Court News

Court News

Gilmer County Circuit Court Report

The Free Press WV

On Monday, May 22, 2017 Chief Judge Facemire held motion day in Gilmer County.

•  Seven juvenile cases were heard.

•  State of West Virginia vs. Robert Potter

He was before the Court and he was readmitted to probation and home confinement for a period of 5 years.

His attorney was Eric Wildman.

•  State of West Virginia vs. Charles Pritt

Upon his former plea was sent for 60 days diagnosis and classification at the penitentiary and his sentencing was deferred until August 28, 2017 at 9:30 AM.

His attorney was Clinton Bischoff.

•  State of West Virginia vs. Patty Reynolds

She was sentenced to 6 months in Central Regional Jail followed by 1 year in Central Regional Jail with sentence suspended and she was placed on 5 years probation with 150 hours per year of community service.

Her attorney was Clinton Bischoff and special prosecutor Shannon Jones worked out this plea deal and dismissed all felony charges against her.

•  The felony charges were also dismissed against William Reynolds who also pled to 2 misdemeanor counts in an information filed against him.

His sentencing is set for July 06, 2017 at 9:00 AM.

He has been in jail since August of last year and he made bond today and was released pending his sentencing.

His attorney was Brian Bailey and Shannon Jones was also the special prosecutor.

•  State of West Virginia vs. Margaret White

She was before the Court for reduction of bond, and it was reduced to $10,000.00 and home confinement.

Her attorney was Eric Hencil.

•  One guardian matter was reset for June 26, 2017 at 9:50 AM.

Gilmer County Circuit Court Report

The Free Press WV

On Monday May 08, 2017 Judge Jack Alsop held Court in Glenville

•  Eight juvenile matters were heard, 5 were rest for June 12, 2017 in the afternoon with the afternoon’s docket on this date were cancelled.

•  The case of State of West Virginia vs. Michael Puffenbarger

It was reset for an evidentiary hearing because he disputed the amount of restitution.

His hearing is now set for June 12, 2017 at 10:50 AM.

His attorney is Christopher Pritt.

•  State of West Virginia vs. Eric Williams

He was sentenced to 1-10 years in the penitentiary with restitution being set at $26,380 for all victims in the matter.

He was represented by Thomas Kupec.

On Tuesday, May 16, 2017 Chief Judge Richard A. Facemire heard 4 cases in Gilmer County.

•  Two fugitives from justice were before the Court, both being represented by Paul Knisely.

Edward Jackson waived to return to Ohio and authorities there have until 4 PM May 25, 2017 to pick him up or Central Regional Jail will release him.

Gregory Bolden was before the court wanted by the state of Michigan and he refused to waive extradition so Judge Facemire directed the prosecuting attorney to seek at governor’s warrant and the state has 60 days to obtain that and then another hearing will be set.

•  State of West Virginia vs. Charles Collins

He entered a Kennedy no contest plea to sexual assault in the 3rd degree with the remaining 29 counts being dismissed by the prosecutor.

He will be sentenced in Braxton County at 2:30 PM on July 05, 2017.

His attorney is Joseph Spano.

•  State of West Virginia vs. David Curry

He pled to 1 count of failure to meet an obligation to provide support to a minor.

His sentencing is set for July 24, 2017 at 9:00 AM following Mike Haley, probation officer, doing presentence investigations on both defendants.

Curry was represented by Paul Knisely also.

Gilmer County Family Court Report

The Free Press WV

•  May 10, 2017 -  Joshua Jackson of FCI Gilmer divorced Sylvia Jackson of Columbus, Ohio

•  May 15, 2017 -  Emily Stuart (26) of Shock, WV divorced Jerama Stuart (23) of Glenville, WV

•  May 15, 2017 -  Rocky Jamison (60) of Sand Fork, WV divorced Wendy Jamison (34) of Weston, WV

•  May 15, 2017 -  Felicia Hall (27) of Glenville, WV divorced Daniel Ray Hall (29) of Cox’s Mills, WV

•  May 15, 2017 -  Kimberly Hess (27) of Sand Fork, WV divorced Jeremy Hess (30) of Glenville, WV

•  May 15, 2017 -  Kristan Ramey (29) of Glenville, WV divorced Eric Ramey (38) of Glenville, WV

Gilmer County Circuit Court Report

The Free Press WV

On May 02, 2017 Chief Judge Richard A. Facemire heard 3 matters in Gilmer County.

•  Two fugitives from justice, namely Dyron James and Leroy Patterson, both waived to return to the state of Virginia and authorities there have until 4 PM, May 11, 2017 to pick them up or Central Regional Jail will release them.

Paul Knisley of Sissonvile represented both defendants

•  State of West Virginia vs. Charles Collins

He was before the Court with his attorney, Joseph Spano.

A suppression hearing was held and his trial remains on the docket for May 16, 2017.

on May 03, 2017 Judge Facemire returned to Gilmer County for 2 matters.

•  Jonathan Fittro represented both defendants with William Bagley waiving extradition to return to the state of Pennsylvania and authorities there have until 4 PM, May 12, 2017 to pick up Bagley or Central Regional Jail will release him.

•  State of West Virginia vs. Geoffrey Shaffer

He was before the Court and entered a plea to conspiracy with other counts in the indictment being dismissed.

He will be sentenced July 06, 2017 at 10:00 AM.

Gilmer County Family Court Report

The Free Press WV

Gilmer County Family Court Judge Steve Jones presided over Family Court May 03, 2017.

•  Two domestic violence petitions were continued.

•  Three contempts were heard but no orders were received regarding them.

•  One allocation was continued to June 07, 2017.

•  Temporary orders were entered in 3 cases with final orders to follow.

Attorney General Morrisey, Secretary of State Warner Announce Support for U.S. Supreme Court Review

The Free Press WV

Attorney General Patrick Morrisey and Secretary of State Mac Warner have announced that the Supreme Court of the United States has agreed to review a case out of Ohio that questions a commonly used process to maintain the accuracy of voter lists.

The Attorney General signed on to a friend-of-the-court brief in March supporting similar methods used in Ohio, West Virginia and 11 other states.

“Keeping voter lists as accurate as possible is crucial for maintaining the integrity of elections in the Mountain State,” Attorney General Morrisey said. “The process used to monitor the accuracy of voter rolls in West Virginia and Ohio falls in line with federal law.”

West Virginia law requires counties to mail a confirmation notice to those persons who have not voted in any election during the preceding four calendar years, the period of which begins in the year following a presidential election year, or who have not otherwise updated their voter registration. This procedure is aimed at keeping the voter rolls up to date by identifying those who may have moved without filing a forwarding address, among other reasons.

“It is important that we keep our active registered voter rolls as up to date and current as possible,” Warner said. “The review by the Supreme Court should confirm that regular, reasonable and ongoing maintenance to voter files is an important tool in reducing the potential for fraud.”

The brief, filed by nine states including West Virginia, supported Ohio’s petition for Supreme Court review of a ruling out of the 6th U.S. Circuit Court of Appeals which struck down a similar law in Ohio.

The states agreed that the ruling created a risk of costly litigation for states that follow the same method of maintaining voter lists.

West Virginia joined the Georgia-led brief along with attorneys general from Alaska, Idaho, Louisiana, Missouri, Montana, Tennessee and Texas.

Read a copy of the brief HERE .

Gilmer County Circuit Court Report

The Free Press WV

Chief Judge Richard Facemire presided over a lengthy motion day in Gilmer County on Monday, April 24, 2017 working through lunch and completing a 3 page docket.

•  Two names changes were granted.

•  One fugitive from justice, namely Antoine Calabrese, waived extradition to return to the state of Virginia.

He was represented by Clinton Bischoff and authorities from Virginia have until 4 PM May 02, 2017 to pick him up or Central Regional Jail will release him.

•  Seven pleas were taken as follows:

•  Charles Pritt

He who was represented by Clinton Bischoff, pled to 1 count of child neglect resulting in injury.

The remaining counts of the indictment were dismissed by the prosecutor.

After the probation officer completes his presentence he will be sentenced May 22, 2017 at 9:20 AM.

•  Matthew Sandy

Accompanied by his attorney, Teresa Monk, entered a plea to 1 count of escape and all other counts of the indictment were likewise dismissed by Gerald B. Hough, prosecuting attorney.

He will be sentenced July 06, 2017 at 9:00 AM.

•  Danny Minigh

Alone with his attorney Brian Bailey, entered a no contest Kennedy plea to 1 count of sexual abuse in the first degree.

The other count of his indictment was dismissed and he will be sentenced in BRAXTON COUNTY on July 05, 2017 at 1:30 PM.

•  Richard Williams Jr.

With his attorney, Kevin Hughart, entered a conditional plea to 1 count of brandishing and 1 count of possession with intent to deliver.

His bond was modified to $10,000.00 surety and home confinement with his mother in MD.

Sentencing was deferred for 1 year while he is on home confinement.

•  Patty Reynolds

She pled to 2 misdemeanor counts after an information was filed against her and the previous felony indictment was dismissed.

Her attorney was Clinton Bischoff.

Shannon Johnson was the special prosecutor that prosecuted her case.

She will be sentenced May 22, 2017 at 9:30 AM.

•  Charles Balliett III

He was before the Court with his attorney, Hughart, and pled to conspiracy with the other count of his indictment being dismissed.

He will be sentenced May 18, 2017 at 10:00 AM in BRAXTON COUNTY.

•  Timothy Maxwell-Lanham

He saw 21 counts of his indictment dismissed and was allowed to plead to 1 count of incest.

He will also be sentenced in BRAXTON COUNTY on July 05, 2017 at 2:00 PM.

His attorney is Bryan Hinkle.

•  Central Regional Jail failed to bring William Reynolds so his plea hearing was rescheduled for May 22, 2017 at 9:40 AM.

He is represented by Brian Bailey with special prosecutor Shannon Johnson representing the state of WV.

•  Three juvenile matters were also before the Court.

•  One magistrate appeal was sent to mediation and a bench trial was set before the Judge for June 22, 2017 at 9:00 AM.

•  There will be a pretrial on August 08, 2017 at 9:00 AM in BRAXTON COUNTY in the case of John Zsigray vs. Cindy Langman.

The trial is set for August 15, 2017 at 9:00 AM.

•  A suppression hearing will be heard May 02, 2017 at 9:00 AM with the trial remaining on the docket for May 16, 2017 in the case of State of West Virginia vs. Charles Collins.

Collin is represented by attorney Joseph Spano.

•  Two trials were continued to the July term:

•  State of West Virginia vs. Coy Pritt Jr.

He is represented by Teresa Monk.

•  Tiffany Parmer (Mayo)

She is represented by Timothy Gentilozzi also had her bond reduced to $10,000.00 without home confinement.

•  State of West Virginia vs. Geoffrey Shaffer

He was before the Court for pretrial represented by Jonathan Fittro.

He is scheduled to enter a plea May 03, 2017, but later failed a urine screen and an order was entered for him to be jailed.

On Tuesday, April 18, 2017 Chief Judge Richard A. Facemire held Court in Glenville.

•  One juvenile hearing was held.

Four criminal matters were heard as follows:

•  David Curry

He appeared for further arraignment and filled out a new financial affidavit requesting an appointed attorney and Judge Facemire appointed Kevin Hughart to represent him.

He entered a not guilty plea and was released back on $5000.00 surety bond.

He will not have a pretrial but his trial is set for May 16, 2017 at 9:00 AM.

•  Joshua Bohn

He was before the Court for a multi county plea and due to it involving charges in Braxton County it was reset for April 27, 2017 at 1:30 PM in Braxton County.

Jeff Davis represents him in Gilmer County with Andrew Chattin representing him on the Braxton County charges.

•  Richard Williams Jr.

He will enter a plea on April 24, 2017 at 9:00 AM.

He is represented by Kevin Hughart of Sissonville.

•  Steven Gibson

He was before the Court for revocation of probation and Judge Facemire denied the revocation and readmitted him to probation.

His attorney was Bryan Hinkle.

On Thursday, April 20, 2017 Judge Jack Alsop heard several matters in Gilmer County.

•  One guardian petition was granted.

•  Three juvenile matters were heard.

Gilmer County Family Court Report

The Free Press WV

On Wednesday, April 19, 2017 Family Court Judge Steve Jones:

•  Continued one divorce case.

•  Entered an order to pay publication costs in another divorce.

•  Granted a divorce wherein Michelle Goodrich (49) of Glenville, WV divorced Robert B. Goodrich (38) of Grafton, Ohio.

G-LtE™: Lesbian Couple Suing Over Harassment While Obtaining Marriage License

The Free Press WV

When marriage equality became law in their hometown in 2014 following the federal court decision in Bostic v. Schaefer, Samantha Brookover and Amanda Abramovich sought out a marriage license in Gilmer County, West Virginia. They were met with derision, harassment and hatred and refused an application by the county clerk’s office. Sixteen months later (following the Supreme Court decision in Obergefell v Hodges that made marriage equality law of the land nationwide), they tried again and were met with the same level of vitriol and harassment.

Despite that discrimination, they successfully filed for a marriage license application. That success didn’t come without long-lasting repercussions. That’s why Brookover and Abramovich just filed a lawsuit against Gilmer County and several officials that either engaged in or condoned the religion-based harassment they endured throughout the process.

The Free Press WV

Writing at Americans United for the Separation of Church and State (AU) – the organization helping file the lawsuit – the couple described the level of harassment they endured at the hands of Gilmer County officials:

Sixteen months later – well after the U.S. Supreme Court upheld marriage equality – we went to the courthouse again for a marriage license. This time, we brought family members with us who were excited to take part in our special day.

When we arrived, the same clerk was on duty. When we asked her for a marriage license, she began shouting at us that we are “an abomination.” She yelled that our desire to marry was wrong and that she believed that God would “deal” with us in time. We asked her to stop, and she told us that she has a religious right to talk this way to us.

In the end, she processed our marriage application – but not before we were left shaking and in tears.

When we complained to the county clerk about this abusive behavior, she defended it and said that any future same-sex couples seeking to marry would receive the same treatment – or worse.

No one should be forced to endure the pain and humiliation Brookover and Abramovich experienced in merely attempting to obtain a government-maintained service in their hometown. Religious proselytization has no place in government services. Moreover, using personal religious belief to deny service and harass taxpayers using a taxpayer-funded government role constitutes a serious breach of constitutional duties.

Discussing the lawsuit against Deputy Clerk Debbie Allen, County Clerk Jean Butcher, and Gilmer County, AU executive director Rev. Barry Lynn argued, “Same-sex couples shouldn’t have to run a gauntlet of harassment, religious condemnation and discrimination in order to realize their dreams of marriage.” Lynn added, “Government officials must apply the law fairly to everyone, regardless of religious beliefs. If these clerks are unable to fulfill their duties, they shouldn’t work in a government office.”

Andrew Schneider, executive director of Fairness West Virginia, echoed that sentiment in a statement saying, “West Virginia is a place that’s known for its hospitality and its adherence to the Golden Rule, to treat others as you’d like to be treated. The behavior of the Gilmer County clerks violates those values by perpetuating fear and intimidation in our community.” Schneider added, “LGBT couples in Gilmer County, and across West Virginia, should be free to be themselves when encountering government officials.”

Fairness West Virginia will be serving as co-counsel with AU presenting Brookover and Abramovich’s lawsuit.

In that lawsuit, the two organizations argue in part:

Here, same-sex couples are not afforded the right to marry on the same terms and conditions as opposite-sex couples because officials at the Gilmer County Clerk’s Office intimidate, humiliate, and harass them when they exercise their legal right to apply for and obtain a marriage license. And when a deputy clerk demeans, insults, or chastises a same-sex couple attempting to obtain a marriage license, County Clerk Jean Butcher defends their behavior because it is consistent with her personal religious convictions.

When Deputy Clerk Debbie Allen saw that a same-sex couple was applying for a marriage license, she did not provide the license on the same terms as for opposite-sex couples. Instead, Allen launched into a tirade of harassment and disparagement. She slammed her paperwork down on her desk, screaming that the couple was an “abomination” to God and that God would “deal” with them. Her rant continued for several minutes. Another clerk joined in, encouraging Allen’s attack on Amanda and Samantha by shouting “it’s [Allen’s] religious right” to harass same-sex couples while performing the official state duties of the Clerk’s office.

Throughout the attack, Amanda remained silent and shaking; Samantha was brought to tears.

When Samantha’s mother later called County Clerk Butcher to report the abusive attack on her daughter and her daughter’s fiancée, Butcher said that the couple deserved it and that the next same-sex couple who attempted to get a marriage license in Gilmer County would get the same or worse.

That’s not all.

After issuing the marriage license, and in a further attempt to deter the couple from marrying, Allen told Amanda and Samantha that officials in Gilmer County had stopped performing marriages after the County had become legally required to recognize same-sex marriages and that no one in Gilmer County would marry the couple.

The lawsuit summarizes the harassment and discrimination concluding:

Amanda and Samantha were made to wait some sixteen months after their initial, lawful application for a marriage license because they were improperly turned away by Defendant Allen. Not only did they suffer emotional distress because of the wrongful denial, but during the intervening period they were denied all the legal (as well as emotional) benefits of marriage, including benefits and privileges under federal and state law; legal rights to make healthcare decisions rights for one’s spouse; legal rights and presumptions concerning the ability to hold real property, bank accounts, and other property in common; important and valuable rights under West Virginia’s estate and intestacy laws; and a host of other privileges under West Virginia family law.

Moreover, the Clerk’s Office is located in the Gilmer County Courthouse, where other government services are provided.

Amanda and Samantha must visit the Courthouse every year to pay property taxes on their automobiles.

Amanda and Samantha are in the process of looking for a house to purchase and, should they do so, will need to visit the Courthouse every year to pay property taxes.

Samantha wishes to register to vote in Gilmer County but fears that she will be harassed once again by Allen at the Courthouse.

Amanda and Samantha reasonably fear that, because of the unconstitutional policies of the Gilmer County Clerk, they will be deprived of equal access to government services in the Gilmer County Courthouse. And they reasonably fear that, when they are forced to enter the Courthouse, they will again be harangued and mistreated by Clerk’s Office personnel.

You can read the full complaint HERE .

Using personal religion to discriminate and harass others using a government position is unconstitutional. It not only violates the Establishment Clause, but also deprives victims their Equal Protection and Due Process rights.

That county officials admitted publicly they would treat all same-sex couples similarly strengthens the case – particularly since federal courts have repeatedly ruled that LGBTQ status cannot be singled out as reasoning for offering differential treatment in government services.

While this should be an open and shut case, given the current federal administration it could become a drawn out affair if the Sessions Justice Department decides to weigh in on the county’s behalf.

~~  Tim Peacock ~~

Gilmer County Family Court Report

The Free Press WV

On Monday, April 10 and Wednesday, April 12, 2017 Family Court Judge Steven Jones presided over Family Court in Gilmer County.

Two divorces were granted:

•  Christina Wilson (43) of Troy, WV divorced on April 10th Jason Wilson (40) also of Troy, WV.

•  Jason Anderson (38) of Glenville, WV divorced on April 12th Lee Ann Anderson (32) of Charleston, WV.

Gilmer County Circuit Court Report

The Free Press WV

The Gilmer County Circuit Court Judge Jack Alsop presided over Court at his regular monthly motion day on Monday, April 10, 2017.

•:  He heard 6 juvenile matters.

Two sentencing hearings were scheduled namely:

•:  Eric Williams

He was before the Court for sentencing represented by Thomas Kupec.

Judge Alsop reset his case for an evidentiary hearing to determine restitution to victims and to be sentenced on May 08, 2017 at 11:00 AM.

•:  Michae Puffenbarger

She was before the court for his 3rd violation of probation.

Judge Alsop left open his amount of restitution and sentenced him 1-10 years in the penitentiary with further hearing to be held May 08, 2017 at 11:00 AM.

He was represented by Christopher Pritt.

•:  One guardian hearing was held with Mary Beth Snead being appointed as guardian ad litem to represent the infant.

The matter was reset for April 26, 2017 at 11:00 AM.

•:  State of West Virginia vs. Chris DeBarr

He made admissions and his probation was revoked and he was sentenced to 1-10 in the penitentiary with recommendation of drug treatment.

He was represented by Christopher Moffatt.

Gilmer County Family Court Report

The Free Press WV

On Wednesday, March 22, 2017 Family Court Judge Steven Jones presided over Family Court in Gilmer County.

•  One divorce was granted wherein Kellee Elliott (21) of Weston, WV divorced Steven Allen Elliott (25) of Rock Cave, WV.

•  Two divorces were continued.

•  One hearing had a status conference held.

•  One modification was heard.

Gilmer County Circuit Court Report

The Free Press WV

On Monday, March 27, 2017 Chief Judge Richard A. Facemire sped through a 3 page docket and arraigned 12 defendants in Gilmer County Circuit Court.

Eight trials were set for May 03, 2017, namely:

•  Charles Balliett III represented by Kevin Hughart,

•  Charles Pritt, represented by Clinton Bischoff,

•  Coy Pritt Jr., represented by Teresa Monk,

•  Tiffany Parmer (Mayo) represented by Timothy Gentilozzi,

•  Geoffrey Shaffer, represented by Jonathan Fittro.

Shaffer later flunked his urine screen and was sent to Central Regional Jail until he tests clean.

•  Richard E. Williams Jr., represented by Kevin Hughart,

•  Matthew Sandy, represented by Teresa Monk,

•  Danny Minigh, represented by Brian Bailey.

Other dispositions were as follows:

•  Timothy Maxwell-Lanham who is represented by Bryan Hinkle has a trial date set for April 25, 2017.

•  Earl Bailey, represented by Jeff Davis, had his trial continued to the July term.

•  David Curry was arraigned and attorney Teresa Monk was appointed to represent him, however upon filling our an affidavit for appointed attorney he made too much money so she was relieved as his counsel, and he must hire his own attorney.

His arraignment was continued until April 18, 2017 and he posted a $5,000.00 personal recognizance bond in the Circuit Clerk’s office and must post a surety bond in the same amount by Noon on Friday, March 29, 2017.

Thereafter he flunked his urine screen and was remanded to jail until he has a clean urine screen.

•  Also Jessica Nicholson, represented by Brian Bailey failed to appear and a bench warrant was issued for her arrest and incarceration in Central Regional Jail until $200,000.00 cash bond may be posted.

•  Seven juvenile cases were heard.

•  The 2 Reynolds trials set for April 04, 2017 were cancelled and pleas will be entered later.

•  One trial remains on for April 04, 2017 namely Dale Lee Carr, represented by Eric Wildman.

•  Joshua Bohn will enter a multi county plea in Braxton County on March 28, 2017 at 10:45 AM.

His attorney is Jeff Davis.

Two bound over cases were dismissed, namely:

•  Whitney Henderson represented by Teresa Monk.

Bond will be released after entry of the order.

•  Danielle Smith represented by Clinton Bischoff.

Bond will be released after entry of the order.

•  A third bound over case was before the Court for reduction of bond, namely Jason Jarrell who is represented by Thomas Rist of Fayetteville.

His bond was lowered to $100,000.00 and he must be placed on house arrest, but allowed to go out of state for his job.

Braxton County Prosecutor Steps Down Amid Misconduct Allegations

The Free Press WV

Braxton County’s prosecutor abruptly resigned this week amid allegations of misconduct. The decision to step down by Kelly Hamon McLaughlin came as a shock to the county commission earlier this week.

“We knew nothing,” said Braxton County Commission President Ronald Facemire. “We were told nothing.”

The commission received McLaughlin’s letter of resignation Wednesday effective immediately and in an emergency meeting named Assistant Prosecutor William McCourt the acting prosecutor for 30 days.

McLaughlin faced charges of misconduct and conflict of interest which were filed last October by the state Office of Disciplinary Council. According to court documents the incident started in 2013 when an elderly relative of McLaughlin was accused of the sexual abuse his neighbor, an 11-year old girl. Although the incident was reported to the Braxton County Sheriff’s Department, the matter was never brought to court.

Despite her relation to the accused, McLaughlin did not recuse herself nor did she request a special prosecutor for the case. However, those documents further claimed she told investigators a special prosecutor had been assigned. Eventually the charges against the elderly family member were dismissed.

The incident was also tied to the resignation of a Braxton County deputy who was accused several months later of breaking into the Braxton County Sheriff’s Department in February 2014. The documents revealed McLaughlin allowed the deputy to resign his position in lieu of prosecution.

During a hearing before the Disciplinary Council on Thursday, McLaughlin admitted to all of the original allegations with the exception of one which accused her of dishonesty.

The panel reached an agreement with McLaughlin. The agreement stipulated she immediately resign, not run for prosecutor again, and not practice law for the next three years.

“The point of the counsel is to protect the public” said Rachael Fletcher Cipoletti, Chief Lawyer Disciplinary Counsel, “Her immediate resignation is big step in protecting the public.”

The agreement and recommendation has been submitted to the West Virginia Supreme Court which will be the final arbiter on whether that agreement is accepted.

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