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Thread: Death Penalty Pursued for Tanner Lynn Horner in 2022 TX Slaying of 7-Year-Old Athena Strand

  1. #11
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    Prospect of Athena Strand’s accused killer posting bail prompts this proposed TX law

    By Eleanor Dearman
    AOL News

    The kidnapping and killing of a 7-year-old North Texas girl has prompted a Denton lawmaker to push for changes to state bail laws.

    Republican Lynn Stucky has filed the “Athena Strand Law” to delay the release of people accused of certain crimes when they post bail. The legislation comes after a FedEx contract driver was charged with the kidnapping and murder of Athena Strand outside of her father’s home near Paradise.

    “Our justice system is designed to fairly deliver due process,” Stucky said in a statement. “However, the system should also be bolstered to protect child victims from their attackers. I believe all Texans will support protecting our communities and ensuring that we keep dangerous criminals who prey upon our children behind bars.”

    Stucky said he had constituents who were “appalled” to learn that Tanner Lynn Horner, who confessed to Strand's killing, was given the opportunity to post bail. He is in the Wise County Jail on $1.5 million bond.

    Weeks after his Dec. 2 arrest, Horner was charged in an unrelated case with three counts of sexual assault of a child under 17 in Tarrant County, according to court records.

    One bill would allow magistrates to delay the release of those who post bail following their arrest for crimes that result in the death or serious injury of a child. The amount they could be held for would be longer for those who have confessed to a crime.

    A second proposal from Stucky would let voters decide whether a person jailed in the death or serious injury of a child should be required to have their bail release delayed for up to 30 days if a judge or magistrate makes certain findings.

    Delaying bail could give officers more time to investigate a person and their history, said Strand’s grandmother Shelly Crittenden.

    The change in law could also offer victims some comfort and relief as they make funeral arrangements and make changes to their lives, she said.

    “It can give the victims time to maybe help heal, just knowing that that person is in jail and they can’t get out,” Crittenden said.

    In his statement, Stucky said the bills do not prevent justice for those accused of crimes. Stucky was not immediately available for an interview Thursday.

    “They preserve justice for the victims while allowing the system time to properly investigate the crimes,” he said.

    Representatives with the Tarrant County Criminal Defense Lawyers Association and the Texas Criminal Defense Lawyers Association did not immediately return requests for comment. Rep. Joe Moody, D-El Paso, and Rep. Jeff Leach, R-Plano, who have chaired the House Criminal Justice Reform Caucus, also did not immediately return requests for comment.

    Wise County Sheriff Lane Akin was supportive of “Athena’s Law” in a statement shared in a news release from Stucky’s office.

    “In the course of investigating serious crimes against children, officers commonly find after the arrest and jailing of a suspect, additional victims often step forward to report similar abuses they experienced at the hands of the same suspect,” he said. “‘Athena’s Law’ adding to existing statutes on delaying the release of an individual from jail would allow law enforcement additional time to meet with those who may have been victimized, prepare probable cause affidavits, and seek additional charges against the alleged assailant.”

    To become law, bills must generally pass in the House and Senate before going to Gov. Greg Abbott’s desk for signing. Constitutional amendments must pass out of both chamber and then be approved by voters.

    https://www.aol.com/news/prospect-at...233300037.html
    "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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    "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.”
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  2. #12
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    Tanner Horner, man accused of killing Athena Strand, indicted on capital murder charges

    Horner was indicted on the charge, as well as aggravated kidnapping, on Thursday

    By Mayra Monroy and Paul Wedding
    WFAA News

    WISE COUNTY, Texas — Tanner Horner, the man accused of killing 7-year-old Athena Strand in November 2022, has been indicted by a Wise County grand jury for capital murder, Wise County Sheriff Lane Akin confirmed to WFAA.

    Horner was indicted on the capital murder charge, as well as aggravated kidnapping, on Thursday. Horner, 31, is accused of abducting and killing Strand on Nov. 30, 2022. Strand's body was found on Dec. 2.

    "I would like to thank the Wise County grand jury for their role in this process. Hearing the facts and circumstances of my 7-year-old daughter's kidnapping and murder was undoubtedly very difficult for them. I want them to know that their work is deeply appreciated," said Strand's mother, Maitlyn Gandy.

    Police said Horner told them he had accidentally hit Athena with his truck while he was backing up. According to the arrest affidavit, Horner said Strand was not seriously injured in that collision but said he panicked just the same and put her in the van.

    The affidavit also said that Horner further told investigators Strand was talking to him after she was hit, even telling him her name. Once inside the van, the affidavit said, Horner told police he tried to break Athena's neck -- and when that didn't work, he told police, he strangled her with his bare hands in the back of the van.

    Horner told police multiple times he strangled Athena because she was going to tell her father about being hit by the FedEx truck Horner was driving, the affidavit stated.

    Horner is currently being held in the Wise County jail and has a $1.5 million bond. Police have said they plan to ask prosecutors to seek the death penalty if he is convicted of the charges.

    "Tanner Horner's indictment is the beginning of a long road through the justice system. I appreciate everyone's continued support and for keeping Athena's name and memory alive. Please take a moment to hug your children and loved ones. No one is promised another day," said Gandy.

    Horner also faces three additional charges of sexual assault of a child, unrelated to Strand's case. Those charges stem from three incidents in 2013. It is unclear if the charges are related to the same person or three separate people.

    https://www.wfaa.com/article/news/lo...6-86aedb842311
    "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

  3. #13
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    Prosecutors to seek death penalty for Tanner Horner

    By Brian Knox

    The Wise County District Attorney’s Office will seek the death penalty for Tanner Lynn Horner if he is found guilty of capital murder in the death of Athena Strand.

    Following the grand jury indictment of Horner for capital murder and aggravated kidnapping last Thursday, prosecutors filed a notice in 271st District Court in Decatur Friday stating they intend to seek the death penalty upon conviction.

    District Attorney James Stainton said the decision to seek the death penalty was made due to the age of Strand and evidence of a high level of violence that attributed to her death.

    “You look at that little girl’s face and you just ask yourself, ‘why?’ It’s just the brutal nature of what went on, the level of violence that the guy brought to this. It’s just unspeakable. I do not comprehend how an individual can do this with that level of violence to a child,” Stainton said.

    indictments come 2 1/2 months after the 31-year-old Horner was arrested on the same charges.

    Horner was driving a FedEx truck and made a delivery to Strand’s Cottondale home on Nov. 30 about the time the 7-year-old went missing, according to investigators. Two days later, investigators tracked down Horner while he was on a delivery route in the Cottondale area for questioning about the child’s disappearance. He told investigators he accidentally struck Strand with his delivery vehicle at the home and later strangled her so she wouldn’t tell her father what happened, according to an arrest affidavit in the case.

    When asked by investigators if he would be willing to take them to where he put the young girl’s body, he directed investigators to County Road 4668 (Bobo Crossing) near Boyd where investigators found Strand’s body in the water at the Trinity River crossing, the affidavit states.

    According to information contained in a copy of Strand’s autopsy report, which was obtained by the Messenger through a records request, the medical examiner found blunt force injuries to the 7-year-old’s head and neck along with evidence of asphyxia. The preliminary autopsy report lists the cause of death as “blunt force injuries with smothering and strangulation” and the manner of death as “homicide.”

    According to the capital murder indictment handed up Thursday, Horner intentionally caused Strand’s death “by strangling and/or smothering and/or asphyxiating” the child while in the course of committing or attempting to commit kidnapping.

    The aggravated kidnapping indictment states Horner abducted Strand “with intent to inflict bodily injury on Athena Strand or with intent to terrorize Athena Strand” by “moving her from one place to another or by confining her, with intent to prevent her liberation, by secreting or holding her in a place she was not likely to be found.” The indictment states that Horner used his hand as a deadly weapon during the commission of the offense.

    Strand’s mother, Maitlyn Gandy, issued a statement following the indictment, saying this is the first step in a long process for justice.

    “I would like to thank the Wise County grand jury for their role in this process. Hearing the facts and circumstances of my 7-year-old daughter’s kidnapping and murder was undoubtedly very difficult for them. I want them to know that their work is deeply appreciated,” Gandy said. “Tanner Horner’s indictment is the beginning of a long road through the justice system. I appreciate everyone’s continued support and for keeping Athena’s name and memory alive. Please take a moment to hug your children and loved ones. No one is promised another day.”

    Horner, a Fort Worth resident, remained in the Wise County Jail Tuesday with bond set at $1.5 million.

    Court records show Horner is represented by his court-appointed attorney, Bill Ray.

    Strand was last seen around 5:45 p.m. Nov. 30 by her stepmother inside a converted storage shed Strand and her stepsister were using as a temporary bedroom/living quarters while the main residence was being renovated, the arrest affidavit states. After asking Strand to sort her dirty laundry, the stepmother went inside the main residence to make dinner. About a half-hour later, the stepmother went back to Strand’s room to tell her dinner was ready, but the child could not be found, according to the affidavit.

    Multiple agencies soon began a thorough search of the area, prompting an Amber Alert the following day when the child could not be found.

    The case has drawn national attention and has led to a wrongful death lawsuit filed by Strand’s father, Jacob Strand. The lawsuit names Horner, FedEx Ground and Big Topspin, the contract company that employed Horner, as defendants.

    Gandy filed as an intervenor in that lawsuit on Friday, according to a press release from her attorneys at Varghese Summersett Injury Law Group.

    https://www.wcmessenger.com/articles...strands-death/
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    Thank God.
    "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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    Accused Killer Tanner Horner Pleads Not Guilty in Athena Strand Murder

    Nearly two dozen members of law enforcement appear at an arraignment hearing in a show of support for the victim's family

    By Frank Heinz

    A FedEx driver who confessed to police he killed a 7-year-old girl last November pleaded not guilty Monday morning during his capital murder arraignment hearing.

    Tanner Horner, 31, last December, told police he accidentally hit 7-year-old Athena Strand with his delivery truck on Nov. 30 and that he killed the girl with his bare hands after he got scared when she said she was going to tell her father about the minor accident.

    Horner, police said, then told investigators where to find the missing girl's body two days after she disappeared. He was indicted on a capital murder charge last month.

    Benson Varghese, an attorney representing Strand's mother, Maitlyn Gandy, spoke outside of the courthouse after the hearing Monday morning and said Horner's attorneys waived arraignment and entered the plea of not guilty on their client's behalf.

    Horner, Varghese said, said nothing at the hearing.

    Gandy was in the Wise County Court Center courtroom for the arraignment hearing. It was the first time she'd been in the same room with the man accused of killing her daughter.

    "It was probably one of the most difficult moments of her life, to see the person who killed her daughter. It's a moment she's thought about for a long time. I suppose it's surreal in some senses but it was of just grave importance for her to be there."

    Gandy was joined in the courtroom by about 20 members of law enforcement, about half of whom had been involved in the search for the missing girl and the investigation into her death.

    "This morning, something that was unusual is that the courtroom was full of law enforcement officials. We had the constable we had the sheriff, we had rangers, there were at least 20 individuals from various law enforcement agencies in the courtroom," Varghese said. "It means a lot to her [Maitlyn Gandy] and a number of the individuals who were involved in the investigation came up and gave her hugs and greeted her warmly ... and just showed up for her and that was powerful."

    Last month Gandy joined a civil lawsuit filed by her ex-husband, Athena's father, against Horner, FedEx Ground and Big Topspin, the contracted delivery service that hired Horner to deliver packages. The family is seeking more than $1 million in damages.

    The civil lawsuit, Varghese said, gives them additional abilities to investigate the circumstances around the girl's death including who was responsible as well as all of the decision-makers who could have prevented the girl's death from happening.

    Prosecutors announced last month they plan to seek the death penalty in the capital murder case.

    Horner, it was later learned, on the day of the murder delivered a six-pack of "You Can Be Anything" Barbie dolls that were meant to be a Christmas present for Athena. In January, Mattel donated 2,000 Barbies and other toys to Cook Children's Medical Center in Fort Worth in Athena's honor.

    Horner remains in the Wise County Jail on six bonds totaling $1,560,000. Horner is also being held on four charges of sexual assault of a child dating back to 2013 unrelated to the Strand case.

    No other court dates have been set in the case.

    https://www.nbcdfw.com/news/local/ac...3207983/?amp=1
    Thank you for the adventure - Axol

    Tried so hard and got so far, but in the end it doesn’t even matter - Linkin Park

    Hear me, my chiefs! I am tired. My heart is sick and sad. From where the sun now stands, I will fight no more forever. - Hin-mah-too-yah-lat-kekt

    I’m going to the ghost McDonalds - Garcello

  6. #16
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    Texas House passes ‘Athena Alert’ bill in honor of slain 7-year-old

    By Anne Gimble
    KWTX News

    AUSTIN (CBSNewsTexas) - The Texas House passed an “Athena Alert” bill, or HB3556 on May 9, allowing law enforcement to quickly issue a regional alert when a child goes missing without confirmation of an abduction.

    The legislation – named in memory of 7-year-old Athena Strand who was kidnapped and killed by former FedEx driver Tanner Lynn Horner last year – is intended to close the gap between the time a child vanishes and a statewide AMBER Alert may be issued. It would allow law enforcement to activate an alert in a regional area – within a 100-mile radius and to adjacent counties – of where a child is believed to have gone missing or was last seen.

    Authored by Rep. Lynn Stucky (R-Sanger), the bill now heads to the Senate. It will be carried by Senators Tan Parker (R-Flower Mound) and Angela Paxton (R-McKinney) in the next chamber. If passed there, it will make its way to Texas Governor Greg Abbott’s desk.

    “I would like to thank Rep. Stucky and other lawmakers for their support of an Athena Alert in honor of my daughter,” said Maitlyn Gandy, Athena’s mother. An Athena Alert gives law enforcement the ability to quickly notify the local public about a missing child in their area – even if the case doesn’t meet the strict criteria for a statewide AMBER Alert.

    The proposed bill is yet another way Gandy has sought justice since her daughter’s slaying at the hands of Horner on Nov. 30, 2022.

    She previously filed an 18-page wrongful death lawsuit in February seeking “fair and reasonable” compensation for “acts and omissions” that led to Strand’s murder. Tanner, and the contracting company that hired him, Big Topspin, were named in the suit.

    Athena’s father, Jacob Strand filed a lawsuit in Dec. 2022, too.

    Horner was charged with capital murder and aggravated kidnapping. If convicted, he faces the death penalty.

    https://www.kwtx.com/2023/05/09/texa...in-7-year-old/
    "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

  7. #17
    Administrator Helen's Avatar
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    Related:

    Abbott signs Athena Alert bill into law

    Law allows localized alert for missing children

    By Austin Jackson
    The Messenger

    Law enforcement will now have a new tool to help locate missing children with Gov. Greg Abbott signing the “Athena Alert” bill into law Tuesday.

    The legislation, named after Cottondale 7-year-old Athena Strand, will create a regional alert for missing children. An Athena Alert will be similar to an Amber Alert, but it will allow law enforcement to notify residents within a 100-mile radius and to adjacent counties, even if a child goes missing without verification of an abduction, which is required for the Amber Alert.

    “I would like to thank Governor Abbott and Texas lawmakers for expediting the Athena Alert and for everyone who supported this life-saving legislation,” said Strand’s mother, Maitlyn Gandy, in a press release from the law firm of Varghese Summersett. “It has been six months since Athena was killed and every day has been an indescribable struggle. It gives me comfort to know that Athena’s legacy will live on and help save the lives of other Texas children.”

    Strand went missing from her father’s home in Cottondale Nov. 30 of last year, but without initial evidence of an abduction, an Amber Alert was not issued for nearly 24 hours. Two days after she disappeared, delivery driver Tanner Horner led authorities to Strand’s body near Boyd.

    “If this alert had been in place when my daughter disappeared, I have no doubt that the Wise County Sheriff’s Office would have activated it,” Gandy said in her testimony to the Homeland Security and Public Safety Committee. “Unfortunately, their hands were tied because my daughter’s disappearance didn’t immediately meet the strict criteria for a statewide Amber alert.

    “It was a helpless feeling that I wouldn’t wish on any parent. My hope is that every state will follow Texas’ lead and amend the law so that no other parent has to wait when their child is missing.”

    Horner, 31, has been charged with aggravated kidnapping and capital murder and is facing the death penalty. The bill was created and sponsored by Wise County’s representatives in Austin. Rep. Lynn Stucky (R-Sanger) filed House Bill 3556 in March, and it was passed by the Texas House of Representatives on May 9. The bill was sponsored by Sen. Tan Parker (R-Flower Mound) in the Senate, where it passed May 24.

    The Homeland Security and Public Safety committee voted unanimously to advance the bill to the Texas House of Representatives, where it was passed by a 139-3 vote. The bill passed 31-0 in the senate.

    In a statement to the Messenger Tuesday, Stucky said it was an honor to work with Gandy and Wise County Sheriff Lane Akin to make the law possible.

    “With this being my first session representing Wise County, I wanted to prove that I would be an effective leader on issues that are important to my new constituents. I never thought we would take on a challenge as consequential as the Athena Alerts bill,”

    Stucky said. “Thank you to Maitlyn Gandy for her strength while testifying in committee, and for having the confidence in my ability to make Athena Alerts the law in Texas. While today is indeed a victory, I hope these regional alerts are a rare occurrence. No parent should feel the fear or the loss that Maitlyn and her family are continuing to navigate.”

    https://www.wcmessenger.com/articles...bill-into-law/
    "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

  8. #18
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    Horner to get new attorneys

    Judge rules that county agreement requires different counsel

    By Brian Knox
    The Messenger

    A man facing the death penalty in a Wise County capital murder case will soon have new representation following a judge’s order Thursday.

    District Judge Brock Smith ruled that a change in counsel was required in the capital murder case of Tanner Horner due to a contract the county has with the Regional Public Defender Office (RPDO). The contract states that when a defendant is facing a capital murder charge in which the state is seeking the death penalty, and the defendant is indigent, the judge will provide court-appointed counsel through the RPDO.

    In the hearing, Smith said his court was not aware the county had entered into the contract at the time he appointed Bill Ray last December to serve as counsel for Horner, who is charged with capital murder in the death of 7-year-old Athena Strand. Smith said he became aware of the contract on July 5 and immediately notified attorneys in the case.

    Clark said the county first entered into the agreement in 2013, and the contract renews each year.

    A hearing was then scheduled for Thursday in 271st District Court in Decatur to discuss the issue.

    During the hearing, Ray argued that he should remain Horner’s attorney, pointing out he had met with his client in the Wise County Jail 15 times, had developed a relationship with him and had begun to plan a defense strategy. He argued that removing he and fellow court-appointed attorney Steve Gordon could be a violation of his client’s Sixth Amendment rights. Ray also pointed out his numerous qualifications to serve on the case, including his experience of taking eight death penalty cases to trial.

    “But it’s not about me, it’s for Mr. Horner,” Ray said. “He shouldn’t have to change lawyers seven months down the road.”

    After hearing the arguments, the court stood in recess for about 30 minutes while Smith considered his ruling.

    When he returned to court, Smith said he would sign an order to relieve Ray and Gordon of their representation on the case and appoint attorneys from the RPDO to represent Horner moving forward.

    “I regret that any time changes have to be made in a situation like this. It’s not how I would have planned it, but I have to look at the larger picture,” Smith said. “…There can be circumstances where a judge, if good cause exists, can relieve the attorney of his representation. I believe good cause now exists in this case.”

    Smith pointed out that he “was in no way dissatisfied with the representation of Mr. Horner,” saying that was not an issue with his ruling.

    Ray indicated that he planned to appeal the judge’s ruling.

    Horner was in attendance at the hearing but did not speak.

    Members of Strand’s family and their attorneys in a civil case related to Athena Strand's death were also in the courtroom.

    https://www.wcmessenger.com/articles...new-attorneys/
    "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

  9. #19
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    Update for Tuesday, September 5, 2023

    The Messenger Staff

    COURT PAUSES HORNER CASE TO CONSIDER APPEAL — The Court of Criminal Appeals has issued a “stay of trial court proceedings” in the case of Tanner Lynn Horner, who is facing the death penalty in the death of Athena Strand.

    The court has paused the case with an initial ruling after prosecutors sought a writ of mandamus, seeking a ruling on the trial court judge’s decision in July to remove Horner’s court-appointed attorneys and replace them with lawyers from the Regional Public Defender’s Office (RPDO).

    The court has not ruled on the writ, but it has requested to hear more from District Judge Brock Smith, Horner’s former attorney Bill Ray and the RPDO within 20 days.

    A full story on the district attorney’s office’s reasoning for seeking the writ is featured in the current Wise County Messenger and online here.

    https://www.wcmessenger.com/articles...tember-5-2023/
    "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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