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Thread: Randall Wayne Mays - Texas

  1. #41
    Administrator Helen's Avatar
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    Henderson Co. DA responds to Randall Mays' stay of execution

    HENDERSON COUNTY, TEXAS (KETK) — On Monday, the Texas Court of Criminal Appeals placed a stay on the March 18 execution of an East Texas man.

    According to Texas Department of Criminal Justice spokesman Jason Clark, the execution of Randall Mays, 55, was halted after the court ruled additional review of his mental competency is needed. Mays was sentenced to death for killing two peace officers May 17, 2007. The convict barricaded himself in a Henderson County home after neighbors reported hearing gunfire. He then used a high-powered rifle to shoot at authorities and fatally shot Tony Ogburn. He also killed another deputy, Paul Habelt, and critically injured one other.

    On Tuesday, the Henderson County District Attorney's Office released the following response to the stay of execution:

    Yesterday’s order by the Court of Criminal Appeals in Austin (CCA) is disappointing for the family and friends of Paul, Tony and Kevin, as well as the entire law enforcement community.

    In Texas and the United States, the law holds that it is unconstitutional to execute a person who does not know why they are to be executed and that the execution is imminent. We believe that Mays is fully competent and that the people of Henderson County, through the jury in this case, issued a clear message in its verdict.

    Although the court in Austin issued a stay, they have not overturned Judge Tarrance's ruling from February 27th that held Mays had not raised substantial doubt of his competency to be executed.

    In its order today, the CCA simply stated it needed more time to consider the arguments and briefs of the State and Mays's attorneys in Austin. One could certainly speculate that Mays's attorneys made the tactical decision to wait mere weeks before the scheduled execution in order to put the court against the wall with a tight timeline.

    At this point the CCA can do one of two things: uphold Judge Tarrance's findings and ask him to set a new execution date, or reverse his findings and remand the case back to him.

    If the latter happens, the court would appoint at least two independent experts to evaluate Mays for his competency to be executed. After the evaluations, another hearing would then be had and Judge Tarrance would have to rule again. And of course, the CCA would review that ruling.

    I certainly believe and argued in our brief to the CCA that Judge Tarrance and not the judges in Austin, is in the best position to evaluate Mays's competency claims. Judge Tarrance was the trial judge and has handled this case fairly, correctly and efficiently for the past eight years. We certainly hope and advocate for the CCA to uphold his ruling and allow Judge Tarrance to set another execution date.

    http://www.ketknbc.com/news/crimewat...mays-stay-of-e
    "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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  2. #42
    Senior Member CnCP Legend FFM's Avatar
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    Remanded to trial court......lucky punk.

    http://www.search.txcourts.gov/Searc...6-bd408e8cc033

    Judges Meyers and Keller dissent.

    http://www.search.txcourts.gov/Searc...9-083030766685

  3. #43
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    Court wants competency exam for East Texas death row inmate

    HOUSTON (AP) — The state's highest criminal court says a man on death row for a shootout that left two East Texas sheriff's officers dead should be examined by mental health experts to determine if he's competent for execution.

    The ruling Wednesday from the Texas Court of Criminal Appeals reverses a decision from a Henderson County trial judge handling the case of 56-year-old Randall Wayne Mays. Mays' lawyers appealed after the trial court ruled they failed to show Mays was mentally incompetent for execution for the 2007 fatal shootings at his Henderson County home.

    The U.S. Supreme Court has held a person facing execution is incompetent if he doesn't understand his punishment and why he's being punished.

    In March, the appeals court gave Mays a reprieve two days before his scheduled execution.

    http://www.chron.com/news/texas/arti...th-6702207.php

  4. #44
    Moderator Ryan's Avatar
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    Issue of Mental Health Assessment a Focus as 3 Fight Death Sentences

    Randall Mays is on death row for killing two sheriff's deputies. Scott Panetti was sentenced to die for killing his estranged wife's parents. And a jury condemned Robert Roberson for killing his 2-year-old daughter.

    Beyond being on Texas’ death row, the three share another common thread: their attorneys are challenging whether the criminal justice process addresses the issue of mental illness fairly and comprehensively when weighing the death penalty for killers.

    In each case, trial prosecutors and attorneys for the state have argued the men intentionally killed their victims and understand why they were convicted and sentenced to death, a constitutional benchmark before the condemned can be executed.

    But attorneys for the men argue that although their clients are killers, their documented mental health histories could negate the intentional killing argument and therefore raise the question of whether execution is cruel and unusual punishment. Though the U.S. Supreme Court has ruled that states can't execute the intellectually disabled, an exact legal definition of that condition remains open to debate. Any of these three cases could ultimately help clarify that issue for others in similar situations.

    Mays’ and Panetti’s attorneys argue their clients aren’t competent to be executed. Roberson’s attorneys say his right to due process was violated at trial.

    Criminal justice experts say that determining mental health can be hard for anyone, including judges, defense attorneys, prosecutors and jurors. They say the cases of Mays, Panetti and Roberson are key in furthering the discussion in how mental health is gauged when applying the death penalty.

    "When a defendant has mental or emotional problems, those problems don't just affect his or her conduct at the time of the crime," said Robert Dunham, the executive director of the Death Penalty Information Center. “They affect the way he or she is able to relate to his [or her] lawyers, to the defense lawyers, and the way they appear to the court and the way they appear to the jury.”

    Thoroughly gauging one’s illness takes training, which many in the criminal justice system may not have, he said.

    "Mental illness is a complicated phenomenon, which some people who are luridly psychotic, the disorder may be obvious, but even people who are psychotic are not psychotic all the time," Dunham said.

    Robert Roberson

    Roberson, 49, was sentenced to death in 2003 for fatally beating his 2-year-old daughter, Nikki, in Palestine. He faces a June 21 execution.

    During his trial, his attorneys argued that he was trying to quiet his daughter and lost his temper as a result of a brain injury. Roberson’s fight might not see a happy ending.

    But prosecutors said the killing was intentional, calling witnesses who said that his daughter's injuries were consistent with signs of shaking, bruising and blunt force trauma. Witnesses testified that Roberson had a bad temper and would shake and spank Nikki when she wouldn’t stop crying.

    Roberson’s attorneys have said his due process was violated because Roberson wasn’t allowed to have an expert testify at his trial that he thought Roberson suffers from mental lapses from his brain injury. Saying that a jury probably wouldn’t have found him guilty if it had heard about his mental history, the attorneys are asking an appeals court to throw out his conviction. He’s now represented by Texas Defender Service attorneys, who declined to comment on his case.

    Doug Lowe, the Anderson County district attorney during the trial, told The Texas Tribune that if Roberson wanted to raise his mental health as an issue at trial, he should have pleaded insanity. You either have insanity or you don’t, Lowe said.

    "So they're saying we don't want to go [for] insanity, but we do want to slip this evidence in to say that he didn't intend to commit the crime and therefore it's not murder," Lowe said. "It wasn't an intentional or knowing act. They want to have it both ways."

    The U.S. Supreme Court ruled in a 2006 case that states aren’t required to admit mental health evidence by the defense if they aren’t pleading insanity.

    During the appeals process, the state has pointed to that case, Clark v. Arizona. Roberson did not launch an insanity defense at trial.

    When insanity isn’t used as a defense, judges often determine that mental health evidence is irrelevant, said George Dix, a professor in the University of Texas School of Law. Intent to kill is not a complicated mental state to be in, he said.

    "In many of the cases, if you carefully analyze what the expert is offering to testify to, he's essentially offering to testify that although the defendant did intend to kill, or intended to assault in other cases, his decision to do that was influenced by a pretty distorted perception of reality," Dix said.

    Denied relief twice by the U.S. Supreme Court, Roberson has shifted focus to clemency, with a request before the Texas Board of Pardons and Paroles.

    Randall Mays

    On May 17, 2007, Henderson County sheriff's deputies responded to a domestic disturbance call at a Payne Springs home. Randall Mays and his wife were arguing.

    When a deputy tried to arrest Mays, Mays got a rifle and began shooting, drawing return fire from deputies. During the firefight, Mays killed Inspector Paul Steven Habelt and Deputy Tony Price Ogburn, and wounded Deputy Kevin Harris. Mays surrendered after being shot himself.

    He pleaded not guilty to the killings, claiming his history of mental illness did not allow him to knowingly and intentionally kill his victims.

    At Mays’ trial, witnesses testified that he was friendly but had a history of mental illness. A psychologist for the defense explained that paranoia could become exaggerated in a moment of crisis, but even someone who is paranoid can intentionally and knowingly kill someone. The psychologist spoke in general and never interacted with Mays, so she couldn’t speak to the case specifically.

    Psychiatrist Theresa Vail diagnosed Mays with depression and a psychotic disorder, according to court records. Vail, who treated Mays when he was in jail, said "that he suffered from delusions and hallucinations and that he was afraid that he was being poisoned and plotted against."

    Vail said Mays' mental illness was severe and possibly permanent due to a history of drug abuse that would have damaged his brain. She did not talk to Mays about killing the deputies. Gilda Kessner, a psychologist also testified that Mays had paranoid personality disorder and psychosis but never spoke to Mays herself. Another psychiatrist, David Self, testified that he did not examine Mays directly but believed Mays suffered from delusions and paranoia, court records show.

    A prosecutor told jurors that Mays could not be both a "nice guy" and a "paranoid psychotic."

    "He's apparently the friendliest, most trusting guy they've ever met. And yet on the other hand, the Defense wants you to believe that he's some sort of paranoid psychotic," the prosecutor argued at Mays’ trial. “You can't just throw all the defenses against the wall and see what sticks. There has to be – there has to be a theory here."

    The jury took an hour to find Mays guilty of capital murder.

    Now, Mays’ attorneys say he is not competent to be executed, citing his mental health record. Mays, now 56, has a history of mental illness dating back to the 1980s, when he was committed twice to a state hospital, and was characterized as "actively psychotic," delusional and combative, according to details from a Texas Court of Criminal Appeals opinion.

    The court has placed his execution on hold, intervening after his attorneys argued his competency has not fully been evaluated. A Henderson County court ruled Mays did not provide a “substantial showing” to prove that he lacks the competency to be executed. The Court of Criminal Appeals disagreed and returned the case to the same county, where Mays’ attorneys will get another shot at arguing that their client is not competent for execution.

    Mays is represented by public defenders in the state's Office of Capital and Forensic Writs attorneys, who declined to comment for this article.

    Scott Panetti

    Panetti, 58, a diagnosed paranoid schizophrenic, shot and killed his in-laws, Joe and Amanda Alvarado, in 1992. After two hearings to gauge his competency to stand trial for capital murder, Panetti dropped his legal counsel, against the judge’s advice.

    He rejected an offer to plead guilty in exchange for a life sentence and, representing himself, offered an insanity defense without calling mental health witnesses. Panetti tried to call John F. Kennedy, Pope John Paul II and Jesus Christ as witnesses. He was found guilty of capital murder and sentenced to death in 1995.

    Panetti's case went before the U.S. Supreme Court in 2007. The question before the court: can Texas execute someone who understands the crime they committed but not why they're condemned to death? Justices said no and returned his case to Texas so his competency could be evaluated. Nearly a decade later, the issue is still not resolved.

    Part of Panetti’s story includes tales of religious delusions and hearing voices. Texas has said, though, Panetti is not mentally ill. Then-Attorney General Greg Abbott addressed the case during a 2014 interview with Mark Davis, the host of a Dallas-Fort Worth radio talk show.

    “Anyone can do strange things, and if strange things were good enough to get criminals off of death row, believe me, they’d be doing strange things all the time, every day,” said Abbott, now Texas governor. “Based upon the conclusions of many judges in this case, this guy is not insane, and at some point in time, that decision just needs to be put to rest.”

    Panetti was scheduled to die in 2004 and again in 2014. Both times, the executions were halted so courts could weigh competency concerns. An appeals court now is weighing whether to send Panetti’s case to another court to determine whether he can have federally appointed counsel and funds for an evaluation by a mental health expert. Panetti can’t afford legal costs on his own.

    Judges with the U.S. 5th Circuit Court of Appeals asked last year why Texas doesn’t provide funding for death row convicts to file and support incompetency claims. It’s not required to, an attorney for the state said. Asked about the Panetti case, a spokeswoman for the Texas attorney general’s office referred to the brief filed in the case.

    The state insists Panetti can make the claim he shouldn’t be executed, but one of his pro bono attorneys, Kathryn Kase, says he can’t afford to do it, nor does he have the mental capacity to on his own.

    Panetti’s lawyers say they can’t file a case arguing his incompetence for execution because he hasn’t received a mental health evaluation for more than seven years.

    Jack Stoffregen, chief public defender with Texas Regional Public Defenders for Capital Cases, told The Texas Tribune in September that it’s hard for defendants to make the argument that they shouldn’t be executed due to mental illness if they don’t have access to an expert evaluation.

    “If the defendant’s incompetent, how is that defendant even going to know to ask, to make the request for a counselor?” Stoffregen said.

    Panetti doesn’t take medication because of a previous allergic reaction to psychotropic drugs, said Kase, executive director of Texas Defender Service.

    After years of not being medicated and schizophrenia having brain-deteriorating effects, Panetti is “still very ill,” she said. Leaving death row would not mean freedom for Panetti, the attorney said.

    “If Scott Panetti were out in the world, he wouldn't be wandering around freely,” Kase said. “He would be in a mental institution. He's that sick.”

    https://www.texastribune.org/2016/05...-process-ques/

  5. #45
    Administrator Aaron's Avatar
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    Second day of Mays hearing

    Visiting Judge Joe Clayton continued to hear testimony in the Randall Mays competency hearing.

    Mays, 58, of Eustace, was convicted in 392nd District Court in 2008 for fatally shooting Henderson County Sheriff’s Department Dep. Tony Ogburn. Mays also killed HCSO Investigator Paul Habelt, and seriously wounded Dep. Kevin Harris in a burst of gunfire when deputies responded to a disturbance at a residence in Payne Springs in May of 2007.

    Retired Judge Carter Tarrance of the 392nd District Court had set Mays’ execution date for March 18. 2015.

    His execution was stayed in 2015 when the Court of Criminal Appeals found he made “a substantial showing that he is incompetent to be executed,” and ordered further competency hearings, including the appointment of mental-health experts.

    Mays' defense attorney will have the burden of proof to prove (1) that Mays is to be executed, and the execution is imminent, or (2) the reason he is to be executed.

    Two of the three expert witnesses have testified. Psychiatrist Dr. Randall Price testified his evaluation showed Mays competent to be executed.

    Price testified before evaluating Mays, he explained the process. He said he told Mays this evaluation was not confidential or private. According to Price, Mays refused to sign the form stating Price had explained the procedure.

    According to testimony, Mays did not want to talk about his crime. Price told the judge Mays said, “I don't see any good coming from this (referring to his mental evaluation). I enjoy your company, but I am done.”

    Mays told Price his attorneys advise him not to talk about the crime, or answer questions as to why he will be executed. It was not made clear which attorneys Mays was referring to.

    Testimony showed he did tell Price, “They say I murdered two police officers.” He told Price he thought his conviction was unfair, because the officers came on his property after he asked them not to. Mays told Price the officers had their guns drawn.

    Price said Mays would not use words such as death row, death penalty or execution. He told the doctor he did not believe in the death penalty. Mays never gave Price a statement of guilt.

    Henderson County District Attorney Mark Hall asked Price if Mays clearly understands the gravity of the situation.

    “He said he didn't want to be executed,” said Price.

    Price testified Mays suffers from paranoia associated with a personality disorder, but not enough to make him incompetent to be executed. He testified Mays, among other things, distrusts others and holds grudges.

    Price, whose final evaluation said Mays was competent, was the second psychiatrist to testify. Dr. Bhushand Agharka testified on Wednesday that Mays was incompetent. Dr. George Woods is also expected to testify Mays is incompetent for execution.

    It is not clear what the outcome is if Mays is found incompetent for execution. An incompetent person may be defined as one whose mind is unsound, deranged, or impaired in function, such as a slow I.Q., deterioration, illness or psychosis.

    The competency hearing is expected to reconvene at 8:30 a.m. on Friday.

    http://www.athensreview.com/news/loc...89b3edfdd.html
    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

  6. #46
    Administrator Aaron's Avatar
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    Closing arguments Saturday

    Both the state and defense attorneys rested on Friday. They are set to give their final statements on Saturday in the competency hearing of convicted killer Randall Mays. Judge Joe Clayton will decide whether Mays is competent to be executed by the state of Texas.

    A prominent capital defense attorney, who represented Mays during his death penalty hearing 10 years ago, testified for the defense.

    Criminal Attorney Bobby Mims said, “He's (Mays) mentally ill, I have seen him when he is psychotic.”

    Mays, 58, of Eustace, was sentenced to death for the 2007 murder of Henderson County Sheriff’s Department Investigator Dep. Tony Ogburn. Mays also killed HCSO Dep. Paul Habelt, and seriously wounded Dep. Kevin Harris in a burst of gunfire when they responded to a disturbance at Mays' residence.

    Mays’ execution date was set for March 18, 2015, when the Court of Criminal Appeals stayed the execution. The court found he made “a substantial showing that he is incompetent to be executed,” and ordered further competency hearings, including the appointment of mental-health experts.

    In 1986, the U.S. Supreme Court ruled that a person could not be executed, if he or she was "unaware of the punishment they're about to suffer, and why they are to suffer it."

    Mims told Judge Clayton he did not seek a competency hearing, or have Mays evaluated 10 years ago for competency. Mims said Mays did not plead insanity.

    According to testimony, a change of venue was never requested before the original murder trial.

    Mims, who has represented 51 death penalty cases, said Mays was out of touch with reality.

    When asked by Henderson County Assistant District Attorney Nancy Rumor if he was opposed to the death penalty, Mims testified he was not.

    Before resting its case, the state called three witnesses and a video disposition from Dr. Joseph Penn, head of the Mental Health Service at Texas Department of Corrections.

    Billy Jack Valentine, a former deputy with the Henderson County Sheriff's Department who was at the residence in Payne Springs the day the two deputies were murdered, has shown his support for the victims’ families by attending each day of the competency hearing.

    “I'm here because I care about the officers and their families,” said Valentine.

    Valentine was a key witness against Mays during his 2007 murder trial.

    Defense attorneys and the state attorneys will wrap up the trial on Saturday at 10 a.m. with closing arguments.

    http://www.athensreview.com/news/loc...43484b7a7.html
    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. #47
    Administrator Aaron's Avatar
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    Mays ruled competent for execution

    The question of whether convicted murderer Randall Mays is competent to be executed has been answered.

    On Monday, senior state visiting District Judge Joe D. Clayton found Mays competent to be executed by the state of Texas.

    Mays, 58, of Payne Springs, was convicted and sentenced to death for the 2007 murder of Henderson County Sheriff’s Deputy Tony Ogburn. Mays also killed Investigator Paul Habelt and wounded Deputy Kevin Harris.

    The original execution date scheduled for March 18, 2015, was stayed by the Court of Criminal Appeals. The appellate court justices found Mays made “a substantial showing that he is incompetent to be executed” and ordered further competency hearings, including the appointment of mental-health experts.

    In August, Clayton conducted a hearing in the Henderson County 392nd District Court.

    "The state of Texas has afforded Randall Wayne Mays every opportunity and resource to contest his conviction and sentence over the last decade," Henderson County District Attorney Mark Hall said. "That includes what I consider to be this last-ditch effort to claim that he is incompetent and does not have a rational understanding of why he was to be executed.”

    “In determining the credibility of all witnesses, the court considered their observed attitudes, their interest in the outcome, their relationship with the parties, if any, and the probability or improbability of their testimony," Clayton said, “The court has read and considered over 130 pages of writing by the defendant while on death row. Most of the letters were to (Mays’) mother, other family members and friends. Nowhere in the correspondence did I see any sign of defendant’s obsession with wind energy that Dr. Woods and Dr. Agharkar referred to. The few times this subject was ever mentioned was as a suggestion for ways to save on household electric bills.”

    Dr. George Woods and Dr. Bhushand Agharka testified Mays to be incompetent to be executed. The third psychologist, Dr. Randall Price, found Mays competent to be executed.

    During closing arguments at the competency hearing, Hall said he was not buying the paranoid defense.

    The district attorney asked the judge to look at all of the evidence presented — not just the health-care professionals — to find Mays competent to be executed.

    Clayton noted in his ruling that less than one month prior to the original execution date, Mays wrote a detailed letter to his sister regarding the cost of necessary material needed to build “the wood box” and gave information on where to obtain the supplies. In the same letter, Mays informed his sister of the burial plots bought for the Mays family in Dunbar cemetery.

    “During the course of three days of hearings, and one-half day of arguments, the court was able to observe the defendant’s interaction with his counsel throughout the time,” Clayton said. “The defendant and his counsel had a steady stream of written notes passed between them. The defendant appeared to be fully participating in the hearing as much as he physically could.”

    Clayton said after consideration of all of the credible evidence, he concluded that Mays failed to meet his burden by a preponderance of evidence, and the court rules as follows:

    Randall Mays is competent to be executed pursuant to TCCP article 46.05 and the guidelines set forth in Panetti and Battaglia:

    • Randall Mays has a rational understanding that he is to be executed and that his execution is imminent.

    • Randall Mays has a rational understanding of the reason for which he will be executed.

    • While Randall Mays does have some form of mental illness, it does not deprive him of the rational understanding of the connection between his crime and the punishment received.

    Under Texas law, a defendant is incompetent to be executed if he does not understand that he is to be executed and that his execution is imminent and he does not understand the reason for his execution.

    “I appreciate the fact that Judge Clayton listened intently to the three and a half days of testimony and argument in August on this issue, and was clearly not convinced,” Hall said. “We are one giant step forward in seeing justice done in this case, and the lawful and appropriate sentence Mays received finally carried out.”

    Hall said he will ask the judge to set an execution date. He expects an appeal to be filed.

    http://www.athensreview.com/news/loc...e1324984e.html
    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

  8. #48
    Senior Member CnCP Legend Mike's Avatar
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    Quote Originally Posted by Aaron View Post
    Mays ruled competent for execution

    Hall said he will ask the judge to set an execution date. He expects an appeal to be filed.

    http://www.athensreview.com/news/loc...e1324984e.html
    It's two days to a year since this DA said this and there still hasn't been a warrant signed for this scumbag. What is the delay here?

  9. #49
    Senior Member CnCP Addict one_two_bomb's Avatar
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    I am guessing they are appealing that judge's ruling to the TCCA and have to wait for the result of that.

  10. #50
    Senior Member CnCP Legend FFM's Avatar
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    CCA still has to rule on it and issue the mandate. Plus, you might expect another round in federal court because of Moore.

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