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Thread: Joseph Christopher Garcia - Texas Execution - December 4, 2018

  1. #21
    Senior Member CnCP Legend FFM's Avatar
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    They need to change the law back to the way it was so this doesn't happen because of a simple clerical error. There was a big dust-up about the former procedure not informing Scott Panetti's attorneys until a few weeks before his execution, and as a result they changed the law because of that. If you ask me, it was better before the change - you didn't have to worry about a small error only to have the execution stayed in the end.

  2. #22
    Senior Member Frequent Poster Ted's Avatar
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    According to DPIC, it’s been rescheduled to December 4, as was requested.

    https://deathpenaltyinfo.org/upcoming-executions
    Last edited by Ted; 07-11-2018 at 03:40 PM.
    Violence and death seem to be the only answers that some people understand.

  3. #23
    Administrator Helen's Avatar
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    Execution date pushed back for Texas 7 escapee after paperwork error on death warrant

    Joseph Garcia is scheduled for execution in August

    Citing a court's clerical mistake, prosecutors this week asked for a new execution date for Texas 7 escapee Joseph Garcia.

    The condemned Dallas County killer was scheduled to die on Aug. 30, but on Wednesday the court approved a new Dec. 4 date after the clerk failed to issue a death warrant in time.

    "This statutory violation could result in a last-minute stay of execution," prosecutors wrote in a Tuesday court filing.

    State law requires that the court issue a death warrant within 10 days of greenlighting the execution date. But in Garcia's case, a Dallas County judge set the date on May 24, and the warrant wasn't issued until June 6 - 3 days late.

    Last February, a similar issue forced the state to grant a stay in the case of Tilon Carter, a Tarrant County death row prisoner. In that case, defense lawyers were notified a day late, and the Texas Court of Criminal Appeals ended up calling off the execution four days before he was set to die.

    Paperwork errors last year also forced the cancellation of execution dates for Larry Swearingen and Juan Castillo. In both cases, defense wasn't properly given the requisite 90-day notice.

    At the time of the notorious escape, Garcia was already in prison for a crime out of Bexar County, where he stabbed a man at least a dozen times.

    In December 2000, he was serving time at the Connally Unit when he teamed up with 6 fellow prisoners to plot the biggest break-out in Texas prison history.

    The men busted into the prison armory, stole weapons and stormed out of the unit in a prison truck. After orchestrating two robberies in Houston, they headed up to the Dallas area.

    There, on Christmas Eve, the men held up a store in Irving and made off with $70,000 and 44 guns. But on the way out, they ran into a cop.

    The escapees surrounded Officer Aubrey Hawkins' patrol vehicle and shot him 11 times before running over his body with an SUV on the way out, according to court records.

    They were captured in Colorado a month later. Though 1 of the men killed himself rather than surrender, the other 6 were captured and sent to death row. 3 have since been executed.

    (source: San Antonio Expres-News)
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  4. #24
    Senior Member CnCP Legend CharlesMartel's Avatar
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    ‘Texas 7’ escapee fights death sentence as Dec. 4 execution nears

    By Keri Blakinger
    The Houston Chronicle

    Joseph Garcia met George Rivas back in the summer of 1999, eight months before they started plotting their escape.

    They were doing time together on the Connally Unit, counting out their days in the heat of a Texas prison.

    Garcia was locked up on a murder charge, a crime he’s long maintained was self-defense. Rivas, on the other hand, was a convicted kidnapper, violent and full of charisma.

    They both had decades of time in front of them. But Rivas had better plans.

    Around lunchtime on Dec. 13, 2000, they broke out of the maximum security prison south of San Antonio, bringing along five confederates as they made good on an intricate plot culled straight from the pages of a novel.

    They took hostages, burst into the prison armory, stole weapons and stormed out in a prison truck, making for the biggest escape in Texas prison history. After pulling off two robberies in the Houston area, they headed to the Dallas suburbs, hoping to get as far as they could from the bloodhounds and helicopters hunting them down.

    There, on Christmas Eve, the men held up a sporting goods store and made off with bags of cash and dozens of guns. On the way out, they ran into a cop.

    In a chaotic scene, five of the men started firing, some at each other and some at the lawman. When it was over, Officer Aubrey Hawkins lay dead in the Oshman’s parking lot, shot 11 times and dragged 10 feet by an SUV as the panicked prisoners fled.

    After a six-figure reward and a spot on “America’s Most Wanted,” the wanted men were finally captured in Colorado more than a month later, living in a trailer park and posing as Christian pilgrims. One killed himself rather than be captured, and the other six were sent to death row.

    “It wasn’t supposed to happen,” Garcia told the Houston Chronicle in a recent death row interview. “I wish I could take everything back.”

    Three have been executed and now a fourth — Garcia — is scheduled to die Dec. 4. It’s a case that’s galvanized outcry from activists, since it’s not clear that he ever shot anyone. Though he’s consistently admitted to his role in the break-out and robberies, he’s long maintained that he never fired his gun and never intended to kill the officer. Even so, he was sentenced to death under the controversial law of parties, a Texas statute that holds everyone involved in a crime responsible for its outcome.

    It’s the thing that put him on death row, but now it’s also a key part of the desperate inmate’s last-ditch efforts at appeal and pleas for clemency.

    Whatever the law, it all feels too long for the slain officer’s friends and family.

    “We’re coming up on 18 years since the incident,” said Sgt. Karl Bailey, a Seagoville policeman and longtime family friend. “It’s a long time not to get closure — and it wears on you.”

    The law of parties has long been baked into the Texas criminal code. It’s a statute that’s broader — and used more frequently in death penalty cases — than in many other states, according to Robert Dunham of the Death Penalty Information Center.

    The requirements are simple: The state must show only that an accomplice to one felony may have “anticipated” another felony could occur. So, if a three-man robbery crew hits a convenience store and one person kills the clerk, all three of them are guilty of capital murder — even if the other two never fired a shot. And, if there’s a getaway driver waiting outside, he can be responsible as well, even if he never got out of the car.

    In some cases, the actual shooter might manage to net a life sentence and be eligible for parole, while non-shooter accomplices face the death chamber.

    In some states it’s known as vicarious liability. Nationally, it’s not clear how many people are on death rows across the country under such laws, but the Death Penalty Information Center counts only 10 clear cases of non-shooter accomplices who’ve been executed, including five from Texas.

    “There’s this borderline area between common and uncommon and I don’t think it’s either of the two,” Dunham said. “But it’s applied much more frequently in Texas than in similar circumstances in other states.”

    Rivas and Garcia became friends because of a prison gang war. It was a feud between the Mexican Mafia and La Raza Unida that sparked a unit-wide lockdown, Garcia told the Chronicle, and the men met up in the dayroom where they bonded over a “poor man’s spread” of prisoner-made food.

    The lockdown ended and they went their separate ways, but a few months later, Garcia spotted Rivas standing by his cubicle talking to another man, Larry Harper.

    Garcia was already frustrated, only four years in and not sure he could really do all the time stretched out in front of him. He still felt like he wasn’t supposed to be there. And now, he wanted to steal back the life he thought the state had stolen from him.

    “Something told me it was time,” he told the Chronicle. “So I walked up and said, ‘Whatever you’re talking about, count me in.’” Then, he turned and walked away.

    The next morning, Rivas woke him up, wanting to know if he was serious. He was.

    So they hatched a plan, inspired by a book Rivas had read. It was slow going, but one thing they knew from the start: they didn’t want to go over or under the fence. That would mean getting shot at. Instead, they wanted to drive out through the gate, like free men.

    First, they had to pick a crew. Harper and a man named Randy Halprin were already on board.

    Then, according to Garcia, they learned Donald Newbury was planning an escape of his own, so they invited him along. And they found Michael Rodriguez, whose father was willing to supply a getaway car. Finally, there was Patrick Murphy, a wood shop worker who could help build a false bed for the prison truck they planned to steal.

    “For each and every one of us, we all brought something to the table,” Garcia wrote the Chronicle in a letter. “Some more than others.”

    It would have to start, they decided, with figuring out a way to take control of the maintenance shop. Rivas already worked there as a clerk. He was a smooth talker, so he schmoozed the guards into getting his friends assigned there, too. It wasn’t a hard sell; supplies went missing all the time, and his friends, he promised, would make sure that didn’t happen.

    They did, but putting a stop to the booming thieving business was not a popular move among inmates.

    “I was surprised we didn’t get jumped,” Garcia said.

    At the same time, they started false rumors among the staff, got intel on officer training, stocked up supplies and memorized security routines.

    The night before, Garcia said, they shared a meal and prayed. On Dec. 13, they stayed behind at lunch to wax the floor, then overpowered staff, officers and inmates as they returned to maintenance, according to testimony at the men’s trials.

    Two of the gang dressed up as prison workers to sneak into the armory and take control of the guard tower.

    Others took the keys to a maintenance truck and loaded it with provisions and guns before they all fled, with some of the escape artists stowed away under the false bed in the pick-up.

    They were free, but they didn’t have a long-term plan. Garcia had envisioned a quiet life; maybe they’d fade into the woodwork and get jobs. He knew, on some level, that was never possible.

    Surely, the long arm of the law would come grasping at seven high-profile escapees.

    The law of parties has been a perennial source of controversy, sparking editorials, rallies and bills to end it every legislative session.

    One of the regular bill-filers is state Rep. Harold Dutton, D-Houston. Since 2003, he said, he’s consistently proposed legislation to end vicarious liability.

    “We shouldn’t use the law of parties to convict anybody of capital murder,” he said. “I think we ought to reserve that for the person who actually did the murder.”

    Some states have already stepped back from the law of parties. Earlier this year California narrowed its felony murder law, revising the statute to require “major” participation in the crime or at least the intent to kill. So, simply intending to rob a store wouldn’t be enough to net a murder conviction anymore, even if the store clerk gets killed in the process.

    But to Toby Shook, the former Dallas County prosecutor who handled all six of the trials, the Texas 7 case is a perfect example of why the statue is necessary.

    “This case clearly demonstrates why they need the law of parties,” he said. “This is a group of very violent men who broke out of prison and planned out elaborate robberies. They acted as a group and they murdered a police officer in a group and they acted as a team.”

    Once they got beyond the razor wire, the fleeing prisoners soon realized their supplies weren’t enough.

    “It’s not like in the books,” Garcia said. “You don’t know people underground selling IDs and birth certificates.”

    After pulling off two robberies — one at a Radio Shack and one at a Western Auto — the crew decided to head north. They needed to pick up some cold-weather gear, and maybe some more guns, so they scoped out a sporting goods store in the Dallas suburb of Irving.

    But first, they got a copy of the newspaper and cut out the picture of a Scholastic Award winner, then glued his image to a WANTED poster.

    Dressed as ADT security guards and toting their cobbled-together poster as a prop, Rivas and Harper went in just before closing time to ask if anyone had seen the supposed smash-and-grab suspect or if he’d been caught on security cameras.

    It was all a plot to get into the surveillance room and figure out how much of the store was on camera. Once they did that, Rivas calmly announced it was a robbery.

    The escapees scattered in different directions, each tending to their assigned tasks.

    Garcia was supposed to go to the clothes and shoes, but there were more customers — more hostages — than they’d expected. So instead, he went to help Newbury tie people up in the breakroom.

    They’d only halfway finished when Garcia heard Rivas across the radio. It was time to go.

    As Garcia remembers it, he was still inside the store when he heard the first shots.

    Halprin recalled it differently, testifying that they were all outside when the patrol car pulled up and blocked them in by the loading dock. Rivas thought they were all already in the getaway car.

    In a stand-off with the young officer, five revolvers fired shots. Rivas admitted in court that he shot Hawkins repeatedly. And everyone agrees Rodriguez fired a shot and Murphy was out front as the lookout guy. The rest was chaos and crossfire.

    Afterward, they fled and ended up back at an EconoLodge where they’d been staying, trying to parse what had happened and who shot whom.

    “I think I killed him,” Rivas said, according to trial records. Everyone fell silent.

    The next day they left for Colorado.

    Since he was sent to death row, Garcia has renewed his relationship with God, written a book and waged almost two decades of appeals.

    He’s raised a slew of claims about bad lawyering during trial and earlier in the appeals process, but the courts have denied them all.

    Last month, he put in a long-shot plea for clemency to the Board of Pardons and Paroles, laying out his violent childhood with a drug-addicted mother who died of AIDS, his stint in the Coast Guard and evidence that he was not one of the shooters.

    At the same time, in a Bexar County petition now in front of the Texas Court of Criminal Appeals, Garcia’s attorneys — Mridula Raman and a team of public defenders — argue that the initial stabbing that landed Garcia in prison was actually self-defense, and his lawyer at the time just failed to show it. If true, that could pose problems for the capital case where prosecutors pointed to the earlier murder as evidence of future dangerousness — a requirement for a death sentence.

    “There are significant legal issues before the courts that have not been presented until now because of procedural technicalities and bad lawyering,” Raman said. “It is important for a court to step in now and give Joseph’s case the consideration it deserves.”

    And, in a separate appeal of his death sentence in Dallas County, lawyers raised concerns about the use of the Bexar County conviction, ineffective lawyers, an allegedly racist trial judge, and the constitutionality of executing someone the state never proved was a shooter, ever intended to kill anyone, or was even outside at the time of the slaying.

    “They were all tried under the law of parties,” Shook said, “so it really doesn’t matter if he was out there or not but I firmly believe he was.”

    Garcia maintains otherwise.

    “I am on death row because of the actions and intent of others and because I am one of the Texas Seven, case closed,” he wrote in a letter. “Is it right that I should be murdered for something that I did not do?”

    If his appeals fail, he’ll be the 12th Texas prisoner executed this year. One more is scheduled for the week after.

    https://www.houstonchronicle.com/new...e-13413007.php
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  5. #25
    Senior Member Frequent Poster NanduDas's Avatar
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    I doubt anything will come of this, but it’s still worth keeping an eye on.

    'Texas 7' death row inmate asks for reprieve after media reports on state's execution supplies

    By Keri Blakinger
    The Houston Chronicle

    With less than a week before his scheduled execution, attorneys for a "Texas 7" escapee on death row are begging the governor for a reprieve in light of media reporting regarding the source of the state's execution drugs.

    Joseph Garcia is slated to die on Tuesday, close to two decades after busting out of a maximum-security prison with six confederates who went on to pull off a cross-state crime spree that left dead a suburban Dallas police officer.

    The condemned prisoner already has at least two appeals pending as well as a request for clemency, but the BuzzFeed News report published late Wednesday offered new fuel for his efforts to avoid execution.

    Citing unidentified documents, the report names the Houston compounding pharmacy believed to be one of two that mixes up the batches of pentobarbital used in the Huntsville death chamber.

    But aside from identifying Greenpark Compounding Pharmacy as the alleged source of the drugs, the news report also lays out a slew of documented safety violations that landed the Braeswood business on probationary status two years ago.

    It's those problems that Garcia's legal team raised in their Wednesday letter asking Gov. Greg Abbott for a 30-day reprieve to investigate the claims about the drug supply. The state has previously confirmed that it uses a compounded form of the powerful barbiturate, which could indicate that Texas is turning to a compounding pharmacy to mix up the drugs - as opposed to getting them directly from a drug manufacturer.

    "The fact that Texas may be relying on a compounding pharmacy for pentobarbital, which is a sterile injectable, subjects our client, Joseph Garcia, to the unreasonable risk of a cruel execution," the defense lawyers Mridula Raman and Jessica Salyers wrote in the letter to the governor.

    "His concerns are not mere speculation; the pharmacy from which Texas may have obtained its supplies of sterile-injectable pentobarbital has been repeatedly cited by the FDA and the Texas State Board of Pharmacy for safety violations in its compounding practices."

    In 2016, according to state records, the Texas State Board of Pharmacy found that the company had mixed up the wrong drug for three kids. In a warning letter two years later, the FDA dinged the Houston business for "insanitary conditions" that could have contaminated drugs.

    "Given the gravity of the allegations that counsel has recently learned about Texas's questionable practices regarding the procurement of pentobarbital and the danger of a constitutional violation during Mr. Garcia's execution," his lawyers wrote, "it is imperative that counsel have the opportunity to investigate the allegations against TDCJ and challenge as appropriate Texas's lethal injection protocol."

    The Texas Department of Criminal Justice and the governor's office both did not respond to the Chronicle's requests for comment. Greenpark said they'd performed testing for the prison system, but denied the claim that they compound lethal injection drugs for the state, according to BuzzFeed.

    When a Chronicle reporter stopped by the Houston store on Thursday, employees did not offer comment but said they would notify the owner.

    At the time of the notorious escape that eventually landed Garcia on death row, he was already in prison for a crime out of Bexar County, where he stabbed a man at least a dozen times. Since then, he's repeatedly framed the slaying as self-defense and not murder.

    In December 2000, he was serving time at the Connally Unit when he teamed up with six fellow prisoners to plot the biggest break-out in Texas prison history.

    In a carefully orchestrated plot months in the making, the seven inmates took hostages, busted into the prison armory, stole weapons and stormed out of the unit in a prison truck. After pulling off two robberies in the Houston area, they headed north - away from the helicopters and police hoping to find them.

    There, on Christmas Eve, the men held up a sporting goods store in Irving and made off with $70,000 and 44 guns. As they were leaving, they ran into a cop.

    The escapees surrounded Officer Aubrey Hawkins' patrol vehicle and shot him 11 times - but Garcia has long maintained that he was still inside the building when the gunfire started.

    Because the state didn't prove that he was one of the shooters, he was convicted under the controversial "law of parties," a statute that can hold non-shooters responsible for slayings they could have anticipated.

    Afterward, the crew fled and were captured a month later in Colorado, living in a trailer park and posing as Christian missionaries. Though one of the men killed himself rather than surrender, the other six were captured and sent to death row. Three have since been executed.

    In addition to his latest request for reprieve, Garcia has two pending appeal - one out of Bexar County and the other from Dallas - in addition to a long-shot request for clemency that's currently in front of the Texas Board of Pardons and Paroles.

    If those efforts all fail, Garcia will become the 12th Texas prisoner put to death this year.

    https://www.chron.com/news/houston-t...e-13431094.php

  6. #26
    Administrator Aaron's Avatar
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    This will likely fail. The key words are "alleged" and "unidentified documents." John Battaglia tried something similar and was executed. Speculation is not certworthy or grounds for a stay. The Fifth Circuit has rejected similar claims in the past, and this report cannot be proven true. An unprovable claim is not grounds for a stay. And the alleged "burning" is not unconstitutional. Nobody is entitled to a pain-free execution. This will likely be proceeding.
    Don't ask questions, just consume product and then get excited for next products.

    "They will hurt you. They will hurt your grandma, these people. The root cause of this is there's no discipline in the homes, they don't go to school, you know, they live off the government, no personal accountability, and they just beat people up for no reason, and it's disgusting." - Former Hamilton County Prosecutor Joe Deters

  7. #27
    Senior Member CnCP Legend Mastro Titta's Avatar
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    If Greg Abbott agrees to reprieve Garcia and Braziel for such a laughable reason, will forever lose my respect.

  8. #28
    Administrator Aaron's Avatar
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    Death row inmate sues Texas parole board for having too many ex-law enforcement members

    A 'Texas 7' escapee scheduled for execution filed a lawsuit this week alleging that there are too many men and too many former law enforcement officials on the Texas Board of Pardons and Paroles.

    Joseph Garcia, who is slated to die Tuesday, currently has a plea for clemency in front of the seven-member board, asking them to recommend a commutation nearly two decades after he was sentenced to die for a prison break-out and crime spree that left a police officer dead.

    The board would normally be expected to issue a recommendation Friday - two business days before the planned execution. But mid-day Thursday, Garcia's attorneys filed a federal lawsuit seeking to prevent the board from making a decision until a more representative set of members can be appointed. Currently, the suit notes, the board is "stacked with individuals whose background places them firmly on the side of the State and law enforcement."

    A spokesman for the Texas Board of Pardons and Paroles did not respond to a request for comment.

    By law, the there's a limit on the number of former prison employees who can be on the parole board, though it hasn't always been that way. When the legislature first began regulating the board's membership in 1997, the only requirements were that members had to be representative of the "general public" and that they had to have lived in Texas for two years.

    In the late 1990s, a number of inmates sued the parole board, including notorious Houston ax killer Karla Faye Tucker, who alleged that the whole clemency process was so "inadequate" as to violate her due process rights. She lost, but in another lawsuit that same year a federal court found that "a flip of the coin would be more merciful than [the Board's] votes."

    On the heels of public criticism and media scrutiny, the legislature added a new requirement in 2003, limiting the number of former Texas Department of Criminal Justice employees who could be on the board at any time to three.

    Even though the current board includes only two former TDCJ employees, attorneys allege, all but one of the seven voting members has a law enforcement background, including past jobs as police officers and county sheriffs.

    "Eighty-five percent of the Board members, then, are either former employees of TDCJ, law-enforcement officers, or both," Garcia's lawyers wrote. "The failure of this Board to be 'representative of the general public' is highlighted by the fact that approximately 0.4% of the Texas population are law-enforcement officers and 0.15% are TDCJ employees."

    The seventh board member is a former adviser to Gov. Greg Abbott.

    On top of that, six of the board's members are men, a distribution that's also not representative of the general population.

    Given all that, the lawsuit asks for an injunction to bar the parole board from making a decision on clemency until the governor appoints a more representative board.

    The newly filed lawsuit came hours after Garcia's attorneys sent the governor a letter begging for a 30-day reprieve in light of media reporting regarding the source of the state's execution drugs.

    Citing unidentified documents, a BuzzFeed News report on Wednesday identified the Houston compounding pharmacy believed to be one of two that mixes up the batches of pentobarbital used in the Huntsville death chamber.

    Since the Braeswood-area business had a track record of safety violations documented by the state, Garcia's attorney's asked the governor for a reprieve to give them time to investigate.

    The governor's office did not respond Thursday to the Chronicle's request for comment on the letter.

    At the time of the notorious escape that eventually landed Garcia on death row, he was already in prison for a crime out of Bexar County, where he stabbed a man at least a dozen times. Since then, he's repeatedly framed the slaying as self-defense and not murder.

    In December 2000, he was serving time at the Connally Unit when he teamed up with six fellow prisoners to plot the biggest break-out in Texas prison history.

    In a carefully orchestrated plot months in the making, the seven inmates took hostages, busted into the prison armory, stole weapons and stormed out of the unit in a prison truck. After a crime spree across the state, on Christmas Eve the men held up an Oshman's sporting goods store and ended up killing Irving police officer Aubrey Hawkins.

    Afterward, the crew fled and were captured a month later in Colorado, living in a trailer park and posing as Christian missionaries. Though one of the men killed himself rather than surrender, the other six were captured and sent to death row. Three have since been executed.

    Though Garcia said he never fired a shot, he was convicted under the law of parties and sentenced to die. If his appeals, request for reprieve, and clemency plea all fail, he'll become the 12th Texas prisoner put to death this year.

    https://www.google.com/url?sa=i&sour...43694730219460
    Don't ask questions, just consume product and then get excited for next products.

    "They will hurt you. They will hurt your grandma, these people. The root cause of this is there's no discipline in the homes, they don't go to school, you know, they live off the government, no personal accountability, and they just beat people up for no reason, and it's disgusting." - Former Hamilton County Prosecutor Joe Deters

  9. #29
    Senior Member Frequent Poster NanduDas's Avatar
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    More desperation. “Wow! This law enforcement board is full of people involved with law enforcement!”
    "The pacifist is as surely a traitor to his country and to humanity as is the most brutal wrongdoer." -Theodore Roosevelt

  10. #30
    Senior Member CnCP Legend Mastro Titta's Avatar
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    Unbelievable. This guy has no shame. Anyway this probably won't work, Christopher Young tried something similar and failed.

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