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630, 632, 538 S.E.2d 531 (2000) (no error in permitting officer to testify about her observations of the victim's wounds, to make an inference based on her training and on her observations of the wounds, and to opine that the victim's wounds were consistent with defensive ones, a conclusion that is beyond the ken of the average layman). The prosecutor informed the district judge it had a witness who could substantiate the factual basis of the question, i.e., that during the course of their BDS & M relationship, Robinson brought his infant grandchild to their BDS & M liaisons on more than one occasion. Moreover, the Ex Post Facto Clause of the United States Constitution is aimed at laws that retroactively alter the definition of crimes or increase the punishment for criminal acts. [Collins v. Youngblood, 497 U.S. 37,] at 43 (citing Calder v. Bull, 3 Dall. Harris, on the other hand, provides that K.S.A. The one constant in Juror 253's testimony was uncertainty. General allegations and boilerplate language fail to satisfy the necessity requirement. After the instruction, the prosecutor commented, Thank you Judge. There's ways around these problems. Acknowledging a violation of K.S.A. The California Supreme Court observed that a statute is applied retroactively only if it penalizes a crime completed before the law's effective date. Robinson claims several instances of alleged prosecutorial misconduct prejudiced his right to a fair trial. During this phase, Judge Anderson called prospective jurors in panels of 60 to identify those asserting hardship. Nor could one reasonably make such an inference from the evidence. In the mid1990s, Trouten met Lore Remington, a Canadian resident who shared Trouten's interest in BDS & M role playing games. Earlier that summer, Robinson convinced another paramour, Barbara Sandre, to move from Canada to Kansas. denied 302 Kan. (July 21, 2015). Police say Robinson murdered Stasi and gave her baby daughter to his brother and sister-in-law, Don and Helen Robinson, who wanted children but didnt have them. 223423(c); State v. Ward, 292 Kan, 541, 550, 256 P.3d 801 (2011), cert. Contrary to Robinson's assertion, Morrison's use of this hypothetical question did not improperly shift the burden of proof or undermine the presumption of innocence. The court wrote, In sum, we affirm Robinsons capital murder conviction charged in Count II (Suzette Troutens death). She later sent a complete set of the requested logs. In fact, in his dissenting opinion in Sodders, Justice Lockett agreed with our construction of K.S.A. Robinson asked Neufeld to leave her sex toys with him, explaining it would give her extra incentive to return. Nor can Robinson reasonably claim he suffered injury to any substantial right based on the fact that LPD officers, rather than Olathe police, conducted the otherwise lawful trash pulls. we wanted to keep that in some way.. 1820, 40 L.Ed.2d 341 (1974). Robinson advances four challenges to the penalty phase instructions given to the jury. Also, the State presented overwhelming evidence supporting its lone aggravating circumstance that Robinson killed more than one person, and the State effectively challenged and often discredited Robinson's mitigation evidence. The appellate court reviews relevancein particular, the probative elementof K.S.A. In June 2002, Judge Anderson entered a written order outlining the court's rules for handling juror questionnaires. Robinson first contends the prosecutor misstated the law in summarizing the concept of mitigating circumstances during voir dire. They also found a list of e-mail addresses and passwords, including slavedancer@hotmail.com, written on a sheet of legal paper, along with e-mails confirming Robinson's registration of the slavedancer address on several e-mail servers. Other courts considering this issue have decided there was no error in similar circumstances. Instead, it merely ruled in favor of the argument advanced by the prosecution in that casethat e-mails were admissible under the loss or destruction-of-original exception to the best evidence rule. The most significant overlapping fact was the affidavits' brief reference to Robinson's convictions in the Back Care and Kuti cases. Finally, he claims Judge Anderson improperly limited questioning on his prior terms of incarceration. In Zant, the Eleventh Circuit held that the trial court erred in excluding prospective jurors where their death penalty views did not prevent them from imposing a death sentence under all conceivable circumstances. Reasonable Precautions to Minimize Prejudice. The isolated nature of the prosecutor's statement and his immediate corrective action demonstrate that the conduct, even if improper, was not gross and flagrant or the product of ill will. When Trouten checked into her room, hotel staff informed her of their no-pet policy. 223410. I think we all know that she wouldn't just walk away from her baby. We found the arguments improper because when the prosecutor began speculating as to the victim's thoughts and essentially making up an [i]nternal dialogue for the victim, he crossed the line into a blatant appeal to the emotions of the jury. 272 Kan. at 1114. This application is reviewed either for abuse of discretion or de novo, depending on the rule or principle being applied. Contrary to Robinson, we find these comments were consistent with established law. Family members last saw Stasi and Tiffany in early January 1985. 222502, 222503, and 222505. Robinson suggests that the prosecutor participated in press conferences, but none of the media-published facts defendant contends to be uniquely prejudicial were connected to the prosecution. Based on his assessment of the key risk factors, Cunningham opined that Robinson would have a positive adjustment to prison free from violence. Prosecutor Morrison asked Juror 82 whether he would consider aggravating and mitigating circumstances and if he agreed that every case is different. Instruction No. On the other hand, it's probably not a good thing for us to get too speculative. The defense requested a curative instruction, but the district judge felt it would draw the jury's attention to the remark. On the morning of June 3, 2000, law enforcement officers secured a warrant from Johnson County District Judge Larry McClain to search Robinson's Linn County property. Prosecutions for prior crimes shall be governed, prosecuted and punished under the laws existing at the time such crimes were committed. K.S.A. The prosecutor then rephrased without objection. See People v. Sanders, 11 Cal.4th 475, 539, 46 Cal.Rptr.2d 751, 905 P.2d 420 (1995) (no error in trial court's limiting hypothetical questions requiring jurors to provide advisory opinion based on preview of evidence). We have adopted a multistep analysis for determining the admission of such evidence and defined the standard of review applicable to each step: Determining whether evidence was properly admitted pursuant to K.S.A. According to the court records, Robinsons youngest daughter, Christy, had a daughter and younger son. In fact, the Supreme Court has observed that empirical studies support the opposite conclusion. But this argument ignores our standard of review, which requires us to view the evidence in the light most favorable to the State. denied 516 U.S. 1140 (1996). Before committing to a visit, Taylor asked Tom for a reference from a past slave, and Robinson, still posing as Tom, told Taylor she could contact one of his former slaves at slavedancer@hotmail.com. Taylor e-mailed slavedancer seeking information about Tom as a master. When law enforcement officers searched Robinson's Olathe storage unit several weeks later, they found the e-mail addresses for all four recipients attached to the contact list Trouten had prepared with Chidester before moving to Kansas. Juror 302 was confident she could set aside media-reported facts and decide the case on the evidence. The defense renewed its objection. Second, Robinson suggests the media coverage reached the court's chambers on October 7, 2002, when jurors had the opportunity to view the front page of that morning's copy of the Olathe Daily Newsthe incident giving rise to the second renewed venue change motion. He cried for himself. If one expands the analysis beyond cases establishing actual innocence, the instances in which the law was not followed in capital cases is breathtaking. The prosecutor phrased the question as a hypothetical scenario for the purpose of establishing panelists' willingness and ability to set aside media facts and opinions formed as a result of exposure to them. On August 23, Robinson hired a moving company to deliver household items from Lewicka's Edgebrook Apartment to Sandre's Grant Street Duplex. As part of this effort, the State did not seek to introduce or admit any evidence that would have disclosed the fact of Robinson's prior convictions or terms of incarceration. 213439(a)(6). In his sentencing brief, Obermeier made reference to the fact that Robinson was the last person seen with Stasi before her disappearance, but Obermeier had not received this information from Judge McClain. John Edward Robinson: 5 Fast Facts You Need to Know, Copyright 2023 Heavy, Inc. All rights reserved. Trouten's family continued to receive typewritten letters signed by Trouten that they believed were fraudulent. The majority not only fails to employ the rule of lenity, it bends over backward to create a way to affirm the capital conviction. 213439(a)(6), we exercise unlimited review. On October 25, 2002, the defense rested. Three latent prints lifted from the original alimony checks matched Robinson's known prints. Moreover, by establishing that forensic investigators found no trace evidence, despite extensive investigation and the difficulty in removing blood from certain tools, Robinson demonstrated that Rundle's testimony gave rise to no adverse inferences. Prior to admitting these exhibits, Remington and Taylor testified that they were friends of Trouten who shared an interest in BDS & M and talked regularly, often via online chat messaging. John Edward Robinson - Alchetron, The Free Social Encyclopedia Although the prosecutor later provided a good-faith basis for the questions during the hearing on defendant's motion for new trial, the jury never heard it, potentially leaving the jury to imagine all kinds of damaging and prejudicial but false or inadmissible facts' that the defense could not refute. Robinson's argument is unavailing. 213422, incorporated by reference into K.S.A. For jury instruction issues, the progression of analysis and corresponding standards of review on appeal are: (1) First, the appellate court should consider the reviewability of the issue from both jurisdiction and preservation viewpoints, exercising an unlimited standard of review; (2) next, the court should use an unlimited review to determine whether the instruction was legally appropriate; (3) then, the court should determine whether there was sufficient evidence, viewed in the light most favorable to the defendant or the requesting party, that would have supported the instruction; and (4) finally, if the district court erred, the appellate court must determine whether the error was harmless, utilizing the test and degree of certainty set forth in State v. Ward, 292 Kan. 541, 256 P.3d 801 (2011), cert. See State v. Kleypas, 272 Kan. 894, 995, 40 P.3d 139 (2001) (suggesting defendant's failure to voir dire jury prior to penalty phase undermined claim that prior murder conviction could have biasing effect on jurors), cert. Did the State's evidence establish a common scheme or course of conduct? 213439(a)(6) and decide if the State's evidence was sufficient to establish the same. 214624(e) unconstitutional. In addition to challenging the rulings on prospective Jurors 115 and 271, Robinson claims the trial court improperly limited inquiry into the weight jurors would assign particular categories of mitigation. However, Juror 324 expressed confidence in her ability to set aside her opinion and serve impartially. She was pregnant at the time. To balance these competing interests, the district judge explored the possibility of having the DPDU remain in the case as cocounsel. 10, 12, 13 and the verdict forms conflicted with Instruction No. In Johnson v. Texas, 509 U.S. 350, 361, 113 S.Ct. Kleypas is distinguishable, and we hold there was no error in this instance. He met Lisa Stasi and her baby at a battered womens shelter in Kansas City, the timeline says. Lisa Stasi, formerly Lisa Elledge, was 18 years old when she began dating Carl Stasi sometime after June 1983. 214625 and amendments thereto exist and, further, that the existence of such aggravating circumstances is not outweighed by any mitigating circumstances which are found to exist, the defendant shall be sentenced to death; otherwise, the defendant shall be sentenced as provided by law. Judge Anderson observed that Thomas did not meet Kansas Board of Indigents' Defense Services' qualification standards for appointment to a capital case and that Robinson's Sixth Amendment right to representation by counsel of choice had to be tempered by his right to competent and effective counsel. 469 U.S. at 424. In addition, Robinson argues the should in the second paragraph of the instruction misstated Kansas law and improperly slanted the instruction toward the death penalty. 263 Kan. at 718. To facilitate such luring, Robinson paid for Trouten to stay at the Guesthouse Suites in Lenexa; paid for a moving truck to transport Trouten's belongings from Michigan to Johnson County; and, after her arrival, stored Trouten's belongings in his Olathe storage unit and boarded her two dogs at an Olathe animal clinic. Did admission of the e-mails violate the best evidence rule? We begin with the search warrant statutes, which predate the legislature's enactment of K.S.A. The decision in Kleypas did declare the weighing equation of K.S.A. 213439 lacks such clear retroactive language. We disagree. I don't think I have anythingany preconceived conclusion of what the penalty should be or what the verdict should be or anything like that. However, the State's evidence had established that Robinson returned home with an infant around the time of Lisa Stasi's disappearance. At the beginning of the State's rebuttal closing, the prosecutor said, I find it absolutely insulting and astonishing that [defense counsel] wants to talk about whether, at which point defense counsel lodged an objection and the district judge sustained it. See State v. Bible, 175 Ariz. 549, 56667, 858 P.2d 1152 (1993) (finding no error in denying motion to change venue where appellant failed to demonstrate publicity resulted in actual prejudice). I am not prohibiting the defense from going into the basic sketch of the factual allegations in the fashion that [defense counsel] gave the other day. Short of such a line of inquiry, Judge Anderson did not substantially limit Robinson's case-specific inquiry during voir dire. 2114 (2011). Robinson relies on Sincavage v. Superior Court, 42 Cal.App. Taylor testified Robinson, posing as Tom, later began contacting her by phone. Did the prosecutor's comments on matters not in evidence constitute prejudicial misconduct? Robinson contends the remarks were beyond the latitude afforded prosecutors in arguing the evidence. This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply. In Billings v. Polk, 441 F.3d 238, 248 (4th Cir.2006), a juror declared by affidavit that on the night before the jury's sentencing deliberations, he read the Bible at home because he was very confused and didn't know what to do, and that his study of the Bible helped him conclude that the death penalty was the right sentence. The Fourth Circuit held that it was neither contrary to nor an unreasonable application of federal law to conclude that a juror's private consultation of the Bible outside deliberations did not violate the Sixth Amendment. Appointed counsel explained that they had decided not to have Robinson transported to KU Medical Center for an MRI and PET scan because there was simply insufficient time for experts to complete the testing and evaluation needed to render a qualified opinion regarding Robinson's mental functioning. Lewicka occupied the Edgebrook Apartment, and Robinson paid the rent. He confirmed that the defense team had agreed he would handle the guilt phase, while appointed counsel, Berrigan and O'Brien, would handle the penalty phase. Robinson was looking for a white woman in her teens or early 20s, who had a newborn child, was struggling or disadvantaged, and had no family support or ties. The district judge's reliance on this language was misplaced. State v. Scott, 286 Kan. 54, 99, 183 P.3d 801 (2008). See United States v. Yamin, 868 F.2d 130, 134 (5th Cir.1989) (purpose is to prevent fraud). denied 296 Kan. 1136 (2013); see State v. Dale, 293 Kan. 660, 663, 267 P.3d 743 (2011) (best evidence rule applies only when evidence offered to prove content of a writing). In LaraRamirez, the First Circuit reviewed a district court's decision to declare a mistrial based on the fact that a juror brought a Bible into the jury room, referred to specific portions of the text, and told fellow jurors that they should consider what God says in the Bible in their deliberations. Prosecutor Morrison used the word recommend in describing the sentencing decision of the jury in comments made to the twenty-seventh small group panel. I think I can do that., In response to this unsolicited comment, defense counsel suggested Juror 271 would still expect the defense to put on evidence. 284 Kan. at 572. Vickie Neufeld lived in Texas. 2516, 165 L.Ed.2d 429 (2006). He was discovered after a 2000 sexual assault arrest, according to ABC. That hurts the credibility of the defense attorneys who have had the responsibility of trying to convince this jury to spare Mr. Robinson's life. At the September 5 hearing, Robinson offered Nerad's affidavit under seal, which the district judge reviewed in camera over the State's objection. The Fourth Amendment to the United States Constitution, along with Section 15 of the Kansas Constitution Bill of Rights protects individuals against unreasonable government searches and seizures. Defense counsel frequently used a football analogy to gauge the veniremembers' exposure to pretrial publicity and opinions formed from it. Booth also found eight hair strands on the paper towel. The third Skilling factorthe size and characteristics of the communityweighed against a finding of presumed prejudice because Johnson County is one of the largest counties in the state, with close to half a million residents. As such, we must decide whether the failure of the trial judge to define common scheme and course of conduct for the jury rendered the language susceptible to arbitrary and capricious or discriminatory application by the jury. Juror 149 agreed his questionnaire responses suggested he would lean toward death upon conviction, but he explained that he answered the questionnaire without knowledge of the statutory weighing equation or the role of mitigation in the sentencing decision. Moreover, the prosecutor immediately clarified that he had not intended for his remarks to be construed as a statement on the presumption of innocence. Nancy Robinson, Alabama (81 matches): Phone Number, Email, Address - Spokeo When she went home for a late lunch, she said, Christy was there to pick up the kids. 4. You've never heard us say for a second that we're concerned about the defendant attack [ing] somebody in prison [and] starting a gang or riot. Instead, we held that a request for assistance alone satisfies the technical requirements of the statutory exception, regardless of the surrounding facts and extraneous circumstances. On April 23, 2000, Robinson asked Neufeld to visit him in Kansas. After identifying this injury, prosecutor Morrison asked, Would that be consistent with a defensive wound? Defense counsel objected, arguing the question called for speculation. Does he deserve the death penalty? Such misconduct runs afoul of the Sixth Amendment to the United States Constitution, which guarantees criminal defendants the right to a fair and impartial trial by a jury capable of deciding the issues based solely on the evidence. 213439(a)(6). Yep. Generally the best evidence rule requires the original writing be introduced when available. at 2765 (Breyer, J., dissenting). Robinson shared a particularly close relationship with Christy's daughter, who spent time with Robinson every day. But capital murder can occur in one act or transaction, which presumably happened when defendant killed both Sheila and Debbie Faith, thus completing all of the elements of the later-to-be-established crime of capital murder. Juror 246 said her memory of media reported facts had faded over time. ] United States v. MelendezSantiago, 447 F.Supp.2d 144, 149 (D.P.R.2006), aff'd 644 F.3d 54 (1st Cir.2011). Nearly all had some knowledge of the case. We have made clear that pretrial publicity alone will not established prejudice per se. However, he said Stasi had recently come to his office to give him the motel key. 20301a, which created district magistrate judges as one of two classes of judges of the district court. Because the State's two theories as to how Robinson took Trouten could support but one conviction, rather than two, Count I and the State's evidence supporting it did not constitute a multiple acts case. Following his release in the 1990s until his arrest, Robinson published a mobile home trade magazine called Manufactured Modular Home Living through his company Specialty Publications, the court decision says. John Edward Robinson (nascido em 27 de dezembro de 1943), tambm conhecido como The Slave Master, um americano que ficou conhecido por ter sido um assassino em srie, estelionatrio, ladro, sequestrador e falsificador, foi considerado culpado em 2003 por trs assassinatos, sendo que recebeu a sentena de morte por dois deles.Em seguida, ele confessou mais cinco assassinatos, e os . In early 1997 the letters ceased. Com., 45 Va.App. There was no prosecutorial misconduct on these grounds. Robinson called Donald and Helen and told them a baby was available immediately. See Hill, 290 Kan. at 365 (writing authenticated where contents reveal knowledge particularly held by parties or substance uniquely identifiable); State v. Rives, 220 Kan. 141, 14344, 551 P.2d 788 (1976) (writing may be admitted where contents and circumstances reasonably imply author is person sought to be charged). 107 Ohio St.3d at 6265. 9 was supposed to modify Instruction No. She was a young teenager, and he asked her sexual questions and danced too closely, she said on the show. Mattingly's preliminary hearing testimony was generally consistent with the proffer. On October 12, 2000, law enforcement officers searched Lewicka's apartment for trace evidence. 291 Kan. at 720. The court may conduct an additional examination. He wrote to Marty, her brother, told him to let the bank take the car back. After the vote, the jurors engaged in a general conversation about their time on the jury. The powers of a law enforcement officer include those necessary to permit the city officer to meet his or her common-law duty to the public to preserve the peace. State v.. Vrabel, 301 Kan. 797, 80304, 347 P.3d 201 (2015). We have repeated the advisement in almost every death penalty decision since. In discussing these elements, Morrison said, Finally, concealment, the barrels hidden away or isolated. Neufeld left behind her rattan-type canes and a mesh bag full of sex toys, which she valued at $700. Unlike previous e-mails, the tone of this message was respectful and polite. They were covered with a large plastic sheet, and cat litter had been sprinkled around the outside of the barrels inside the plastic. In 1965 they then had their first child John Jr. and fraternal twins in 1971, Christopher and Christine Early Crimes- Robinson was arrested for the first time in 1969, where he embezzled $33,000 from the medical practice of Dr. Wallace Graham . In the motion, defendant had also submitted articles about the case published by the Kansas City Star from June 6, 2000, to July 27, 2001. United States v. Safavian, 435 F.Supp.2d 36, 41 (D.D.C.2006) (The possibility of alteration does not and cannot be the basis for excluding e-mails as unidentified or unauthenticated as a matter of course, any more than it can be the rationale for excluding paper documents (and copies of those documents).); Simon v. State, 279 Ga.App. However, we observed in Carr that Kansas courts consistently apply a reasonable certainty standard of proof (i.e., reasonable certainty that the defendant cannot obtain a fair trial in the ordinary venue) to challenges under Kansas' venue change statute and found this standard to be wholly consistent with the Supreme Court's reasonable likelihood standard. Under a plain reading of our constitution, a punishment would be infirm if it is either cruel, or it is unusual. Nevertheless, in my view, the death penalty fits both and I would declare it unconstitutional in this state. Ibarra's testimony did not establish that Robinson committed a crime or civil wrong on a specified occasion. If not, [defendant's] argument fails. State v. Voyles, 284 Kan. 239, 244, 160 P.3d 794 (2007). These courts have found constitutional requirements to be satisfied as long as prospective jurors are informed of potentially inflammatory case-specific facts and/or the defense is allowed to explore whether such facts render prospective jurors unable to be impartial. Once Thomas was granted entry, Judge Anderson had a second opportunity to punish Robinson for retaining private counsel by denying his first motion for continuance. Nancy Jo Lynch. Unbeknownst to her mother, Trouten was active in the BDS & M community. Inherent in this wide latitude is the freedom to craft an argument that includes reasonable inferences based on the evidence. King, 288 Kan. at 351 (quoting State v. Pabst, 268 Kan. 501, 507, 996 P.2d 321 [2000] ). Stasi was apparently murdered for her child, Bonner for her divorce maintenance payments, the Faiths for their Social Security benefit payments, and Lewicka to clear the way for a former paramour. Robinson argues Juror 33 testified that he would sentence a defendant to death if convicted of capital murder. Robinson does not suggest the Kansas Constitution affords him protections beyond those provided under the United States Constitution, and we have so far held that these state constitutional provisions are generally subject to the same analysis as their federal counterparts. Defense counsel believed the failure to disclose this information during the guilt phase would undermine the credibility of this evidence during the penalty phase: We want to get that evidence that he's been in the penitentiary in front of the jury at the very first opportunity, otherwise it looks to the juryotherwise, we've been hiding that from them. Judge Anderson made these remarks to calm the jurors so their responses would be forthright and complete, allowing him to make an informed decision based on an accurate recitation of the facts. Robinson argues the evidence seized pursuant to, or as a result of, the four pen registers, one wiretap order, and four search warrants Judge McClain issued in this case should have been suppressed because he was not a neutral and detached magistrate. Manipulation and deceit, they go hand in hand with the defendant throughout these last 20 years.. One ploy would be to seek a time limit on an appellate court's consideration of a death penalty appeal. That's not his way. In other words, the death penalty presents a Catch22 dilemma: to avoid unconstitutionality, a death sentence must be thoroughly and completely examined and reexamined, but the resultant delay renders the punishment unconstitutional. Thomas had hired a private investigator and planned to add several legal assistants but confirmed he would be the only attorney on the defense team. John Robinson | WickedWe - The Dark Side Of Humanity Appx. There were two visible injuries: a tear to the skin near the left armpit inflicted postmortem and an oval-shaped defect on the left side of the head, which Pojman believed to be lethal. Nor did he communicate with anyone in law enforcement about this case. None of the jurors read from or consulted the Bible that Juror 147 had brought into the jury room. Cf. 223401; State v. Carter, 284 Kan. 312, 318, 160 P.3d 457 (2007). The parties agreed to release the 14 jurors with the highest assigned juror numbers. 2. You answer that question.. See Kleypas, 272 Kan. at 1090 (The failure of the defendant to object and to trigger the prosecutor's proffer of a good faith basis precludes a finding of error on this issue.). 621830 from which Lamb inferred the authority to issue extraterritorial warrants, i.e., that warrants be directed to any peace officer of the state of Kansas. Instead, it incorporated substantially similar language into new section 2505, providing that [a] search warrant shall be issued in duplicate and shall be directed for execution to all law enforcement officers of the state, or to any law enforcement officer specifically named therein. (Emphasis added.) 2. Bonner also said she planned to take a job with a company in Chicago. 222603, which provides [w]here two or more acts are requisite to the commission of any crime and such acts occur in different counties the prosecution may be in any county in which any of such acts occur, and K.S.A. 2. However, in arriving at this holding, we noted the importance of considering the context in which the comments were made. Viewed in context, the response reflected an acceptable assessment of the evidence under Kansas' statutory weighing equation in K.S.A. Robinson was convicted of theft for embezzling money from an employer and then started selling insurance.

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