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Giongo, and that Ryan and Cattalo inquired to see if Hund had
received his share. Giongo was still on police radio duty.
There was no testimony from either Megna or Travers. In light of
the conflicting testimony,27 we allocate $1,000 to Giongo and
$1,800 each to Wilson, Cattalo, and Grove.
Sterling Ferguson Search
On or about July 28, 1983, Cattalo obtained a search warrant
for the home of Sterling Ferguson (Ferguson). Cattalo, Grove,
Hund, and Ryan executed the search warrant. The officers found
money and cocaine. Hund appropriated a video camera. When
Ferguson returned home after his arrest, he discovered that $200,
cocaine, cutting agent, a triple beam scale, a gun, and a video
camera were missing.
Respondent asserts that $1,000 was taken and divided six
ways, with $167 distributed to each petitioner from the Ferguson
search. Ferguson testified that $200 was missing along with a
video camera and other items. Ryan testified that $1,000 was
appropriated and that he, Grove, and Hund received money from
Cattalo and that Cattalo had portions for Wilson and Giongo.
Hund testified that he found an unspecified amount of money that
he gave to Cattalo to hold, and that he turned down the money
offered to him by Cattalo, since he appropriated the video
camera. Hund states that Wilson was to receive a piece and
Giongo a bone but then amended his testimony to say that Giongo
27 See supra note 23.
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