In an application for a search warrant, Officer McDonnell said that he watched Martinez, known as Confidential Informant No. 103, buy a packet of cocaine from Nunez as the two men stood on the front porch. Martinez, however, has told the Daily News that he never bought drugs from Nunez.
During the raid, Jeffrey Cujdik said that he found 47 packets of cocaine in a teddy bear inside the home. Nunez admits that he had a small amount of marijuana, but insists he never had or sold cocaine.
Nunez wasn't home at the time, but his wife, Lady Gonzalez, said that an officer, whom she later identified as Tolstoy, pulled up her shirt and fondled her breasts. She said she feared that he was going to rape her.
Gonzalez has filed a civil suit against Tolstoy and the eight other cops who participated in the raid.
Nunez's drug case has been continued until Sept. 15, with a trial date set for Sept. 28.
"They [the officers] still get paid when my life is on hold," Nunez said. "I'm struggling to pay my bills and pay my lawyer, and these guys get overtime. I don't understand."
Delaney said that the District Attorney's Office has no control over whether officers get paid overtime for going to court.
"That's up to the Police Department," Delaney said. "If the Police Department put the officers on daywork only, they would make zero overtime. That's not our decision."
Officers working an 8 a.m.-4 p.m. shift do not receive overtime for court appearances. But under the police contract, the city is required to pay officers a minimum of two hours of overtime, even if the case is postponed, if they're scheduled to work a night shift. Officers received a minimum of four hours of overtime if they're subpoenaed on a day off, according to police spokesman Lt. Frank Vanore.
"By contract, if they are subpoenaed and they are on a tour of duty that warrants overtime, then they get it," Vanore said.
Although the Cujdik brothers, McDonnell and Tolstoy are currently on desk duty, they still are assigned to the Narcotics Field Unit and their hours must continue to match those of their fellow squad members under terms of the police contract, Vanore said.
"If a particular officer is in one platoon and they're scheduled to work 4 p.m. to 12 a.m., we couldn't arbitrarily shift them to day work just because they have a court notice," Vanore said. "That would cause a contractual issue."
In fiscal year 2008, the city spent about $24.9 million on court-related police overtime. It expects to pay about $22.8 million in the fiscal year that ended June 30, Vanore said.
To see previous Daily News stories in the Tainted Justice series, visit
