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Thread: Derrick Powell - Delaware

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    Derrick Powell - Delaware


    Georgetown police officer Chad Spicer




    Biden to seek Death Penalty in Murder of Georgetown Police Officer

    GEORGETOWN, Del.- Delaware Attorney General Beau Biden announced Tuesday that he will seek the death penalty against the man accused of fatally shooting Georgetown police officer Chad Spicer in September 2009.

    Derrick Powell, 22, of Cumberland, Md., faces first-degree murder and other charges in connection with Spicer's death. Spicer was shot and killed while responding to a police call on Sept. 1, 2009. Fellow Georgetown police officer Cpl. Shawn Brittingham was injured in the shooting.

    "Seeking the death penalty is one of the most important decisions an Attorney General makes," Biden said in a statement. "Today, I am announcing that we are seeking the death penalty for the murder of Officer Chad Spicer. Our thoughts and prayers remain with Officer Spicer's family, the Georgetown community, and law enforcement throughout the state of Delaware who were all deeply affected by Officer Spicer's murder."

    Biden's office has notified Powell's attorneys of his decision. Prosecutors have been pursuing the case against Powell as a capital-eligible murder case since his arrest.

    Powell was arrested the day of the shooting. A Sussex County grand jury indicted him on first-degree murder and other charges on Nov. 23, 2009. The trial is scheduled to get under way in Sussex County Superior Court on Oct. 11, 2010.

    http://www.wboc.com/global/story.asp?s=12727823

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    July 1, 2010

    Attorneys oppose death penalty in Spicer slaying

    The attorneys for accused cop-killer Derrick Powell are seeking to protect the Cumberland, Md. man from the death penalty, on grounds the punishment doesn’t fit the crime.

    They filed a motion to preclude the state from seeking the death penalty Wednesday, June 30, along with motions to suppress evidence and to declare the state’s death penalty unconstitutional.

    Defense attorneys Stephanie Tsantes and Dean Johnson wrote that Powell, 23, is accused of recklessly killing Georgetown Patrolman Chad Spicer Sept. 1, 2009. Because Spicer was a police officer, the charge of reckless killing is elevated to first-degree murder, a capital offense. Attorney General Beau Biden announced Tuesday, June 29, his office would seek the death penalty against Powell.

    Tsantes and Johnson argue the original charge against Powell lacks the key element necessary to sentence him to death: intention.

    “The reckless killing of another does not meet the standard necessary to impose death as a punishment,” the attorneys wrote. “The crime’s defining term, ‘reckless,’ denotes that the person did not act intentionally in bringing about the victim’s death.”

    Defense attorneys also asked Judge T. Henley Graves to suppress statements made by Powell after he was taken into custody. After he allegedly shot Spicer with a 9 mm handgun from the back seat of a Chrysler Sebring, Powell fled on foot. Numerous officers from multiple departments responded to the ensuing manhunt. When they found Powell in a nearby residence, Tsantes and Johnson wrote, they beat him for several minutes, stun-gunned him in the arm and tackled him face-down off the porch of the residence.

    Powell was driven by a circuitous route to Troop 4 in Georgetown, the attorneys wrote, and interrogated by state police Trooper Matt Williams without being given his Miranda rights. He made statements without knowingly waiving his right to remain silent, they wrote, and his statements cannot be considered as evidence against him.

    The attorneys also asked Graves to prevent the state from blaming a prior shooting at McDonald’s restaurant in Georgetown on Spicer. Prosecutors claim Powell fired the shots after a drug deal went awry, but Tsantes and Johnson wrote that because there is no video of the shooting, jurors will be unable to independently evaluate the evidence, so its presence could taint their verdict.

    “The jury may improperly use the evidence to infer a general criminal disposition of Mr. Powell in order to find the defendant guilty of the murder offense,” they wrote. In a separate motion, they seek to sever the McDonald’s shooting from the Spicer shooting. Different state police detectives investigated the two shootings, they wrote, and each incident has separate witnesses, phone records and text messages being used as evidence. Lumping them together can only serve to prejudice the jury, they wrote.

    Tsantes and Johnson also moved to declare the state’s death penalty statute unconstitutional. The determination of whether aggravating circumstances are sufficient to elevate the sentence are made by a judge, not by jury, which violates Powell’s due process rights, they wrote.

    Powell’s five-week trial by jury is set to begin Monday, Oct. 11. In April, Graves denied a motion for a change of venue, saying the flurry of publicity surrounding Spicer’s shooting was not sufficient reason to move the trial north.

    http://www.capegazette.com/storiescurrent/20100701-15/13000-powell.html

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    July 16, 2010

    Powell asks court for money to research past

    Derrick Powell, the Cumberland, Md. man accused of fatally shooting Georgetown Patrolman Chad Spicer, has asked Superior Court to spend $2,500 to research his personal life.

    The money was requested to pay Gary Marshall, a private investigator with Shore Investigative Services in Dover, to delve into Powell’s background for evidence that could be useful to Stephanie Tsantes and Dean Johnson, Powell’s attorneys.

    “In order to ensure that the client is appropriately represented, counsel must undertake a detailed investigation of the client’s background, including an analysis of his personal, familial, medical, educational, neurological and psychological histories,” the motion reads. “The information gleaned from this investigation must then be incorporated into the overall case strategy.”

    http://www.capegazette.com/storiescurrent/20100716-31/20008-spicer-powell.html

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    July 21, 2010

    Prosecutors seek to link shooting charges, police death

    Prosecutors say Derrick Powell should face charges simultaneously for a shooting at the Georgetown McDonald's and for the killing of a town police officer shortly thereafter.

    Defense attorneys had argued that the shooting and murder charges should be separated because they are not related and because the jury would infer from the McDonald's charges that Powell "simply must have shot Officer [Chad] Spicer."

    But prosecutors countered in a response released Tuesday that the two incidents last September were directly connected and, in fact, it was necessary to link the two at trial.

    "The circumstances involving the murder of Officer Spicer cannot logically be presented without reference to the immediately preceding events at McDonald's, which provide the context for the police pursuit of the vehicle which ultimately placed the officers in danger," deputy attorneys general Paula Ryan and Martin Cosgrove wrote.

    A hearing will be held in mid-August on a separate motion to suppress statements made by Powell after his arrest, with defense attorneys saying he was beaten and kicked by police. Prosecutors have not yet responded to that motion.

    Superior Court Judge T. Henley Graves is expected to rule this week on a defense motion challenging the constitutionality of Delaware's death penalty statute. Another defense motion is pending to block the state from seeking the death penalty, as it has said it will do.

    Powell has been charged with first-degree murder in Spicer's death and second-degree assault for allegedly firing the single shot that also wounded Spicer's partner, Cpl. Shawn Brittingham, as well as burglary, resisting arrest, attempted robbery, reckless endangering and possession of a firearm during a felony. A jury trial is slated to begin Oct. 11.

    http://www.delmarvanow.com/article/20100721/NEWS01/100721004/1002/rss

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    Death penalty fits Spicer shooting

    Prosecutors have made their case for pursing the death penalty against Derrick Powell, a Cumberland, Md. man charged in the fatal shooting of Georgetown Patrolman Chad Spicer.

    Attorneys representing Powell filed a motion June 30, to preclude the state from seeking the death penalty, saying the 23-year-old’s reckless state of mind makes the death sentence cruel and unusual. In their response, deputy attorneys general Paula T. Ryan and Martin Cosgrove said the murder of a police officer automatically makes any reckless killing eligible for the death penalty.

    “The aggravating factor or element that makes this offense capital-eligible is that the murder is committed against a law enforcement officer during the performance of his official duties.”

    Powell allegedly shot Spicer in the face with a 9 mm handgun Sept. 1, 2009, killing the officer within minutes. Attorney General Beau Biden announced June 29 his office would seek the death penalty for the officer’s killing. Defense attorneys Stephanie Tsantes and Dean Johnson argued Powell was charged with recklessly killing Spicer. By definition, they said, the charge lacks the element of intention required to merit the death penalty. Citing a 1985 Delaware Supreme Court decision, Whalen v. State, Ryan and Cosgrove said the aggravating circumstance of killing a police officer places Powell squarely within the category of capital-eligible murder.

    “Under Delaware law, these ‘circumstances of enhanced culpability’ specifically render the defendant eligible for the death penalty,” they wrote.

    In another motion, Tsantes and Johnson seek to separate a prior incident at McDonald’s restaurant in Georgetown from Spicer’s shooting. Delaware State Police say Powell tried to rob Darshon Adkins in the McDonald’s parking lot in a drug deal gone sour. Asking the jury to consider the robbery alongside the Spicer shooting might prejudice them against Powell, Tsantes and Johnson argued.

    Ryan and Cosgrove said the two cases were too linked in time, circumstance and evidence to separate. “Since the McDonald’s incident and the Spicer shooting occurred so close in time,” they wrote, “evidence and testimony concerning the defendant’s physical description, his actions, his statements, his clothing, his possession and use of the handgun and his connection to the vehicle and its occupants are inextricably intertwined in both incidents.”

    Powell’s attorneys also moved to declare Delaware’s death penalty statue unconstitutional. Judge T. Henley Graves said the motion was identical to one submitted to Superior Court in a previous case. Seeing no need to re-analyze the issue, he denied the motion Wednesday, July 21.

    “I am not being critical of the defense in any way because I realize they must cover all bases in the event of a conviction and potential imposition of the death penalty,” Graves wrote.

    A handwritten motion mailed to Graves July 13 requested money to hire a private investigator to research Powell’s past. It was unclear who authored the motion: though it bore Tsantes’ name, it was mailed from James T. Vaughan Correctional Center in Smyrna, where Powell is incarcerated. Tsantes declined to comment on the motion and its origin.

    A letter from Graves to Tsantes filed July 21, describes the motion as being submitted pro se, meaning it was submitted by Powell. Powell faces an evidentiary hearing on a motion to suppress evidence Thursday, Aug. 12. His five-week trial by jury is scheduled to begin Oct. 11.

    http://www.capegazette.com/storiescurrent/20100716-31/23021-spicer-death.html

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    August 10, 2010

    Motion withdrawn in cop-killing case

    Attorneys for the man accused of killing a Georgetown police officer have backed away from a request that statements by their client be barred from trial because he was beaten by police after his arrest last September.

    Public defenders for Derrick Powell withdrew a motion to suppress his statements to police in advance of a hearing scheduled for later this week.

    Defense attorney Stephanie Tsantes declined to comment Monday on the reason for the withdrawal.

    The allegation that Powell was punched and kicked repeatedly by police officers was included in a motion filed last month by Tsantes and colleague Dean Johnson.

    It stated that Powell was "kicked in the chest, repeatedly punched in the arm, face, chest area for several minutes [and] stun gunned in the arm at the hands of multiple police officers from state and local municipalities."

    A hearing on the motion scheduled for Thursday has been canceled.

    In Powell's booking photograph taken after his arrest in the death of Patrolman Chad Spicer, he had clear marks on his face -- bruises, scratches, cuts and large red splotches on his left cheekbone and forehead.

    A state police spokesman said last year that Powell was injured in a fight with officers, as he resisted when they tried to take him into custody. And during a preliminary hearing last fall, state police Detective Robert Hudson testified that Powell gave two explanations for the bruises -- first that they had happened while he was in Maryland, and later that they had been inflicted when he was taken into custody.

    The motion also claimed that a state trooper took a circuitous route to Troop 4 to get Powell to speak before he had been read his Miranda rights.

    "Any statements made were the product of [Powell's] beating at the hands of multiple police officers and were not knowingly, intelligently or voluntarily made," the motion stated.

    Powell's trial is set to begin in October. He faces the death penalty if convicted.

    Powell has been charged with first-degree murder in Spicer's death and second-degree assault for allegedly firing the single shot that also injured Spicer's partner, Cpl. Shawn Brittingham, as well as burglary, resisting arrest, attempted robbery, reckless endangering and possession of a firearm during a felony.

    http://www.delawareonline.com/article/20100810/NEWS01/8100331/1006/NEWS

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    August 13, 2010

    Cop slaying defendant will plead insanity

    Attorneys for Derrick Powell, the man accused of killing a Georgetown police officer last year, have said he will use an insanity defense at trial this fall.

    Public defenders Stephanie Tsantes and Dean Johnson notified the court of the strategy in a one-line document filed Thursday.

    It states Powell will "rely upon the affirmative defense of insanity at the time of the alleged offense."

    No details were given. The defense team has until Aug. 30 to file a report on the matter, according to court records.

    The defense team recently withdrew a motion to bar Powell's statements to police officers from evidence. The motion said that anything he said after his arrest last September should be precluded in part because Powell was repeatedly punched and kicked by the arresting officers.

    Prosecutors have said they will seek the death penalty in the case. His trial is scheduled to begin in October.

    Powell has been charged with first-degree murder in Patrolman Chad Spicer's September death and second-degree assault for allegedly firing the single shot that also injured Spicer's partner, Cpl. Shawn Brittingham, as well as burglary, resisting arrest, attempted robbery, reckless endangering and possession of a firearm during a felony.

    http://www.delawareonline.com/article/20100813/NEWS01/8130314/1006/NEWS

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    September 3, 2010

    Community remembers fallen officer

    One year has passed since the death of Patrolman Chad Spicer, yet the sting of senseless tragedy still lingers and the community continues to build upon the fallen officer's legacy

    It's been a tough year and (the anniversary) was a tough day for a lot of people," said Mayor Brian Pettyjohn. "This is something that really affected Georgetown. The community, which includes all of Sussex County, will never forget what happened."

    Bruce Spicer, the fallen officer's brother, said there were no plans to mark the anniversary except for some family members attending a Blue Rocks game Sept. 1 for a tribute.

    Spicer was shot and killed during a traffic stop in the Kimmeytown district on Sept. 1, 2009. Fellow officer Cpl. Shawn Brittingham, 31, of Millsboro was struck by a fragment of the same bullet but escaped with minor injuries.

    Resident Matt Walsh described Spicer's death as a tragedy.

    "Some people that live here, including myself, have never seen something like this," he said. "On the positive side, it brought the community together in a lot of ways, particularly in the effort to help his daughter."

    There have been several fundraisers held for Aubrey Spicer, who was 3 years old when her father died.

    "I'm very proud of the Georgetown Police Department and the community for coming together and remembering (Spicer) in helping out his family and his daughter," Pettyjohn said. "I can trust that both of these groups will continue to help the family."

    Pettyjohn said he hopes to construct a memorial to honor Spicer and other officers.

    "Harvey Gregg, a former police chief, died of a heart attack while on duty in April 1998," he said. "We'd like to get away from only remembering (Spicer), and move toward remembering all fallen law enforcement officers, especially the two from Georgetown."

    Brittingham and Spicer responded to a report of gunfire at the Route 113 McDonald's. They located the vehicle in question and pursued it for a few blocks before it abruptly stopped. Both officers were still in the vehicle when the fatal shot was fired.

    Derrick Powell, the alleged shooter, was arrested after the incident while the driver of the vehicle, Christopher L. Reeves, 20, fled. He turned himself in four days later.

    In March, Reeves was sentenced to three years behind bars.

    Powell's trial was slated for Oct. 11 in Sussex County Superior Court; however, in court records released Sept. 1, his attorneys requested the trial be postponed until they can do more research to support their client's insanity defense.

    Public defenders said in court records that, despite their best efforts, they require more time to conduct a full background and mental health assessment of Powell, who faces the death penalty if convicted.

    Attorney General Beau Biden spoke with the family Sept. 1, but did not discuss the postponement, a spokesman said.

    "This has no effect on our continued prosecution of the defendant," Biden says.

    The defense team has asked the trial be delayed until early January.

    "There's a sense of outrage in the delay to bring justice to (Spicer's) killer," Walsh said. "I'm certainly outraged."

    Powell has been charged with first-degree murder and second-degree assault for allegedly firing the single shot that also injured Brittingham. He also faces charges of burglary, resisting arrest, attempted robbery, reckless endangering and possession of a firearm during a felony.

    http://www.delmarvanow.com/article/20100903/NEWS01/9030307/1002/rss

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    Derrick Powell, accused of killing cop, withdraws insanity defense

    The man charged with gunning down a Georgetown police officer last year has withdrawn his insanity defense.x

    Attorneys for Derrick Powell, who faces the death penalty in connection with the killing of Patrolman Chad Spicer, had said this summer that they would pursue an insanity defense. But in court documents released Tuesday, they backed off, providing no details as to why.

    Powell's public defenders and state prosecutors declined to comment but will meet with Powell and Superior Court Judge T. Henley Graves in a closed-door office conference this morning to discuss the issue.

    "The withdrawing of this defense is done with the consent of the client after numerous discussions and meetings with him," public defender Stephanie Tsantes wrote in a letter to Graves.

    She apologized to Graves for any inconvenience caused by the last-minute withdrawal, but noted that "we wanted to give our client a full opportunity to consider his options after reviewing any prospective reports we recently received from our mental health experts and forensic experts."

    Powell's trial, originally set for October, was rescheduled to January after his defense team said they needed more time to do research for the insanity defense. They said in court records that they required more time to conduct a full background and mental-health assessment.

    Powell has been charged with first-degree murder in Spicer's death and second-degree assault for allegedly firing the single shot that also wounded Spicer's partner, Cpl. Shawn Brittingham, as well as burglary, resisting arrest, attempted robbery, reckless endangering and possession of a firearm during a felony.

    Powell's attorneys have made an argument and then pulled back before. They originally contended that his statements to police should be barred -- saying that anything he said after his arrest should be excluded, in part because he was repeatedly punched and kicked by the arresting officers -- but later withdrew the motion.

    http://www.delmarvanow.com/article/2...sanity-defense

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    Trial set to begin in Sussex homicide

    When Derrick Powell enters the Sussex County Courthouse this morning, he will be fighting for his life.

    Powell, 23, is set to go on trial for firing the shot that killed Georgetown Patrolman Chad Spicer more than a year ago on a residential street in this quiet, close-knit town.

    Since then, he has been held at Vaughn Correctional Center near Smyrna, working with his public defenders to craft a defense -- including a failed try to get the trial moved out of Georgetown, where Spicer grew up, and an aborted attempt at an insanity defense.

    Observers say the most important part of Powell's defense will come today, when the process begins to pick the 12 men and women who will be sitting in judgment.

    "Jury selection is critical," said trial consultant Dennis Elias, who heads Arizona-based Litigation Strategies Inc. "It's the only time you get to uncover and discover aspects of the attitudes and experiences that the panelists have, that can and do shape their ability to be open-minded."

    Powell has been charged with first-degree murder in Spicer's death and second-degree assault for allegedly firing the single shot that also wounded Spicer's partner, Cpl. Shawn Brittingham, as well as burglary, resisting arrest, attempted robbery, reckless endangering and possession of a firearm during a felony.

    The jurors in Powell's case could have to decide on his guilt or innocence and the death penalty. Most of the selection process for those jurors will occur outside public view, said retired Delaware Superior Court Judge Bill Lee.

    In capital murder cases where the prosecution is seeking the death penalty, individual jurors are given a questionnaire, and then are quizzed individually in private, he said.

    "You don't want the other jurors to go to school on the process," figuring out which answers will get them excused or included, Lee said.

    "We would prefer the answers to be both spontaneous and personal," Lee said.

    Just what questions will be asked of jurors is unknown. The questions that Judge T. Henley Graves will ask and what is on the jury questionnaire, though included in court records, are not public documents, according to the Sussex prothonotary's office.

    The course of the trial is difficult to ascertain. Neither side is talking, and neither is Spicer's family. There have been few clues released in public court documents. Graves has ordered many documents sealed.

    Standard topics that come up during the question-and-answer process known as voir dire include whether jurors have heard anything about a case in the media, whether they've formed opinions about the defendant, a juror's attitude about the police and whether a family member has been a murder victim, Lee and Elias said.

    A separate line of questioning in Powell's case will involve the death penalty. Only jurors who say they could vote to impose a death sentence are permitted on such a jury, known as a "death-qualified" jury.

    That's crucial for the prosecution, Elias said, because the state needs to have a unanimous vote.

    "If one person holds out, simply because they disagree with the penalty, it can shape the entire trial," he said.

    Lee said the questioning about the death penalty can get very detailed and complicated, including asking people who may be opposed to death if they could impose that sentence if the law warranted it.

    "It's a very intellectual question about an emotion," he said. "You delve into that as many ways as you can to try and get an answer that will ensure the defendant a fair trial."

    Anna Poulin, a professor at Villanova Law School, said that a death-qualified jury inherently leans more toward the state.

    "What you end up with is a jury that's also more conviction-prone," she said. "That process benefits the prosecution."

    Attorneys for both sides have input into the questions, but the judge controls the process, Lee said.

    "I would decide then whether to ask them or not," Lee said. "The whole process is controlled by the judge. It eliminates any cross-examination or any of the tactics that lawyers use in courtrooms."

    Court records show both sides have suggested changes to questions drafted by Graves, but the details are not public records.

    Both sides will have a certain number of "strikes" that they can use to exclude a juror -- strikes for cause, in which they have to state a reason, and pre-emptory strikes, which can be used without a reason.

    But, Poulin cautioned, "that's not a lot when you've got a case with a lot of notoriety."

    Experts say there's no generally accepted profile or demographic characteristics of what makes a good prosecution juror versus a good defense juror, experts said.

    "You can't say that a teacher or a clergyman would be a bad juror for the prosecution, any more than you could say a conservative male over 55 would be a good prosecution juror," Elias said. "There's no demographic profile that's predictive."

    Lee agreed. "I've sat at enough trials to understand the jurors don't always do what you expect them to do," Lee said. "So it's an imprecise science at best."

    Poulin said attorneys often cite their instincts and experience in deciding which jurors to strike. "What you have is lawyers going on their gut," she said.

    In April, Graves rejected Powell's attempt to move the trial, with his attorneys citing pretrial publicity in the case. Defense attorneys had cited a poll that reported about 70 percent of eligible Sussex jurors believed their client was guilty. More than 94 percent of Sussex residents were familiar with the case, according to the poll conducted by the University of Delaware's Center for Applied Demography and Survey Research.

    Lee said that the change-of-venue motion could be renewed if a jury can't be seated.

    Spicer died Sept. 1, 2009, after a chase from The Circle in Georgetown to the Kimmeytown neighborhood. Police said Brittingham rammed the suspects' car with his police cruiser to stop it.

    Authorities say driver Christopher Reeves jumped out and ran and Powell fired a single shot from the back seat of the car. It hit Spicer, who was in the cruiser's passenger seat, in the face. Brittingham was hit in the neck by a bullet fragment.

    A third man in the suspects' car, Luis Flores, tried to help Spicer. He was questioned and released.

    Reeves turned himself in after nearly four days of hiding in the woods. As part of a deal struck last year, Reeves will testify against Powell. Reeves was sentenced to three years behind bars, suspended if he completes the state's boot camp program and then enters a residential substance-abuse program. He completed the boot camp program in October, according to court records.

    Powell, of Cumberland, Md., was taken into custody a few minutes after the shooting. He was found holding a 9 mm pistol, a Colt model 2000 semiautomatic with a live round in the chamber and three in the magazine, a state police homicide detective testified at Powell's preliminary hearing in September 2009.

    At the hearing, state police Detective Robert Hudson testified that Powell told police "that he wasn't going to be beat up by crackers any more, and he would be willing to take responsibility for what he did." The statement was caught on a trooper's in-cruiser camera while Powell was being taken to state police Troop 4, Hudson testified.

    Delaware has not dealt with a murder case involving a police officer in decades. In 1972, when Marilyn Dobrolenski shot and killed two Delaware state troopers on Concord Pike, Pennsylvania heard the case because they were killed just over the line.

    She pleaded guilty and was given the death penalty, a sentence later changed to two consecutive life sentences by the U.S. Supreme Court.

    http://www.delawareonline.com/articl...ussex-homicide

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