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Thread: James Sasser Jr. and Patricia Batts Sentenced in 2020 MT Murder of James Alex Hurley

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    James Sasser Jr. and Patricia Batts Sentenced in 2020 MT Murder of James Alex Hurley





    Montana boy, 12, beaten by grandparents and 14-year-old uncle, prosecutors say

    By Bradford Betz
    Fox News

    A 12-year-old Montana boy found dead earlier this month allegedly had been beaten by his grandparents and 14-year-old uncle, prosecutors said.

    James Sasser Jr., 47, and Patricia Batts, 48, appeared in Gallatin County Justice Court on Thursday in the Feb. 3 death of James Alex Hurley.

    The boy had been living with his grandparents, two uncles and an aunt in West Yellowstone – near the border of Wyoming and Idaho – for about two years, court records showed.

    After his death, investigators said they found evidence, including videos, that indicated Hurley's grandparents and his 14-year-old uncle regularly abused him, including beating him with a wooden paddle and locking up food.

    Batts and the 14-year-old told investigators that Hurley and his uncle had a "bad fight" on Jan. 27. The uncle said he found Hurley standing over Batts with a knife, according to the court records.

    The 14-year-old also acknowledged kicking Hurley in the head multiple times in the 24 to 36 hours before his death, charging documents said.

    The uncle is about 6 feet tall and weighs about 300 pounds while Hurley was 5 feet, 3 inches tall and weighed about 100 pounds, charging documents said.

    Batts said Hurley slept on the floor in the living room and was mumbling and moaning throughout the night before she reported finding him dead the next morning.

    Nobody sought medical attention for the victim, prosecutor Bjorn Boyer said. The autopsy found he had bruising all over his body and died from trauma to the head.

    The 14-year-old was charged with deliberate homicide in youth court Wednesday and his bail was set at $500,000, the Bozeman Daily Chronicle reported.

    The grandparents were charged under the felony murder law, alleging they committed felony aggravated assault that contributed to the boy's death.

    Bail was set at $750,000 for Batts and $500,000 for Sasser. Boyer said he sought a higher bail for Batts because he believed her to be more culpable.

    Another man, 18-year-old Gage Roush, was arrested last week and charged with felony assault on a minor in connection with Hurley’s death, the Bozeman Daily Chronicle reported. He appeared in court on Friday where a judge set his bail at $50,000.

    https://www.foxnews.com/us/montana-b...dparents-uncle
    Last edited by Steven; 08-28-2023 at 04:35 PM.

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    New charges filed against West Yellowstone grandmother involved in murder case

    By Deion Broxton
    NBC Montana

    BOZEMAN, Mont. — The grandmother accused of torturing and killing her grandson in her West Yellowstone is facing new charges.

    Gallatin County prosecutors filed new charges Thursday against Patricia Batts, who is accused of playing a role in the torture and killing of James Alex Hurley, 12.

    Batts faces new charges of kidnapping, child endangerment and strangulation. These are in addition to the deliberate homicide charge filed in February.

    Court documents show Batts physically kept Hurley in her home and didn’t get him medical treatment before he died.

    The documents go on to say Batts choked the victim just days before he died.

    James Sasser Jr. and James Sasser III, 14, are also charged with the torture and killing of Hurley.

    Court records show all the defendants on cellphone video abusing Hurley.

    Sasser III’s 18-year-old sister, the daughter of Batts and Sasser Jr., reportedly told detectives she believes Sasser III beat Hurley to death in early February.

    Hurley moved to Montana two years ago to live with his father, Tommy Tate. Tate died from complications from an ATV accident, according to Hurley’s mother, Alicia Davis.

    Davis told NBC Montana Tate’s parents started caring for Hurley after his father’s death.

    Authorities report that Sasser Jr. told detectives Davis signed papers giving Batts guardianship over Hurley. They say Sasser Jr. admitted to never seeing the actual paperwork.

    Documents also revealed Hurley’s grandparents were receiving their deceased son’s Social Security checks. Hurley was entitled to that money, according to detectives.

    Officials say Batts and Sasser Jr. may face the death penalty.

    Sasser III pleaded not guilty to Hurley’s death Thursday. A judge will determine in July if he will be tried as an adult.

    https://nbcmontana.com/news/local/ne...in-murder-case

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    West Yellowstone man pleads not guilty in grandson’s death

    AP

    BOZEMAN, Mont. (AP) — A West Yellowstone man has pleaded not guilty to deliberate homicide and criminal child endangerment in the death of his 12-year-old grandson in early February.

    James Sasser Jr., 47, entered his plea Monday in District Court in the death of Alex Hurley, the Bozeman Daily Chronicle reported.

    Sasser has been jailed with his bail set at $500,000 since his arrest.

    Investigators found several videos of family members beating and torturing Alex in the months before his death, court records said.

    A co-defendant, Gage Roush, 18, pleaded not guilty last week to felony assault on a minor. Prosecutors allege he beat the boy with a paddle.

    In court documents, Roush said he “regretted everything” and that he wished he could tell Alex “sorry.”

    The boy’s grandmother faces several charges, including deliberate homicide, in his death. She has not entered a plea.

    Alex’s 14-year-old uncle is also charged with deliberate homicide. He has not entered a plea and his attorney asked for more time before holding a hearing to determine if he should be tried as an adult. The Associated Press is not naming the boy because he is a minor.

    https://apnews.com/549eca26ad37f31cc6f0e5ab5ae2cfc3

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    Montana grandmother pleads not guilty in boy’s beating death

    AP

    BOZEMAN, Mont. (AP) — A Montana woman pleaded not guilty to charges she beat and tortured her 12-year-old grandson to death at their home.

    Patricia Batts, 48, is charged with deliberate homicide, aggravated kidnapping, criminal child endangerment, and strangulation of partner or family member in the death of Alex Hurley, The Bozeman Daily Chronicle reports.

    The West Yellowstone resident has been held on $750,000 bail at the Gallatin County jail since February.

    Gallatin County Sheriff’s deputies investigating the boy’s death found several videos on phones showing members of the family torturing the boy, court records said.

    Batts’ husband, 47-year-old James Sasser Jr., and 14-year-old son are each charged with felony deliberate homicide. Sasser Jr. also faces a charge of felony criminal child endangerment.

    Batts’ daughter, 18-year-old Madison Sasser, is charged with negligent homicide.

    Gage Roush, 18, pleaded not guilty to felony assault on a minor. Prosecutors say Roush was seen in videos hitting Alex with a wooden paddle.

    Batts told detectives they recorded Alex because he needed mental help.

    Batts claimed she did not know how the boy died and told detectives she did not feel responsible for his death, court documents said.

    https://apnews.com/e624f917219760e9525037191d380565

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    Death penalty sought for West Yellowstone grandmother

    By Deion Broxton
    NBC Montana

    WEST YELLOWSTONE, Mont. — Gallatin County prosecutors filed paperwork seeking the death penalty for the grandmother of a murdered West Yellowstone boy.

    NBC Montana confirmed Friday the Gallatin County Attorneys Office submitted the request to seek the death penalty for Patricia Batts.

    Batts is accused of playing a part in the murder of her grandson, Alex Hurley, who was 12 at the time of his death in early February.

    Court document say Batts tortured Hurley. Torture is grounds to seek the death penalty, according to Montana law.

    James Sasser Jr., Hurley's grandfather, and James Sasser III, Hurley's 14-year-old uncle, are also charged in his death.

    Sasser Jr. isn't accused of having a large role in the torture, according to court records.

    Sasser III's status as an adult or juvenile is still under consideration by a Gallatin County judge.

    Even if Sasser III is convicted, he can't be sentenced to death because he's a minor.

    Hurley's aunt, Madison Sasser, 18, was arrested in March in Texas, and charged with negligent homicide.

    Batts is charged with deliberate homicide, kidnapping, child endangerment and strangulation.

    Her bail remains at $750,000.

    https://nbcmontana.com/news/local/de...ne-grandmother

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    Aunt, man tied to murder of West Yellowstone boy post bail

    The aunt of a West Yellowstone boy and another man arrested in connection with his murder posted bail over the weekend.

    The Gallatin County Detention Center confirmed with NBC Montana that 18-year-old Madison Sasser and 18-year-old Gage Roush posted bail.

    Both were arrested in connection with the death of 12-year-old James Alex Hurley.

    Authorities arrested Roush in February, and charged him with felony assault on a minor. A judge set his bond at $50,000.

    Officials later arrested Sasser in March, charging her with negligent homicide. A judge set her bond at $150,000.

    Sasser's mother, father and 14-year-old brother face deliberate homicide charges in the Feb. 3 death of Hurley. Those 3 family members remain behind bars.

    Prosecutors are seeking the death penalty for Patricia Batts, the grandmother of Hurley.

    (source: NBC Montana)
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    Attorneys plan to challenge death penalty in West Yellowstone murder case

    Bozewman Daily Chronicle

    Attorneys for a West Yellowstone woman facing the death penalty on charges related to the death of her grandson plan to challenge the constitutionality of capital punishment in coming months.

    Patricia Batts appeared with defense attorneys Craig Shannon and Greg Jackson before Gallatin County District Court Judge John Brown on Friday for a status conference regarding legal proceedings leading up to a trial scheduled to begin in 2022.

    Batts is charged with deliberate homicide, aggravated kidnapping, criminal child endangerment and strangulation of partner or family member, all felonies, related to the death of her 12-year-old grandson, James Alex Hurley.

    Defense attorneys plan to file motions by the end of October challenging the constitutionality of the death penalty in the case, although lawyers did not go into detail on Friday about their arguments.

    Montana is 1 of 24 states that allow capital punishment — 23 states have abolished the death penalty and 3 others have a governor imposed moratorium on death as punishment, according to the Death Penalty Information Center. The last execution in Montana happened in 2006 and two people are now on death row in the state, according to DPIC.

    Defense attorneys also shared with prosecutor Bjorn Boyer copies of four motions challenging law enforcement searches related to their client.

    Law enforcement say investigators found videos on a cell phone belonging to Patricia Batts and her teenage son, James Sasser III, of the family torturing Hurley.

    The lawyers also discussed Batts’ contact with Sasser III, which isn’t allowed in the criminal case related to Hurley’s death but is allowed in a separate, noncriminal matter related to her fitness as a parent.

    Batts’ contact with Sasser III in the noncriminal matter has been in a courtroom, virtual and is allowed “in the sprit of reunifying the family,” Jackson told Brown at Friday’s status conference.

    Boyer argued that Batts not be allowed to speak with her son — who has pleaded guilty to felony deliberate homicide in connection to Hurley’s death and is in the custody of the Montana Department of Corrections — or any other witness, as ordered by the court in the criminal case against her.

    “Any contact would be a violation,” Boyer said to Brown. “The order is clear there is no contact (allowed).”

    Brown suggested defense attorneys seek bail modification to allow Batts to contact Sasser III, which would then offer prosecutors an opportunity to respond in writing.

    Attorneys also agreed to move the start date for Batts trial from May 31, 2022, to June 1, 2022. Defense attorneys plan to file 14 other motions, including challenges to the constitutionality of capital punishment in the case, before the trail is scheduled to start.

    Brown cautioned defense attorneys that the trial start date may not be moved to accommodate more time to file motions.

    “Never say never, but we’re going to trial June 1,” Brown said.

    Prosecutors allege Batts beat and punished her grandson and taught her children to do the same. Hurley was found dead in February 2020.

    James Sasser Jr., Batts husband, is also charged with deliberate homicide related to Hurley’s death.

    https://www.bozemandailychronicle.co...ca2a4fbdc.html

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    Guilty plea in the murder of 12-year old West Yellowstone boy

    By Cody Boyer
    KRTV News

    BOZEMAN — Last week, the case of 12-year-old James Alexander Hurley, who was found dead in his grandparents’ home in early 2020, returned to court in the form of another guilty plea.

    Now, only one of five people arrested connected to the West Yellowstone boy’s death - his grandmother - remains to be adjudicated.

    Last week, James Sasser Jr., the boy’s grandfather, pleaded guilty to the charge of deliberate homicide by association and two others: tampering with a witness and criminal endangerment, with prosecutors recommending a combined 120 years in prison at his November sentencing.

    All that remains to be adjudicated now: Patricia Batts.

    The weeks following February 3, 2020, were spent by many at the Gallatin County Law & Justice Center, as the pile of court documents has only grown, all with graphic details regarding the death of James.

    Grandfather James Sasser Jr., 14-year-old uncle James Sasser III, 18-year-old aunt Madison Sasser and Sasser III’s friend, Gage Roush, have either been sentenced or, in Sasser Junior’s case, are awaiting sentencing.

    Patricia Batts, Hurley’s grandmother, remains, facing counts of deliberate homicide and more.

    Batts faces the possibility of the death penalty, which, if carried out, would be the fourth in the state of Montana since the Gregg vs. Georgia decision in 1976.

    Looking back at what former Gallatin County Sheriff Brian Gootkin called one of the most disturbing cases of his career, court documents show that detectives found Hurley on the floor of the home, with signs that someone used vinegar to clean up large amounts of blood nearby.

    Then, detectives say they found videos involving Batts, Sasser III, Sasser Jr., and in fewer instances Gage Roush during Hurley’s two-year stay with them.

    Investigators say video recordings show Hurley’s family beating him with makeshift objects, locking food away from him, and strangling him.

    As of now, Batts’ trial is set for May 2022.

    With Sasser Junior’s guilty plea being the most recent development in the case, prosecutors say his sentencing is the next step. It is scheduled for 9 a.m. on Tuesday, November 9.

    As for Batts, prosecutors note that Montana is one of 24 states that allow the death penalty - with the last execution in the state dating back to 2006.

    https://www.krtv.com/news/crime-and-...ellowstone-boy
    "I realize this may sound harsh, but as a father and former lawman, I really don't care if it's by lethal injection, by the electric chair, firing squad, hanging, the guillotine or being fed to the lions."
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    - Rev. Richard Hawke

    “There are lots of extremely smug and self-satisfied people in what would be deemed lower down in society, who also deserve to be pulled up. In a proper free society, you should be allowed to make jokes about absolutely anything.”
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    Fight over death penalty brewing in West Yellowstone murder case

    James Alex Hurley went to live with his grandparents, the Sasser family, after his father’s death in 2018. 2 years later, 5 people — 4 of them members of the family — were accused of crimes related to the 12-year-old boy’s death.

    In February 2020, law enforcement and emergency medical services responded to a report of a child not breathing in a home on Buffalo Drive near Hebgen Lake.

    Patricia Batts, Hurley’s paternal grandmother, called 911. Less than two weeks after making that 911 call, Batts was charged with four felonies, including deliberate homicide, in the death of the child.

    “My grandson’s not breathing at all. I woke up and he’s not breathing … he is dead,” Batts said in the recording of the 911 call from that morning, which was played in court at a November motions hearing.

    The dispatcher asked if Batts knew how to and had been performing CPR on Hurley — she said yes to both. The dispatcher then called Air Idaho, a helicopter ambulance, to respond to the scene and told Batts they were doing so.

    “Air Idaho won’t do nothing,” Batts told the dispatcher. “He is dead. I’m telling you.”

    Emergency medical responders attempted to revive Hurley, but failed. He was pronounced dead in the home.

    Law enforcement, which had also responded to the scene, saw something suspicious about the way the boy had died. He had bruises and wounds all over his body, court documents say, and a gash on the back of his head when he was found unresponsive on the floor of the living room. A doctor performed an autopsy on Hurley — who usually went by Alex, not James — and determined in a preliminary report that he died from blunt force trauma to the back of the head.

    Prosecutors filed charges against 5 people — 4 family members and 1 other person — for being involved in the 12-year-old’s death.

    Since then, 4 of those 5 people have pleaded guilty to beating or abusing Hurley or being directly involved in his murder.

    Batts has not. She is the only person accused in Hurley’s death who appears headed for trial. In addition to deliberate homicide, the charges against Batts are aggravated kidnapping, criminal child endangerment and strangulation of a partner or family member.

    Prosecutors Bjorn Boyer and Marty Lambert say that Batts is the one who taught her children to beat Hurley, including hitting him with a paddle and letting Sasser III physically discipline him when she wasn’t around, and that she’s legally responsible for his murder. They’re asking District Court Judge John Brown to sentence her to death.

    Craig Kevin Shannon and Gregory Jackson, defense attorneys for Batts, are arguing against the death penalty. They say she did not intend for Hurley to die and that she didn’t personally commit the strike that killed him. Because of that, they say, she’s ineligible for the death penalty — she’s a “non-triggerman.”

    It will be up to Brown to decide if the death penalty can be considered in next summer’s 20-day trial of Batts, scheduled to begin May 31.
    The death penalty

    Since 1976, only three people have been executed in Montana, according to the Death Penalty Information Center. Two people are on death row.

    The most recent person put to death in Montana was David Dawson in 2006. Dawson was convicted on several counts of murder, aggravated kidnapping and robbery for kidnapping a 4-person family at a Billings hotel and killing three of them. He was sentenced to death in 1987 and executed by lethal injection in 2006.

    Shannon and Jackson have filed a slew of motions related to warrants and searches that Brown will need to rule on, and both sides have filed a handful of procedural motions.

    But on Oct. 28, 2021, Shannon and Jackson filed several more complicated motions about the death penalty. Those motions are asking the court to find that Batts is not eligible for the death penalty, hoping to avoid seeing her face the same fate Dawson did in 2006. They argue that prosecutors didn’t get the correct permission from the court to ask for capital punishment and that it’s not clear if Batts is eligible to be sentenced to death under state and federal law.

    The defense team has also filed several motions calling into question the constitutionality of sections of Montana’s death sentence statute and a 453-page motion called “Death is Different.” The Gallatin County District Court Clerk’s office was unable to send the
    “Death is Different” motion to the Chronicle because of its size, and couldn’t print it at the office.

    In one brief in support of a motion, Jackson and Shannon argue that the way Montana hands down capital punishment — having a judge decide, instead of a jury, if someone will be sentenced to death — in illegal under both the state and federal constitutions.

    In Montana, a death sentence is decided by a judge, but for that to be on the table at all, a jury still needs to find the facts of a crime and aggravating circumstances.

    In another, the defense team argues that the Montana death penalty statute allows someone who did not commit a crime proportionate to death to be sentenced to death. In other words, they say that death would be a disproportionate punishment for Batts.

    Yet another motion says that Montana’s capital sentencing scheme doesn’t provide a “rational and meaningful basis” to determine which defendants can be put to death.

    Responses to the motions from prosecutors are due on Jan. 28. Boyer and Lambert said that they believe the motions lack merit and will file responses by the above deadline, but declined to comment further on the motions or their potential responses.

    Shannon said he and Jackson believe the motions have precedent in the U.S. Supreme Court, but declined to comment further on the motions.
    The merit

    The defense team’s motions bring some complicated arguments, said Jordan Gross, who teaches criminal law and sentencing at the University of Montana’s Alexander Blewett III School of Law.

    The state doesn’t use its capital punishment statute regularly, so it doesn’t have the need to review it often.

    “We make such infrequent use of the death penalty in Montana. We don’t litigate these often, unlike states that have a lot of death penalty cases — I’m thinking Florida, Georgia, Texas,” said Gross.

    Gross said there are three ways a person can be held legally responsible for the death of another. The first is to kill someone — be the “triggerman.” The second is to facilitate a murder, to pay or incentivize someone to kill. The third, and the most pertinent to the defense’s motions as Gross understood them, is the felony murder rule.

    “The felony murder rule says that if in the course of participating or engaging in a particularly dangerous felony, a death results, then you are responsible for the death,” Gross said. Some consider the felony murder rule controversial, she said, though it still exists.

    The defense isn’t arguing that Batts can’t be punished for a crime if she pleads guilty or is found guilty by a jury — the question, as Gross interpreted it, is whether she can be put to death for it.

    Capital trials are complicated. Defendants facing the death penalty get an enhanced right to counsel — both Shannon and Jackson had to prove to the court that they were competent lawyers able to defend against the death penalty. Prosecutors have an increased need to show aggravating factors, or that the crime was particularly severe.

    “It’s not enough to engage in a crime that results in the death of a human being” to be sentenced to death, Gross said. “Basically, it’s homicide plus something that makes it particularly egregious and proportionate to put a person to death.”

    At the enhanced sentencing hearing that’s part of a capital trial if a defendant is convicted, the defense gets an opportunity to show mitigating factors in a bid to avoid a death sentence. The defense can try to show, for example, that the defendant has an ability to reform, or they didn’t have the mental capacity to understand they were committing a crime that would kill another person.

    Shannon and Jackson filed a notice of affirmative defense on Oct. 28 that indicates they may argue that Batts, at the time of the crime, had a mental disease or disorder that makes her unable to be put to death for the crimes if convicted.

    Another key point the defense brought up in a motion, Gross said, is that the death penalty is well known to attorneys to be a strong negotiating tool in plea negotiations. The difference between a death sentence and life in prison can make all the difference in some cases.

    “It’s not unknown among defense attorneys and prosecutors that (the death penalty) can be a powerful motivator to plead guilty because if you can take that off the table, it’s just whole different stakes,” she said. “It changes all the dynamics around the case, whether the death penalty is on the table or not.”

    (source: Bozeman Daily Chronicle)
    "I realize this may sound harsh, but as a father and former lawman, I really don't care if it's by lethal injection, by the electric chair, firing squad, hanging, the guillotine or being fed to the lions."
    - Oklahoma Rep. Mike Christian

    "There are some people who just do not deserve to live,"
    - Rev. Richard Hawke

    “There are lots of extremely smug and self-satisfied people in what would be deemed lower down in society, who also deserve to be pulled up. In a proper free society, you should be allowed to make jokes about absolutely anything.”
    - Rowan Atkinson

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    Man sentenced to 100 years in grandson's beating death


    Associated Press

    BOZEMAN, Mont. (AP) — A Montana man was sentenced Friday to 100 years in prison for his role in the beating death of his 12-year-old grandson in February 2020.

    James Sasser Jr., of West Yellowstone, had earlier pleaded guilty to deliberate homicide, child endangerment and tampering with a witness.

    “I should have been a protector. I wasn’t. I failed,” Sasser said during the sentencing hearing. “I failed my kids, all of them. Their lives are destroyed, (Alex’s mother’s) life is destroyed … I deserve whatever you do.”

    Prosecutors have depicted Patricia Batts — Sasser's wife and Alex's grandmother — as the leader of the abuse, but Deputy Gallatin County Attorney Bjorn Boyer said that does not absolve Sasser of responsibility.

    Boyer played nine video and audio recordings the family made of their physical and verbal abuse of the boy. An investigation found the boy was denied food.

    Defense attorney Colin M. Stephens of Missoula said Sasser wanted to leave his marriage, but that Batts threatened he would never see his children again. Stephens said Batts lied to Sasser, saying Alex was being violent to the family.

    Alex had been living with his grandparents for about two years and had been taken out of school about five months before he died, investigators said. An autopsy found he died of blunt force trauma to his head.

    Investigators found evidence indicating Hurley’s grandparents and his then-14-year-old uncle regularly abused him, including beating him with a wooden paddle and locking up food.

    The 14-year-old acknowledged kicking Hurley in the head multiple times in the 24 to 36 hours before his death, court records said. He pleaded true in Youth Court to deliberate homicide. The teen was sentenced to a juvenile detention facility until he turns 18.

    He will be on probation until he's 25.

    Batts has pleaded not guilty to deliberate homicide, aggravated kidnapping, criminal child endangerment and strangulation of a partner or family member. Her trial is scheduled to start in May.

    https://www.msn.com/en-us/news/crime...ath/ar-AAUCRkA
    "I realize this may sound harsh, but as a father and former lawman, I really don't care if it's by lethal injection, by the electric chair, firing squad, hanging, the guillotine or being fed to the lions."
    - Oklahoma Rep. Mike Christian

    "There are some people who just do not deserve to live,"
    - Rev. Richard Hawke

    “There are lots of extremely smug and self-satisfied people in what would be deemed lower down in society, who also deserve to be pulled up. In a proper free society, you should be allowed to make jokes about absolutely anything.”
    - Rowan Atkinson

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