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WHS Mock Trial 2018

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The State vs. George Milton, WHS Mock Trial 2018.

Show Transcript

O'Reilly's honorable Court of Salinas California is now in session all those with matters for hearing before this court step forward and you shall depart doll rods Colorado. Please remain standing as the Cherry comes in there is flying members of the jury were here today by 3 count indictment I'm going to read the charge to you count one is that honor about the year 1935 enter about Soledad Monterey County California George Milton did intentionally or knowingly cause the death of another human being namely Lennie small count to is that honor about the year 1935 Soledad Monterey County California George Milton did recklessly with criminal negligence caused the death of another human being mainly Lennie small count one is a count of murder count to is a count of 10 * 3 is also a count of manslaughter that honor about the year 1935 in her about Soledad Monterey County California George Melton did intentionally or knowingly caused the death of another human being mainly small under circumstances that do not constitute murder because George Milton cause the death while under the influence of extreme anger or extreme fear brought about by adequate provocation those are three alternative charges today the folks I just want to tell you a few preliminary instructions first of all mr. Melton the defendant is plead not guilty to the complaint it begins this trial with a presumption of innocence that presumption of innocence can only be overcome if after the evidence is presented you decide that the state has proven each and every element of the offense charged Beyond A Reasonable Doubt travel begin with opening statements by the attorneys after the opening statements the evidence will be presented you must decide the case based on the evidence after the evidence is completed closing arguments by the attorneys and then I will be inspecting you about the law of the case what the attorney say in their openings or any other time during the trial is not evidence evidence is going to consist of sworn testimony of the this is an any exhibits that may be introduced the purpose of the attorneys opening statements is to try to orient you in advance to the significant evidence that day that would be presented in this case and to discuss call that evidence relates to issues you're going to decide although their statements are not evidence they obviously tourneys legitimate efforts to guide you in consideration of the evidence that they anticipate maybe in produced at the end of the trial you'll make it station based on what you recall of the evidence accordingly please pay close attention to the testimony as it is given there's just one rule I want to tell you which is not to discuss any aspect amongst about this case amongst yourselves until all of the evidence presented and you go to the jury run to decide on your verdict I want to give you one more preliminary instruction the defendant in a criminal case has a right to remain silent he does not have to take the witness stand and testify and no presumption of guilt maybe Ray make a note inference of any kind may be drawn from the defendant's choice not to testify the law never impose upon a defendant in a criminal case the burden or duty of calling any Witnesses for producing any evidence although he may do so in with that why don't we go ahead and ask the prosecution for your opening statement ladies and gentlemen of the jury is a beautiful place and have trees and if gorgeous blue it was beautiful and told George tasted it with the blood of mine is small he killed him in Cold Blood and also and left his body in the dirt I was tryna progresses you will be evidence will show that this was an evil Act of murder Beyond A Reasonable Doubt the fan switch to open at this time please do it hello my name is Matthew Fox 9 with the defense Pleasant Run and by no means an easy case for you but it does in fact needs to be addressed this case about George killing Lennie small relationship but in reality the relationship when when does the phrase showing killed someone it sounds a lot like murder George however it was not as cold blooded killer George Foster line for every last second of life life they are pretty Brothers they live together they travel together if they work together and you would hear from Witnesses like candy and Crooks George and Lennie hadn't read a dream that cannot be accomplished without one or the other however when Lennie kill Curley's wife George and the dream never be the same he would never anybody would never be able to tend to the rabbits he knew Lennie would never be able to do all this help you want to do on Ranch it just could not have let him do to go to jail or more likely he's going to get killed by curly and a very inhumane black Georgia that Curly is going to kill Lennie in the most painful way available George being the kind of pantyhose did not want Lennie yes there's absolutely no doubt George killed Lennie am but there's also no doubt those the most painless death money had available another thing that I can mention is that when he was not your ordinary human George beard admitted admitted that Lennie was not that bright so when George realize was all over for Lenny one way or another image of Atlantis Lost out to be the best he told man you think about their dream what you ordered using like that but it true murder want their victim to end in a happy way know they would not your honor the members of the jury after hearing all this I hope that you will cure all the facts about George Milton was not a bad human a cold-blooded killer and not because he's made out to be however he was Lenny's brother he was on his best friend and he was on his trial savior thank you thank you very much you can go ahead and call you first Witness one moment please can you all here okay please use the microphones so go ahead you can take them out in and use them did you get the opening first witness DVD monitor stand please remain standing from almond state your name for the record nothing but the truth Smith tell the truth please say you're into the record. Pretty much now what is your Occupation Center deputy sheriff Glenn County Venezuelan River on the back do you know what who shot in the back of the head on the spinal cord and where when his body was the response struggling and it looks as if two people were walking and stuff would not like this in the back of the head be possible if you divorce confronting each other so nice all the time attacking anyone and he was Rashad no question Jimmy step down step prosecution have next Witness taking my phone please location Raven Symone you can stay in KU mon the name is the truth the whole truth and nothing but the truth could you please state your name an occupation with the record the first yeah they're both Aqua daylight I cannot send them in the field for half a day what do you know about the relationship between the team in Fire worth of the kid suspiciously at all during the job interview answer any of my questions I like that before but then I figured out that that man was stealing his friends paycheck dissemination Lisa have a seat belt have a chance to question you should print out of work and get most of the Detroit do you have a lot of giving people coming to look for you not at the moment do you remember coming over 2 minutes okay George yes they both seem very suspicious if you are the one that you wanted them I need an extra workers of the time or place are the main groups of job as a decimal is not right answer now because now I'm interview if we can wait for Cody to find work there must be someone I suppose how do you make striped bass on that project emanation for the questions you should call your next window please prosecution like the color curly doll into the stand ticketing please you swear to tell the truth the whole truth and nothing but the truth okay folks you can just say yes I do but go ahead please state your name for the record what is your relating to the defendant I worked with him over form what is your roll up Ro I work under my father as work and help as needed how long have you been working on the car or what was there ever a time answer would you please speak into the microphone and repeat it before the incident where were you when the spy kit place I was actually in the fight why was there a fight can you explain. My service or Mark was funny and I thought him when did George first sign of aggression during a controlled learning to attack me money does whatever George Shelton and covered in blood to me anyway any questions animation post redhead Keurig machines on the ridge check it and see if I was laying with you hurt yourself in the front correct are you going to boss's son 1118 Lambert Ranch get your wife what's on the rich Hero Skillet how did you dye it what seems to be strangled until she cannot breathe you think it's running but not positive but I didn't mean it and I didn't do it if you sent it in the Heat of the Moment. Must have been a pretty one moment considering considering an organized the search party with their guns 2 final Mission killed in my wife is killed just the same as me the further questions your honor examination you make it uptown thank you does the prosecution have any further Witnesses my next Witness prosecution would like to call cause I just wanted to send it state employees how to spell do you swear to tell the truth the whole truth and nothing but the truth okay peace out a seat try to talk in the microphone count chicken Teriyaki Boyz on the road yes where did you shoot him why don't you think did your mom say everybody else is out of shopping there and why and I was pissed because I just wanted to let you know that job did not suffer TripAdvisor please Mercedes Auto can I get protein where where was the Super Bowl in 95 do you know why I don't shop there because I but as he did not like it can I get Minecraft on the idea of suffering from you what to do in The Gorge say to each other directly off of The Killing sorry if you had not going to like it but yes then I asked if you got it away from being killed in Georgia flag yes that child if anybody could have shot him in the back when I could go to the Chicago and if you really did take the gun if you want me to fight with Curley do you think that was possible for Georgia taking the gun on internet based on the fact that I even broke his hand just been catching up on Bernardo picking Microsoft account if you did anything to kill women if you did taking them from you you answer that question that's a question for the jury to decide about whether or not this is killing happened at George's hand and whether or not it was in fact intention thank you any crosses can you make that out any further Witnesses prosecution rest okay the fence wish to call any Witnesses did the doctor tell you to call Katie Henderson K State Nixa Nothing But The Truth May Fire Florida driving around in about did you enjoy the show talk about what no I already told you I don't have any money working on it DSM-5 of it he always insisted that lady was the best worker there is Sophia Grace and Rosie are going to Hardline is that true Walmart off of each other a little bit about how how to get their own ranch I said I would help and what did your ticket that at first but he eventually stopped my offer especially after I said I could offer $350 at the end of the month anymore. George said they could get dollars by the end of the month by working on the ranch what are they going to do with that money Arabi Georgia to Austell Georgia I got the money for the seasons at Jordan ever wanted is that true objection is sustained the answer will be stricken and disregard it can you mr. swallow the defending yourself we're going to live on a farm on serious enough money is that correct or misters mom committed a crime and was on the run you still wanted to buy and live on a farm with George correct so my car is incorrect and consent to kill your dog is that right yes you want a buddy That Got Away out of the car track I don't know. I guess you didn't want him to suffer painful. Can you confirm the door in the room with you and Carlson said where and why he shot the dog yes just to verify you mean to say that the defendant was aware of where Carl's and shot the dog before he feels funny what are the question examination miss that down and any further but I Witness just call you next week news the defense would like to call the first showing for me please State your full name what's Johnson you swear to tell the truth the whole truth and nothing but the truth please be seated and please speak into the mic Hello Kitty one Gun Ranch Philadelphia style did you ever talk to Curtis Oglesby NFL today just talked about them. what is the weather today at Farmers Georgia pasta candy according to Martin Street absolutely. definition of Crux getting ready to Georgia wedding Kelly relationship how long have you how long did you know that when you were born rich redirect based on that cross-examination you may step down any further Witnesses for the defense call your next Witness an offense would like to call Slim Jackson and you swear to tell the truth the whole truth and nothing but the truth baby Spider-Man White 28 inch to 5 years now Branch Georgia vitamin A first drive that was a bit strange and that's God we trust each other and went to the bar. where where did George was planning on killing Lennie I will all my best friends my brother can you show me George Washington in a few words after having known them longer Jordan on his relationship is close drawers and very supportive and loving way almost as if he was his son George takes his dad no further questions your honor thank you any cross-examination did you ever mention anything to you about him into the past where you intended to harm Lane yes they just try to make something when they jump off the bridge weather for Jordan shoes retro 8 self Eddie when he found the body which player was yours already brother I'm not sure tell your potato salad if you knew I was in the North I just say that that was testimony the lawyer refrained as a hypothetical question funny you ask me just ask again repeat what which direction will the end of the rainbow Lake on the body so you could save all assumed was the north then what were you asking it where are you remind me to go to South Africa I'm not sure questionnaire on any further redirect based on that earlier you said that George and Lennie Idaho's relationship right now what do you want me to die anyway. I don't want to jump into the river and on top of that he promised me that he would never do such a thing again. Mystic dance just a defense have any further Witnesses that's what I told George Milton Tennessee he's going to tell the truth the whole truth and nothing but the truth please is it true you tried to drown money yes but what I've done wasn't right I told her right now for him to save him did you ever go to any dating using verbally yeah but that's just what brothers do we are like brothers to each other and sometimes little kids getting away then he acted like a little kid I never meant any harm by why did you tell Lennie to beat up LOL you just didn't know it was on today you threaten to leave him in it I don't know why I came out he was in pain and he got on my nerves but I never did leave him and I said I said I'm at the end kids are annoying sometimes and like I said he acted like it was a big kid no further questions and you find examination why did you originally intended we're just playing around like friends do when your eye is pushed down and once I realized what I done was wrong I jumped it to him a question self assumed a fact not in evidence include regarding regarding the intent of of George and regarding that incident however the left question stand in the handsomest and glad why did you show me all the street Michelle can do my nails in the North nobody questions pay for the questions based upon those questions folks so you can go hold the man at the ranch today so we were actually correct did you screenshot line two-letter word Township yes is that what you decided to do what you did yes no further questions? Malaysia currency then how did you do that okay if I take a shower any further questions based on that came a step down Chevy Brothers Witnesses does the prosecution have any rebuttal witness is based upon any of the defense Witnesses I would like to. I would like to call Carlton Smith call Sam Smith I remind you that you're still on the road USF fish on restaurant impossible for June 3rd racial or something on the way home go to the messenger are any further questions based upon that question maybe see it any further rebuttal Witnesses are we allowed to call to worship okay folks that will close the testimony in this matter now I'm going to ask the attorneys they want to do closing arguments and if they do prosecution will go first defense will go second and then give the prosecution wishes it will go another time and rebuttal because in the past we can get two chances because it is the prosecution's burden of proof so would you like to slow down what is a gentlemen of the jury the death of money small was the traffic on we can also agree that it was George notes it wasn't killer I said before the beauty and Tranquility of the sound a server was tainted by the bloodletting small a man with a dream to one day live on a farm and his very own rabbits such a simple dream with all the evidence presented we are confident that you will decide George's guilty Beyond A Reasonable Doubt as you're all aware killing other man is an act of murder it can only if the person question I can intentionally or knowingly without the influence of a threat to his life for others or the threat of imminent harm to himself or others the testimonial evidence is laying today suggests that the defendant knew where he was going to shoot Lennie before the crime was committed it came back in premeditated the types of depression is left in the sand and the placement of the moon at the scene of the crime also indicates that there was no struggle between the crime suggesting that there was no credit on the defendant as I look like but most importantly we have the fact is a fact that George still bunny interesting fact that George has shown violent tendencies in the past is it you're headed to decide whether the defendant is guilty or not guilty we are confident that you will make try position Kelly thank you for your service this afternoon thank you that's or we can go to go to jail what's a good app like Siri which was the only person present during a murderer aces of poodle for more wider if Jordan wants a buddy that day he would have suffered a painful in the group of death by the end of this man here testimony you heard today most of the water God is that you want cheesy cousin did not answer and I was hard to come across what is week in a sentence is really big because you said that you were more advice well beyond a reasonable doubt I also have this case you going to the rest of the person who made you think I'm going to head that way. motorcycle carrier racks here you should best show in to decide if they said he is guilty I hope that your answer me you know why you're not with the slide it in prison for himself or for sale not by Blood but by the Body for Life we can't talk about punishment the comment by the attorney mentioning the fact that it is even possible that George could go to prison after this trial based upon the vertebrate Jerry's in Maine and that's the law that we're using cannot possible punishments that part only is stricken from the closing please continue directions what is he Revival the testimony of Carlton Smith indicated that George could not have taken the gun for money or George still insists that he took the gun without it being off thank you okay hope that closes out the openings with the evidence and the closings in this case now I'm going to ask you to keep in mind the law that I read to you earlier and I'm not going to tell you if a few more things with respect to the charge of murder which is in tensional or knowing act a person acts intentionally with respect to a result of the person's conduct when it is the person's conscious object to cause such a result a person knowingly with respect to a person's conduct when the person is aware that it is practically certain that the person's conduct will cause such a result now with respect accounts to 3 which are manslaughter account the requisite State of Mind are states of mine are recklessness or criminal negligence first recklessness a person acts recklessly with actually a result of the person's conduct when the person consciously disregards a risk at the person's contact will cause a particular result for purposes of the disregard of the wrist when viewed in Latin the nature and purpose of the person's conduct in the circumstances known to the person it must involve a gross deviation from the standard of conduct that a reasonable and prudent person would observe in the same situation rather than involving a conscious disregard like recklessness involve a failure to be aware of a risk that the person's contact will cause such a result person act with criminal negligence tattoo attendant circumstances when the person fails to be aware of a risk that the circumstances exist and purposes of this subsection going to be aware of the risk you might of the nature and purpose of the person's conduct the circumstances known to the person must involved as well a gross deviation from the standard of conduct that a reasonable and prudent person would observe and I want to read you the instruction on dress which was raised today under certain circumstances a person may be excused from Criminal responsibility for acts committed under duress a person is not criminally flexible if he is compelled to do so by the act by choosing to do an act by threat of imminent death was serious bodily injury to himself or another person Jurassic xizt only if force or threat are such as would have prevented a reasonable person in the defendant situation from resisting or escaping from the force or threats he called me evidence generated issue of whether the defendant was acting under duress the state must prove Beyond a reasonable doubt either that the defendant was not acting under the rest of that force or threat claim to a date of the direst we're not such as would have prevented a reasonable person and the defendants situation from resisting or escaping from such force or threats and I want to the instruction on Reasonable Doubt the will happen soon as a defendant to be innocent although accused Begins the trial with a clean slate and no evidence against this presumption of innocence alone is sufficient to put the defendant that means finding guilty it unless rather you decide that the defendant's guilt is proven Beyond A Reasonable Doubt after careful consideration of all of the evidence in this case the state is not required to prove guilt beyond all possible though the test as Reasonable Doubt the Reasonable Doubt is just with the words and plot a doubt based on reason and common sense it is not a doubt based upon mirror guests or my eyes are bear possibility it is dope which is a reasonable person without what is Prejudice or interest in have to conscientiously weighing follow me it when entertaining as to the guilt of the accused to convince a defendant of a criminal offense the evidence must be sufficient to give you a conscientious belief set the charge is almost certainly true State always has the burden to prove each element of the offense charged Beyond a reasonable doubt you will not retire to deliberate the choices that you will have our with respect account one murder guilty or not guilty with respect to count to manslaughter guilty or not guilty count three is withdrawn from consideration for this this group just to be clear you can find the defendant guilty or not guilty of murder if you find it if I did not guilty of you may next consider whether the defendant is guilty or not guilty to manslaughter please retire okay so you have to decide on two counts murder and manslaughter and I'd like to start off with a belt for a George is guilty or not guilty of murder can I get a raise of hands for thinks he is guilty Western Union Cabana racer hands for who is not think George is not good and I'm not about for food banks George's guilty manslaughter I know and Anna guilt and then a boat George is not guilty for murder of missile so what's around the table for a y apply of Georgia is not guilty actually I would like to start with you. Why you thought George was still here Christopher S everyone up and tell them which is harder cause of death for anyone else like to anything what we're trying to decide is if he like if the intention of the murderer or the Bible or not not whether he children. Can we all know that he did kill him it's just whether it was like a good reason. I thought that was the kind of manslaughter stopping dr. SR5 did say that George killed Lennie and so I personally I thought it was whether or not he meant to it. Wanted to kill him or did it out of place whatever you want to say something up why OK Google okay so can you guys have that microphone cuz it's really important. I said no to go three of a kind of giraffes only because fruit orange ribbon everything it doesn't even seem like he wanted to do it willingly but he seen that you had that he was kind of forced to do it on account of curly supposedly make money die a horrible death anyone else like that on today I agree that it said it was better to rest cuz I thought he was compelled by that's right I wasn't in danger or death to him what's going on so he was concerned about out of money so I keep eating activated arrest in my betta tank SSS very well said address I think that there was they said there was dress the way you listen to the instructions about the rest I'm not sure if it was true or not because I don't know if there was no proof that it was they were going to have that horrible I'm voting not guilty because the state didn't prove approved there was no dress and they did not do a good job of proving it was address The Bachelor feeling was so maybe that's why I don't even and even though it was not they were ff12 to me that's why I believe with you if that that the prosecution did not but make it up enough is that change any of your three boats after hearing those two so I guess I should really win them because it's not the way to go screw himself admit that he money got off on the wrong foot and they fight regardless if your teeth pulled into fight what was it from earlier. That started it who do you agree with I didn't catch that with you I agree with that so if you don't play it again and if we don't fight can you start a fight when they're being funny charger curly curly also did to make that he may even have said some words out of anger at the first bit and he may or may organize a search party does that change a TV remotes can I hear the first towns like exactly yeah I understand it fully but if it seems like they can you murder him or not then you have to understand everything. murder was committed in active knowing the fact would result like that that isn't belts word and then mansions with just knowing there's risk and disregard for that risk am I speaking Steve can you like to come here for just the fact or hang up on the murder can you read the comments again Scout store address in New Jersey? so dangerous out here so personalized ornament or not 3 who believe he's guilty of murder arrest guilty of manslaughter innocent mean that charges again with the two charges that honor about the year 1935 in or about Soledad Monterey County California George Melton intentionally or knowingly caused the death of another human being Emily Lenox Mall, too is that Latavia in place George Milton did rapidly over the criminal negligence caused the death of another human being and Lennie small it's just the one more thing I'm going to read you about which is the jury deadlocked so you may be having difficulties agree on a verdict and I'm just going to make a couple of observations so spending time like this is not unusual as possible deliberation requires a throat discussion of the issues and points of you so that means you're just doing your job respond but you must reach represent must represent the considered Judgment of the beach in order to return of the verdict is guilty or not guilty you all must agree if there is to be each other deliberate at your duty effective you each to two of you toward reaching an agreement if you can do so without sacrificing your individual judgment each of you must decide the case but do so only afternoon special consideration of the evidence in the case with your fellow jurors in the cost of your deliberations keep an open mind and not hesitate to reexamine your own views change your opinion if it if you have things to do but you're not Surrender Your on hopefully add to the weight of the effect of the evidence solely because of the opinion of the mere purpose of returning the verdict you're not partisan you are Judges at the fax your soul interest is to determine the fat based on the evidence in the case and one of the state at room in the charge or charges Beyond A Reasonable Doubt keep all of his observations in mind as you continue to deliberate if after further consideration you are able to reach a verdict you should report that conductor for the deliberations you still cannot reach a verdict you should advise me of that as well I am ecstatic don't stand so 3 anymore so yes he did electronic music on account if you know you're going to kill my name are you still in the it doesn't seem right to me to say it was murdered because it doesn't look cuz like I said it didn't look it didn't seem like to me that George wanted to kill Lennie out of all the witnesses they all said that he seemed except except Raymond Loewy apart from the Super Bowl and who said who is this who I believe said he was suspicious that George was stealing his paychecks. other Witnesses said that George and Lennie had a great relationship like brothers so I also like to say that the prosecution had a pretty long week already are there they didn't put that as many facts for why George was guilty for murder in some places kind of seemed like they were pushing it in Independence that's how I saw it a little bit so just kind of supposed to be trying to put him in jail. Get him out of it. I felt the Martyrs about a husband I also agree with that and I have not been in the cold blood but it was murder I get on the judge said if they were under duress then they're not respond they killed so the real question is where they going to do a slip people coming to harm when handling any of George and testament or the voices George to say goodbye places in Lapeer that curling come and kill Lennie as we all day at the beach shine right back of the head but were they about to be harmed and if it in couriway by other people innocence was a mercy I also remember the prosecution saying it's not a matter of who done it it's a matter of wife.com weather anyone else like to you speak Zoom 3 guilty what is a cheetah yeah okay I will cook anyway go to not get to see her why do changes of murder it's just the killing of it he would look in danger something I understand now that you can take a picture just like other people ok Google we have a little bit and it was not in Cold Blood. Friends the verification said that it was that it was impossible that Lennie not money that George was wrestled the gun away from are bunnies abnormal strike keep in mind they were good friends and maybe George found a way to sneak it from him like I said if it was Chinese Fat Pocket you might of selling took it out of his pocket without him knowing he said that he took it so I think one friend about you thanks George is guilty of murder text George's not getting married police charges guilty of manslaughter are you think Georgia is not good at basketball Christopher Larson DVDs rise is it offended is George Milton guilty or not guilty not guilty uncommon to Nashville is it offended is George Milton guilty or not guilty the fan is the man Springfield leave discharge Play Shut Up. Is a second but perhaps at the first time water a day not guilty all the way around and burn so it was also one of the best presentations that we've seen from both sides okay it was terrific and there's a few things can afford minutes I guess what I want to tell you about it by you if I can I'll come down him maybe try to be brief with you guys later by then so I don't think I understand nobody can the prosecution identified George Miller. You'll find it inside. That's Amore but it didn't mean to happen in the end because Georgia to identify themselves because I thought what am I going to change things a little bit things you probably asking is scared me you're struggling right how to say no to that and then the course. price on a little bit more today Sheri in the fact that all came out on that you know it wasn't intentional tournament and because what you're really saying from to work took this is Bethany can gif basically said that you know what he had such an extreme pressure that he killed him basically to save him from being Hill or have to be worse away so that's one way to look at shows very well organized, soon we just see each other sitting around like it was good argumentative and put cross-examination by the pilot defense Bowl party Sunday Brown I shoulda put a drink before the closing and say hey did you hear that wind is argue with me when she just wanted to tell you the truth so let me know. I kind of think I could happen but it was really a fun. You're both just stood your ground very hot so there's a great jacket about meeting question exactly what it was not allowed to do any when you do not have to wrap the examination Jackson Christian based on a multivitamin talking about what we talked about instead of punishment in Maine let's see some trucks was excellent. when was James Missouri State I wouldn't want my best friend you wouldn't mind I would want my best friend to to Juventus I can't exactly what it was it was the Jacksonville because he was kind of giving a day what's really factual that wasn't really helpful to a Trier of fact you had to happen sometimes. Sometimes you can make a couple more objections

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