both property receipts contained
the typed names of Ryan and Cattalo. Upon returning home, Carr
found white talcum powder sprinkled all over the bureau in his
bedroom. According to the seizure analysis report, the amber
vial contained 220 milligrams of a white powder which contained
no detectable controlled substance; the attached metal spoon
contained an insufficient quantity of material to give a positive
test for controlled substances. Carr did not have an amber vial
with metal spoon in his house. Charges against Carr were
dropped.
Respondent asserts that $5,000 was appropriated and that
each petitioner received $833 from the Carr search. Grove and
Cattalo were convicted of robbery of cash on the Carr search,
aiding and abetting, and conspiracy. Wilson and Giongo were
convicted of aiding and abetting. Wilson and Cattalo also were
convicted of perjury for their testimony denying knowledge that
money was appropriated. Ryan testified that he divided the
$5,000 evenly among the six police officers.23 Hund testified
23 Ryan testified about a "policy" of dividing the cash equally
among the officers and supervisors. He would sometimes phrase
(continued...)
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