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JENNIFER CLARK Deputy County Attorney FRED VANVALKENBURG

ORIGINAL COURT COPY

FILED DEC 1 5 2005 4 Missoula County Attorney s County Courthouse B~Hllrol@)kim8r

Deputy 6 Missoula, MT 59802 7 Telephone - 721-5700 ext.3246 8

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Attorneys for Petitioner

MONT ANA FOURTH JUDICIAL COURT, MISSOULA COUNTY

s q.I) RUTY WICKMAN, CHIEF OF POLICE, CITY OF MISSOULA MISSOULA COUNTY, STATE OF MONT ANA,

Petitioner vs.

Mark Jay Catalaoello Respondent

) Dept. No: _l __ John S. Hor.son

~ Cause No: D\J - (jQ- I 111 ) ) ) )

PETITION AND NOTICE TO INSTITUTE FORFEITURE AND PROCEEDINGS

23 JEFF DOBIE, a duly appointed and acting Detective for the Missoula City Police 24

2s Department, hereby petitions the Court to institute forfeiture proceedings against:

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MARK JAY CAT ALANELLO'S 2000 black FORD CREW CAB, BEARING MONT ANA

LICENSE PLATE "BULMOS", VIN #1FTNW21F1YEB32878.

30 Said vehicle was seized by the Missoula Police Department on November 28, 2005. 31

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The information and investigation pertaining to Mark Jay Catalanello indicated

that he was involved in the possession of dangerous drugs, in fraudulently obtaining dangerous

and distributing dangerous drugs and said vehicle was used for conveyance of the drugs, under

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The following is an account of the events that led to the arrest of Mark Jay Catalanello

and the seizure of said vehicle.

PETITION TO INSTITIJTE FORFEITURE AND PROCEEDINGS Page I

1. On November 23, 2005 the Missoula Police Department received a report of a 2

3 prescription that was fraudulently obtained. Missoula Police report 112305-79.

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5 2. The responding Officer, Rob Scheben, was able to identify one of the persons

6 involved as Lisa Homan. 7

8 3. Detective Dobie interviewed Lisa Homan on November 23, 2005 and determined that 9

10 Lisa Homan was not acting alone. Lisa Homan told Detective Dobie that her former

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12 Doctor, Mark Catalanello was calling in Lortab (Hydrocodone) prescriptions using

13 other Doctors' names. 14

IS 4. Lisa Homan told Detective Dobie that Mark Catalanello would call the prescriptions 16

17 in and then would give her money to pay for the prescriptions as well as drive her

18 around to the pharmacies so she could pick up the prescriptions.

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20 5. Lisa Homan told Detective Dobie that Mark Catalanello always drove her around in a 21

22 black Ford truck with personalized license plates that said "BULMOS".

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24 6. Lisa Homan advised that Mark Catalanello would let her keep half of the

25 prescriptions and she would get to keep half of the prescriptions. 26

27 7. Lisa Homan advised that Mark Catalanello first called in a prescription for her using 28

29 another Doctor's name was in October of2005.

30 8. Lisa Homan advised Detective Dobie that the first time Mark Catalanello called in a

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32 fraudulent prescription for her Mark Catalanello called the prescription to Safeway 33

34 Pharmacy and that the names Mark Catalanello used were Dr. Komish and Sally

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36 Mayer.

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38 9. Lisa Homan estimated that Mark Catalanello called in approximately 15 fraudulent

39 prescriptions for Lortab between October of2005 and November 22, 2005. 40

PETITION TO INSTITUTE FORFEITURE AND PROCEEDINGS Page2

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l 0. Lisa Homan advised that Mark Catalanello would usually call the prescriptions in

using the name Dr. Lennard Wilson and would usually call them in for a female

named Brandi or Diane Chelet.

11 . Lisa Homan advised that on November 22, 2005 Mark Catalanello called in

prescriptions to 5 different pharmacies and that they obtained 460 Lortab pills.

12. Lisa Homan agreed to let Detective Dobie record her phone conversations with Mark

Catalanello and signed a form consenting to such recordings.

13. Detective Dobie did some research and discovered that Mark Catalanello was

previously licensed to practice medicine in Montana but that his license was not

renewed in 2004 and had a disciplinary action pending or completed.

14. Detective Dobie did a criminal history check on Mark Catalanello and discovered

that Mark Catalanello had a prior drug arrest.

15. On November 28, 2005 Lisa Homan called Detective Dobie and told Detective Dobie

that she had a phone conversation with Mark Catalanello.

16. Detective Dobie and DEA Agent Lee Herd went to Lisa Homan's residence and

while Detective Dobie and Agent Herd were at Lisa Homan's residence Mark

Catalanello called her. It was evident from the recorded phone conversations that

Mark Catalanello was a willing participant and was in fact the controlling factor in

calling in the prescriptions.

17. Mark Catalanello openly engaged in conversation with Lisa Homan and Lisa

Homan's boyfriend, Andrew Mayer that implicated himself in fraudulently obtaining

dangerous drugs by calling in false prescriptions using the name Dr. Wilson as well

PETITION TO INSTITUTE FORFEITURE AND PROCEEDINGS Paac 3

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as using a patient name of Chelet. Mark Catalanello told Lisa Homan not to worry

and that he was comfortable using the names Dr. Wilson and Chelet.

18. Mark Catalanello indicated during the recorded phone conversation that they did

four phannacies on the 22"d (November) and that even though it was not quite long

enough for a 100 pills they could probably pull it off again today the 28th (November>.

19. Mark Catalanello indicated to Lisa Homan that he had called in prescriptions for her

to the usual places.

20. Mark Catalanello also told Lisa Homan he called a prescription into the Superior

phannacy under the name Dr. Wielenga using a patient name of Newman.

21. Detective Dobie was advised by 3 different phannacies that on November 28, 2005

that a male called in as Dr. Wilson and wanted to them to fill Lortab prescriptions for

Brandi Chelet. The pharmacies had previously been alerted to call Detective Dobie if

any prescriptions were called in by Dr. Wilson for last name Chelet.

22. While Detective Dobie was at Lisa Homan's residence he called the pharmacy in

Superior and found that a male had just the pharmacy and identified himself as Dr.

Weilenga and called in a prescription for Lortab for a patient, Diane Newman.

23. Mark Catalanello also advised he would bring Lisa Homan half a dozen Lortab to

hold her over until they could fill the prescriptions he had called in.

24. Mark Catalanello advised Homan that he was close to Missoula and would be at her

place in a short time.

25. Detective Dobie and Detective Huntsinger of the Missoula Police Department waited

inside of Lisa Homan's residence for Mark Catalanello to show up.

PETITION TO INSTITUTE FORFEITURE AND PROCEEDINGS Pagc4

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26. A short while later Mark Catalanello did drive up to Lisa Homan's residence in his

Ford pickup and walked up to the residence carrying a red fanny pack. Catalanello

was met at the door by Detectives Dobie and Huntsinger and placed under arrest.

27. During the search incident to arrest Missoula Police Officer Richtmyer discovered

that Mark Catalanello had in his pocket prescription labels dated 11/22/05 that were

peeled from Hydrocodone prescriptions bearing the names Diane Chelet and Dr.

Wilson.

28. At the Detention Center Officer Richtmyer also discovered that Mark Catalanello

also had in his wallet a prescription label from the Safeway Phannacy dated October

3, 2005 and the Dr. Name on the prescription was Dr. Komish and the patient name

was Salley Mayer and the prescription was for Hydrocodone.

29. Detective Dobie applied for a search warrant to search the fanny pack and to search

the Ford Pickup and was granted a search warrant by District Court Judge, Douglas

Harkin.

30. Detective Dobie searched the fanny pack and the fanny pack did contain 25 Lortab

pills. A search of the Ford revealed a Prescription that was written to a Montana

State inmate for Lortab.

31 . Detective Dobie contacted the Medical Director at the State Prison, Dr. Rantz. Dr.

Rantz advised Detective Dobie that there is no legal way that a prescription for a

prison inmate should have been in Mark Catalanello's vehicle.

32. Mark Catalanello has previously used his Ford pickup bearing Montana license plate

"BULMOS" to drive Lisa Homan around Missoula, Montana to pick up fraudulently

obtained dangerous drugs that he has fraudulently called in to local pharmacies and

PETITION TO INSTITUTE FORFEITURE AND PROCEEDINGS Page 5

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Mark Catalanello used the vehicle to drive to Lisa Homan's residence where he was

going to provide Lisa Homan with dangerous drugs that he had transported in said

vehicle and Mark Catalanello was going to transport Lisa Homan to Superior,

Montana to pick up more fraudulently obtained dangerous drugs.

Based upon the above circumstances, statements and evidence, the Petitioner hereby gives

notice of intention to initiate forfeiture proceedings as required by §44-12-201, MCA.

WHEREFORE, Petitioner prays the Court to allow forfeiture to the State of the following

1s property pursuant to §44-12-101, MCA: 16

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19 1.) A black 2000 Ford Crew Cab pickup truck, Montana license plate BULMOS, VIN

20 lFTNW21FlYEB32878. 21

22 The Clerk of Court is hereby requested to issue a summons upon the following listed

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people pursuant to §44-12-201, MCA:

21 MARK JAY CALALANELLO: 11 Paradox Lane. Plains. Montana 59859 28

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DATED this /~y of December, 2005.

PETITION TO INSTITUTE FORFEITURE AND PROCEEDINGS

D~ ~lice Dept.

~ Chief of Police, City of Missoula

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PETITION TO INSTITUTE FORFEITURE AND PROCEEDINGS Paac 7

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3 FILED NOV 2 9 2006

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7 MONTANA FOURTH JUDICIAL DISTRICT COURT, MISSOULA COUNTY

8 RUSTY WJCKMAN, CHIEF OF POLICE, CITY OF MISSOULA

9 MISSOULA COUNTY, STATE OF MONTANA,

10 Petitioner,

11 -vs-

12 MARK JAY CATALANELLO,

13 Respondent,

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15 Upon receiving the state's motion,

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Dept. 2 Cause No. DV-05-1177

ORDER

1 7 IT IS HEREBY ORDERED that the 2000 Black Ford Crew Cab pickup, VIN

18 lFTNW21FlYEB32878 be forfeited to the Missoula City Police Department.

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20 DATED this/Jl-1 day ofNovPn:M..,_..."

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County Attorney's Office Missoula City Police Department DA: Paul Ryan

ORDER TO FORFEIT PROPERTY TO nil: STATE OF MONTANA

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