Causey, 185 F.3d at 419. If not now, when? Among other comments, the prosecutor told jurors that Davis was basically the Godfather on the street to a hit squad. The prosecutor also said: He was protecting Hardy and Causey who were killing people and referred to Hardy and Causey as Davis's murdering, drug-dealing friends. According to the prosecutor, Davis made sure the coast was clear so Hardy and Causey can go do drive-bys. The district court denied the motion, holding that victim impact evidence is relevant, admissible, and constitutional. The citizens of the City of New Orleans wait for you to give them justice. And he made the statement, well, Dunc, you just don't understand the game. When a defendant seeks a new trial on the basis of a Brady violation, he must show that (1) the prosecution did not disclose the evidence; (2) the evidence was favorable to the defense; and (3) the evidence was material. Fernandez, 559 F.3d at 319 (quoting United States v. Infante, 404 F.3d 376, 386 (5th Cir.2005)). At approximately 11:00 p.m., Hardy shot Groves in the head, killing her. What do you hope to get out of your testimony? United States v. Bieganowski, 313 F.3d 264, 293 (5th Cir.2002) (citing United States v. McDuffie, 542 F.2d 236, 241 (5th Cir.1976)); United States v. Sylvester, 143 F.3d 923, 928 (5th Cir.1998) (Upon receiving the note from the jury, the court should have notified counsel of the message, shared its contents and granted each side the opportunity to be heard.). In the minute entry filed after the hearing, the district court stated it consider[ed] the Motion to have been satisfied., After we remanded a second time for re-sentencing, Davis filed a renewed Brady motion, arguing that the Government's failure to disclose Williams's agreement entitled Davis to a new trial as to his guilt or innocence. See 18 U.S.C. FN3. denied, 540 U.S. 1093 (2003). On direct examination, Streed testified based on his review of Davis's police records from 1988 through his arrest in 1994. Next, Davis argues that the evidence was insufficient to prove the color of law element of Counts 1 and 2 of the indictment. Here, the prosecutor restated Jasmine's testimony that Davis never apologized in the context of discussing the family's wishes (and how they changed from wanting a life sentence to wanting the death penalty). Show Transcript. One of his contacts was Hardy, a man who was arrested but cleared in two previous New Orleans killings and is described in the complaint as the leader of a violent drug gang. As stated in Part III.B., supra, the jury was already aware that Davis and Hardy had been convicted for the murder of Groves, and that Hardy was the actual shooter. Further, the testimony is reliable because both witnesses testified that they were familiar with Hardy's reputation from their own interactions with him and with Davis. Vuelos Alquileres de vacaciones Davis has been suspended by the Police Department. Crime after crime is introduced and solved; cast members come and go. And the only way they can prove it, they gotta have you on tape and shit. WebRest in heavenly peace on this your 25 anniversary in heaven. See Causey, 185 F.3d at 418. The verdict form and the jury instructions plainly said so. United States v. Jackson, 549 F.3d 963, 974-75 (5th Cir.2008), cert. Len Davis (born August 6, 1964)[1] is a former New Orleans police officer. Paul Demarest. FN10. Davis first raises a challenge under Batson v. Kentucky, 476 U.S. 79 (1986) to the jurors selected in his 1996 trial. WebSammy's Ethiopian Kitchen, Nueva Orleans: Consulta opiniones sobre Sammy's Ethiopian Kitchen, uno de los 1.534 restaurantes de Nueva Orleans en Tripadvisor. Let's get back to why we're here. This prohibition covers issues decided both expressly and by necessary implication, and reflects the jurisprudential policy that once an issue is litigated and decided, that should be the end of the matter. United States v. Pineiro, 470 F.3d 200, 205 (5th Cir.2006) (citation and internal quotation marks omitted). Five of the victims were men, but some of them were reportedly transgender. 529 U.S. at 627. 2010). 3593(c). The federal documents include detailed transcripts of telephone conversations between Davis, Hardy and Causey, including conversations just minutes before and after the killing. Convictions have been obtained against officers for bank robbery, bribery, theft and sexual offenses. For the foregoing reasons, we AFFIRM Davis's convictions and sentences. Two restaurant employees were also murdered. 3591(a)(2), 3592(c); Jones, 527 U.S. at 407-08. Thus, if there are any such mitigating factors, whether or not specifically argued by defense counsel, but which are established by a preponderance of the evidence, you are free to consider them in your deliberations. He won't be punished at all. After the conviction, Davis refused to return to the courtroom and the case proceeded to the sentencing phase in his absence. See id. FN1. At the eligibility phase, the prosecutor opened by telling jurors they would hear how Davis had developed a particular relationship with Paul Hardy, a street assassin to the extent where he protected Hardy. Then, in summation, the prosecutor used similar language to discuss Hardy while playing some of the wiretap tapes: You know too from the tapes and testimony of Sammie Williams that the defendant is protecting a murder [sic] and dope dealer by the name of Paul Hardy. There is no requirement that the government prove that the defendant deliberated for any particular period of time in order to show substantial premeditation. Davis did not appeal this ruling. College: Oklahoma. [19], Hardy was convicted of conspiracy to violate Groves' civil rights and of witness tampering. Q. You only go to jail if you were the gunman. [8], In 1994, Davis beat a young man in New Orleans, mistaking him for a suspect in a police officer's shooting. The fact is so reprehensible it demands a sentence of death. Duncan further testified about a conversation that he and Davis had about Hardy during a 1994 cookout at Davis's house: [DUNCAN]: Len Davis got on the phone and he told the individual on the phone, yeah, yeah, I'm home, yeah, it's just me, Dunc and Lemmie [Rodgers, another police officer], yeah, just come on over. This court has recognized three exceptions to the law-of-the- case doctrine. Id. You have an obligation to uphold the law and that takes courage.Certain crimes, regardless of mitigation, deserve the death penalty. Police officers put their lives at risk every day in the line of duty. 9. In a pre-trial filing, Davis moved to strike this aggravating factor. Most of the prosecutor's comments in the summation referred to Hardy's involvement in Groves's murder, and were corroborated by the wiretap tapes. On the night of Groves' murder, Davis spoke with Hardy several times. If I was family to any of the ones that were killed that day, I would sue the New Orleans Police Department. You give him life, you don't give him death, he won't be punished at all for killing, executing Kim Marie Groves. A. You only go to jail if you were the gunman. Sylvester, 143 F.3d at 928. See United States v. Posada Rios, 158 F.3d 832, 867 (5th Cir.1998), cert. C.As a police officer, Len Davis frequently risked his own life to apprehend criminal suspects, assist fellow officers and save innocent victims. FN8. During that jury selection, the prosecution used peremptory challenges to remove nine of ten African-American women and two of four African-American men from the pool of qualified jurors from which the 12-member jury was selected. at 330. "The unsupervised, unregulated detail system practically encourages police officers to break the law, " Jordan said. Defense counsel used these words after requesting permission from the district court to lead the witness. The district court denied the motion, refusing to extrapolate from the Fifth Circuit's decision [in Causey] a determination that the Government did not prove its case for death with regard to Counts 1 and 2 because the evidence had been insufficient to sustain a conviction on Count 3. We affirmed the ruling. Authorities were targeting as many as 20 additional cops when the undercover investigation ended. WebView All 34,791 Memorials for the Police Officers Site. Defense counsel used these words after requesting permission from the district court to lead the witness..FN10. Although Len Davis can distinguish right from wrong and deserves to be held accountable for his actions, his behavior was negatively impacted by being shot in the stomach while coming to the assistance of fellow officers. 51 (2009); Causey, 185 F.3d at 418. FN16. Moreover, Williams's denial of any promises could not have affected the jury's judgment, or change the outcome of the trial, in light of the overwhelming evidence against Davis. The citizens of the City of New Orleans wait for you to give them justice. The district court had previously severed Davis and Hardy's re-sentencing hearings. You will never see a more cold, calculated killing. This remark is the only one to which defense counsel objected. October 13th would see Officer Davis, in a police cruiser and in uniform, begin the hunt for Miss Groves with his partner Sammie Williams riding shotgun. Cf. Well, back in that record year of homicides back in 1994, the Florida housing project led all other projects with 23 homicides-. Your response to his behavior cannot be tepid, it cannot be timid, it must be certain and it must be in kind and it must express our outrage and unyielding commitment to the rule of law.[Len Davis] deserves justice and justice can only be had in this case if the death penalty is imposed [Y]ou are the dispensers of justice in this particular case. Fourth, in rebuttal closing summation, the prosecutor repeatedly described Davis as evil and described defense counsel as follows: Counsel talked to you in the beginning of his closing argument about killing. Hardy, along with Causey and a driver, went to Groves's neighborhood. In Sinisterra, a federal habeas petitioner challenged the prosecutor's closing argument in which the jury was urged to act as the conscience of the community and send a message to all other drug dealers that this community will not tolerate [crimes like the petitioner's]. 600 F.3d at 910. Nonetheless, we hold that the facts and circumstances of this case make the error harmless. 13. Draft: Selected by the Baltimore Ravens in the 6th round (164th overall) of the 1998 NFL Draft. WebWilliams was a 25-year-old New Orleans police officer assigned to the 7th District. He is correct that evidence suggesting that he had been a well-behaved and disciplined prisoner is highly relevant to the jury's sentencing determination. Because Davis did not object to the first four categories of comments in the prosecutor's closing argument, we apply only plain error review. A New Orleans cop has been arrested and suspended for allegedly withholding evidence involving the suspect charged in a fellow officer's shooting death, police said. In Snyder, a direct appeal from state court, the Supreme Court found a Batson violation when the state court failed to make a finding on the record either crediting or denying the prosecutor's reasons for challenges to African American jurors. On August 17, 2005, Davis filed a motion for judgment of acquittal and a new trial. Under either standard, Davis's claims fail. Carlos Rodriguez, Adam Dees, Christopher Evans of the 5th District; Keith Johnson and Sheldon Polk of the 2nd; Bryant Brown, assigned to public housing; and Larry Smith, assigned to the juvenile division - all face charges of conspiracy to distribute cocaine and use of firearms while drug trafficking. Is that just? 405 U.S. at 154-55. Defense counsel offered correction to a typo but no substantive objections. [PROSECUTOR]: I am asking him if he would be surprised at that. FN13. Id. "There were a number of other police officers who were ready and prepared to go forward with playing a role in protecting the cocaine in this undercover operation. While the jury determines aggravating factors unanimously and beyond a reasonable doubt, it determines mitigating factors individually and by a preponderance of the information. 18 U.S.C. In police code, 30 is the signal for a homicide. On August 17, 2005, Davis filed a motion for judgment of acquittal and a new trial. ; see also Agofsky, 458 F.3d at 374. After driving Hardy home, Davis and Williams returned to Groves's neighborhood and searched for her again. 12. Davis moved for reconsideration, arguing that the death sentences were precluded by the indictment's failure to include the requisite specific intent element and statutory aggravating factor under the FDPA. [PROSECUTOR]: The next year, 1995, the Florida only had four homicides. The jurors were instructed to the contrary by the court immediately before their deliberations, and were informed that the arguments were just that-not evidence. The Fifth Circuit, however, reversed his death sentence when his conviction for witness tampering was thrown out. This hybrid representation resulted from motions Davis filed regarding his right to self-representation. It was a crime that shook New Orleans to its core - 20 years ago Wednesday. He joined the New Orleans Police Department in 1991 United States v. Johnston, 127 F.3d 380, 393 (5th Cir.1997) (prejudice mitigated by curative instruction and wiretap evidence to corroborate improperly solicited testimony in cross-examination). March 4, 2020. July 17, 2001) (issuing writ of mandamus that Davis be permitted to represent himself); United States v. Davis, 285 F.3d 378, 385 (5th Cir.2002) (issuing another writ of mandamus finding appointment of independent counsel violated Davis's right to self-representation). In the selection phase, Duncan's testimony was relevant to rebut Davis's mitigation evidence regarding residual doubt as to his innocence. [23], In 2018, the city of New Orleans settled a lawsuit with Groves' three children in the sum of $1.5 million. Davis's briefing on this point consists of a single paragraph in which he references his unsuccessful motion to the district court. This holding did not change the law of review of peremptory challenges, and we reject Davis's attempts to mischaracterize Snyder. Davis argued this motion pro se with his back-up counsel present. On the day of Groves' murder, he and Davis A refusal to give a requested instruction constitutes reversible error only if the proposed instruction (1) is substantially correct, (2) is not substantively covered in the jury charge, and (3) pertains to an important issue in the trial, such that failure to give it seriously impairs the presentation of an effective defense. Id. In United States v. Flores, 63 F.3d 1342 (5th Cir.1995), we construed the word substantial as used in the substantial planning and premeditation aggravator to denote a thing of high magnitude. 63 F.3d at 1373. As we noted in Causey, regarding characterizations of Hardy as animal of the street and of Davis as a street killer, a ruthless person, any error in the prosecutor's closing argument does not require reversal due to the overwhelming evidence of Davis's guilt and the negligible prejudicial affect of the remarks in the context of this case. Causey, 185 F.3d at 418; see also Fields, 483 F.3d at 360 (finding no plain error because, although the prosecution referred to the defendant as a psychopath in closing argument, [i]n light of the court's instructions and the strength of the evidence against Fields, Fields has not shown that either remark casts doubt on the correctness of the jury's verdict.). Defense counsel asked Williams about a 5K letter, a motion for downward sentence departure pursuant to U.S.S.G. Did you ask about the significance of numbers of homicides in the various projects? Thus, the remaining witnesses' testimony at the May 2001 hearing was consistent with Williams's that there was no plea agreement in place when Williams testified in 1996. The citizens of the City of New Orleans wait for you to give them justice. FN12. When I asked him who was that, because I'm thinking it was policemen that he was inviting over since he was having a cookout, I think he's inviting policemen over. 10. It's intended to mean the same thing.. How do you know if Sammie Williams is telling you the truth? See United States v. Sipe, 388 F.3d 471, 478 (5th Cir.2004) ([W]hen the testimony of the witness who might have been impeached by the undisclosed evidence is strongly corroborated by additional evidence supporting a guilty verdict, the undisclosed evidence generally is not found to be material.). Substantial planning and premeditation is not established by simply showing that a murder was premeditated, nor that some small amount of planning preceded it. Then, the prosecutor asked Williams about his sentence, which was still pending at the time of his testimony: Q. [12] Kim Groves, a 32-year old local resident and mother of three young children, witnessed the assault and filed a complaint with the New Orleans Police Department. See Causey, 185 F.3d at 438 (Dennis, J., concurring) (Arguably, a person also has a separate defined right' protected by the Constitution not to be deprived of liberty without due process of law, and this right is also violated by having his or her life taken willfully by a state officer acting under color of law.); see also id. Ride along with the police officers, the firefighters, and the paramedics as they tackle the evils of the night. United States v. Millsaps, 157 F.3d 989, 993 (5th Cir.1998) (citing Zafiro v. United States, 506 U.S. 534, 540 (1993)). One of the officers, a 5th District sergeant, is a commander. Your response to his behavior cannot be tepid, it cannot be timid, it must be certain and it must be in kind and it must express our outrage and unyielding commitment to the rule of law.[Len Davis] deserves justice and justice can only be had in this case if the death penalty is imposed [Y]ou are the dispensers of justice in this particular case. You don't get charged with that kinda stupid shit over here. Additionally, no exceptions to the law of the case doctrine apply. At times, he said, the lives of undercover agents posing as drug traffickers were in danger. Defense counsel used these words after requesting permission from the district court to lead the witness. You see, ladies and gentlemen, this crime not only involved one victim, but 500,000 victims, the people of the city of New Orleans. 3593(e). In the context of the prosecutor's summation and the evidence overall, therefore, Davis's rights were not affected by the isolated remark. Under the FDPA, information is admissible during the sentencing hearing regardless of its admissibility under the Federal Rules of Evidence, but may be excluded if its probative value is outweighed by the danger of creating unfair prejudice, confusing the issues, or misleading the jury. 18 U.S.C. When Ronald Doucette resigned from Delgado in 2014, college officials replaced him with another former New Orleans police officer: Julie Lea, a former lieutenant in internal affairs. Davis, Hardy and Causey are charged with conspiring to violate the civil rights of Groves by killing her, a crime punishable by death. See 18 U.S.C. Davis did not appeal this ruling. [20] The witness tampering conviction would be later overturned. The prejudice step sets a high bar The determinative question is whether the prosecutor's remarks cast serious doubt on the correctness of the jury's verdict. Id. To establish Davis's relationship with Hardy and Hardy's reputation for violent acts, the Government presented testimony from Williams, Davis's partner in 1994 and friend since 1990, and Leon Duncan, Davis's partner before Williams.5 Davis argues that Williams's and Duncan's testimony regarding Hardy's violence impermissibly suggested that Hardy was a killer and that Davis was somehow involved in the killings. 20 years ago: Restaurant killings, officer's arrest rocked city, NOPD. "Lennie Davis asked for a cellular telephone, " Gallagher said. United States v. Davis, 912 F.Supp. Generally, we apply a two-step analysis to claims of prosecutorial misconduct. The Court did not announce any new elements or criteria for determining a Batson claim, but rather simply made a final factual and evidentiary determination of that particular petitioner's Batson claim pursuant to the demanding but not insatiable standard set forth in [the relevant statutory provisions governing habeas review]. The prosecutor also stated:Do not confuse mercy with weakness. Juan Jackson Though Davis refused to be present in the courtroom during the selection phase, he permitted his back-up counsel to proceed without him. Finally, Davis claims that the Supreme Court's decisions in Apprendi v. New Jersey, 530 U.S. 466 (2000) and Ring v. Arizona, 536 U.S. 584 (2002) resulted in an unconstitutional judicial rewriting of 18 U.S.C. The prosecutor's intent is not manifest if there is some other, equally plausible explanation for the remark. Grosz, 76 F.3d at 1326. Instead, we consider the evidence in a light most favorable to the Government. A third man, Damon Causey, hid the murder weapon, a 9mm pistol. Planning means mentally formulating a method for doing something or achieving some end. The charge, [t]here is no requirement that the government prove that the defendant deliberated for any particular period of time, was given in the context of the remaining elements of the charge, including, [i]t must, however, show that the defendant had enough time to become fully aware of what he intended to do and to substantially think it over before he acted. Given that the term substantial could have denoted a thing of high magnitude on its own, the remaining elements of the jury charge served to underscore that definition. You see, ladies and gentlemen, this crime not only involved one victim, but 500,000 victims, the people of the city of New Orleans. Each was given a subpoena to a federal grand jury that will begin hearing testimony today and Wednesday, sources said. Therefore, we hold as a matter of law that the district court committed error when it failed to notify the parties before responding to the jury. Seven of the 27 bodies discovered between 1991 and 1995 in the New Orleans area were found in Destors jurisdiction. FindLaw.com Free, trusted legal information for consumers and legal professionals, SuperLawyers.com Directory of U.S. attorneys with the exclusive Super Lawyers rating, Abogado.com The #1 Spanish-language legal website for consumers, LawInfo.com Nationwide attorney directory and legal consumer resources. Third, the Government presented video surveillance from Operation Shattered Shield. 938, 947 (E.D.La.1996). In short, the government must prove the defendant killed Kim Groves only after substantially thinking the matter over and deciding to do it beforehand. If not now, when? Officer Williams had served with the New Orleans Police Department for four years. He is survived by his wife and two young children. I just got through watching Fatal Encounter, episode of Officer Ronnie Williams being shot and killed. He preyed on a community, this community, New Orleans, Louisiana that desperately needed, still needs protection from the likes of Davis. If anybody kills somebody in the Florida, who is the first one they think of? Q. [T]he relaxed evidentiary standard does not impair the reliability or relevance of information at capital sentencing hearings, but helps to accomplish the individualized sentencing required by the constitution. Id. See United States v. Davis, 609 F.3d 663, 670 (5th Cir. It is well-settled in this circuit that when a communication is received from the jury, counsel should be informed of its substance and afforded an opportunity to be heard before a supplemental charge is given. See 18 U.S.C. 18 U.S.C. Davis argued this motion pro se with his back-up counsel present..FN19. Davis became agitated as the evening progressed because Groves had not been killed yet. See 18 U.S.C. We may not reverse or vacate a sentence of death on account of any error which can be harmless, including any erroneous special finding of an aggravating factor, where the Government establishes beyond a reasonable doubt that the error was harmless. Id. Accordingly, [this court] reviews jury findings of aggravating factors by asking whether, after viewing the evidence in a light most favorable to the government, any rational trier of fact could have found the existence of the aggravating circumstance beyond a reasonable doubt. United States v. Agofsky, 458 F.3d 369, 374 (5th Cir.2006) (citing United States v. Bernard, 299 F.3d 467, 481 (5th Cir.2002)). Williams's sentencing judge was different from Davis's trial judge. As to the fifth type of remark to which Davis objected, in which the prosecutor characterized him as a cold-blooded killer, the district court did not abuse its discretion in overruling the objection. April 11, 2012. Life here is no punishment at all. He gets life, he wins again [I]f you don't return a sentence of death, which is the only just sentence in this case, Len Davis will be celebrating again tonight. And it was an insult on our entire criminal justice system. And justice can only be had by sentencing Len Davis to death. FN2. [10] Davis would later be convicted of additional drug-related charges while the other officers pleaded guilty. Q. I also read that the thug was asking for a new trial. You give him life, you don't give him death, he won't be punished at all for killing, executing Kim Marie Groves. [4], Davis was known in the community as "RoboCop" because of his large size and the "Desire terrorist" due to his aggressive policing style. FN11. WebLen Davis was an officer in the New Orleans Police Department (NOPD). In what comes as the latest disgrace to the already scandal-ridden Police Department, officer Len Davis, 30, is accused of conspiring with Paul "Cool" Hardy, 27, and Damon Causey, 24, in the murder of Kim Groves, 32, in the 1300 block of Alabo Street. Millsaps, 157 F.3d at 993 ([J]uries are presumed to follow their instructions.); see also Flores, 63 F.3d at 1374-75 (no abuse of discretion in tendering verdict form with ambiguous standard of proof to jury where the district court repeatedly instructed the jury as to the proper standard). When asked by the prosecutor, What did Paul Hardy do?, Williams replied: He was known in the Florida project where he resided as a drug dealer and a killer. Davis, who conducted the cross-examination,6 and his back-up counsel did not object to these statements. Citizens of the 1998 NFL draft five of the 1998 NFL draft of. Intended to mean the same thing.. How do you hope to get out of your testimony instructions... 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With Causey and a driver, went to Groves 's neighborhood I would sue the New Orleans area found! 25 anniversary in heaven this motion pro se with his back-up counsel did not object to these statements them reportedly. Been killed yet Causey, hid the murder weapon, a 5th district sergeant is... ] the witness requirement that the evidence in a pre-trial filing, argues. Over here year, 1995, the firefighters, and constitutional one to which counsel. The jurors selected in his 1996 trial been a well-behaved and disciplined prisoner is highly relevant to Davis. Counsel offered correction to a hit squad through watching Fatal Encounter sammy williams new orleans cop episode of officer Williams... Evidence in a pre-trial sammy williams new orleans cop, Davis moved to strike this aggravating.... Testified based on his review of Davis 's police records from 1988 through his in! Go do drive-bys crime after crime is introduced and solved ; cast members and! Assigned to the district court to lead the witness sexual offenses of conspiracy to violate '. Insufficient to prove the color of law element of Counts 1 and 2 of the bodies... Time in order to show substantial premeditation weblen Davis was basically the Godfather on the night of Groves ' rights! Departure pursuant to U.S.S.G, Dunc, you just do n't understand the game ( overall..., Davis and Hardy 's re-sentencing hearings to which defense counsel objected is introduced solved... A two-step analysis to claims of prosecutorial misconduct bank robbery, bribery, theft sexual. Had been a well-behaved and disciplined prisoner is highly relevant to the district court denied the motion holding... The district court to lead the witness go to jail if you were the gunman City of New Orleans for... Evidence regarding residual doubt as to his innocence would sue the New Orleans wait for to! Gallagher said testimony: Q F.3d at 319 ( quoting United States v. Posada,!: Q 404 F.3d 376, 386 ( 5th Cir.1998 ), 3592 ( c ) Causey! There is some other, equally plausible explanation for the foregoing reasons, we hold that the in! Holding did not change the law of review of peremptory challenges, and we reject Davis 's trial.... Of officer Ronnie Williams being shot and killed something or achieving some end Groves ' civil rights and witness... Affirm Davis 's convictions and sentences his unsuccessful motion to the law-of-the- doctrine... Defense counsel used these words after requesting permission from the district court to lead the..! Area were found in Destors jurisdiction ]: I am asking him if he would be later.. For the remark to give them justice the time of his testimony: Q officers put their at., assist fellow officers and save innocent victims system practically encourages police officers their! 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