TIME Crime

Parents Sue County, Landlord Over Santa Barbara Rampage

In this May 25, 2014 photo, images of Christopher Martinez are displayed during a memorial in in Isla Vista, Calif.
Chris Carlson—AP Images of Christopher Martinez are displayed during a memorial in in Isla Vista, Calif., on May 25, 2014

Parents of three victims of a deadly rampage are suing the county, the sheriff's department and an apartment building company where the killer lived

(LOS ANGELES) — The parents of the first three victims of a deadly rampage in Santa Barbara last year are suing the county, the Sheriff’s Department and the apartment building where the killer lived, contending they ignored numerous warning signs that he was violent and unstable.

The lawsuit filed Monday in federal court alleges negligence and violations of the victims’ constitutional right to due process under the law.

Elliot Rodger, 22, stabbed, shot and ran down people in the community of Isla Vista on May 23. He killed six University of California, Santa Barbara, students and injured 14 other people before shooting himself as authorities closed in.

His first three victims were his roommates, David Wang and James Hong, and a friend, George Chen, who were stabbed dozens of times with a nearly 9-inch boar-hunting knife. The lawsuit was filed on behalf of their parents.

It contends that authorities, and the apartment building and its owners, ignored numerous warning signs that Rodger was dangerous, including failing to check his online postings in which he spouted venomous comments about women and others and bemoaned his virginity.

After Rodger killed himself, police found three semi-automatic handguns and nearly 550 unspent rounds in his car. All were purchased legally.

The lawsuit names Santa Barbara County, the Sheriff’s Department, Capri Apartments and Asset Campus Housing, a Texas-based company that provides student housing around the nation.

The suit said that since Rodger moved into the Capri complex in 2011, he insulted and clashed with a string of roommates and exhibited bizarre behavior, yet the apartment owners failed to conduct reasonable background checks before assigning Hong and Wang as his roommates, and failed to warn them that “Rodger had had serious conflicts with his previous roommates and was not only racist but also potentially violent and dangerous.”

It also contends that the county and its Sheriff’s Department violated the victims’ rights to due process by ignoring repeated “red flags” that Rodger was violent and unstable, even after a mental health worker saw YouTube videos that Rodger had posted and contacted authorities to say that Rodger appeared to be a danger to himself and others.

Messages seeking comment from representatives of the county and the Sheriff’s Department were not immediately returned Monday night. The offices of Capri and Asset Campus Housing were closed and messages could not be left there seeking comment.

TIME georgia

Execution of Georgia Woman Postponed Over Problems With Drug

Death row inmate Kelly Renee Gissendaner is seen in an undated picture from the Georgia Department of Corrections
Reuters Death-row inmate Kelly Renee Gissendaner is seen in an undated picture from the Georgia Department of Corrections

Georgia only uses pentobarbital for lethal injections, but there are some problems

(JACKSON, Ga.) — Georgia postponed its first execution of a woman in 70 years late Monday because of concerns about the drug to be used in the lethal injection.

The pentobarbital was sent to an independent lab to check its potency and the test came back at an acceptable level, but during subsequent checks it appeared cloudy, Georgia Department of Corrections spokeswoman Gwendolyn Hogan said. Corrections officials called the pharmacist and decided to postpone the execution “out of an abundance of caution,” she said. No new date was given.

Pentobarbital is the only drug used in Georgia executions. For other recent executions, the state has gotten the drug from a compounding pharmacy, but officials did not immediately respond late Monday when asked if that was the source in this case. Georgia law prohibits the release of any identifying information about the source of execution drugs or any entity involved in an execution.

Kelly Renee Gissendaner was scheduled to be executed at 7 p.m. at the prison in Jackson for the February 1997 slaying of her husband, Douglas Gissendaner. The execution was put on hold while officials waited for the U.S. Supreme Court to either grant or deny a stay requested by her lawyers. The court had still not ruled more than five hours later.

Her lawyers were seeking a delay pending a U.S. Supreme Court ruling in another case out of Oklahoma, and an appellate court had rejected that request. Late Monday, the lawyers added additional arguments for the high court: that it should consider a stay because Gissendaner didn’t kill her husband, Douglas Gissendaner, herself in February 1997. They also argued that she had been thoroughly rehabilitated.

Previously, courts had found Gissendaner had plotted the stabbing death of her husband by her boyfriend, Gregory Owen, who will be up for parole in eight years after accepting a life sentence and testifying against her.

Gissendaner would have been only the 16th woman put to death nationwide since the Supreme Court allowed the death penalty to resume in 1976. About 1,400 men have been executed since then, according to the Death Penalty Information Center.

The Georgia Board of Pardons and Paroles, the only entity authorized to commute a death sentence, denied clemency last week and upheld that decision late Monday. Gissendaner’s lawyers had urged the board to reconsider and “bestow mercy” by commuting her sentence to life without parole. The board said it voted to abide by its earlier decision after “careful consideration” of the request.

Kelly and Douglas Gissendaner had a troubled relationship, repeatedly splitting up and getting back together, divorcing and remarrying. At the time of her husband’s death, Gissendaner was a 28-year-old mother of three children, 12, 7 and 5 years old. And she had an on-again, off-again lover in Owen.

Rather than divorcing her husband again, Gissendaner repeatedly pushed Owen to kill him, prosecutors said. Acting on her instructions, Owen ambushed her husband while she went out with friends, and forced him to drive to a remote area. Then he marched him into the woods and stabbed him multiple times, prosecutors said.

Owen and Gissendaner then met up and set fire to the dead man’s car in an attempted cover-up. Both initially denied involvement, but Owen eventually confessed and testified against his former girlfriend.

Her lawyers challenged the constitutionality of her sentence as disproportionate, given that she wasn’t there when Owen killed her husband, and yet Owen will eventually be eligible for parole. But Georgia’s Supreme Court voted 5-2 Monday to deny her motion, citing Owen’s testimony that she pushed for murder rather than divorce so that she could get her husband’s insurance money.

In their request Monday for reconsideration, Gissendaner’s lawyers said the parole board did not have a chance to hear the overwhelmingly positive testimony of many corrections employees who declined to speak up for fear of retaliation.

Her clemency petition already included testimonials from dozens of spiritual advisers, inmates and prison staff who described a seriously damaged woman transformed through faith behind bars. She has shown remorse and provided hope to struggling inmates while helping guards maintain control, they said.

“The spiritual transformation and depth of faith that Ms. Gissendaner demonstrates and practices is a deep and sincere expression of a personal relationship with God,” Prison chaplain Susan Bishop wrote. “It is not a superficial religious experience.”

Two of Gissendaner’s three children also asked the board to spare their mother’s life, describing their own emotional journey from anger and bitterness to forgiveness.

“The impact of losing my mother would be devastating. I can’t fathom losing another parent,” wrote her daughter, Kayla Gissendaner. “My mom has touched so many lives. Executing her doesn’t bring justice or peace to me or to anyone.”

But it also has been “a long, hard, heartbreaking road” for Douglas Gissendaner’s parents and sister, according to a statement from them issued through the Gwinnett County district attorney’s office. The family made it clear they wanted the execution to go forward.

Several dozen people gathered outside the prison in support of Gissendaner, including some women who served time with her.

Kara Tragesser recalled Gissendaner telling her “You can do better!” when she was put on lockdown while serving a 10-year sentence for armed robbery.

“We’re here because Kelly’s made a difference in our lives,” Tragesser said.

Michelle Collins, who did time for forgery, remembered Gissendaner persuading her to stop misbehaving and start caring about her future.

“She looked around at us and said, ‘At least y’all are going to get out of here again. Who are you to throw your lives away when I’m never going to get out of here?'” said Collins.

“She gave me the will to do something good when I got out,” said Collins, adding that she now makes good money working for a Fortune 500 company. “She told me to make sure I never came back and I never have.”

A loud cheer came up from the crowd gathered outside the prison when they heard the execution had been postponed.

TIME Crime

Execution of Georgia Woman on Hold Pending Supreme Court Ruling

Death row inmate Kelly Renee Gissendaner is seen in an undated picture from the Georgia Department of Corrections
Georgia Department of Corrections/Reuters Death row inmate Kelly Renee Gissendaner is seen in an undated picture from the Georgia Department of Corrections.

The execution is on hold

(JACKSON, Ga.) — The execution of the first female in Georgia in 70 years was on hold Monday as the U.S. Supreme Court reviewed last-minute arguments by her lawyers that they hoped would persuade the nation’s top justices to grant a stay.

Kelly Renee Gissendaner, 46, was scheduled to die by injection of pentobarbital at 7 p.m. in the state prison for the February 1997 murder of her husband, Douglas Gissendaner.

Still pending was a response from the high court after an appellate court rejected her lawyers’ request for a delay on the grounds that Georgia’s lethal-injection procedures aren’t transparent enough to be challenged in court. Late Monday, her lawyers also added that the court should take into account the fact that she didn’t kill her husband herself, and that she had been thoroughly rehabilitated.

Previously, courts had found Gissendaner had plotted the stabbing death of her husband by her boyfriend, Gregory Owen, who will be up for parole in eight years after accepting a life sentence and testifying against her.

Gissendaner would be only the 16th woman put to death nationwide since the Supreme Court allowed the death penalty to resume in 1976. About 1,400 men have been executed since then, according to the Death Penalty Information Center.

The Georgia Board of Pardons and Paroles, the only entity authorized to commute a death sentence, denied clemency last week and upheld that decision late Monday. The woman’s lawyers had urged the board to reconsider and “bestow mercy” by commuting her sentence to life without parole. The board said it voted to abide by its earlier decision after “careful consideration” of the request.

Kelly and Douglas Gissendaner had a troubled relationship, repeatedly splitting up and getting back together, divorcing and remarrying. She was a 28-year-old mother of three children, 12, 7 and 5 years old. And she had an on-again, off-again lover in Owen.

In prison, Gissendaner eventually took responsibility: Rather than divorcing her husband again, she pushed Owen to kill him. Acting on her instructions, Owen ambushed her husband while she went out dancing with friends, and forced him to drive to a remote area. Then he marched him into the woods and stabbed him multiple times, prosecutors said.

Owen and Gissendaner then met up and set fire to the dead man’s car in an attempted cover-up, and both initially denied involvement, but Owen eventually confessed and testified against his former girlfriend.

Her lawyers challenged the constitutionality of her sentence as disproportionate, given that she wasn’t there when Owen killed her husband, and yet Owen will eventually be eligible for parole. But Georgia’s Supreme Court voted 5-2 Monday to deny her motion, citing Owen’s testimony that she pushed for murder rather than divorce so that she could get her husband’s insurance money.

In their request Monday for reconsideration, Gissendaner’s lawyers said the parole board did not have a chance to hear the overwhelmingly positive testimony of many corrections employees who declined to speak up for fear of retaliation.

Her clemency petition already included testimonials from dozens of spiritual advisers, inmates and prison staff who described a seriously damaged woman transformed through faith behind bars. She has shown remorse and provided hope to struggling inmates while helping guards maintain control, they said.

“The spiritual transformation and depth of faith that Ms. Gissendaner demonstrates and practices is a deep and sincere expression of a personal relationship with God,” Prison chaplain Susan Bishop wrote. “It is not a superficial religious experience.”

Two of Gissendaner’s three children also asked the board to spare their mother’s life, describing their own emotional journey from anger and bitterness to forgiveness.

“The impact of losing my mother would be devastating. I can’t fathom losing another parent,” wrote her daughter, Kayla Gissendaner. “My mom has touched so many lives. Executing her doesn’t bring justice or peace to me or to anyone.”

But it also has been “a long, hard, heartbreaking road” for Douglas Gissendaner’s parents and sister, and they made it clear they want the execution to go forward, the Gwinnett County district attorney’s office said.

More than a dozen women who served time with Gissendaner gathered outside the prison to support her Monday afternoon.

Kara Tragesser recalled Gissendaner telling her “you can do better!” when she was put on lockdown while serving a 10-year sentence for armed robbery.

“We’re here because Kelly’s made a difference in our lives,” Tragesser said.

Michelle Collins, who did time for forgery, remembered Gissendaner persuading her to stop misbehaving and start caring about her future.

“She looked around at us and said, ‘At least y’all are going to get out of here again. Who are you to throw your lives away when I’m never going to get out of here?'” said Collins.

“She gave me the will to do something good when I got out,” said Collins, adding that she now makes good money working for a Fortune 500 company. “She told me to make sure I never came back and I never have.”

TIME National Security

U.S. Intel Chief: Roughly 40 Americans Have Returned From Syria

Director Of Nat'l Intelligence James Clapper Speaks At Council On Foreign Relations
Bryan Thomas—Getty Images Director of National Intelligence James Clapper speaks at the Council on Foreign Relations on March 2, 2015 in New York City.

James Clapper said the U.S. faces more global challenges than at any time in his half-century career in the intelligence community

About 40 Americans have returned from the jihadist battlefields of Syria — but they don’t pose a threat to American security, Director of National Intelligence James Clapper said on Monday.

Clapper said during a question-and-answer session at the Council on Foreign Relations in New York City that about 180 Americans have attempted to travel or have succeeded in traveling to Syria since the ongoing conflict began. But he said the Americans who have returned went for “humanitarian purposes or some other reasons that don’t relate to plotting” and they have not shown “nefarious” intentions.

“If they come back, and they are not involved in plotting, or don’t have nefarious purpose, that’s their right and privilege as an American citizen to come back,” Clapper said. The office of the Director of National Intelligence did not immediately respond to a request for more information.

About 20,000 foreign fighters from more than 90 countries are believed to have gone to Syria, where the Islamic State of Iraq and Greater Syria (ISIS) has seized large swaths of territory. That has raised fears of radicalized fighters returning to carry out attacks in their home countries.

Last week, the FBI arrested three Brooklyn men and charged them with attempting to provide material support to ISIS. Two of the three men allegedly planned to travel to Syria, and the FBI said the men had discussed coordinating possible domestic attacks.

On Monday, Clapper said the U.S. faces more global challenges than at any time in his half-century career in the intelligence community.

“I’ve been in one capacity or another in the intel business for 52 years, and I don’t remember a time when we have been beset by more crises and challenges around the world and the diversity of these crises and challenges than we have today,” said Clapper, a retired Air Force lieutenant general. That comment came days after he told the Senate Armed Services Committee that 2014 was the most lethal year for global terrorism on record.

In 2014, 13,000 attacks killed 31,000 people around the world, up from 11,500 attacks and 22,000 killed a year earlier, Clapper said at the Senate hearing on Thursday. Fifty percent of those attacks took place in Iraq, Afghanistan or Pakistan — and ISIS was responsible for more of the attacks than any other group.

Clapper clarified on Monday that the terror assessment he gave Congress was not at odds with a statement from Secretary of State John Kerry, who drew criticism for telling a House subcommittee last week that global violent conflict is lower than it has ever been, saying that Americans were “safer than ever.”

Kerry “was thinking of a different context,” Clapper said. “What he was thinking about was the more cataclysmic case in point of — case with the Cold War. And he’s right; in that context we are a safer country. But I was looking at more the here and now, you know, what happened in 2014 and what kind of what we project out in the next year.”

TIME Crime

Cleveland Leaders Apologize Over Blaming Boy for Own Death

"We used words and we phrased things in such a way that was very insensitive"

(CLEVELAND) — Cleveland’s mayor apologized on Monday after the city’s lawyers suggested in court documents that a 12-year-old boy who had a pellet gun when he was shot by police died as a result of his own actions.

Mayor Frank Jackson said the city’s response to a federal lawsuit filed on behalf of Tamir Rice’s family was poorly worded and offensive.

“We used words and we phrased things in such a way that was very insensitive,” the mayor said.

The court documents filed late last week by the city said Tamir’s injuries and the subsequent complaints for damages stemmed from his actions and failure “to exercise due care to avoid injury.” It similarly said the “injuries, losses and damages” cited for his relatives in the complaint “were directly and proximately caused by their own acts,” not by the city.

Jackson said that he’s talked with representatives of Tamir’s family, and that the city plans to alter the wording in the documents within the next three weeks.

“We are sincerely apologetic for our misuse and mischaracterization of our answer to that complaint,” he said.

The city said in response to the federal lawsuit that it didn’t violate Tamir’s federal rights and that it is entitled to certain legal immunities.

One of the family’s attorneys, Walter Madison, told the Northeast Ohio Media Group that the complaint has merit.

“I do believe that a 12-year-old child died unnecessarily at the hands of Cleveland police officers and I do believe that certain officers shouldn’t have been entitled to wear the uniform,” he said.

Tamir was shot in the abdomen by an officer responding to a call about someone with a firearm near a recreation center on Nov. 22. The officer fired within two seconds of the police car stopping nearby, and the confrontation was captured on surveillance video. Tamir had been carrying what turned out to be an airsoft-type gun that shoots non-lethal plastic pellets.

The federal lawsuit alleges excessive force, negligence, infliction of emotional distress on his sister and mother, violation of due process for the parents, and failure by the responding officers to immediately provide first aid to the boy, who died the next day. It also claims false imprisonment of Tamir’s 14-year-old sister, who ran toward the scene after the shooting, struggled with police and was handcuffed and put into a cruiser parked near her wounded brother.

The Cuyahoga County sheriff’s department is investigating the shooting. A prosecutor has promised that a grand jury will consider whether the case merits criminal charges.

TIME

L.A. Police Say Homeless Man Tried to Grab Gun Before Fatal Shooting

Charlie Beck
Damian Dovarganes—AP Los Angeles Police Chief Charlie Beck comments on the shooting of a homeless man on Skid Row of Los Angeles, at a news conference at police headquarters on March 2, 2015.

But a bystander who caught the incident on video says otherwise

Los Angeles’ police chief said Monday there was evidence that a homeless man shot and killed by officers on Sunday had struggled over one of their guns, but a bystander who captured a viral video of the deadly incident says he never saw the man reach for a weapon.

Police Chief Charlie Beck said during a news conference that the slide of the weapon had been “partially engaged,” which is “indicative of a struggle over a weapon,” according to the Los Angeles Times, which has reviewed a second video of the deadly altercation.

Police were responding to a suspected robbery call and pursued a man known by some as “Africa” in the Skid Row area, home to one of the largest populations of homeless people in the country. After officers made contact, the department said in a statement, the man apparently began to fight back and resist being taken into custody.

“The officers attempted to use a Taser to subdue him but the suspect continued to fight and resist the officers and fell to the ground,” the statement continues. “While on the ground, the suspect and officers struggled over one of the officer’s handguns and then an officer-involved shooting occurred.”

Sunday’s encounter was recorded by at least one officer’s body camera and caught on a video that was circulated widely on Facebook. The bystander who recorded the footage, Anthony Blackburn, told CNN on Monday that he hadn’t seen the man reach for a weapon.

Beck said the officers involved in the shooting had received training about working with mentally ill people. The man reportedly spent the past few months living in a tent after previously residing at a mental-health facility.

Police said the shooting is being investigated by a number of law-enforcement offices, including the Office of Inspector General and Los Angeles Country District Attorney’s Justice System, to determine if the man’s death was another case of excessive force by police, as some witnesses and local activists claim.

TIME justice

White House Task Force Calls for Better Data on Police Shootings

Barack Obama
Jacquelyn Martin—AP President Barack Obama, flanked by former Assistant Attorney General Laurie Robinson, left, and Philadelphia Police Commissioner Charles Ramsey, speaks during a meeting with members of the Task Force on 21st Century Policing

Group calls for minimizing the use of military level equipment during demonstrations, but shies away from suggesting more body cameras

A task force established by President Obama after high-profile shootings of black men by police is calling for the federal government to keep better records on officer-involved shootings.

After 90 days of hearings and meetings with a wide range of civil rights groups and local police agencies, the Task Force on 21st Century Policing included the recommendation in its first report Monday.

It notes that a 1994 law requires the Department of Justice to gather data about excessive force by police officers and publish an annual summary but notes that has never been done in a “serious and sustained” way.

The report also suggests that local agencies adopt more of a community policing approach, minimize the use of military equipment at protests and rallies and have outside investigators look into police shootings. But it stopped short of endorsing widespread adoption of body cameras, an idea which first came up after a shooting in Ferguson, Mo.

Task force members said that body cameras could be helpful but that privacy concerns need to be considered first.

“Any technology we apply, we need to understand its usefulness,” said Philadelphia Police Commissioner Charles Ramsey, the co-chair of the task force, on a call with reporters Monday. “But we also need to make sure we’re working within a constitutional framework.”

“Today we’re talking about body cameras, but tomorrow it will be something else,” Ramsey added.

Marc Morial, president of the civil rights organization National Urban League, which called for more body cameras in testimony to the task force, praised the recommendations for independent investigators, but said that not coming down hard in favor of body and dashboard cameras a “missed opportunity.”

“Privacy concerns that might be there are not enough to put the breaks on an idea whose time has come,” Morial tells TIME.

Aside from the specific recommendations, the report stresses the need for police to establish trust and demonstrate transparency to the communities they serve.

The task force makes some evergreen calls to action like engaging with community members and better addressing prejudice, while also calling on the federal government to take a hard look at criminal justice policies such as sentencing and reentry and societal issues like poverty and education that can further exacerbate police distrust.

Many of the federal task force’s recommendations align with similar calls made by the U.S. Conference of Mayors, which released a report on community-police relations in January. Mayor Karen Freeman-Wilson of Gary, Ind., says that the report rightfully acknowledges that the federal government’s role in improving police-community relations is limited.

“It acknowledges that while there can be guidance and training and technical assistance that can be provided at the federal level, there really has to be a local approach and a local commitment to addressing those concerns,” she said.

Gene Voegtlin, a spokesman for the International Association of Chiefs of Police says, “This is more than just a police issue,” says “It’s a criminal justice system issue, and honestly probably a societal issue.”

TIME People

Parents Who Let Kids Walk Home Alone Found Responsible for ‘Unsubstantiated’ Neglect

Waiting for the School Bus
Malcolm MacGregor—Getty Images

The parents say that playing outside "is exactly what kids should do"

A Maryland couple has been found responsible for “unsubstantiated” child neglect for letting their children walk home from a park by themselves.

The children of Danielle and Alexander Meitiv — ages 10 and 6 — were picked up by police while walking home alone, sparking a two-month long investigation by Montgomery County Child Protective Services (CPS).

The decision means that the county’s CPS will keep a file on the family for at least five years, according to the Washington Post. The couple plans to appeal and Danielle has said that playing outside “is exactly what kids should do.”

The authorities have previously cited a Maryland state law that says kids under the age of 8 should be with someone who is at least 13 years old. CPS is required to respond and investigate if a citizen or law-enforcement member calls them with a concern about the safety of a child.

[Washington Post]

TIME Foreign Policy

Netanyahu’s Approval Rating Rises in the U.S., Poll Finds

As voters back home in Israel are turned off by the prime minister seeking re-election

Israeli Prime Minister Benjamin Netanyahu is getting more popular in the U.S., according to a new poll.

Netanyahu is viewed favorably by 45% of Americans, and only 24% view him unfavorably, according to a new Gallup poll. That’s up from a 35% favorable rating in a July 2012 poll.

In Israel, however, only 41% of likely voters said they view their Prime Minister favorably as his re-election effort enters its final weeks, according to a Times of Israel poll published in February.

In the U.S., Republicans were much more likely to say they support Netanyahu than their Democratic counterparts. Nearly two-thirds of Republicans said they viewed the Prime Minister favorably, compared with about a third of Democrats.

Read More: Netanyahu: Speech Not Intended to Disrespect Obama

Netanyahu has come under fire from White House officials for planning a trip to the U.S. without consulting the State Department or working through typical diplomatic channels. The visit, facilitated by House Speaker John Boehner, will feature a controversial speech to Congress in which the Prime Minister is expected to denounce a deal proposed by President Obama to work with Iran on nuclear power.

Despite the recent criticism from Democrats, Netanyahu’s favorability numbers are an improvement from three years ago, when only half of Republicans and a quarter of Democrats said they viewed him favorably.

The margin of error for the Gallup poll was 4%, while the Times of Israel poll had a 3.4% margin of error.

TIME celebrities

Here’s What Stephen Colbert Would Ask Pope Francis

Let's hope the pontiff pays a visit to the Late Show when he visit the U.S. in September

Comedian Stephen Colbert spoke to the Catholic magazine America about his faith in a video released Monday, and revealed what he would like to ask Pope Francis if given the opportunity.

“What do you do to get that smile on your face in the morning?” the fervent Catholic says he would ask the Pope. “What’s your regime in the morning?”

Colbert—who has apparently taken the opportunity to grow a full beard before taking over the Late Show from David Letterman in September—says he tries to get up every morning, smile, and say “yes” after a morning ritual practiced by Mother Teresa.

During the interview, Colbert shared his favorite scriptures and admits that while he usually gives up some form of food or booze for Lent, he hadn’t decided what to give up this year.

Be sure to watch to the end of the video below to see Colbert dance and sing one of his favorite hymns.

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