- 52 -
that the four officers discussed giving Wilson a share and Giongo
a piece.24 Hund also testified that he counted the money with
Cattalo and that Cattalo gave him $800 to $1,000 and that he
believes he saw Grove receive a share. Taking into account that
Giongo was on police radio duty at the time of this search, we
allocate $500 to Giongo and $900 each to Wilson, Cattalo, and
Grove.
Hitchens Summer 1983 Payment
In July of 1983, Hund received a Dunkin' Donuts bag
containing $4,500 from Hitchens. At his house, Hund counted the
money and removed $1,000 from the bag; when Grove arrived, Hund
removed another $1,000 while they discussed the matter,25 without
disclosing to Grove the first $1,000. Hund told Wilson, Ryan,
and Cattalo that he found the bag with $2,500 under his car seat.
Wilson advised Hund to make an incident report and turn the bag
in because it could be a setup or an attempted bribe. On July 7,
1983, Hund turned in the remaining $2,500, reporting the same
23(...continued)
his responses in terms of who "would have" received funds.
However, his testimony and that of Hund, when properly based on
actual knowledge, contradicted such a "policy", both as to the
supervisors' being included and the amounts' being equal.
Therefore, we give less weight to Ryan's testimony.
24 See supra note 16.
25 According to Hund, Hitchens gave him this money to pay for
the repairs to his car which had been damaged in a shoot-out with
someone that Hitchens knew; Grove, Wilson, Cattalo, and Ryan had
helped Hund pay for the repairs; and Hund wanted to reimburse
them. However, Hund did not want to reveal to them the source of
the money.
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