Leo M. Ryan, et al. - Page 51

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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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