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Thread: Marlon Duane Kiser - Tennessee

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    Marlon Duane Kiser - Tennessee


    Deputy Sheriff Donald Bond




    Summary of Offense:

    Marlon Duane Kiser was sentenced to death on November 20, 2003 for the September 6, 2001 first-degree murder of Deputy Sheriff Donald Bond, who was shot several times with a high-powered assault rifle when he interrupted Mr. Kiser’s arson attempt at a Chattanooga fruit stand.

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    May 13, 2009

    Sentence For Killer Of Deputy Bond----Execution Of Marlon Duane Kiser Set May 19, 2010

    The Tennessee Supreme Court has upheld the death sentence of Marlon Duane Kiser for the 1st-degree pre-meditated murder of Hamilton County Deputy Sheriff Donald Bond.

    Kiser shot Deputy Bond several times with a high-powered assault rifle when Deputy Bond interrupted Kiser's arson attempt of a Chattanooga fruit stand on Sept. 6, 2001.

    In a unanimous opinion authored by Justice Cornelia A. Clark, the court reiterated that a criminal defendant facing the death penalty may waive his or her right to present mitigating evidence so long as the record establishes that the waiver is intelligent, knowing,and voluntary.

    During the sentencing phase of his capital trial, Kiser, against the advice of his counsel, waived his right to present mitigating evidence. However, on appeal, he claimed the process for determining the validity of his waiver violated his constitutional rights. He contended that the trial court failed to make adequate inquiry into his competence to waive this right.

    The Supreme Court held that, in the absence of a request, and without adequate proof of a defendant’s incompetence at the time, a trial judge is not required to conduct a competency hearing before allowing a defendant to waive his right to present mitigating evidence.

    The defense also argued that even a competent defendant should not be permitted to decide how he wants his sentencing hearing to be conducted. The Supreme Court determined, however, that the procedural requirements of State v. Zagorski were still valid and had been met in this case.

    "Defendant gave significant thought to his alternatives," Justice Clark wrote. "Defense counsel may disagree with their client…Nevertheless, this court will not deprive a defendant, capital or otherwise, of his or her critical choices with respect to his or her trial.

    "Kiser also asserted that the prosecution rejected potential jurors based on race. The prosecution exercised 9 of its 19 challenges on minorities.

    "The trial court noted that 4 of the jurors selected to serve were African American, and 2 of them 'were the very first ones placed in the jury box.'"

    The jury selected to hear the case ultimately included 6 minorities. Justice Clark held that the prosecution dismissed jurors based on their personal beliefs about the death penalty, not based on race. Thus, no violation was found.

    The Supreme Court also rejected all of the other issues raised in Kiser's automatic appeal. The court held that the sentence was not imposed arbitrarily, nor was the sentence excessive or disproportionate.

    The Court also reaffirmed the constitutionality of Tennessee's current lethal injection protocol.

    The Supreme Court set Kiser's execution date at May 19, 2010.

    (Source: The Chattanoogan)

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    Death row inmate wants evidence review

    An attorney for Marlon Duane Kiser, a Chattanooga man who was scheduled to be put to death in May for the 2001 murder of a Hamilton County sheriff's deputy, has asked a judge for permission to review evidence in the nearly decade-old case.

    Kiser's attorney, Rick Haberman, said a fresh look at all the physical evidence could show Kiser didn't shoot and kill Donald Bond.

    "We believe there are real questions to his innocence in this case," said Haberman, who according to court documents is based out of Detroit.

    Timeline:

    * September 2001: Hamilton County Sheriff's Deputy Donald Bond is found shot to death in the parking lot of a fruit stand on East Brainerd Road. Suspect Marlon Duane Kiser is arrested and charged with first-degree murder.

    * November 2003: Kiser is convicted of first-degree murder and sentenced to death.

    * July 2004: Kiser files an appeal for a new trial because he says he received ineffective counsel.

    * October 2004: The Public Defender's Office is removed from handling Kiser's appeal.

    * August 2005: A judge denies a new trial for Kiser.

    * May 2009: The Tennessee Supreme Court upholds Kiser's death sentence and execution is set for May 2010.

    * May 2010: Kiser's execution date is delayed after his lawyers file a petition.

    * October 2010: A judge rules that Kiser's lawyers can review all physical evidence in the case.

    Source: Chattanooga Times Free Press archives

    Hamilton County Criminal Court Judge Don Poole ruled Monday that Kiser's attorneys could review evidence being kept by the Criminal Court Clerk's Office. Neither Kiser nor his attorneys were in court for the ruling.

    According to the motion, officials in the clerk's office said Kiser's attorney needed a judge's order before they allowed him to inspect records.

    "The petitioner respectfully requests that the court order the Hamilton County Criminal Court Clerk to make available ... for inspection all items of physical evidence which the clerk has in its possession related to the investigation, trial and conviction," the motion states.

    District Attorney Bill Cox, who tried Kiser's case in 2003, said he still believes the jury made the right decision.

    "There was a lot of forensic evidence," he said. "The evidence was heard by a jury and reviewed by the Tennessee Supreme Court and was overwhelming."

    In May 2009, the Tennessee Supreme Court upheld Kiser's death sentence.

    "Kiser's death penalty was put off by his post-conviction petition," Haberman said.

    Haberman said he didn't want to "reveal his strategy" but plans to interview witnesses. A hearing is scheduled for April 2011, he said.

    According to police and prosecutors, Kiser ambushed Bond in the early morning of Sept. 6, 2001, and riddled him with bullets from a high-powered assault rifle when the deputy interrupted Kiser's attempt to set fire to a fruit stand on East Brainerd Road.

    Kiser's roommate at the time, James Michael Chattin, testified that Kiser awakened him that morning and bragged that he had killed a police officer.

    He said Kiser showed him an assault rifle, a police weapon and part of a bullet-proof vest. Bond was found dead in the parking lot of the fruit stand with part of his vest and weapon missing.

    A forensic analysis by the Tennessee Bureau of Investigation showed that bullet fragments removed from Bond's body during an autopsy and shell casings taken from the crime scene were fired from an assault rifle owned by Kiser.

    Since being convicted of first-degree murder and sentenced to death in 2003, Kiser has tried to argue that the public defenders office provided ineffective counsel and that he wasn't competent to make decisions during the trial.

    During the penalty phase of his trial, Kiser refused to allow his attorneys to present mitigating evidence, such as information about his mental health background, that could have helped him avoid the death penalty.

    "It is my belief that there is nothing that can be said on my behalf or by anyone that knows me to change anybody's mind," he said, according to Chattanooga Times Free Press archives.

    http://www.timesfreepress.com/news/2...idence-review/

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    Appeal set for cop killer in Hamilton County

    An appeal has been set for a condemned cop-killer in Hamilton County.

    Marlon Kiser is on death row for the 2001 murder of Deputy Donald Bond, at an East Brainerd fruit stand.

    An Appeals Court granted a stay of execution, because Kiser's attorney wants to review evidence he says, could prove Kiser didn't kill Deputy Bond.

    Evidence presented at trial was overwhelmingly against Kiser.

    Judge Don Poole set a date for the hearing to take place, October 24th.

    http://www.wrcbtv.com/Global/story.asp?S=14384578

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    Competency Evaluation Ordered For Death Row Inmate Seeking To Fire Attorneys

    “If You Are Competent, You Can Fire Them,” Judge Poole Tells Marlon Duane Kiser

    Marlon Duane Kiser, the Chattanooga man on death row for the 2001 murder of Hamilton County Sheriff's Deputy Donald Bond, is seeking court permission to fire his attorneys.

    The lawyers, in turn, contend that some of the demands Kiser has made regarding his defense bring his competency into question.

    Criminal Court Judge Don Poole, in court Monday morning, said a number of the charges Kiser has lodged against the lawyers cause him concern.

    “I think it’s in everybody’s best interest that his competency be evaluated,” the judge said.
    He scheduled a hearing on Sept. 24 to review examiners’ findings regarding Kiser’s legal status.

    “If you are competent, (then) you can fire them,” the judge told Kiser, who represented himself from a seat in the jury box during the colloquy in court.

    Earlier, in a 10-page handwritten letter to Judge Poole, the convicted killer said his attorneys are refusing to follow his directions on how to handle his case.

    Kiser noted that before he signed documents accepting Rick Haberman as his lead counsel, the attorney “signed a contract stating that if I was displeased with his performance in any way, or if he submitted any documents against my wishes, he would remove himself from my case.”

    However, the inmate continued, Haberman’s co-counsel – Autumn Gentry – has ignored his demands that she remove some of the mitigation claims in a petition filed with the courts.

    “I had informed Ms. Gentry that . . . at least one claim was completely fictitious . . . and did not my approval, and I wasn’t signing that particular petition until the changes had been made,” he noted in the letter to Judge Poole. “I had also instructed Ms. Gentry that if she had sent that petition to the courts on my behalf as it was, she and Mr. Haberman were fired.”

    Source
    No murder can be so cruel that there are not still useful imbeciles who do gloss over the murderer and apologize.

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    Marlon Kiser returns to court for post conviction hearing

    CHATTANOOGA, TN (WRCB) - Death row inmate Marlon Kiser was back in Hamilton County Court Monday afternoon. He's convicted of shooting and killing Hamilton County Deputy Donald Bond in 2001 and was sentenced to death in 2003 and has been appealing ever since. But even the Tennessee Supreme Court has upheld his sentence.

    "It's essentially the last procedural step as far as being convicted that you have to argue before the courts that you are unjustly convicted or unjustly tried," said Neal Pinkston.

    Kiser claims his public defenders made several major errors during trial that could have helped prove his innocence.

    "I felt like in my heart that I was talking directly to the killer that killed that cop in East Brainerd," said Mike Herd.

    Mike Herd says Mike Chattin, Kiser's roommate, told him he had killed a police officer before.

    Chattin was the prosecution's key witness against Kiser, but has since died.

    Herd says he called the public defender's office before the trial saying he knew information.

    But he wouldn't give his name. When asked why Monday, he said simply, no one asked.

    "I thought it should matter somewhat, to somebody. Nobody seemed to care," said Herd.

    "He said he was going to shoot the cop," said Pamela Treadway

    Pamela Treadway was a neighbor who testified in Kiser's original trial. But she admitted she'd lied to police during the investigation. The state is confident Kiser's conviction will stand.

    "The state has confidence that those prior rulings are strong, as well as the conviction at trial based on the evidence that was presented at all levels," said Pinkston.

    http://www.wrcbtv.com/story/26362230...iction-hearing

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    Attorney Says Member Of DA Staff Said She Was Having Sex With Judge At Time He Was Presiding Over Kiser Death Penalty Case

    An attorney testified Monday that a member of the District Attorney's staff told him she was having sexual relations with the judge in her division at the time of the Marlon Duane Kiser death penalty case.

    Attorney Hank Hill said he and his wife ran into Cindy Richardson, former victim/witness coordinator in the courtroom of Criminal Court Judge Steve Bevil, at the North Shore Crab House. He said it was on Frazier Avenue in North Chattanooga in late 2003.

    Attorneys seeking a new trial for Kiser in the 2001 murder of Hamilton County Deputy Donald Bond are raising the issue of the alleged affair.

    Ms. Richardson also testified Monday, saying she and Judge Bevil often talked - mainly about spiritual matters - but did not have a sexual relationship.

    Judge Bevil died in 2005 after a long bout with cancer.

    Attorney Hill said Ms. Richardson "asked my wife to step away with her. They talked a few minutes, then came back out and Cindy continued to talk."

    The attorney said, "She said she was having a relationship with Judge Bevil." He said Ms. Richardson said it "was a secret." He said, "I thought that was kind of interesting" since she was openly talking about it.

    He said Ms. Richardson "had consumed some alcohol" at the time.

    Attorney Hill said Ms. Richardson told of an incident where there was a Kiser hearing underway before Judge Bevil and she leaned over to talk to prosecutor (now Judge) Barry Steelman and put her hand on his shoulder. She said Judge Bevil then took a recess and called her into his chambers.

    Attorney Hill said Ms. Richardson said she "had sex with him."

    Judge Steelman was called as a witness, and he said he never discussed with Ms. Richardson anything about her relationship with Judge Bevil. He did say he went with then-District Attorney Bill Cox to the public defender's office to tell defense attorneys in the case that Ms. Richardson had been fired after the alleged relationship was discovered.

    Judge Steelman said, "Mr. Cox was concerned that some relationship existed perhaps between Ms. Richardson and the presiding judge."

    Ms. Richardson, who said it was her first time back to the courthouse since her firing, said, "I liked Judge Bevil. He was a nice man."

    She added, "We were friends. I liked him a lot."

    Asked if they had a sexual relationship, she said, "No. He's dead right now."

    Ms. Richardson said Judge Bevil was "a very spiritual man. He liked to talk a lot about religion."

    She said there were no sexual advances from him and no hostile work environment.

    Ms. Richardson said she had no involvement in the Kiser case. She was asked about attending a meeting about the case at police headquarters. She said she did go to a meeting there, but was asked to step out of the room. She said she was "low man on the totem pole."

    On her name being on some letters relating to the case, she said those were "form letters."

    Ms. Richardson said her dismissal came after she attended the District Attorneys Conference in Memphis, where "there was a lot of alcohol."

    However, she denied she made statements about the alleged affair at the conference.

    She said she was called into the office of DA Cox on the Tuesday after the trip and "he asked me to resign."

    She said she did not ask why. She said, "I was happy to go."

    She added, "I said OK and I left. I've never been back until today."

    Ms. Richardson said, "This courthouse is really toxic." She said Judge Bevil told her, "You really don't want to work here."

    She said of the court, "There's a lot of murderers and rapists and a lot of negativity."

    At one point she said she asked prosecutor Steelman about getting transferred out of the Bevil court to the second floor. She said he told her, "We need you up here."

    Ms. Richardson was asked if she and her husband, attorney Mike Richardson, had "an open marriage." Judge Don Poole said she did not have to answer the question after an objection was raised by current DA Neal Pinkston.

    An angry attorney Richardson was called to the stand at the post-conviction hearing. He told the defense attorneys, "I hope you enjoy this public spectacle." He called raising the issue of the alleged affair "nonsense."

    He said his wife left the court post "because she got tired of the rat race in Criminal Court and having to listen to stuff like this."

    Attorney Richardson earlier asked Judge Poole to quash his wife's subpoena, but he declined to do so.

    Mary Ann Green, one of the original attorneys for Kiser, said she sat in on the meeting in which DA Cox and prosecutor Steelman came to the public defender's office to tell that Ms. Richardson had been fired.

    She said, "It was very unusual for Mr. Cox and Mr. Steelman to come to the public defender's office. I had no idea what it was about. It was like a bolt out of the blue - it was so unexpected."

    Ms. Green said DA Cox stated that one of his employees at the DA Conference "made statements about a relationship between her and Judge Bevil."

    She said he stated that Ms. Richardson said Judge Bevil "told her things about the case."

    Ms. Green said DA Cox "implied that it was a sexual affair" between the employee and the judge, and said Ms. Richardson had told some at the conference that "she could get him to do anything she wanted him to do."

    Ms. Green said the issue was not raised during the case because "I held Judge Bevil in such high regard. There had been rumors over the years of sexual impropriety, but he was such a good judge. I did not believe that anyone could have held sway over Judge Bevil over a sexual affair."

    http://www.chattanoogan.com/2014/11/...taff-Said.aspx

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    Kiser Takes Witness Stand For First Time; Says He Did Not Kill Deputy Donald Bond

    Marlon Duane Kiser took the witness stand at his post-conviction hearing on Tuesday to declare that he did not kill Deputy Donald Bond, who was gunned down at a produce stand in East Brainerd 13 years ago.

    Kiser had not opted to go on the stand when he was convicted by a Nashville jury and given the death penalty in 2003.

    He said he believes it was Mike Chattin, the man he was living with, who actually carried out the murder and then framed him. Chattin has since died.

    Kiser said he wanted to testify at his trial, but he said his attorneys did not prepare him for it and continually pressed him to take a guilty plea.

    He said, "I was green and I was not prepared. I said at least three times that I wanted to testify."

    Kiser said he first met Chattin when he was 17 and was working for Red Food. He said he would talk to Chattin outside as he waited for his wife to get groceries.

    He said after he moved back to Chattanooga he spotted Chattin coming out of a liquor store at a Food Lion shopping center and yelled to him. He moved in with him on East Brainerd Road near the end of May or early June 2001.

    Kiser said he was with Chattin on one occasion when Chattin stopped to talk with Charlie Sims, who had a produce stand near where the Bond slaying would later occur. He said Sims was blaming the produce dealer across the road, Rick Nunley, for burning down his earlier stand.

    He said Chattin wanted to help Sims by burning down the Nunley stand and "dragging him up and down the road."

    Kiser said, "I tried to tell him that it wasn't his fight and he should just stay out of it."

    Kiser claimed that while he stayed with Chattin there was frequent traffic of those buying drugs from Chattin. He said Chattin was waiting on a workers compensation settlement and was not working.

    Kiser said he had never heard of Officer Bond prior to the murder. He said Chattin believed there was an officer who had an affair with his wife. He said Chattin "was outraged about that." He said the wife left and went to California, and Chattin was trying to get her back. He said, in the meantime, Chattin had a girlfriend, Carol Bishop.

    He said Chattin talked about carrying out robberies at three nearby churches, saying they had a lot of jewelry as well as money in the collection plate. He said Chattin also had plans for robbing a bank in Dalton.

    Kiser claimed he had given his assault rifle to Chattin because he owed him for rent. He said Chattin already had six rifles a pistol and "gobs of ammunition."

    Kiser said he himself was "petrified" of police after several run-ins with them. He said he was near getting a settlement in Federal Court after suing officers who had allegedly used excessive force on him. He said he expected to get at least $90,000.

    On the day before the Deputy Bond slaying, Kiser said he was at the home of girlfriend Beverly Mullis when Chattin called saying he was depressed and wanted him to come over. He said he went with Chattin, who stopped to get him his favorite beer.

    Kiser said the beer "began calling my name" so he decided to stay the night at Chattin's home rather than risk getting a ticket and losing his license that allowed him to drive a dump truck.

    He said Chattin, Murphy Cantrell and Carl Hankins were remodeling the house that day. He said Cantrell and Hankins left around 10 and Chattin went to get his girlfriend, Ms. Bishop.

    Kiser said Chattin and Ms. Bishop later left. He said Chattin had the assault rifle with him.

    Kiser told of later hearing a number of police cars go by. He said he went outside and talked to a female neighbor about it. He said he then went to sleep. He said after he woke up, he went to toward Chattin's truck, and an officer hollered for him to "get down."

    http://www.chattanoogan.com/2014/11/...For-First.aspx

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    Attorneys make final appeal for convicted killer of deputy Donald Bond

    It's been nearly 13 years since Marlon Kiser was sentenced to death for the murder of Hamilton County sheriff's deputy Donald Bond. His appeal process has stretched on for more than a decade, and Monday marked his last chance to present evidence he hopes will overturn his conviction.

    "Exonerate me or kill me," Kiser told Hamilton County Criminal Court Judge Don Poole.

    In fact, Kiser's post-conviction petition for relief doesn't exactly ask Poole to exonerate him. It lists examples of what Kiser and his attorneys call ineffective assistance of counsel. Essentially, they are asking Poole to rule that Kiser's public defenders didn't adequately represent him and that their inadequacies would have changed the outcome of his trial.

    On Monday, a former juror said that's exactly what happened.

    Deborah Slate said she never heard the testimony of Mack Heard, a man who worked undercover with law enforcement and said at an August hearing that he believed Kiser's roommate, Mike Chattin, was responsible for Bond's death. Chattin is now dead.

    Slate said that if she'd heard Heard testify, she never would have convicted Kiser.

    District Attorney General Neal Pinkston objected to her testimony, saying it was unfair to ask a juror to predict how the outcome of a case might have differed given evidence that was never introduced.

    But Slate's testimony Monday goes to the heart of Kiser's attorneys' argument: that his public defenders failed to dig up or pursue evidence that would have proven Kiser was framed by Chattin.

    During three previous hearings on the petition, multiple witnesses testified they believed Chattin was guilty and that he threatened them into silence. Chattin's wife was having an affair with Bond, they said, and he killed Bond out of jealousy.

    Chattin's former girlfriend testified Monday that she once accused Chattin of the crime, and that he responded by neither denying nor confirming his guilt.

    Also filed Monday was a signed statement from Roberta Pardue, a former girlfriend of Chattin's who said he told her he killed Bond. Pardue didn't respond to a subpoena and wasn't present to testify.

    But Pinkston said the hearings presented "no new evidence" and that he was confident he didn't need to counter any of it in court. He called the evidence put on by Kiser's attorneys "unbelievable."

    Kiser's attorneys will have several months to compile a written summary of their arguments, which Pinkston will be able to respond to before Poole makes his final ruling.

    http://www.timesfreepress.com/news/l...appeal/297276/

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    Judge denies new trial for convicted Hamilton County cop killer

    By Zack Peterson
    The Chattanooga Times-Free Press

    Since his 2003 conviction for murdering a sheriff's deputy, Marlon Kiser has appealed his case, been denied a new trial, had his death sentence upheld, filed motions for post-conviction relief, had his death sentence delayed, and hired new counsel.

    Last week, after years of back-and-forth between Kiser's defense and state attorneys, a judge denied his plea for another new trial in the 2001 slaying of Hamilton County Deputy Donald Bond.

    Criminal Court Judge Don Poole reviewed Kiser's 35 claims of ineffective assistance of counsel and answered them one by one in a 92-page ruling released Wednesday.

    Even though Kiser, a death row inmate at the Riverbend prison in Nashville, lost this round, he can still take advantage of a multifaceted appeals process.

    Rachel Harmon, general counsel for the Administrative Office of the Courts, said Kiser now may appeal to Poole's denial to the Tennessee Court of Appeals based on the post-conviction petition.

    And if he continues to appeal, he might not be put to death any time soon.

    "He's got a ways to go if he wants it," said Harmon, adding that Kiser doesn't appear to have a new execution date. "There are lots of filings ahead of him if he wants to utilize them."

    Kiser's listed attorney, Paul Bruno, of Nashville, could not be reached for comment Friday.

    As Poole pointed out, the Tennessee Court of Criminal Appeals upheld Kiser's 2003 conviction. The Tennessee Supreme Court did the same, even though it returned his case to Hamilton County to merge the judgments into one conviction for first-degree murder.

    According to police and prosecutors, Kiser ambushed Bond early on the morning of Sept. 6, 2001, spraying bullets from a high-powered rifle when the deputy interrupted Kiser's attempt to set fire to a fruit stand on East Brainerd Road. A jury found him guilty of murder and sentenced him to death.

    In 2009, about a year before his scheduled execution, Kiser filed a petition for post-conviction relief. A judge granted a delay and Kiser, assisted by an attorney, amended his petition four times before it got into Criminal Court in 2014.

    Throughout numerous hearings on the petition, multiple witnesses testified they believed a different man, Mike Chattin, had killed Bond and then threatened them into silence. They said Chattin's wife was having affair with Bond. Chattin, then Kiser's roommate, has since died.

    The hearings carried into March 2015, when Kiser's attorneys requested that previously untested palm and fingerprints on Bond's flashlight and patrol car door be run through a state system. The prints came back as Kiser's.

    Still, the testimony struck to the heart of his attorneys' argument: Kiser was convicted in 2003 because his lawyers at the time failed to dig up evidence that would have showed Chattin framed him.

    Ultimately, Poole wrote, if Kiser wanted post-conviction relief for this argument, he needed to present "clear and convincing" evidence. He must establish a factual basis for his allegations, since he now carried the burden of proof.

    In a trial, a prosecutor carries that burden and must prove beyond a reasonable doubt a defendant committed the crime.

    On nearly every point, Poole wrote, Kiser's claims failed to do that.

    http://www.timesfreepress.com/news/l...ller-m/376384/

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