October 22, 2009 David Martorelli, Owner Cook Avenue Pawn Shop 283 Cook Avenue Meriden, CT 06451 RE:
Pawn Broker License
Dear Mr. Martorelli: On Thursday, October 1, 2009, at approximately 10:00 A.M., I held a Due Process Hearing at the Meriden Police Department to determine your suitability to operate as a licensed pawn broker I precious metal dealer within the City of Meriden. The hearing was scheduled as a result of a criminal investigation conducted by the Office of the Chief State's Attorney, in which you and two of your employees were arrested on June 3, 2009 for receiving stolen goods in excess of $11,000.00. More specifically, you, as the business owner, were charged with: (1) Criminal Attempt to Commit Larceny in the First Degree by Receiving Stolen Property and (2) Conspiracy to Commit Larceny in the First Degree by Receiving Stolen Property. You attended the hearing with your attorney and were afforded the opportunity to tell your side of the story_ Also present at the hearing was Deputy Police Chief Timothy Topulos, Sergeant Leonard Caponigro, Sergeant Glenn Milslagle and Meriden City Attorney Deborah Moore. During the hearing, your attorney spoke on your behalf and, among other things, offered the following for my consideration: 1. 2. 3. 4. 5. 6. 7. 8.
That you are innocent until proven guilty in a court of law; That you were not convicted of any crime; That the criminal investigators misrepresented the facts; That you have been in business for (8) years and have been law abiding; That you provide weekly reports to the police documenting all business transactions; That you have an "open door" policy with police and cooperate fully; That you have worked with other police departments and purchased stolen goods under their direction to aid in their investigations; That several local businesses, including police and politicians have provided references attesting to your character;
9. 10. 1l.
That you need medical insurance because you suffer from Multiple Sclerosis and are currently receiving expensive treatments. That prospective sellers sign a slip certifying that the goods and merchandise are theirs and that they are not stolen; That it is "common knowledge" that anyone can buy pallets of merchandise (Factory Seconds) from stores like Lowe's and Home Depot and then sell them.
After listening to what your attorney had to offer on your behalf, I reviewed some of the facts of the criminal investigation with you. I reviewed the reports, the audio and the video surveillance recordings. On three separate occasions, you purchased stolen merchandise from an undercover officer. More specifically, I informed you that the pallets of stolen merchandise that you purchased on June 3,2009 were covered in security wrap. This security feature alone should have caused you to be highly suspicious, especially when coupled with statements from the seller that "they fell off a truck." Nothing that you or your attorney had to offer in your defense convinced me that you were not engaging in a fencing operation. Based on the preponderance of the evidence, I believe that all the facts and circumstances surrounding the criminal investigation established that you willingly purchased stolen merchandise with the intent to sell it at a profit. Therefore, as the local licensing authority for pawn brokers and precious metal dealers within the City of Meriden, pursuant to Connecticut General Statutes, sections 21-39 through 21-47 inclusive, I deem that you are an "unsuitable" person to operate as a pawn broker / precious metal dealer within the City of Meriden. Effective immediately, your license to operate in the capacity of a Pawnbroker and/or Precious Metals dealer is hereby revoked. I also want to make you aware of the penalty for operating a pawn shop without a license in accordance with Section 21-47 of the Connecticut General Statutes. Any person, corporation, limited liability company or partnership which engages in the business of a pawnbroker, or in any business described in section 21-39, unless licensed according to law, or after notice that his license has been revoked, shall be guilty of a Class D Felony, and also shall forfeit treble the amount loaned on the property so pledged to any person injured thereby who sues therefore. If you have any questions concerning this matter, please feel free to contact me at (203) 630足 6303.
Jeffry W. Cossette Chief of Police c:
Lawrence J. Kendzior, City Manager
Deborah 1. Moore, City Attorney
Detective Lieutenant Michael D. Merrigan