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  1. #1
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    Alabama Capital Punishment News

    Giles Perkins calls for a moratorium on Alabama's death penalty until it is fairly administered.

    Attorney General candidate Giles Perkins calls today for a moratorium on Alabama's death penalty. Said Perkins, "We have a broken system, and we should not execute another person until it is fixed. There are a lot of guilty people on death row but we can't take the risk of executing anyone who is innocent. This is a moral issue."

    A 2006 American Bar Association study identified a number of serious flaws in Alabama’s death penalty process. These include:

    · Inadequate indigent defense services

    · Lack of appellate defense counsel

    · Lack of a statute protecting people with mental retardation

    · Lack of a post-conviction DNA testing statute

    · Inadequate proportionality review

    · Lack of effective limitations to "heinous, atrocious, or cruel" aggravating circumstance

    · Capitol Juror Confusion

    Perkins agrees these are serious problems, and they need to be addressed.

    Perkins believes the most important reforms are those to ensure all defendants, no matter their financial means, have competent counsel and access to technology, like DNA testing.

    Perkins commented, "We need to provide all defendants good lawyers and good science to make sure we get it right. We should not execute an innocent person while the real killer walks the streets."

    Giles Perkins is an attorney practicing in Birmingham since 1992, and he is running as a Democrat to become Alabama's next Attorney General.

    (Source: Project Hope)

    Campaign 2010: Democratic attorney general candidates favor death penalty study

    James Anderson and Giles Perkins are Democratic candidates for Alabama attorney general.

    The 2 candidates in the Democratic primary runoff for Alabama attorney general want a review of how the death penalty is administered and one is calling for a moratorium on executions.

    Birmingham attorney Giles Perkins said Thursday if elected he would ask the Legislature to approve a moratorium to make sure the death penalty is being administered fairly.

    His opponent in the July 13 runoff, Montgomery lawyer James Anderson, said he wants the attorney general's office to study the issue first. If problems are found, he said he would then favor a moratorium.

    Their positions on the death penalty assure there will be an issue dividing the Democratic runoff winner and Republican nominee Luther Strange.

    A Birmingham attorney, Strange said he supports the death penalty and would oppose a moratorium.

    (Source: The Associated Press)

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    Supreme Court rejects Alabama's appeal in murder-for-hire case over dissent of 3 justices

    The Supreme Court has rejected an appeal from Alabama to reinstate the death sentence for a man convicted of a $100 murder-for-hire more than 20 years ago.

    The court on Monday left in place a federal appeals court ruling that set aside the death sentence for James Charles Lawhorn because of his lawyer's poor work in the penalty portion of the case.

    Three justices — Samuel Alito, Antonin Scalia and Clarence Thomas — said they would have reversed the ruling by the 11th U.S. Circuit Court of Appeals in Atlanta. The appeals court upheld Lawhorn's conviction for killing William Clarence Berry in 1988. Berry was the boyfriend of Lawhorn's aunt, who said she wanted Berry dead because she was scared of him.

    Earlier, a federal judge overturned Lawhorn's conviction, ruling that his confession had been obtained improperly.

    The case is Allen v. Lawhorn, 10-24.

    http://www.latimes.com/news/nationwo...,7082637.story

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    Alabama is near the top in imposing, conducting the death penalty

    Alabama ranks second in the nation for the number of executions it conducted in 2011 and is tied for third in death sentences imposed this year, statistics compiled by the Death Penalty Information Center show.

    "Alabama is one of the leading death penalty states in the country," said Richard Dieter, executive director of the Washington-based DPIC. "It is a leader in executions and death sentences, both in absolute numbers and per capita."

    Alabama ranks 23rd nationally in population but has the country's fifth-largest death-row population. Its 55 executions since 1976, when a four-year national moratorium on the death penalty was lifted, puts Alabama sixth among states allowing capital punishment.

    Alabama put six murderers to death by lethal injection in 2011, accounting for 14 percent of the 43 executions nationwide, according to the annual year-end report by the clearinghouse on death penalty statistics.

    Texas, with 13 executions this year, led the nation. No more executions are set this year in any of the 34 states that allow capital punishment, the DPIC said.

    Nationally in 2011, the number of executions dropped slightly, continuing a general decline since 2000. The 43 executions in the U.S. were three fewer than in 2010 and a 49 percent drop from 2000, when 85 killers were put to death.

    Alabama's eight death sentences in 2011 puts it behind only Florida (13) and California (10), according to the DPIC. Arizona and Texas also reported eight death sentences in 2011.

    "Death sentencing in Alabama is down somewhat from the 1990s," Dieter said. "But it has not dropped as dramatically as in other states, and it still remains high for a state its size. Alabama still shows a strong commitment to the death penalty."

    The number of new death sentences nationally dropped 30 percent versus the 2010 level.

    Through mid-December, 78 death sentences were imposed nationally. That is a 65 percent reduction since 2000, when 224 murderers were condemned, according to the DPIC.

    Murderers were sentenced to death this year in both Jefferson and Shelby counties. They were:

    Anthony Lane, who robbed and shot to death Frank Wright in Birmingham in 2009 as the Indiana man, in town to do contract work, was washing his car with plans to pick up his wife at the airport.

    Bart Wayne Johnson, who shot to death Philip David, a Pelham police officer who had pulled him over on Interstate 65 in Shelby County for speeding in 2009.

    This year marks the first time since 1976 that fewer than 100 murderers were sentenced to death in the United States, DPIC statistics show.

    Alabama is seeing a drop in death sentences, statistics show. After averaging 13 per year from 1977 to 2007, judges have condemned an average of roughly nine murderers over the last four years.

    "This year, the use of the death penalty continued to decline by almost every measure," Dieter said. "Whether it's concern about unfairness, executing the innocent, the high costs of the death penalty, or the general feeling that the government just can't get it right, Americans moved further away from capital punishment in 2011."

    Polls conducted this year show capital punishment still has strong but diminishing support in the U.S.

    A national Gallup Poll about the death penalty, which offered no alternatives, found 61 percent supporting capital punishment, compared to 80 percent in 1994, the DPIC reported.

    A CNN poll giving respondents a choice between death and life without parole had 50 percent favoring the lesser sentence and 48 percent choosing death, the DPIC report said.

    In 2011, Illinois became the fourth state in four years to abolish the death penalty. Oregon's governor announced this month no executions would take place in that state before he leaves office in 2015.

    Despite in-state abolition efforts, Alabama's commitment to capital punishment remains strong among politicians and voters, said Natalie Davis, a political science professor at Birmingham Southern University and a public-opinion expert.

    As long as Alabama continues to allow less-than-unanimous jury verdicts calling for death by lethal injection and grants elected judges the right to override those recommendations, state death penalty statistics will remain high, she said.

    "If you're running for a circuit court judgeship and you say you oppose the death penalty, you'll never get elected," Davis said. "It's a deal-breaker for so many voters when it comes to election time."

    http://blog.al.com/spotnews/2011/12/...op_in_imp.html

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    Alabama ranks third nationally in executions

    Alabama ranked third nationally in executions conducted in 2010, while the nation overall continued to see fewer executions and death sentences, according to the Death Penalty Information Center.

    Alabama's five executions in 2010 trailed only Texas, which had 17, and Ohio, which had eight. Alabama ranks fifth nationally in the number of executions since 2000, with 30, according to the Death Penalty Information Center's annual report.

    The state ranks 23rd in population, but Alabama remains among the top death penalty practitioners because it holds a unique place among the 35 states and two federal jurisdictions that allow it, said Richard Dieter, the center's executive director.

    Alabama allows less-than-unanimous death recommendations by juries, and it gives judges the power to override recommendations of life without parole and sentence a capital inmate to death, even when a majority of jurors voted for the lesser sentence.

    "The door is open in two ways," Dieter said. "That makes Alabama slower to respond to the growing public concern about the death penalty that we have been seeing as a national trend."

    Nationally in 2010, 46 condemned killers were put to death, mostly by lethal injection, according to the Death Penalty Information Center, which opposes capital punishment and is a national clearinghouse on death penalty statistics.

    The 2010 rate is 12 percent lower than in 2009 and a drop of more than 50 percent from 1999, the peak year for modern executions, according to the Washington-based center.

    The 114 death sentences handed down in 2010 nationally were three more than in 2009, and the second-lowest number of capital sentences imposed in any year since modern death penalty laws were passed after 1972. It also was well below the national peak of death sentencings in the mid-1990s, when more than 320 murderers per year on average were condemned.

    "Whether it's concerns about the high costs of the death penalty at a time when budgets are being slashed, the risks of executing the innocent, unfairness or other reasons, the nation continued to move away from the death penalty in 2010," Dieter said.

    Three states have dropped the death penalty in the past three years, and abolition is set to be seriously debated in two other states in 2011, Dieter said.

    The modern era for capital punishment began in 1976. That year, the U.S. Supreme Court upheld the first state death penalty laws passed after the court struck down all capital statutes in effect nationwide in 1972.

    Alabama's 49 executions since 1976 ranks the state seventh nationally, according to the Death Penalty Information Center. The state's Death Row population of 204 ranks fifth in the nation.

    Texas perennially leads the nation in executions, often putting more of its killers to death in a year than all other states combined. Texas has put to death 464 killers since 1976, which is 38 percent of the 1,234 conducted nationally in that period.

    "But even Texas is having fewer executions and death sentences," Dieter said. "It's a reflection of that national trend, although Texas has been slower to respond."

    Alabama's executions in 2010 were:

    Thomas Whisenhant, executed May 27 for the 1977 murder of Cheryl Lynn Payton in Theodore. Whisenhant also admitted killing Venora Hyatt and Patricia Hitt. Whisenhant was 63 when he was executed, after spending nearly 33 years on Death Row.

    John Parker, executed June 10 for the 1988 stabbing death of Elizabeth Dorlene Sennett during a contract killing in Colbert County. He was 42 when he was executed, 21 years after he was sentenced to death.

    Michael Land, executed Aug. 12 for the 1992 kidnapping and shooting death of Candace Brown in Jefferson County. Land was 41 when he was executed and had been on Death Row for 16 years.

    Holly Wood, executed Sept. 9 for the 1993 shooting death of a former girlfriend, Ruby Lois Gosha. He was 50 when he was executed, nearly 16 years after the man with an IQ below 70 was sentenced to death in Pike County.

    Phillip Hallford, executed Nov. 4 for the 1986 murder of Eddie Shannon, the 16-year-old boyfriend of Hallford's 15-year-old daughter in Dale County. Hallford, 63, had been under a death sentence for 23 years.

    Alabama judges sentenced nine killers to death in 2010, including two for capital murders in Jefferson County and one in Shelby County.

    Of the 27 capital defendants whose cases were resolved in Jefferson County in 2010, four got capital convictions and sentences of either life without parole or death by lethal injection. The rest of the cases ended with convictions on lesser charges, acquittals or a dropped charge.

    The state's Death Row population is now 50 percent white and 49 percent black, with 1 percent listed as "other."

    Most condemned males are held at Holman Correctional Facility in Atmore, while the rest are at Donaldson Correctional Facility in Bessemer. The four condemned women are held at Tutwiler Prison for Women in Wetumpka.

    http://blog.al.com/spotnews/2011/01/...ationally.html

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    Selma senator wants to abolish death penalty

    A state senator from Selma says he plans to introduce a bill to abolish the death penalty in Alabama during the upcoming regular session of the Legislature.

    “I call it murder when the state of Alabama makes the deliberate decision to kill a person,” said Sen. Henry “Hank” Sanders,D-Selma.

    Sanders spoke to the congregation and guests Sunday at the Auburn Unitarian Universalist Fellowship for the first in a series of meetings for “The Journey of Hope – from Violence to Healing,” which highlights concerns about the death penalty in Alabama.

    While Sanders had introduced legislation for a moratorium on executions previously, he said he plans to take the next step in the upcoming session that begins Feb. 7.

    “I will introduce a bill to abolish the death penalty,” said Sanders to the applause of the audience at the church.

    Sanders said that one of the things that bothers him greatly about Alabama is the state’s attempt to use capital punishment as a deterrent.

    “Alabama has a high incarceration rate in the world — not just in the United States, in the world,” Sanders said. “We put a higher percentage of our people in jail and in prison. That tells me that either people of Alabama are worse than people in other places, and I don’t believe that, or something is wrong with the system.”

    He said Alabama’s capital punishment rate is the highest, or second highest, in the country.

    “If that was going to stop folks, then we should have less folks going to death row, not more folks,” he said. “So it is not having that kind of impact.”

    The second meeting in the series, sponsored by the student chapter of Alabama Arise, will be at 6 p.m. Thursday, Jan. 12, on the Auburn University campus in Room 2370 of the Haley Center.

    Three days later, there will be a gathering at Toomer’s Corner at 5 p.m. Sunday, Jan. 15, for a Martin Luther King Interfaith Vigil for Justice and Peace.

    http://www2.oanow.com/news/2012/jan/...ty-ar-3007558/

  6. #6
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    WOW! With al.com coming out against the death penalty I am surprised 80% of the following comments they have posted in an article are pro death penalty!

    Commenters react to Alabama's third-place death penalty ranking

    Out of the 35 states that allow the practice, Alabama executed five people, adding to the national total of 46 executions for the year.

    The release of this information has prompted many al.com readers to share their opinions on the subject:

    "In it's simplest terms it is protecting society from those who would victimize said society, and personally, I can't see a single thing wrong with protecting society by killing threats, and as a flawed human, I'm also practical enough to understand that we will occasionally send an innocent to their death."-elmerthefirst

    "It is a fitting punishment for those guilty of atrocities against their fellow man. And once guilt is established, an appeal should only be granted if new, exculpative evidence or proof of prosecutorial malfeasance is presented. Absent that, on with justice, and quickly at that. I do believe that before someone is put to death, their guilt be as completely assured as humanly possible. Photographic, DNA, or one police officer or multiple civilian eyewitness accounts of the crime should be present. If you don't have any of that, then you cannot execute a thug with a clear conscience."- bamain09

    "I believe in an eye for an eye. The same should be done to the accused as was done to the victim, as for these thugs robbing they should be put on a work gang and made to work from daylight till dark,oh but we would be abusing their civil rights so let them lay around while people are out working and just let them keep on with the job of robbing people.This country has gotten too soft."- natashia

    "With DNA testing and other advanced techniques, it's unlikely nowadays that an innocent person would be executed. I'm all for the death penalty. I used to be opposed to it, but things change after you lose someone you love to a brutal murder. I think the victim's family should be able to administer the punishment, if they wish to."- songstress

    "Does the existence of a death penalty prevent murders? Only if killers (1) always act and think rationally, fully contemplating the many consequences of their actions, and (2) care whether they themselves live or die. I doubt enough killers meet both of these conditions to allow the death penalty to have much of a deterrent effect."- wineridger

    http://blog.al.com/montgomery/2011/0...ird_place.html

  7. #7
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    I found this interesting. If I need to start a thread on elected judges v appointed judges I will!

    Primary race will determine new Supreme Court associate justice

    Jones said party affiliation is important because Democratic and Republican platforms are “quite different from each other.”

    “I support party affiliation for judicial candidates, because the public should know the values, principles and political beliefs of the candidate,” Jones said.

    “Some states use a method of nomination and selection of judges by panels,” she said. “I do not trust panels to remain free from the influence of special interests. I believe the people are in the best position to choose a judge.”

    Bryan and Jones did not express their views on the death penalty because of the requirement to be impartial, but said they will be able to rule on death penalty cases that reach the Supreme Court since the law requires it.

    “If person has a fair trial, that’s what the law says and it’s not up to me make laws,” Bryan said. “It’d be like being a legislator.”

    Jones said, “The law in this state is the death penalty, and every judicial officer is required to uphold the law. I would apply it.”

    Bryan said his experience of almost eight years on the Court of Civil Appeals will help him on the Supreme Court because the Court of Civil Appeals handles many issues for the Supreme Court. “I have a passion for the issues that come before the court,” he said.

    He said he doesn’t have a backlog of cases because plaintiffs, defendants and victims need timely resolution of their cases. He said he’s a judge who upholds the law.

    “We don’t need judges with agendas, and I don’t have an agenda,” Bryan said. “I call balls and strikes, I look at the issues and the facts and call them.”

    Although court administration is up to the chief justice, associate justices and their case loads are influenced by the lack of funds because of declining budgets. “It affects the amount of staff, cases being timely decided, so we have a vested interest in the budgets we have,” Bryan said.

    The winner of the March 13 primary will be on the Nov. 6 ballot, but with no Democratic opposition, and will take office in January.

    “I can hit the ground running on day one,” Bryan said. “I’ve done the process, know the system.”

    Jones said the judicial system is challenged by declining General Fund appropriations that have affected court clerks who do the court’s paperwork.

    She said she has 21 years of courtroom experience as both an attorney trying and defending criminal, civil and tort cases, and as a circuit judge. “It’s important for the Supreme Court to have hands-on working knowledge (in) evidence and managing documents and knowing what goes on … in actual court experience,” she said.

    Jones said she spent four years as a prosecutor and then 17 as a sole practitioner, “everything that a general practice would do.”

    As an assistant district attorney, Jones said, she wrote the current DUI law that makes a fourth DUI charge a felony. She also authored a law making rape with an object a Class A felony.

    Jones said she’s not accepting political action committee or special interest money to finance her campaign. “I do not like the fact that special interests would influence justices on the Supreme Court in any way,” she said.

    http://www.gadsdentimes.com/article/...9759?p=3&tc=pg

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    What is the status of the LI lawsuit for Alabama? When might the legal issues with their injection protocal be resolved?

  9. #9
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    Attorney General Luther Strange seeks to quicken the pace of executions in Alabama

    MONTGOMERY, Alabama - Attorney General Luther Strange is seeking to accelerate the pace of death penalty appeals in Alabama, noting decades can go by before inmates see the execution chamber.

    Strange said a bill to streamline the death penalty appeals process will be a top priority for him in the upcoming legislative session.

    “It shouldn’t take decades through the appeals process to get justice for families,” Strange said in an interview.

    The attorney general said death penalty appeals in Alabama currently “seem endless with excessive delays that serve only to prolong pain and postpone justice for the victims of these heinous crimes.”

    Strange is announcing his legislative agenda today in a series of press conferences around the state.

    He is also backing proposals that would make it a capital offense to kill someone at a school or day care and also to give state law enforcement the power to do wiretaps during murder, drug and other certain investigations.

    Currently, a person given the death penalty has a series of direct appeals, first to the Alabama Court of Criminal Appeals, and then to the Alabama Supreme Court and the U.S. Supreme Court. After those are complete, the defendant can begin Rule 32 appeals, post-conviction appeals that look at other issues such as the trial lawyer's competence.

    The proposed legislation, dubbed The Fair Justice Act, would run both sets of appeals simultaneously. Capital defendants would be required to file Rule 32 petitions within 180 days of filing their first direct appeal.

    Strange said the proposal is similar to what Texas and Virginia have done.

    The average stay on the state’s death row has been nearly 16 years since the U.S reinstated the death penalty. However, the time between sentencing and execution is expected to increase since the inmates currently on death row have already been there an average of 13 years.

    The longest-serving death row inmate in Alabama has been there for 34 years. Arthur Lee Giles was sentenced to death in 1979 when he was 19 years old.

    The legislation is backed by district attorneys across the state.

    “The Fair Justice Act takes a comprehensive approach to streamlining the appeals process in death penalty cases so that family members of victims will not have to suffer for decades awaiting justice to be done,” St. Clair District Attorney Richard J. Minor said in a statement about the bill. Minor is president of the Alabama District Attorneys Association.

    Strange said the expedited process would not infringe on defendants’ rights.

    “You get the same level of appeals, but you do them on a dual track,” Strange said. The defendant would still have a round of federal appeals.

    But the proposal is expected to draw opposition from death penalty opponents and others who say it will get quicker executions but not necesarily better justice.

    The attorney general is also backing legislation:

    - To allow state law enforcement the ability to do wire taps for investigations into murder, kidnapping, child pornography, human trafficking, sex offenses involving children under 12, and felony drug offenses. Alabama law enforcement organizations currently do not have the ability to seek wiretaps, although police in many other states do. The wiretaps would have to be approved by the court.

    - To include murders at a school or day care in the list of crimes that can be prosecuted as a capital offenses.

    - To let prosecutors grant immunity and compel testimony from witnesses. Alabama is the only state that allows the witness to decline immunity and thus to withhold testimony, according to the attorney general’s office.

    The 2014 legislative session begins as Strange is seeking a second term as attorney general. The session begins Jan. 14.

    "We are proposing fair and sensible changes to make the system work better for everyone. We also send a clear message that we will not tolerate the slaughter of our children at schools, with changes in the law that specify it is a capital crime to murder them and others who are particularly vulnerable," Strange said.

    http://blog.al.com/wire/2014/01/alab...l_luthe_1.html
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  10. #10
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    Death penalty bills to start off on fast track in Alabama Legislature

    MONTGOMERY, Alabama -- An effort to shorten the appeal time in death penalty cases is hitting the fast track in the Alabama Legislature.

    The bill seeks to reduce the time between sentencing and execution by streamlining the appeals process. The House and Senate Judiciary Committees have scheduled a joint public hearing for Tuesday. Votes are expected as soon as Wednesday.

    "Waiting 20, 25 years is not justice," said Senate Judiciary Committee Chairman Cam Ward, R-Alabaster.

    Backers of the bill say it is unfair to victims' families that decades can elapse between sentencing and execution. Defense lawyers say the shortened appeal window could result in the execution of innocent people.

    Currently, a person given the death penalty has a series of direct appeals, first to the Alabama Court of Criminal Appeals, and then to the Alabama Supreme Court and the U.S. Supreme Court. After those are complete, the defendant can begin Rule 32 appeals, post-conviction appeals that look at other issues such as the trial lawyer's competence.

    The proposed legislation, dubbed "The Fair Justice Act", would run both sets of appeals simultaneously. Capital defendants would be required to file Rule 32 petitions within 180 days of filing their first direct appeal. Death Row inmates could still make federal appeals.

    “You continue to have all of the same appeals that you have right now,” Ward said.

    "The man who killed my brother was on Death Row for over 30 years," said Janette Grantham, director of Victims of Crime and Leniency, which supports the bill.

    Coffee County Sheriff Neil Grantham was shot and killed in 1979 by a former prisoner as he arrived at the jail.

    "He assassinated him right there, and my brother was unarmed," Grantham said.

    Grantham said after decades of appeals her brother's killer had his sentence reduced to life in prison without parole. She would give only his prison ID number, because she says she will never speak his name.

    Grantham said years of appeals take a toll on the family.

    "It's horrible. What I always called it was the appeals nightmare. It just brings it all back and you had to relive it time and time again," Grantham said.

    But defense lawyers say the change could result in the execution of innocent people.

    "Everybody who has been exonerated required more time than this bill allows," said Bryan Stevenson, director of the Montgomery-based Equal Justice Initiative.

    The long delay between sentencing and execution is often caused because Death Row inmates can not find lawyers, he said.

    Defense lawyer Susan James said that while she is sympathetic to the pain of victims' families, the change would make it difficult for defendants to file Rule 32 appeals.

    "When the state is going to take a life following a capital murder conviction, there is just no margin for error," James said. Rule 32 issues often aren't identified until someone takes an independent review of the trial work.

    Stevenson predicted the bill would result in expensive litigation and delay instead of speeding up execution dates.

    "They are simply not going to be the lawyers to handle these cases,"

    Stevenson said he was concerned that lawmakers were rushing to a vote.

    "It's a very complicated piece of legislation. No one has had time to review it," he said.

    "It's almost as if they want to vote on it before anyone has figured out all the problems," Stevenson said.

    http://blog.al.com/wire/2014/01/deat...o_start_o.html

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