Continuation Part 3 - Discussion of the Amanda Knox case

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Depends whether she was implicated or not in the murder. Any credible statement would have worked which explained:
1) her whereabouts that night, exactly what she did and where she was, in terms of certaiity and with unambiguous details
2) the reason why she told a false statement (the true one)

So in other words as long as the prosecution wishes to maintain she's 'accused' Patrick Lumumba it can ignore everything she says or does and pretend its requirements aren't satisfied? Or that she is still 'lying' in which case again it can maintain the 'accusation' still stands?

Byzantium endures.
:)

My educated guess is her lawyers remained silent for some days because of her hand written memorandums and ongoing written declarations: they simply didn't know what she was about to declare. It is not that simple to deal with an ambiguous declaration like the hand written note, not immediately obvious for a lawyer to decide how to handle it. And because Amanda didn't tell her lawyers "I was forced to make this declaration" or "I lied out of fear": if she said that clearly to her lawyers, they would have set a strategy from that position. But they did not produce this position themselves. They opted for a strategy of dismissal of the first statement and downplaying the written memorandum, and they bet on a questioning by the magistrate that took place on Dec 18.

Boy did this one work out well for the cops! They could pretend she was still 'accusing' Patrick at the same time she's saying she never left the cottage and thus obviously couldn't know. So they get to keep their 'accusation,' accuse Amanda of 'changing her story' as part of the whole 'compulsive liar' motif.

At any rate, why not see if you can develop an evidence-based argument for Hellmann in his Motivations? You know you're going to 'win' this one, why not see if there is a way to put together a legal argument that will stand scrutiny? That way when the Motivations come out you can see if you were 'right.'

What are the rules again for the calunnia charge? The first statement can be used as evidence against others, and thus her on this charge and the note of the 6th of course, as well as her testimony on the subject I assume. Is the note of the 7th also admissible? I don't think I recall this ever coming up in court, thus I always assumed it was because it was seized from her and not actually voluntary like others said. Does that pretty much sum it up? Is there anything else that could be used by Hellmann to write a Motivations for the calunnia charge?
 
But you may not "disown" a statement, you can only make a statement and logically you can only make statement which defines your position.

Not at all. Subjects disowning statements made under duress is common. For example Americans captured in Vietnam that had to confess to warcrimes often made statements in their confessions to disown their statements.

My name is Sargent John Smith.... while I was ordered to kill villagers .... my family back in Saint Louis would be ashamed and I apologize (when in reality his family is from Kansas city and no one lives in Saint Louis).

During the Korean war Americans would frequently have their middle fingers up during their taped confessions. At the time the Communists didn't know what that meant. Of course when they found out, they shot the soldiers, which proves the problem of using disowning statements that your captors don't understand.

Had she written: what I said in this statement B is false, while instead what I had declared in the statment A is true, this would define her position as position "A".

She did you one better while writing statement A she indicated that statement A wasn't to be trusted. B only came after when she was in the relative safety of the court. And like lots of other Americans before her, the real true statement is coming to take months or years after her captivity.


Well, she also should give a credible (consistent) explanation for why she gave the false "B" statement, otherwise I may think she changed her story in order to mislead the investigation on the murder as it appears logical.

She did explain in court quite clearly. She was being hit and yelled at, she was scared and she wanted the interrogation to end. She requested it end and the police refused so then she acted like people under duress commonly do and tell their interrogators what they want to hear.

Anyway if she defined her position again as "A", then she would have back the version "A". But as she says she "doubts" of position B, this means she also disowns the position A. If she does not provide a position and she is just too doubtful about one, this destroys all of her defensive position, including the previous one.
If you say you don't know what the truth is, your version is not credible, not even the previous one and not even the following ones.

Exactly! She was making statement indicating that everything she says should be ignored. She was under duress and disowning the entire series of statements.
 
But you may not "disown" a statement, you can only make a statement and logically you can only make statement which defines your position. Had she written: what I said in this statement B is false, while instead what I had declared in the statment A is true, this would define her position as position "A".
Well, she also should give a credible (consistent) explanation for why she gave the false "B" statement, otherwise I may think she changed her story in order to mislead the investigation on the murder as it appears logical.

Anyway if she defined her position again as "A", then she would have back the version "A". But as she says she "doubts" of position B, this means she also disowns the position A. If she does not provide a position and she is just too doubtful about one, this destroys all of her defensive position, including the previous one.
If you say you don't know what the truth is, your version is not credible, not even the previous one and not even the following ones.

Yikes. These are pretty stringent rules. As Amanda indicated in her testimony at the first trial, she doesn't think this way. She thought that saying she was not at the scene of the murder would be enough for the police to understand that she could not be relied on to say Patrick was at the scene of the murder. As we all know, the police claimed not to have gotten that message.

This reminds me of the time I got a new roof on my house. As I was getting in my car to go to the store one afternoon, the roofer said, "There's a lot of new lumber left over if you want it." I said, "Okay." When I got back from the store, the roofer and his workers had thrown all the new lumber into the dumpster and covered it up with so much garbage that it was impossible to get it out. When I asked them why they did that, they said I didn't tell them I wanted the new lumber.

Some people, like these young roofers, have no intuition. And some people, like the police and Machiavelli, have some intuition, which they are able to turn on and off at their convenience. The rest of us have either a normal amount or a lot of intuition, which is why we understand what Amanda meant without her having to put it in a precise format for us.
 
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As far as I'm concerned even though she's no longer in a 'ten foot cell' it still 'won't be over until they clear her name.' :cool:

You may be waiting a long time. On my site and related ones, we've argued the Galileo case and there are still people on both sides. :) John McCain is still a convicted war criminal according the Vietnamese.


The fact they'd even dare to protest the decision the way they did, confronting a Parliamentarian in the Ministry of Justice as well as international media suggests an arrogance that defies understanding.

No its part of the game. By appealing and losing they never have to admit wrong doing. If they didn't appeal, that would raise questions.

Thanks! This is why I wanted to start a dialogue on this, you hit on the three things so far that I had to contemplate further as they didn't 'fit' as well. First the spontaneous statement she gave at the beginning of the trial, (or the pretrial I forget) the one where she's up there stammering and searching and says 'I didn't know what to do!' When I first heard that my inclination was she was probably lying, but as I thought more on the circumstances of the time it occurred to me here she was talking publicly about this for the very first time after the 'Foxy Knoxy' smear thus those people might well have been looking at her like she was some sort of diseased filth. :(

Come on. This is a criminal court, what in the rumors would shock a criminal court judge? The defendant before her (example not literal) regularly rapes his 9 year old step daughter and the police discovered this when they found the explosive chemicals he was leaving all over the house from his meth lab. The police had to make up lies about Amanda, because she was so squeaky clean; most of the people they deal with aren't.

I believe she wasn't coached nearly enough by her defense lawyers. Not speaking Italian and her frustration with the interpreters, that comes through (from both sides) might be the reason her statement sucks. On the other hand she might have been convicted for 1st degree murder if she had made a clear statement of duress. Or she might have been shanked and left to bleed out. I'm sure Mignini has pull inside the jail as well.

I don't know what she was up against. We'll have to wait for her book.


The second is squaring the 'Fine....My version is she doesn't know what to think. She has weak mental images

I'm going to save and trim this argument. Lets do the hash one below. I think you still have the basic problem of how that level of memory distortion happens that quickly.

As for the hash, I dunno. It would seem to make sense with Raffaele having smoked, but I've never heard anything to suggest Amanda was too. How long could hash last anyway? Both Amanda's testimony and that of the police suggests they were easy on her early, thus once they put the hammer down and they approach the 1:30 AM or so when she broke down, then the hash ought to have worn off, right?

I think the max is about 8 hrs. 4-5 hrs no problem, hash is strong. If there were smoking up 9-10 she could have easily been still moderate high at 2:00 am.

What part didn't she say at the trial? Keep in mind her lawyers might have cautioned her about the prospect of a calunnia charge, thus leaving some things out might have been a product of that. Patrick Lumumba tells a very different story in court than he did before or after, Comodi even 'warned' one of the defense experts in court, and of course Mignini handed out some during the trial and the defense suggested some at the end of their presentation.

Good point. That may be why she was being so vague. If she claims duress they just charge her with another crime.

Did you see that CNN interview? That might be the first time in his life he's faced an adversarial press. He himself seemed to know it didn't go well.

I think he knows this whole thing has been a disaster for him. Remember Monster of Florence comes out in 2013. However much he hasn't like newspaper, wait till he tries feature films.

A few months ago a French outlet published an article interviewing some of the people on the street in Perugia, and whether there is or not, the people quoted there seemed to think so, in rather descriptive terms. The objective evidence published elsewhere of less tourism was non-localized and could have been confounded by the economy, but even still the locals might not have taken macro economics and blamed any decline on the Amanda Knox verdict anyway. I've seen some say the school has seen a precipitous drop in enrollment, but I don't recall if they were referring to overall or just amongst Americans or English-speakers.

Well that is interesting. It is macro effects combined with a slight effect from fear, but the fear is seen as having a larger impact. Interesting. I tend to think in more national terms since that is what got Rocco Girlanda and the other party members involved. But locally it is all PD territory.
 
She did not say she was interrogated by Mignini. Not even in her latest court testimony.
____________________________________________

Machiavelli,

Another example. In her original murder trial testimony...........

Amanda Knox: The PM and the policemen who were there. But when I made that
declaration, also the PM was one of the people who said to me, "So, you did
this, you followed this person, you heard this, but why?" That's how it was.


Clear as day.

///
 
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You may be waiting a long time. On my site and related ones, we've argued the Galileo case and there are still people on both sides. :) John McCain is still a convicted war criminal according the Vietnamese.

Eh, as long as it is relegated to the fringes I mean. Hopefully that will come in time. It appears our good friends down the Rabbit Hole are trying to position themselves as a 'victim's rights' group, and the likes of Bill O'Reilly, Wendy Murphy and Ann Coulter have accepted some of their lunacy and promoted it. You are aware they send out 'press kits' and have gotten a number of citations already? From Barbara Nadeau and Andrea Vogt, and the Washington Post cited Maundy Gregory a week or so ago who's a member of that site and does nothing but try to temporize the nonsense promoted by them and TJMK.

Do you think this a positive development or one that ought to be contested? :)


No its part of the game. By appealing and losing they never have to admit wrong doing. If they didn't appeal, that would raise questions.

I meant confronting Giulia Buongiorno as a group shouting 'shame' and I think they might have even thrown something, details were unclear. As for the media some of them looked a little shook up by the 'protesters.' There was even a report Mignini himself got the treatment. I'm just thinking that's awfully arrogant of the police union, and might not sit well with some.



Come on. This is a criminal court, what in the rumors would shock a criminal court judge? The defendant before her (example not literal) regularly rapes his 9 year old step daughter and the police discovered this when they found the explosive chemicals he was leaving all over the house from his meth lab. The police had to make up lies about Amanda, because she was so squeaky clean; most of the people they deal with aren't.

I think maybe you live too close to Newark! :p

At any rate my point is they were probably not exactly a friendly welcoming crowd and it was her first time before them, thus her stammering might well have been more related to that than any sign of deception. The combination of the Mark I eyeball and eardrum as a lie detector is less reliable than the electronic one in my opinion, which is why I take them into account but reserve judgment.

With Mignini in the CNN interview I knew enough of the case and the circumstances thus I knew he was lying when he was, and I simply enjoyed watching the little slug squirm having to face tough questions and actually have to deal with rebuttals such as with the Douglas Preston interrogation which he tried to minimize.

I believe she wasn't coached nearly enough by her defense lawyers. Not speaking Italian and her frustration with the interpreters, that comes through (from both sides) might be the reason her statement sucks. On the other hand she might have been convicted for 1st degree murder if she had made a clear statement of duress. Or she might have been shanked and left to bleed out. I'm sure Mignini has pull inside the jail as well.

Wayyyyy too close to Newark! :p

I've wondered about that, (not the shanking--yikes!) Mignini having some pull inside the prison, especially with the Aviello debacle. Did you follow that little tangent? That's just another reason they could make a black comedy of this case. Incidentally it also suggested you might well have been right regarding the cause of his two front teeth missing. :covereyes


I'm going to save and trim this argument. Lets do the hash one below. I think you still have the basic problem of how that level of memory distortion happens that quickly.

Considering the conditions, I don't think convincing her for a few hours that the mental images must have been 'recovered' memories is really that much of a distortion. She didn't actually witness the murder, she was supposedly covering her ears in the kitchen. She wouldn't have actually 'seen' anything all that crazy, and as per her testimony most of it is confabulation to connect those images. All she needs to do is try to think about it and have those images come to her mind. It would explain the 'hard evidence' of her being there and the 'fact' Raffaele said she left, making it more compelling 'evidence' it 'had' to happen.


I think the max is about 8 hrs. 4-5 hrs no problem, hash is strong. If there were smoking up 9-10 she could have easily been still moderate high at 2:00 am.

OK, I've never done hash, I thought it was just strong marijuana which is more like 2-4 hours in my experience. I don't think it's necessary either, it's not like she contended she'd had complete memories of the whole ordeal, just bits and pieces with Mignini 'helping' fill in the blanks along the way. I think they just freaked her the hell out for a little while and she believed those flashes had to be connected to the murder, then with the pressure off it faded and she got to thinking how it didn't seem so real compared to the other memories. I think that note is her trying to puzzle it all out, in part for herself.

Can you remember what it was like to be young and innocent and trusting of authorities? How does she square the 'hard evidence?' She's definite about the fact she didn't ask Raffaele to lie, but she puts that on him, not them. Otherwise she seems to be trying to figure out how everything she's been told can be true and her memories not, outside of those flashes of imagination. Those are just props like the misinformation like the 'hard evidence' and what Raffaele said, all they have to do is convince her for a few hours with 'You must be lying! You must be guilty! and that the only explanation for this is she was there and repressed the memories. She gets a chance to think on it and she starts to realize the 'inconsistencies' and how it doesn't seem so probable anymore.

Good point. That may be why she was being so vague. If she claims duress they just charge her with another crime.

They did anyway, but not until the end, she might well have been trying to steer clear of it under the advice of her lawyers. She also might not remember it all that well, it may come as mostly a blur.

I think he knows this whole thing has been a disaster for him. Remember Monster of Florence comes out in 2013. However much he hasn't like newspaper, wait till he tries feature films.

Heh, heh, heh...I hope he becomes the model for an archetype villain for a generation. The seemingly sophisticated old-world gentleman with seemly harmless esoteric knowledge and eccentricities whose friendly demeanor can turn suddenly to freakish antagonism and who simply refuses to admit he could be wrong and takes it to perverse levels regardless of consequences chasing more and more bizarre theories.

Did you ever look into what he was doing in his 'Monster of Florence' 'investigation?' Digging up dead bodies and checking their pants sizes and haircuts to 'solve' murder cases twenty to thirty years old by connecting them to a satanic cult under the advisement of a crazed spiritualist who talked to a dead priest? He wasn't working on a murder case, he was already playing a part in a cheap knock off of a Dan Brown novel! One written by his partner in that debacle, Michele Giuttari. It was weird, the writers Douglas Preston and Mario Spezi were actually conducting a decent investigation into what might have happened, and Mignini and Giuttari were acting out a bizarre plot for a murder mystery!


Well that is interesting. It is macro effects combined with a slight effect from fear, but the fear is seen as having a larger impact. Interesting. I tend to think in more national terms since that is what got Rocco Girlanda and the other party members involved. But locally it is all PD territory.

I think Patrick spending four years pounding on Amanda and promoting his martyrdom probably had an effect as well. They get to absolve the local police and 'do justice' for a Perugian who's been described as a leader in his community and blame it all on the Polizia Scientifica from Rome and the naughty American girl who might not be a murderess but makes for a convenient solution to the entire issue from a Perugian standpoint.

That's why I'm wondering how its going to come out in the Motivations, as one of the redeeming qualities of the Italian System is they have to try to make sense of it that way. I'm wondering how it can possibly be done!
 
Just a side note.

Browsing the Amanda's testimony translation I encountered this quote, that Mignini reads from a second memorandum of November the 7th ( that Amanda wrote in jail and that is not publicly available AFAIK):

"I didn't lie when I said that I thought the murderer was Patrick. At that moment I was very stressed and I really did think that it was Patrick. But now I know that I can't know who the murderer is, because I remember that I didn't go home."

Is this a complete retraction of any accusations or what?

This isn't a side note! This is as full and complete retraction as Amanda could give - as we've been saying on JREF for a while, she wasn't there, so she can't say he's innocent.
On top of this epistemological point, it's always been my belief that on the night of the interrogation she thought the police had genuine reasons to suspect Patrick, and was, in her written statements following the interrogation, being careful not to say anything that would undermine any case against him. The reason for this care is that she doesn't want whoever killed Meredith to get away with it.
No matter what Machiavelli says about the accusation standing whether retracted or not, the fact is that there was never any need for the police to hold Patrick more than 48 hours. As well as the 'accusation' being definitively retracted by then, any half decent police force could have verified an alibi in this amount of time. Presumably, by 5th Nov, they have already verified the alibis of: Giacomo, the other boys downstairs, the other housemates. That's at least 6 alibis in 3 days, so 1 alibi more extensively checked (because of the accusation) shouldn't have taken more than 2 days.
The other 12 days Patrick was in custody (plus the months his bar was shut down) are solely due to police action, and the idea that Amanda can be blamed for anything past this 48 hour window is completely ridiculous.
 
There are some images of her prison diaries, my understanding is that she wrote many pages. Some of the early pages can be found on the truetv website, pmf had them at one time, I believe I posted a link to some of the images taken in court as one of the lawyers was flipping through them. Anyway here are a couple of the pages.
 

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I'm afraid there will be people going on forever with this nonsense. However I think I have given a correct representation of how the law works and everyone who decides to be objective can acknowledge that there is no argument for the "right to counsuel" to be made on this.

I can't be sure whether your representation of "how the law works" is correct; but I will say that if it is correct, then it means that the police can effectively make their own rules and do whatever they like in an interrogation.
...

The warning that a counsuel would make things worse is connected to the fact that it is instead the status of formal supect that would "attach" to the refusal to answer and call for legal counsuel.

Again, your knowledge of Italian law is greater than mine; but if this is true then it means that the rights of the little people don't really exist at all: "anything you say can be used as evidence against you, including 'I want a lawyer'."

Machiavelli, up to now you have have been making the case that what the police did on the night of 5-6 November was correct, and that Amanda's (and Raffaele's and Patrick's) rights were not violated. You would gain some credibility by making it clear what the limits of police action are, and what rights the "witness" really has. At the moment, by excusing everything the police did, you appear to be saying that there are no limits to police actions, and that witness "rights" (such as to a lawyer) only exist at police convenience.
 
Rose, when are you going to tell us what you were driving at with this post?

It is simply my own version of a Rorschach test. Believe me, I am taking notes.
For you, I would suggest a cup of hot chocolate rather than a gallon or two of coffee before (finally) going to sleep.
 
It is simply my own version of a Rorschach test. Believe me, I am taking notes.
For you, I would suggest a cup of hot chocolate rather than a gallon or two of coffee before (finally) going to sleep.

How dare you accuse me of drinking coffee -- ugh, vile liquid! Besides, caffeine is not the secret to staying up all night -- sleeping all day is.

Zo, Herr Dokter, vich picture did you choose?

(And Rose, while you yourself, of course, could never be an ugly person, don't you think Milla could drag a comb through her hair every once in awhile?)
 
I want to talk about this HIV test. You see, I'm not at all convinced there was ever a positive HIV result for Amanda. (This is in the context of cops lying to her of course.)

  • Who collected the blood sample from her?
  • Where was it sent for analysis?
  • Please tell me about the accreditation status of that laboratory.
  • To whom was this alleged preliminary positive result reported?
  • Who took the decision to inform the patient that she was HIV positive on the basis of an unconfirmed preliminary result?
  • Who actually informed the patient of this, and were proper protocols for the counselling of patients being given this news followed?
Just a few of my questions about this. I'd also like to know if a facsimile of the actual lab report is available.

Rolfe.
 
How dare you accuse me of drinking coffee -- ugh, vile liquid! Besides, caffeine is not the secret to staying up all night -- sleeping all day is.

Zo, Herr Dokter, vich picture did you choose?

(And Rose, while you yourself, of course, could never be an ugly person, don't you think Milla could drag a comb through her hair every once in awhile?)

That's what I get for using the Outre scoring system (rather than the Enner), I picked the now free to make the big bucks one, just seemed so spiteful.

Speaking of warm readings and prison diaries, this old link caught my eye:

http://translate.google.com/transla...1&u=http://www.analisi-grafologiche.it/?p=653

I had switched to a Cher avatar at websleuths but now they have closed down the discussion, bummer. Perhaps I should change it here.
 
It is simply my own version of a Rorschach test. Believe me, I am taking notes.
For you, I would suggest a cup of hot chocolate rather than a gallon or two of coffee before (finally) going to sleep.

There's a fair number that feel that the Rorschach has little more reliability than a mood ring. It still gets used as a conversation piece by some though....

So...conversate! :p
 
There's a fair number that feel that the Rorschach has little more reliability than a mood ring. It still gets used as a conversation piece by some though....

So...conversate! :p

It is useful exactly as that, to get the subject talking about their impressions. I would only say it is signininonoficant if say 50% of people see a bat and a toad in the first two, and you select Stefanoni and Mignini instead.
 
astonishing

Just a side note.

Browsing the Amanda's testimony translation I encountered this quote, that Mignini reads from a second memorandum of November the 7th ( that Amanda wrote in jail and that is not publicly available AFAIK):

"I didn't lie when I said that I thought the murderer was Patrick. At that moment I was very stressed and I really did think that it was Patrick. But now I know that I can't know who the murderer is, because I remember that I didn't go home."

Is this a complete retraction of any accusations or what?
Katody Matrass,

This is quite astonishing. It has been a big pro-guilt talking point for as long as I can remember. It would be nice to see this one head to history's dustbin.
 
I want to talk about this HIV test. You see, I'm not at all convinced there was ever a positive HIV result for Amanda. (This is in the context of cops lying to her of course.)

  • Who collected the blood sample from her?
  • Where was it sent for analysis?
  • Please tell me about the accreditation status of that laboratory.
  • To whom was this alleged preliminary positive result reported?
  • Who took the decision to inform the patient that she was HIV positive on the basis of an unconfirmed preliminary result?
  • Who actually informed the patient of this, and were proper protocols for the counselling of patients being given this news followed?
Just a few of my questions about this. I'd also like to know if a facsimile of the actual lab report is available.

Rolfe.

Rolfe, in July of 2010, some of us sent a letter to the World Health Organization, explaining the situation, as we understood it, about the HIV tests. It was a long letter, so I won't reprint the whole thing, but this was how we ended it:

The reports that Amanda Knox was tested, misinformed of a false positive, not provided with confidentiality and not counseled all reflect poorly on the reputations of the doctors and other health care workers at Capanne prison, whether or not they allowed the abuses to take place under their supervision. Certain questions about their roles occur:

Was Amanda Knox actually tested for HIV at Capanne Prison?
If she was tested, was the testing done voluntarily and with her consent?
Were the initial test results really positive or was she deliberately misinformed, and by whom?
Why were her rights to privacy not respected?
Why was she not provided with counseling about her test results?

In conclusion, we respectfully ask that you and your office take an interest in this case, and investigate any possible violations of Amanda Knox’s rights as a recipient of health care. Furthermore, concerns about public perceptions of these incidents should be taken seriously. If ethical violations are found, it would be rewarding for Miss Knox and her supporters to see these injustices recognized, addressed and corrected.

The letter was e-mailed to the following WHO representatives:

Dr. Lars Moller
Manager, Health in Prisons Project and illicit drugs
E-mail: lmo@euro.who.int

Mr. Martin C. Donoghoe
Team leader, HIV/AIDS, TB Plus
WHO Regional Office for Europe
Scherfigsvej 8
DK-2100 Copenhagen Ø
Denmark
E-mail: aids@euro.who.int

genderandhealth@who.int
Gender, Women and Health - WHO
Avenue Appia 20
1211 Geneva 27
Switzerland

We never received a response. Probably should have sent it in hard copy. In my opinion, what happened with the HIV tests was a scandal.
 
....I picked the now free to make the big bucks one, just seemed so spiteful.

That one is definitely a keeper.

I had switched to a Cher avatar at websleuths but now they have closed down the discussion, bummer. Perhaps I should change it here.

As long as you never use the malevolent-looking Yoko Ono, I'm good.
 
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