Showing posts with label innocent. Show all posts
Showing posts with label innocent. Show all posts

Feb 21, 2023

Innocent Oklahoma Cop, Once NFL Draft Prospect, Remains in Prison — Okla City Lies, Continues Injustice

Daniel Holtzclaw— Wrongfully Convicted Cop
Few doubt the innocence of former Oklahoma City police officer, Daniel Holtzclaw.

Holtzclaw was wrongfully convicted of multiple counts of rape, sexual battery, and other sexual charges in 2015 and sentenced to 263 years in prison. 

The NFL-sized, 6'1", 250-pound college linebacker (and College All Freshman, NFL prospect) was falsely described by his accusers as being a black man shorter than 5'9", and as a blond man by another.

Those false descriptions are close enough to take away an innocent man's life in Oklahoma City.

From an update from the innocent Daniel Holtzclaw:

From Daniel Holtzclaw's Family and Friends

PRESS RELEASE: Oklahoma City ignores Daniel Holtzclaw’s innocence by settling with nine accusers

Feb 17, 2023 — The family of wrongfully convicted police officer Daniel Holtzclaw shared the following PRESS RELEASE on Feb. 9, 2023, about a new injustice in Daniel’s case:  the City of Oklahoma City has ignored Daniel’s innocence by agreeing to pay settlement money to 9 of his accusers, including 3 women whose allegations led to his full acquittal at the criminal trial.  

Read the full press release below:

Feb. 9, 2023

DANIEL HOLTZCLAW:  "Oklahoma City taxpayers should not have to pay settlement money to the accusers when the allegations against me are false and the city was released from the lawsuits."

SISTER JENNY HOLTZCLAW: "We will never stop fighting for Daniel because he is innocent.  All Oklahomans need to be protected from the police and prosecutorial misconduct that led to his wrongful conviction."

Enid, OK – Oklahoma City’s settlement agreement on Feb. 7, 2023, to pay $18,500 each to nine women who wrongfully accused Daniel Holtzclaw of sexual assaults is an injustice against taxpayers and against Daniel.  

The former police officer continues to fight his wrongful conviction from behind bars after being railroaded by the Oklahoma City Police Department eager to avoid unrest by targeting him following a contradiction-filled allegation during the tumultuous time of nationwide protests over police brutality in 2014.  

Oklahoma City and its police department should be held accountable for encouraging and soliciting the accusers’ wrongful allegations against Daniel, leading to the conviction of an innocent officer and the wasted taxpayer dollars that the city is now using to pay the costs and attorney fees of women who were not sexually assaulted by Daniel.  

This settlement agreement is not justice.  Oklahoma City mounted a biased and flawed investigation that encouraged vulnerable Black women to wrongfully accuse Daniel, leaving possible true assailants on the streets.  The prosecution then put an inept OCPD forensic analyst, Elaine Taylor, on the stand during the trial, where she testified falsely and beyond the realm of science about the forensic evidence in Daniel’s case, contributing to his wrongful convictions. 

Oklahoma City should pay nothing to the accusers and their attorneys because the evidence supports Daniel’s innocence, the accusers dropped their lawsuits against Daniel, and the federal judge ruled in favor of the city and against the accusers in their lawsuits.  Federal judge Joe Heaton stated in his Order that "there is no basis" for the plaintiffs’ claim that "the custom and practice of the City [...] reflects deliberate indifference to the rights of plaintiffs."  

Even though Oklahoma City lacked a legal reason to settle with accusers, the city appears to have caved in – at taxpayers’ expense – to avoid a lengthy defense against the false allegations of the accusers and their attorneys targeting the city in appeals before the 10th U.S. Circuit Court of Appeals in Denver.  

Instead of supporting false allegations through this settlement agreement, Oklahoma City and the plaintiffs’ attorneys should have upheld justice by holding OCPD accountable for its massive investigation flaws – including the decision to stop using photo lineups after one woman first picked another officer – that encouraged multiple women to wrongfully accuse an innocent Japanese-American police officer. 

Oklahoma City’s settlement agreement is particularly unjust because the city is using taxpayers’ hard-earned money to pay three accusers – Shardayreon Hill, Kala Lyles, and Terri Morris – even though Daniel was entirely acquitted of their allegations in his criminal trial.  

Accuser Hill alleged, after Daniel’s case was broadcast on the news, that she was sexually assaulted in a busy hospital room after Daniel helped save her life following a PCP overdose when she tried to destroy the evidence of her drug use.  

Lyles, whose allegation was solicited by detectives, claimed she was raped for 25 minutes and then orally sodomized, an impossible accusation given that her alleged sexual assault overlapped with the time when Daniel was driving and stopped a swerving car driven by accuser Jannie Ligons on June 18, 2014.  

Morris initially claimed, while under the influence of crack cocaine, that an unknown officer driving an older model cruiser had sexually assaulted her, but the date, location, and car did not match Daniel.  Morris only changed her allegation to accuse Daniel while she was in jail after a detective told her the location where Daniel’s police records showed he had interacted with her.  

Daniel was acquitted of all three women’s allegations, yet taxpayers are now paying $18,500 to each.

By agreeing to settlement terms, Oklahoma City is also ignoring the evidence that Daniel was wrongfully convicted of the allegations of the remaining six accusers in the settlement agreement, including Jannie Ligons and Tabitha Barnes. 

Ligons claimed the officer who sexually assaulted her was blond, 5’9”, and had pock-marked skin, none of which matched Daniel, revealing that Ligons’ perceptions of events were drastically wrong.  Additionally, Ligons’ SANE kit, obtained just two hours after she alleged she was orally sodomized by the officer at a busy intersection, revealed no DNA from Daniel – or from Kala Lyles who claimed she was raped just minutes before – in or around Ligons’ mouth.    

Another false accuser being paid by Oklahoma City is Tabitha Barnes, who testified in a previously released deposition video, “He didn't touch me.  He didn't touch me.  He did not touch me," contradicting her trial testimony that Daniel had touched her breasts, which led to his wrongful conviction and 8-year prison sentence for "Sexual Battery” that never occurred.   

Two accusers – Sherry (Ellis) Smith and Carla Raines – of the eleven who initially filed lawsuits in federal court against Daniel and Oklahoma City were not part of the settlement agreement because they did not pursue an appeal after the federal judge ruled against them.  Both women made allegations only after they were solicited by detectives.

Previously released video deposition testimony and transcript pages reveal that accuser (Ellis) Smith, whose allegations led to a guilty verdict, initially told detectives her assailant was “a Black man” under 5’9” tall and “darker” than her own skin tone.  She then admitted under oath on March 19, 2021, “I haven't never seen him [Holtzclaw] before trial.  That's when I finally seen who the(y) accused of raping me.”  Daniel, a 6’1” Japanese-American man who was even taller in police boots, was wrongfully convicted and sentenced to 62 years based on (Ellis) Smith’s allegations. 

Accuser Carla Raines initially told a detective seven times in a recorded interview that no officer had been inappropriate with her except for a Black officer who had exposed himself to her, until Raines was led by the detective’s suggestive questions to accuse Daniel.  Daniel was entirely acquitted of Raines’ allegations in the criminal trial.

Daniel Holtzclaw was wrongfully convicted based on fatally flawed forensic DNA analysis, a biased and faulty police investigation, ineffective counsel, and prosecutorial misconduct.  OCPD’s misrepresentations of the DNA evidence not only caused investigators to succumb to tunnel vision and railroad Daniel, but also deprived him of a fair trial.  OCPD forensic analyst Elaine Taylor flagrantly misrepresented a tiny quantity of DNA on the fly of Daniel's uniform pants.  The prosecutor then misled the jurors, telling them it was a “fact” that the DNA derived from vaginal fluid although no body fluids were observed and non-intimate DNA transfer explained the evidence.  These forensic science errors, unchallenged by Daniel's trial attorney, culminated in his wrongful conviction on 18 out of 36 counts of which he is entirely innocent. 

Instead of taking responsibility for its flawed police investigation that railroaded Daniel, Oklahoma City officials are continuously refusing to release OCPD DNA Lab Manager Campbell Ruddock’s written review of forensic analyst Elaine Taylor’s error-filled DNA testimony in Daniel’s trial.  

Former trial judge Timothy Henderson also shielded Mr. Ruddock’s written review from release during Daniel’s appeal in 2017 when the judge made pro-prosecution rulings in secret hearings about Ms. Taylor’s flawed testimony.  Henderson’s biased secret hearing rulings about the DNA evidence encouraged the Oklahoma Court of Criminal Appeals to deny Daniel’s appeal and overlap with the time when the former judge now admits he was sexually involved with an assistant district attorney, one of several female attorneys who have made sexual assault allegations against Henderson.

Daniel continues to fight his wrongful convictions and expresses his thanks to the more than 67,000 people worldwide who have signed a Change.org petition to “Free Daniel Holtzclaw” because the facts support his innocence.  

Daniel issued this statement from prison in response to Oklahoma City’s settlement agreement with nine of his accusers:

"Oklahoma City taxpayers should not have to pay settlement money to the accusers when the allegations against me are false and the city was released from the lawsuits.  First, government officials pulled the wool over the jury’s eyes at my trial and caused my wrongful conviction. Now they are misleading the public to try to make them believe their tax dollars should be used to pay the accusers who made false allegations against me and the city.  I put my life on the line for the citizens of Oklahoma City.  They deserve to know the truth about the corrupt government employees who caused the false allegations against me and stripped me of my liberties.  I pray Oklahoma County officials will investigate the truth of my case and reveal all the evidence showing my innocence.  Oklahoma City refuses to release it.  Thank you from the bottom of my heart to the thousands of people who have kept an open mind and questioned the prosecution’s narrative about me and my case, taking the time to learn about the evidence of my innocence."  – Daniel Holtzclaw

Apr 19, 2007

Senate Panel on DoJ Oversight

It’s Over: Yuck

From CNN, one prominent Republican described Senators’ questioning Gonzales as “clubbing a baby seal”—that would be a lying, weasel-like baby seal.
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- Reconvening at 2:30 central -

Need to log off to attend to pressing needs; recommend TPMuckraker and C-span 3 to keep abreast. But a parting comment on this shameful and lying performance by the AG:

This wasn’t Eddie Haskell lying to Mrs. Cleaver about the real intentions of Wallace and Eddie to sneak off to a party to chase girls.

Today’s testimony is about the fundamental corruption of the federal Department of Justice.

Attorney General Alberto Gonzales did nothing to restore confidence in his administration of the DoJ, quite the opposite.

The perhaps 30-so far uses of the phrases “not recall” and “not recollect” do nothing but to call into question the man’s fitness.

As for US Atty Steven Biskupic, whether his decision-making on the Georgia Thompson prosecution and numerous voter fraud prosecutions cases took place via the heat of Milwaukee media — as some perceptive bloggers and Dem Chair Joe Wineke have noticed — is immaterial.

They were bogus prosecutions, and they were consonant with Karl Rove’s plan to corrupt the judiciary and consolidate Republican power.

Biskupic should follow in Gonzales’ footsteps out the door.
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11:48:43 AM
Katherine M. Skiba at Journal Sentinel on Biskupic

"Can you understand why many citizens of my state question whether the U.S. attorney in Milwaukee could have brought that (Thompson) case for political reasons?" Feingold asked.

Gonzales did not answer directly. He noted Biskupic made the charging decision in consultation with a then-Democratic Wisconsin attorney general and Democratic local prosecutor.

11:39:07 AM
Lunch until 2:00 Eastern

“Liar, liar, liar, liar…,” yells crowd.

Josh Marshall:

“Sen. Feingold (D-WI) had one of the clearest and most damning exchanges with AG Gonzales earlier this morning. He made a clear and devastating point. The AG says not he's really aware of what input, advice and views went into compiling the list of fired US Attorneys. He fired the US Attorneys based on that list. But he's certain that no improper motives went into the compilation of the list, even though he's not aware of how the list was assembled or why different people's names were put on it. That's a logical contradiction.“

Thanks Josh, missed most of Russ' questioning.

11:33:59 AM
Did you have conversation w/ Karl Rove?

Rove said something about “voter fraud”.

11:30:48 AM
Richard J. Durbin (D-ILLINOIS) asks about high-profile US Atty Patrick Fitzgerald. There was an evaluation made about Fitz. — “has not distinguished himself…”

“I don’t recall seeing (evaluations about Fitz),” though AG thinks Fitz is “outstanding.”

More “I don’t recall…”

11:27:18 AM
Sen. Graham: “Most of this is a stretch.” But Graham says it’s a “personality” conflict thing, no mention of political, electoral considerations.

11:22:47 AM
Sen. Graham asks about change in appt. of US Atty per Patriot Act, but response by AG is intellible.

Also, the decision to replace US Attys was based on "trust" of AG staff.

11:17:48 AM
Senator Lindsey Graham (R-SOUTH CAROLINA) up.

11:15:47 AM
Schumer reads the “run out the clock” e-mail RE: US Atty in Arkansas replacement; shows e-mail as a placard.

AG says he did not like the firing plan. Who is running the department, asks Schumer. More “do not recall…”

Schumer says AG’s response “defies credulity…”

11:11:09 AM
Schumer reads the words of Sen Pryor (Arkansas).

“The AG lied to me…”

11:09:51 AM
It’s Schumer time. US Atty Carol Lam heard nothing about alleged immigration concerns RE firing, says Schumer.

AG says that, “I believe” that she “had knowledge” and “interest” of administration about immigration concerns.

AG looks foolish and weak in response, “We should have done a better job in communicating with Ms. Lam.”

10:58:19 AM
Sessions “troubled” by lack of recollection by AG.

10:54:39 AM
Sen. Sessions now. Skip it. AG has “no recollection” of meeting RE Sampson and US Atty firing list.

10:52:36 AM
Russ presses on after-the-fact justifications for US Atty firings.

10:51:08 AM
AG: “Wants to get to bottom of this.” The firing list.

10:48:37 AM
Here’s Sen Russ Feingold.

10:37:47 AM
Sen. John Cornyn tosses long, softball question bringing up Clinton’s replacement of US Attys at beginning of his administration.

AG remembers that one, although noting the “performance” aspect, specifically “leadership” and “management” concerns should have been more clearly communicated.

10:34:10 AM
AG says he should have advised Sampson et al better RE US Atty firing process.
10:32:32 AM
Sen. John Cornyn (R-TEXAS) begins.

10:31:28 AM
Back. Leahy: “Committee will be in order.” Warns again against disruptions.

10:18:18 AM
In recess.
What a joke. But at least AG is making a complete fool of himself in public. I feel sorry for the guy.

10:14:55 AM
Sen. Schumer’s request for little use of “not recall” statements laughingly addressed in AG’s repeated use of the phrase in his testimony. No one is this dumb.

10:10:02 AM
Not keeping track of the AG’s use of the word “recall,” but it must rival the use of the word “the” or “I”. "Senator, I don't recall..." over and over.

10:07:34 AM
Feinstein: Whose idea was amendment to Patriot Act replacing US Attys without Senate conformation?

AG does not “recall.” AG has no “recollection of mechanics.” AG accepted decisions of "staff," though he did not make decisions.

10:05:03 AM
Former chief of staff Kyle “Sampson was coordinating.”

Dianne Feinstein (D-CALIFORNIA) up now.

10:03:23 AM
AG says US Attys are “accountable to president” through AG. Then why is AG so ignorant of what he knows?

9:58:27 AM
Hatch is pitiful in his bald disingenuousness. I miss Senator Brownback.

9:56:35 AM
Kohl keeps on AG about resigning should American public lose confidence in AG. Blather from AG. Kohl looks annoyed. Kohl done.
Leahy asks audience to refrain from displaying signs.

Now Orrin G. Hatch (R-UTAH)

9:50:04 AM
AG says “Other people who would have that information.” Try Kyle Sampson, Gonzales' resigned chief of staff, says AG. Kohl sounds good and determined.

9:47:22 AM
Herb Kohl (D-WISCONSIN) begins on voter fraud and public corruption, and US Atty Biskupic. "Why was he taken off the list?" AG babbles and does not "recall."

9:43:48 AM
AG blather and no follow-up from Brownback. Exchange is a joke.

9:38:43 AM
Sam Brownback (R-KANSAS) tosses lightweight questions RE each fired US Atty. AG says “close call” on one fired US Atty though he does not “recall…” Does not know much about what he knew.

9:31:41 Playing on C-span 3 now. Sen Edward M. Kennedy (D-MASS) grilling AG. AG says he had a “good process” RE US Atty evaluation. Unconvincing man.

9:05:47 AM
C-span coverage skips to US House. Cable news networks not covering. Keep you posted as possible

9:02:23 AM
AG recognizes “his limited involvement” in US Atty firings.

8:59:55 AM
AG says eight fired US attys “deserve better.” Attacks on AG’s integrity “painful.” Says he has been "forthcoming" to Jud. Comm.

AG begins his statement.

8:57:46 AM
Jeff Sessions (R-ALABAMA) AG is good person, but ability to lead DoJ is “in question.”

8:54:46 AM
Schumer: Calls for no “I don’t recall” statements from AG. Caustic and mean. Go.
- end Schumer -

8:52:46 AM
Sen. Chuck Schumer begins.

8:51:33 AM
Specter notes contradictions of Gonzales statements and other DoJ staff. Offers “opportunity” of AG to reestablish credibility, and respond to allegations of improper firing of US Atty . David C. Iglesias and others. Specter looking for “hard facts.”
Says AG has “come a good distance” from the AG’s “overblown personnel matter” op-ed.
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4/19/2007 8:44 AM
Arlen Specter, RANKING MEMBER, R-PENNSYLVANIA, begins.
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4/19/2007 8:43 AM
Spilt-screen on C-span of Leahy and Gonzales. Must be humiliating to listen this opening statement.

Leahy asks for documents and sworn testimony. “If nothing to hide, the WH should stop hiding it.”

Leahy going on and on for the "facts" and the "truth," and how AG "undermines public confidence."
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4/19/2007 8:37 AM

Senator Patrick Leahy, Chair (D-Vermont): DoJ should not be a “political arm” of the White House. Confidence in DoJ should be restored.

Gonzales Appearance in One Hour

Senate Panel Convenes

4/19/2007 8:35 AM
Here goes.

Senator Patrick Leahy, Chair (D-Vermont) asks for no obstructions or signs and joins in the mourning the Virginia Tech killings.

Will the daylong hearing force the AG from his script, perhaps reveal some truth.?

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You can stay here for continuous updates of Attorney General Alberto Gonzales’ appearance before the Senate Judiciary Committee’s hearing on “Department of Justice Oversight” scheduled at 9:00 a.m. (central time) today.

Gonzales leaked his prepared testimony to the Washington Post: He “will concede that the (US Atty) dismissals were badly mishandled but will continue to portray himself as only marginally involved in the details of the effort.”

Biskupic

As for the Wisconsin US Atty Steven Biskupic affair, conventional wisdom appears to be turning to the scenario that it was not Karl Rove or the Devil that made Biskupic launch the Georgia Thompson prosecution and numerous voter fraud prosecutions, but rather the Milwaukee Journal-Sentinel and all the Milwaukee talk radio murmur.

Count me as not caring. Nice-guy Biskupic screwed up badly, wrecked lives, and should resign now.

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Apr 18, 2007

Gonzales Faces Inquiry on Biskupic and Many Issues

Attorney General Alberto Gonzales is scheduled to appear before the Senate Judiciary Committee hearing on “Department of Justice Oversight” at 9:00 a.m. (central time) today.

You can link here at MAL Contends for continuous updates.

Gonzales is expected to face questions about several issues, some that have morphed into outright scandals, including the matter of Steven Biskupic, US Atty for the Eastern District of Wisconsin.

The hearing is much anticipated, and is seen by many observers as a last-ditch opportunity for Gonzales to continue as attorney general, heading what many perceive as a politicized and disingenuous US Department of Justice.

Gonzales’ answers to expected questions on the conduct of Steven Biskupic, US Atty for the Eastern District of Wisconsin, are also eagerly awaited.

Biskupic’s conduct has become of growing national interest, and has garnered harsh criticism in Wisconsin.

The criticism has centered on the Georgia Thompson prosecution and numerous voter fraud prosecutions, cases that have been disparaged as politically motivated, and of such dubious legal merit as to raise the specter of corruption in the office of this Wisconsin US Atty.

Gonzales’ appearance will be broadcast live on C-span on the internet and on television.

Update: The Nation has 10 suggested questions, including:

"Were you aware that the Republican Party of Wisconsin prepared packages of documents, including a lengthy memo outlining proposals for mounting 'voter fraud' cases in Milwaukee that were forwarded to Rove's office in 2OO5 and that Steven Biskupic, the U.S. Attorney for Eastern Wisconsin who remains on the job, announced in 2OO5 the creation of a high-profile 'voter fraud' task force and mounted more than ten percent of all voter fraud cases in the nation -- despite the fact that his jurisdiction represents barely one percent of the population and despite the fact that even Biskupic would eventually acknowledge there was no serious 'voter fraud' problem there? ,

Are you aware that, on a time line paralleling the 2OO6 gubernatorial campaign in Wisconsin, Biskupic prosecuted of a state employee on charges that she directed a state contract to a donor to the campaign of Democratic Governor Jim Doyle, that Republicans and their backers mounted an expensive television ad campaign attempting to link Doyle to the woman, and that after the election was done a federal appeals court described the evidence Biskupic used in the case as 'beyond thin'"?

Update II: The New York Times suggests 12 Questions.
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Apr 16, 2007

NYT Editorial on Biskupic/Thompson

Madison, WI—When observers outside Wisconsin hear of the Georgia Thompson prosecution thrown out of a federal appellate court, the reaction is indignant, often mixed in with a bit of “in Wisconsin?”

Today's editorial in the New York Times by Adam Cohen, “A Woman Wrongly Convicted and a U.S. Attorney Who Kept His Job,” is of that piece. Cohen blasts US Atty Biskupic and appears incensed by the whole affair.

Some highlights from the piece advancing the Biskupic scandal:

- “Members of Congress should ask whether it was by coincidence or design that Steven Biskupic, the United States attorney in Milwaukee, turned a flimsy case into a campaign issue that nearly helped Republicans win a pivotal governor’s race….” (Note: Congress is.)

- “There was good reason for the appeals court to be shocked.”

- “To charge her, Mr. Biskupic had to look past a mountain of evidence of innocence. Ms. Thompson was not a Doyle partisan. She was a civil servant, hired by a Republican governor, with no identifiable interest in politics.”

- “While Ms. Thompson did her job conscientiously, that is less clear of Mr. Biskupic. The decision to award the contract — the supposed crime — occurred in Madison, in the jurisdiction of Wisconsin’s other United States attorney. But for reasons that are hard to understand, the Milwaukee-based Mr. Biskupic swept in and took the case.”

- “While he was investigating, in the fall of 2005, Mr. Biskupic informed the media. Justice Department guidelines say federal prosecutors can publicly discuss investigations before an indictment only under extraordinary circumstances. This case hardly met that test.”

- “…Mr. Biskupic may have known that his bosses in Washington expected him to use his position to help Republicans win elections, and then did what they wanted.”

- “That would be ironic indeed. One of the biggest weaknesses in the case against Ms. Thompson was that to commit the crime she was charged with she had to have tried to gain personally from the contract, and there’s no credible evidence that she did. So Mr. Biskupic made the creative argument that she gained by obtaining ‘political advantage for her superiors’ and that in pleasing them she ‘enhanced job security for herself.’ Those motivations, of course, may well describe why Mr. Biskupic prosecuted Ms. Thompson.”

Cohen’s sense of irony is shared by Thompson’s attorney, Stephen Hurley.

In early April, a couple of days after Thompson was ordered freed, Hurley said: “The great irony of the case is that having been wrongfully prosecuted for doing her job for allegedly political reasons, now the question is being asked whether the government engaged in this same behavior.”

Cohen reminds readers that an innocent woman lies beneath the political, Republican machinations that he describes.

Fortunately, for the innocent Thompson, Cohen’s sense of justice is also shared by a talented attorney and many fellow citizens—a needed check on the enormous powers of the offices of the US Attorney.

Update: The Cap. Times editor, Dave Zweifel, posts his take on the affair.
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