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The Evidentiary hearing, 1-28

CLICK HERE FOR EVIDENTIARY HEARING VIDEO

Following today’s Evidentiary hearing, we got to find out a little more regarding Martinez’ behind the scenes shenanigans.

Also great to see Gus Searcy (Legal Shield-PPL) squaring up to Martinez’ tactics, and ultimately showing the prosecutor up for the deceptive arrogant asshole he really is. Riveting viewing to say the least. Consensus of opinion is that Gus won with a Rocky-style 2nd round knockout.

Searcy also stated (to Chris Hughes) that he had information on Jodi that “would either hurt her or free her.”

Chris Hughes also testified, as did Ibrai Abel Hadi (by phone). Both will be testifying again tomorrow.

And still, Martinez can do no wrong in the eyes of Judge Sherry Stephens. I’m not too sure how long this pantomime can go on before someone higher up has a word in Sherry’s ear, and she pulls the plug on it all to try and save face for the state.

Your thoughts?
SJ

92 Comments

  1. I don’t know what exactly happens in an evidentiary hearing, but it would be nice if the defense would have witnesses or documents showing the premeditation evidence is baseless.

    You know, find people who know the restaurant was nicknamed Margaritaville since Martinez specifically asked what name was on the Marquee…not and did not ask what the locals called it. Show that MANY people think red cars are ticket magnets…that there was no proof of stalking…etc etc.

  2. Just wanted to let this website owner know how appreciative I am of its content and ease of use. While I don’t believe Jodi is innocent in any fashion, I do find it outrageous they are seeking the death penalty.

    • I agree with you, Mari. I have more to say, but I don’t know how to start a thread on here… can someone help me? Thank you in advance. 🙂

  3. OMG, Martinez is such a weasel! I loved how Gus stood up to him. Juan is a bully.

    I thought that Gus’ testimony was VERY honest and I believe him. I did NOT think that Chris Hughes was honest. AND, Chris Hughes said his “wife” told him that Gus was going to be a witness. So, maybe it was his wife that was speaking with the prosecution.

    Oh, and by the way, Gus Searcy was on a calendar of Travis’ to speak around the time of the murder. If he was such a “bad speaker,” then why did Travis have him speaking??

  4. Gus Searcy did handle himself very well during Martinez cross. I was cracking up when he refused to answer questions containing double negatives. But the defense may have issues with Mr Searcy in terms of credibility…going on Peoples Court, telling multiple witnesses he was frustrated with the prosecutors office because they never called him etc. AND…Nurmi did not look very comfortable toward the end.

    The only thing I am not clear on, is if Martinez didn’t know who Searcy was (name on witness list) then why was he at the ready with those impeachment witnesses to discredit Searcy? That seems to be a bit of a contradiction…no?

    • Daniel,

      No he knew the 16th. 45 minutes later Chris called Gus which is why the implication of prosecutorial misconduct is being brought up. Is that what you were asking?

      • My point was that Martinez CLAIMED that he “had no idea who Searcy was” when it was brought up why he did not inform defense about Chris Hughes being a witness today or the Abe guy. MY point is, how is that even possible, that he was able to come to this realization and then had time to arrange for Hughes to be there today but did NOT have time to inform the court and the defense? It just seems a bit shaky to me.

        But here is my bigger concern. OK. Today was to be an evidentiary hearing I thought… in order to show “prosecutorial misconduct”. I thought that the big thing we would be getting into.. that would be much more harder hitting evidence was going to be about those texts etc since that was what Mr Nurmi has been talking about last week of trial and other things. Is this all there is other than the follow up testimony tomorrow on these issues? It just does not seem to me, even IF it can be proved Martinez was doing some backstage puppeteering, would this really rise to the level of prosecutorial misconduct? And phonecalls to and from the prosecutors office and personnel CAN be proven if they happened…

        • Good catch on his comment.

          I don’t know Daniel. InSession says we do not know all of it yet. This misconduct could speak to a brady violation having something do with Gus. I know the hearing about misconduct will continue tomorrow afternoon after the trial.

    • I don’t know you or I would be looking too comfortable after finding out that witnesses were calling you a snake and a liar either Daniel. I think that Nurmi handled himself very well in light of the situation. Chris Hughes said outright that Nurmi had lied to his wife and he still believes him to be a liar. Now that Chris Hughes has been subpeonaed by Nurmi I am quite sure he will be treated as a hostile witness.

      • I’m not a legal expert, this is just my understanding.

        I think the application of “hostile witness” can’t take place until after the attorney starts questioning that witness, and the answers given by the witness qualify as such, and then the attorney asks the judge, and the judge gives permission to “treat him as a hostile witness”.

        I don’t think statements made outside of or before testimony apply.

  5. If I am understanding this correctly, NONE of this information will be heard by the jury, because it is only in reference to the defense seeking to prove to the judge that prosecutorial misconduct has taken place, yes? For instance, the jury could never hear this information from Hughes that “Nurmi lied” to the Hughes about the Travis Pedophile “letters” later ruled to be forgeries by handwriting expert and then thrown out by judge, yes? I think hearing ANY of this information would look very bad for Jodi AND her defense if this allegation has any truth to it. Someone please answer…jury will NEVER hear about this yes?

    • Ooooww great Question, Daniel!!!

      I want to kniw if this is what Evidentiary Hearing means too???? DAVID??

    • The only way the jury would hear about the letters is if it is brought up during regular testimony while the jury is present. If a juror finds out some other way, that juror must say something to the judge at which time they would be replaced by an alternate juror. If said juror told the others, then the jury would be tainted, a mistrial would ensue and they would have to pick another jury and start over.

  6. Wow! Blown away at others’ (other sites) interpretations of these witnesses – concluding that Searcy is smarmy and Hughes legit. What?? So how did Hughes know Searcy was on the witness list just minutes after parties of the court were notified? Not to mention that CH seems the smarmiest of them all from my research building pyramid schemes on top of pyramid schemes.

  7. I felt that Gus wasn’t believable completely. I like that Martinez is passionate about his work. I don’t feel like he’s a weasel, just extremely passionate about prosecuting. I have read several complaints about Gus from people who have dealt with Gus regarding his job.

    Also, anything Gus heard from Chris with regard to what supposedly the prosecution said is heresay. And means nothing. And I didn’t believe it. I feel like Gus was embellishing the story. And definitely felt he likes attention. It could be easily proved if Chris Hughes has spoken with prosecution by phone records and/or email records.

    • It’s not over interesting. It’s only just begun. If you are already convinced, then please enlighten me as to how Chris could have known Gus was on the witness list in a such as short amount of time. He said the media. The witness list was released just last week. Unless you know something we dont?

    • I totally get CJ your point about the timeline. From what I understand at this point..it DOES speak for itself. But I also didn’t think in the end that Gus Searcy ended up looking that great. I thought he was highly entertaining and proved a worthy adversary for Martinez’ jousting style, BUT, in the end I believe he will have credibility issues. Go to his website. I think you will see why this impression of him as a seeker of attention may have some validity and could serve to discredit his motives for being involved in the case. But of course, we have no idea what he can bring forward. It could very likely serve as he said to be more damaging than helpful. If it can be shown that he seeks attention and already told two people he was a bit frustrated w/ prosecutors office..you get where I am going.

      • I personally think that anyone who gets involved with those MLM-type companies are probably attention seekers. This includes Travis and his friends as well as Gus.

        • Gus Searcy is now getting all kinds of hate poured onto him by the pro-prosecution neanderthals…Which makes me wonder…if the information that he claims to have could ‘go either way…for or against her” …might he not be persuaded after his short experience in court today…to start spinning a tale more likely to get him LESS negative attention? I have also heard, and this I find really base and despicable …is that a lot of the haters are or were trying to post negative comments/reviews on his Amazon Book account.

          • Yep…the admin of one of Travis’s support sites posted a message and told people to lay off on giving Gus’s book negative reviews. It’s just like what the Casey-haters did to Jose’s book.

  8. Here is the timeline according to insession:

    Okay at 8:52 Jan 15 the defense adds Gus Searcy to the witness list. At 9:54 all parties were noticed such as the prosecution. At 10:52 Chris, one of the guys who hates jodi, friends with travis calls the witness and asks basically what hes going to say but also says hes working with the prosecution. SO the hearing is about prosecutorial misconduct.

    But what do you think of this timeline? Speaks for itself to me.

      • Do you mean the convo between Gus and Chris? The text from Chris to Gus showed the first call. Then its basically his word against Chris. But the evidence could be the timeline of when the prosecution knew who was on the list and how fast Chris called Gus.

        They are trying to prove prosecutorial misconduct and that the prosecutor was trying to find things out by asking Chris to call, feeding him info etc.

    • maybe he or his wife found out from a different source? can anybody enlighten me with how the witness list came out lest week isn’t there other people who might know the list like from media sources?

      is the witness list a secret?

      i think tomorrows witness will be Chris Hughes’s wife and the defense will ask her from where she got the info

      • Good question eli. Makes me wonder, you know how the media goes straight to the court docket as soon as they hear about any ‘filing’ (be it the Prosecution or Defense) (or any news really) on a high profile case…It Could have been someone in the media got a hold of it earlier than the official release and wanted a comment by someone or was digging in to the list trying to figure out who this Gus Searcy was…

        No matter….I am sure we will all be enlightened tomorrow.

        • Maybe they are trying to prove that the prosecution asked him to call Searcy and ask him about what he is going to testify to so they can prepare for cross examination

          that would be a violation but i see how they can prove that it was on behalf of the prosecution maybe he was just curious for himself

      • Eli,

        The family of Travis talks online. They have given info to public blogs countless times such as the roommates were on the witness list a month ago! I suspect that he heard it from Tanisha Sorenson, Travis sister. SHe is working with the prosecutor.

        Did you notice how Martinez, on cross with Gus refered to himself in the third person, only using the word prosecutor or prosecutor’s office?? He never once said lead detective etc. Now why I bring this up is because Martinez, was involved in case before, where the lead detective, ( not flores) threatened a witness.

        So Flores could be the one working behind the scenes. The prosecutor will ensure he never takes the fall. ( Just like ashton did in case where he intentionally withheld expculpatory evidence but blamed it on LE).

  9. Wow. This trial is turning into a three ringed circus. NG and cohorts are going to have a field day with what went on in the evidentiary hearing.

  10. Chris Hughes saying that he heard that Gus Searcy was on the witness list and asking him what he was going to say was a no no. Once a person has been subpeoned to be on the witness list, just like the jury, they are not supposed to talk about it. In my opinion, Nurmi made the right decision in subpeoning Chris Hughes straight away because now he cant go on the media and say anything either.

    • LOL sorry Bob I just watched it on live feed. Will likely be out as soon as SJ gets a hold of it:)

    • He’s uploading it shortly. If you watch insession, they will show it over and over and over again. And over again.

  11. Gus didn’t give a rip and was dead on accurate when cross examined by martinez. He stood his ground. IMO, Martinez makes himself look bad at every turn as this is about winning for him. Gus seems to be on the side of the defense. And Martinez bringing up Gus behavior at work, was low and irrelevant and THAT was hearsay.

    • I thought that Gus humiliated Martinez by pointing out his ‘double negative’ question. He seemed to enjoy being on the stand – which was a bit weird. But until Martinez got all angry at him he didn’t seem to care who he was giving information to. He sure made an entertaining witness!

      • So far, Gus is the only witness I’d pay good money to watch. He certainly ripped Martinez a new one today, that’s for sure!
        SJ

        • He stood his ground. Why should people have to sit around and let some prosecutor twist things, insinuate things etc. Martinez, “isnt it true that you want to be the center of attention?”

          Really? who called who. Chris called Gus.

          • I was laughing when Gus was swatting right back at Martinez.

            And, you’re right, CJ – it was Chris texting Gus and not the other way around. And, I was proud of Gus that he did not discuss it with Chris.

      • It’s really hard for me to take Martinez seriously as some “bad ass” because of his high-pitched Kermit the Frog voice. I always laugh when he gets agitated (but unlike Jeff Ashton, I wouldn’t laugh while in the courtroom :)).

    • I’m watching now and I agree that Martinez did not do that well.

      I believe Searcy, the others have been feeding the prosecutor information and he is dropping the ball.

  12. Is the hearing over already??!! I missed it!! I know it will eventually be posted here but does anyone know if its been posted anywhere?

  13. Does anyone question the judge allowing cross examination by phone? doesnt the defendant get to face their accuser? And putting people on they haven’t added to the witness list?

    • I was thinking that, too. And, I think that is why Nurmi mentioned him not even being in AZ. Odds are that he will be called to testify in person.

      If he REALLY could not come to testify for some reason, then maybe they could do a video conferencing call.

      A great deal of believability in anyone’s testimony is how they appear – is this guy looking up and to the left (a sign of lying), is he sweating or nervous, etc.

  14. AND let me get this straight, BOTH of the state’s rebuttal witnesses, Hughes & Abdelhadi, have been on numerous media outlets giving opinions ab everything from Wicca to magic underwear, yet it’s Searcy who is the attention whore? I’m quite certain that JVM or NG or Dr. Drew would have given Searcy some air time for any tangential relationship he had to the accused or victim. But I haven’t seen his face out there!

    • You nailed it, G189. I think that Hughes and Abe are the attention whores. Gus Searcy didn’t even know he was on the defense list! He found that out through Chris Hughes.

      I think the defense should question Sky Hughes and whether SHE has been in contact with the prosecution.

      Further, I would have been upset too if the prosecution didn’t return my calls and I had information to share with them. The least they could have done is call him back and say that they weren’t interested. I mean, geez, it’s only common courtesy. AND, Martinez did not have to call him back himself. He could have gotten a lackey to do it for him.

      • While on the subject of attention whores, wasn’t it Chris & Sky Hughes that hogged a lot of Jodi’s 48 hours documentary, detailing all the different ways the sun shone out of TA’s ass?

        Also, when the Hughes’ PPL business needed a boost, was it not them that called Gus Searcy, so he could come out at a ra-ra meeting and “do his stuff” to get more people signed up into PPL for them? I didn’t hear them complaining about Gus back then.
        SJ

        • Tell us more about Gus going to the Hughes’ PPL pep rally. When did that happen?

          And yes, Chris and Sky Hughes (especially Sky) were enamored by the camera and the focus being on them. I mean, they were talking about Jodi and Travis meeting, they were all smiles and giggles at that point.

          I mean, if I was recounting that my friend met someone that killed him, I would be a hell of a lot more somber than they were. I would be shaking my head and saying, I can’t believe I introduced them!

          • Hi Nicole,
            I don’t have any specific dates/times as such, but having ra-ra meetings would be a regular weekly or bi-weekly event for any MLM, including PPL. The Hughes’ knew the value of those events AND the value of having Gus there to get the crowd (prospects) rocking & rolling & ready to sign up. That’s what I was relating to specifically when Chris was suddenly finding fault with Gus.
            SJ

        • Its also Sky Hughs who literally smiled the ENTIRE time on 48hrs. Who smiles while discussing a murder?

          • Exactly what I pointed out a few posts up. I know when I was watching the episode, I thought it was REALLY inappropriate of her to be smiling and happy. I can definitely tell you that I would not be smiling if I was talking about my dead friend’s failed relationship that ended in murder!

    • Vinnie Politan stated that Chris Hughes has not given any interviews, that it was his brother. I thought he was on HLN a time or two? He was on 48 hours but what about the other talk shows?

      • 48 hours was enough! His commentary and demeanor is what prompted me to research indepth lds & mlm (multi level marketing) companies. CH and Sky sing TA’s praises but it is so full of rhetoric, i.e. ‘he was so driven and such a kindred spirit, I just knew I had to place him in my ppl company so he could do what he’s always wanted to do – help people.’ Paraphrasing, but what a shark like CH saw was an easily manipulated soul with a good backstory that he could run through these conventions and conferences and drum up some serious $$.
        I think TA probably really looked up to guys like CH, thinking that they cultivated/mentored a professional who might make it to the cover of Time magazine one day. And for awhile, he likely thought he was also helping people. But I truly think he got caught up in his own narcissism while having his ego stroked in these mlm/lds circles that he lied to himself the latter years of ppl. It takes a special sob to preach his backstory, say look at me now, point people to the line to drop off their $149 (to become an associate) to be just like him, all the while knowing that 99.xx% of these people will not make it.
        I think what really caught my attention with this story was the interviews (all ppl folks) recalling TA and/or JA in Las Vegas, or Cancun, or Hawaii! I thought to myself wth are these people doing for a living?? I have a pretty good job and it involves nothing nearly as glamorous as these folks are living on a regular basis!! So I started reading ab mlm (and soon realized that lds was not far behind), a recent debacle with lots of good reading material – nu skin.
        And the Abe guy has been on Dr. Drew (also scheduled to be on there tonight) SUPER smarmy, less in an lds/mlm way and more in a perverted/kissntell way – enjoying his 15 minutes by proudly announcing she wore a thong on their date. Well, CASE CLOSED-she is a murderous whore. /s

  15. I can’t wait to watch this hearing later! Sounds like it was entertaining. Of course other sites are saying “OMG Martinez was soooooo awesome” but I knew I’d get a different viewpoint here!

    Chris Hughes should really keep his mouth shut and let the lawyers do their jobs. He seems like he wants to be a big player in this case and he’s not.

  16. Watching In Session now as I missed the hearing live this morning. As Hughes was leaving the stand I was waiting for the judge to tell him he was not to talk about the case etc he was on his way out and nothing was said until Nurmi spoke up and asked the judge to remind him. I am not a fan of this judge and her pickle face. I feel that she does not have a firm grip on her courtroom. I agree with SJ as noted above regarding Martinez and how he can do no wrong, I wonder if this is all for the cameras (Martinez over the top theatrics).

    • Omg Trixels – I am dying “…and her pickle face.”
      Seriously, perfect description – I just never could find the words.

      She really bothers me too. Anytime Nurmi ask for something its NO, but Martinez YES YES YES!
      Lets hope for a good week.

      • Honestly, that seems to be the “norm” for judges in Maricopa County. In another case (The Baseline Killer), the same thing happened – always for the prosecution – never the defense.

        AND, that judge pulled a cute stunt. He had two jurors come to him about 3 other jurors discussing the case when they shouldn’t have. The judge relieved the jurors who were talking about the case.

        But…

        He also knew the first jurors might be in favor of the defense. SO, he pulled names of who would not be the final jurors in the case (not in open court like they are supposed to – he didn’t do it in front of the lawyers or the court room) and guess what? He pulled the names of the jurors who reported the incident as ones that would NOT be final jurors.

        Nice, huh?

    • I haven’t even watched it…. : (

      If anyone knows of a site that has it, plz advice, some of us are still waiting so that we can join the conversation!! Lol

  17. Here’s a video but the quality is not great:

    http://www.youtube.com/watch?v=YfRd8orqk00

    I have to say, I don’t see anything that indicates Martnez is “handing Searcy his ass” like I’ve read on other sites. Gus is sitting their with this bemused expression on his face while Martinez gets more and more hyper.

    • I agree Kira. I think that Martinez is scared his case is coming off the rails. Therefore, every time that someone does not do it “his way” he goes off on them.

      There were lawyers on JVM that said he better “check” that attitude before the jury comes in or it will work against him.

      I agree. His attitude has put me off. No one likes a bully. This man bullies his own witnesses! ARGH!

      • I think Martinez is scared because I bet he didn’t realize until the trial started that all he had was hearsay for premeditation!!!

        He really is not handling himself very well at all. And I find it annoying the way he tries to twist things.

        • I think we all appreciate that with any case, a prosecutor has to “do his thing” when representing the state, but having tantrums, foot stamping, bullying witnesses (and being an ass) generally backfires. So yes, let’s hope Martinez continues doing the same and that it also backfires on him big time. He’s losing this “nailed on” case, and he knows it. The thing is, he also KNOWS what Gus Searcy knows (probably DV related), which is why he never called him back. Same reason he decided not to call back Lisa Andrews Daidone. Hopefully it’ll all come out this week as we start our defense.
          SJ

  18. Can I just say that the people on the other site are complete morons! They were speculating that Sky Hughes was the witness that was going to be called for the defense. Then, some other idiot was stating that she didn’t have to testify against Chris Hughes by way of spousal privilege.

    Do these idiots not know that the law applies to civil / criminal defendants and not witnesses??

    DUH!!!

      • I can’t stand the stupidity of those people! They all try to look like “legal eagles” and find the statutes to support their claim. It is mind boggling how people can “spin” things to what they want to see.

        AND, none of these people will even “consider” that their precious Travis could have been a complete a**hole behind closed doors.

        OH, and by the way, I still can’t believe Martinez went after Udy about how she must not have been “that good of a friend” is she didn’t know about the naked pictures.

        REALLY? I don’t discuss my sex life with my friends – at least not in THAT amount of detail. I don’t know anyone who would…

        • Well, these might be the same people who don’t believe jodi and travis actually had sex that day. lol.

  19. I am curious about the duct tape on Travis’ arm, what does it mean or what is the theory behind it? Anyone? Thx

    • I too have asked this (today), but haven’t heard back.
      I don’t know that I even know what my theory is here.

      I know they had “kinky” sex, but duct tape, ow!
      Just seems so odd. Sparked my curiosity.

  20. Does anyone know if the jodiariasisinnocent Twitter page is associated with this website? Thanks..

  21. Can anybody confirm this? NG tweeted 2 hours ago that Jodi wanted to plead guilty for 2nd degree – is it true or just a good wish what NG would want us to believe?

    • I heard about that too but don’t really trust anything she says. I also heard she was stuffing her face with prison food. Bizarro

    • Eli, no clue if any of this has any truth behind is, as I too heard it on HLN.
      But I overheard someone, no clue who, say that the prosecutor denied Jodi’s 2nd Degree Murder plea.

      Made me wonder if it was real or not too.

  22. I was able to watch most of today’s hearing. Martinez is sure so full of it!!!! I can see him pulling one of his tricks like he has in the past. Scumbag!!!! If not he’ll agree with the jury for a lesser conviction. He wont let her walk out of there like CA did.

    Pretty much G189 and Trixels sum it up for me, today. “Pickle Face” lol loved it!!!
    Can’t wait for tomorrow, hope its even a better day for Nurmi.

    Denise, I wathed the first half under
    http://www.youtube.com/watch?v=YfRd8orqk00

    And then the last half
    http://www.youtube.com/watch?v=2kLcFSkQw4A

    • LC, correct me if I’m wrong, but Martinez can’t agree with the jury on a lesser offense because they only went after 2 counts of First Degree murder.

      Oh, and BTW, I have a feeling that Nurmi was a genius in having Jodi plead to 2nd degree murder. He knew the prosecutor would say no.

      So, as I see it (and I would love if our lawyer would chime in here – SJ can you help with that?), there is no way the prosecution could ask the jury for it (if that’s possible) if she is not convicted.

      On the other hand, if Jodi is convicted, it might set something up for her appeal?

      I may be totally wrong here. But, WHY would Nurmi ask for that when the prosecution’s case rested on a bad note AND he has several witnesses for her.

      • Hi Nicole, I’m not 100% sure on the specifics, but I know Kirk Nurmi is (and always has been) on the ball and several steps ahead of Martinez from the start. Hopefully our resident attorney can chime in here shortly with the legal interpretation. This is an excerpt from his 1/23 post:

        “The ultimate goal would be to get a verdict of ‘Not Guilty’ from the jury which is seemingly feasible considering she is charged with premeditated first degree murder and burglary… that’s it! There are no lesser charges for the jury to consider, although they can suggest a lesser charge(s) which will most likely happen if they cannot convict her of first degree murder and burglary.”

        SJ

        • Yes, thats what I was going towards. The jury suggesting a lesser charge(s). I found that idea under http://www.douggranttruth.com/#Top

          Isn’t it something that Martinez had to consider in this case?? It reads the following;

          March 2, 2009 In an about-face from earlier claims that he would prove Murder 1 beyond a reasonable doubt, Prosecutor Martinez requests that the jury be told that they CAN convict Doug of a lessor crime–even assisted suicide.
          March 3 & 4, 2009 Closing statements by defense and prosecution.
          March 5, 2009 Jury starts deliberations at 10:30 a.m.
          March 24, 2009 Jury announces a verdict has been reached about 2:00 p.m. —Clerk reads announcement that jury did not agree on first degree murder or second degree murder, but finds the defendent guilty of manslaughter.(Ed. note: Arizona law defines manslaughter as “recklessly causing the death of another person.”)

          So, am I wrong that Martinez is known for changing convictions? ?? Or am I getting it all screwed up here?? Lol idk…. that’s what “l” read.

          • So, my point is that if Martinez refused to give her 2nd degree murder as a plea, then I don’t think that the 2nd degree murder charge would be anything the jury could consider since it was denied by the prosecution.

            I really want to know if I am correct on this.

            If I am, then the jury could not suggest 2nd degree murder.

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