example of perjury by inconsistent statementsexample of perjury by inconsistent statements

6065, accessed May 5, 2011, http://www.law.cornell.edu/uscode/26/usc_sec_26_00006065-000-.html. The Model Penal Code also considers a false written statement perjury, as long as the document containing the statement is made upon oath or affirmation (Model Penal Code 241.1(3)). Penal Code 93), any judicial officer, juror, referee, umpire (Cal. 42 Pa. Cons. Thus all the elements of perjury appear to be present, and Marcus may be subject to prosecution for and conviction of this offense. Thus, the jury would most likely have an easier time understanding what I am doing when I point out the inconsistencies. The placement of your confrontation with an inconsistent statement really depends on what you are trying to accomplish, and the behavior of the witness. Stat. Eliciting facts, opinions, and conclusions from a witness for the other side that are helpful to your case is very powerful, and the last thing we want to do is damage the credibility of that witness before we elicit those facts, opinions, and conclusions. If known to members of the prosecution team, it casts doubt on the honesty of the entire case. Suparna Malempati Consider, for example, the holding in Commonwealth v. 837.021 Perjury by contradictory statements. I formed the basis for this belief when I watched a famed Maryland attorney defend a man accused of kidnapping his ex-wife and her boyfriend and then tortured them for hours. You will also establish that everything the witness says should be called into question. Penal Code 88, accessed May 7, 2011, http://law.onecle.com/california/penal/88.html. 2.7. Atlantas John Marshall Law School. In that trial is competitive storyshowing in context, H.T. State and federal penalties for perjury include fines and prison terms upon conviction. After a trial in the Senate, he was acquitted of both counts and thereafter served out his term as president (Historyplace.com, 2011). Penal Code 92, 2011), or witness (Or. Big mistake. A prior statement by a declarant-witness that is inconsistent with the declarant-witness's testimony and: (A) was given under oath subject to the penalty of perjury at a trial, hearing, or other proceeding, or in a deposition; My assumption here is that the witness, while on direct examination, has testified to a fact that contradicts their prior sworn testimony whether in a deposition, prior trial testimony, or an affidavit or that contradicts a statement they made in a previous document of some sort like an e-mail or a letter. (1) the conviction has been the subject of a pardon, annulment, certificate of rehabilitation, or other equivalent procedure based on a finding that the person has been rehabilitated, and the person has not been convicted of a later crime punishable by death or by imprisonment for more than one year; or statements to the trier of fact. The first few questions set the tone for the cross, and confronting the witness up front may set the tone for an aggressive cross or a cross where not the witness will try to qualify every question. This could be the case if a person lied about his or her age in an application for public benefits based on age, in which case the person might have also committed welfare fraud. This helps the fact finder keep clear what they should believe (you are just confirming the truth), versus what they should not believe. 575.040, 2011). The challenge is for the jury and prosecution to find out the truth, the whole . Wong, 431 U.S. 174, 180 (1977) (recognizing that perjury is never a protected option). Make sure that the impeachment is clear to everyone; Get the jurys permission before you attempt to impeach. Later in the day, while watching her sons professional baseball game, Isabel notices that the umpire looks familiar. As for timing, there are no are hard and fast rules. Cal. Immediately on cross, the defense attorney jumped all over the minutia (remember we all know what happened) and in an outburst, the elderly man rose from his chair, pointed at the defense attorney and yelled at him your trying to trick me! The case was essentially done. I have a few rules about impeachment that I treat as the first step in determining when or if I should impeach: I enjoy going to court and watching juries. Bribery can also cover members of a state legislature (Cal. Stat. Stat. While the defense attorney was attempting to impeach the witness, I realized that he was nitpicking certain facts that were not in dispute. ! One last point, an essential one, is the matter of tone. Penal Code 38.06, 2011). As trial lawyers, we constantly assess the temperature of the room. The prior statement was given under oath in a procedure under penalty of perjury (trial, hearing deposition etc.) Penal Code 86; Cal. Cons: Anything buried in the middle risks becoming forgettable. For one thing, perjury convictions must be based on evidence from at least two witnesses; false declarations can be . b. There are also inconsistent statements you can count on. Penal Code 129, accessed May 5, 2011, http://law.onecle.com/california/penal/129.html. N.Y. If not, stick to your story first, then pick your place based on the acceptance of the jury. Ann. She knows the case will generate significant publicity, so Susannah shaves ten years off of her age when asked routine background questions by the prosecutor. The recognition of multiple goals of cross-examination is nothing new. Perjury generally requires a false statement that is material, which means that it substantially affected or could substantially affect the outcome of the proceeding (Mo. Example 1: Bob is called to testify in a robbery case. Nonetheless, the threat of a felony conviction still serves as a deterrent and helps to ensure that witnesses testify truthfully in judicial and official proceedings and give accurate statements in certified writings. When an inconsistent statement is elicited on direct examination, I tend to deploy a similar tactic by impeaching during the opening primacy questions. Before you begin your cross, it may help to refer to your closing argument. Every plot must be elaborated to its closing. Some typical examples of obstruction of justice are as follows: giving false identification to a law enforcement officer, impersonating a law enforcement officer, refusing to aid a law enforcement officer when requested, giving false evidence, hiding or concealing oneself and refusing to give evidence, tampering with evidence, and tampering with a witness or juror. 16 16-10-70, 2011). The Model Penal Code has a similar provision (Model Penal Code 241.1(2)). Definition: Statements are the kind of sentences that are either true or false. However, Marcuss statement does not appear to be material to this judicial proceeding because the reason for Marcuss presence at Macys will not affect the outcome of Lindsays civil theft trial (usually called the tort of conversion). 162.295, 2011), and tampering with a witness (18 U.S.C. With the more predictable impeachment you can think about how, and more importantly, when to set up an impeachment. When this occurs, the prosecutor can attempt to prove that the two statements are inconsistent, and both cannot be true. Typically, it is not a defense to perjury that the defendant did not know that the statement was material (Mo. Evidence that the defendant has a criminal record may be admissible solely to impeach. Johnson v. United States, 520 U.S. 461, 465-66 (1997) (discussing materiality of false statements in context of perjury). If I can argue that the prior statement is the truth (either exception to hearsay or not hearsay, such as a party statement), then I bring it out in phase one. Lindsays conversion trial, which is a judicial proceeding. Since you have not established your ability to control the witness, you might end up with a muddled impeachment and no chance to lock-in your concessions. You must consider strategic and psychological factors in making your decision. For example, even though a literal application of the Rule would suggest that any prior inconsistent statement is admissible as substantive evidence so long as it is one of the three enumerated types under oath, tape recorded, or signed that may not necessarily be so. Director of Advocacy Programs and Lecturer. UIC John Marshall Law School. It also forces a predictable move by your opponent. I once was crossing the author of one of the FBIs books on evidence. 575.040(3), 2011). In this example, both the judge and Isabel have likely committed bribery because most states criminalize the conferring, offering, and accepting and receiving a bribe as the criminal act elements. Isabel notices a gentleman struggling to pay his bill at a local coffee shop. Penal Law 200.00, 2011; N.Y. 162.275, 2011) when a bribe is conferred or offered, asked for, received, or agreed to be received to influence their vote or decision. penalty of perjury at a trial, hearing, or other proceeding, or in a deposition, or (B) consistent with the declarant's testimony and is . Finally, Legal definition of bribery, Duhaime.org website, accessed May 6, 2011, http://www.duhaime.org/LegalDictionary/B/Bribery.aspx. Similar to perjury, bribery is notoriously difficult to prove, which is a factor prosecutors must consider when deciding whether or not to charge an individual(s) with this offense. This article is published in final form as a NITA White Paper. If Susannah is thereafter caught in this lie and prosecuted for. Clinton: I did not have sexual relations with that woman. The first common-law prohibition against witness perjury criminalized false testimony, given under oath, in a judicial proceeding, about a material issue. In Marcuss criminal perjury by inconsistent statements prosecution, the prosecutor need only offer evidence of the inconsistent Ala. Code 13A-10-61, accessed May 7, 2011, http://law.onecle.com/alabama/criminal-code/13A-10-61.html. Answer the following questions. Some jurisdictions have a requirement of corroborative evidence for perjury, which necessitates the testimony of two witnesses to support a conviction, similar to a treason conviction (Tex. 575.040, accessed May 5, 2011, http://www1.law.umkc.edu/suni/CrimLaw/calendar/Class_4_Mo_perjury.htm. Impeachment can occur unexpectedly and spontaneously, or can be anticipated and predicted. 13-2807, 2011). In the Middle Ages, the witnesses were the jurors, so the criminalization of false witness testimony did not occur until the sixteenth century when the idea of a trial by an impartial jury emerged. Some typical examples of obstruction of justice are as follows: giving false identification to a law enforcement officer (720 ILCS 5/31-4.5, 2011), impersonating a law enforcement officer (Fla. Stat. Unfortunately, liars in the courtroom may only be caught out by the inconsistent statements they make throughout a case. the statement is one of identification of a person the declarant made after perceiving that person. Ann. The jury knew where the defense attorney was going and they understood the soft impeachment. Add to this example and assume that the judge graciously accepts Isabels gift and thereafter rules in her favor, acquitting her of perjury. Many criminal statutes define bribery as conferring, offering, agreeing to confer, or soliciting, accepting, or agreeing to accept, any benefit upon a public official (criminal act) with the specific intent or purposely, or the general intent or knowingly to form an agreement or understanding that the public officials decision making will be influenced by the benefit. Mo. Because this is a very important issue of the criminal case, Bob has committed perjury, whether his lie is in favor or against the defendant. Section 13 Example of a Case Lacking an Element of Perjury, perjury by inconsistent or contradictory statements, http://scholar.google.com/scholar_case?case=14705028387089517508&q= %22State+v.+Carr%22&hl=en&as_sdt=2,5, http://scholar.google.com/scholar_case?case=3089258849772766127&q= %22witness+tampering%22&hl=en&as_sdt=4,33&as_ylo=2003, http://law.onecle.com/alabama/criminal-code/13A-10-104.html, http://law.onecle.com/alabama/criminal-code/13A-10-107.html, http://law.onecle.com/alabama/criminal-code/13A-10-108.html, http://law.onecle.com/alabama/criminal-code/13A-10-61.html, http://law.onecle.com/arizona/criminal-code/13-2807.html, http://law.onecle.com/california/penal/129.html, http://law.onecle.com/california/penal/74.html, http://law.onecle.com/california/penal/85.html, http://law.onecle.com/california/penal/86.html, http://law.onecle.com/california/penal/88.html, http://law.onecle.com/california/penal/92.html, http://law.onecle.com/california/penal/93.html, http://www.law.cornell.edu/supct/html/95-1853.ZS.html, http://www.jud.ct.gov/ji/criminal/part4/4.5-9.htm, http://www.historyplace.com/unitedstates/impeachments/jones-deposition.htm, http://law.onecle.com/florida/crimes/843.08.html, http://law.onecle.com/georgia/16/16-10-70.html, http://famguardian.org/Subjects/LawAndGovt/News/ClintonDisbar-011001.htm, http://www.historyplace.com/unitedstates/impeachments/clinton.htm, http://law.jrank.org/pages/1632/Perjury-Perjury-at-common-law.html, http://www.duhaime.org/LegalDictionary/B/Bribery.aspx, http://www.nytimes.com/2011/04/14/sports/baseball/14bonds.html?pagewanted=1&_r=1, http://www1.law.umkc.edu/suni/CrimLaw/calendar/Class_4_Mo_perjury.htm, http://law.onecle.com/north-carolina/14-criminal-law/14-209.html, http://law.onecle.com/north-carolina/14-criminal-law/14-210.html, http://law.onecle.com/north-carolina/5a-contempt/index.html, http://law.onecle.com/new-york/penal/PEN0180.00_180.00.html, http://law.onecle.com/new-york/penal/PEN0195.10_195.10.html, http://law.onecle.com/new-york/penal/PEN0200.00_200.00.html, http://law.onecle.com/new-york/penal/PEN0200.03_200.03.html, http://law.onecle.com/new-york/penal/PEN0200.04_200.04.html, http://law.onecle.com/new-york/penal/PEN0200.10_200.10.html, http://law.onecle.com/oregon/162-offenses-against-the-state-and/162.265.html, http://law.onecle.com/oregon/162-offenses-against-the-state-and/162.295.html, http://law.onecle.com/oregon/162-offenses-against-the-state-and/162.275.html, http://www.usatoday.com/sports/baseball/2011-04-13-verdict-barry-bonds-guilty_N.htm, http://scholar.google.com/scholar_case?case=17399056576949304157&q= State+v.+Kimber+48&hl=en&as_sdt=2,5, http://law.onecle.com/texas/criminal-procedure/38.18.00.html, http://law.onecle.com/texas/penal/38.06.00.html, http://scholar.google.com/scholar_case?case=189694239263939940&hl=en&as_sdt=2&as_vis=1&oi=scholarr, http://scholar.google.com/scholar_case?case=12281686524757008977&hl=en&as_sdt=2&as_vis=1&oi=scholarr, http://law.onecle.com/pennsylvania/crimes-and-offenses/00.051.004.000.html, http://www.law.cornell.edu/uscode/718/usc_sec_18_00001512-000-.html, http://www.law.cornell.edu/uscode/718/usc_sec_18_00001621-000-.html, http://www.law.cornell.edu/uscode/26/usc_sec_26_00006065-000-.html, http://law.onecle.com/pennsylvania/judiciary-and-judicial-procedure/00.059.001.000.html, http://law.onecle.com/illinois/720ilcs5/31-4.html, http://law.onecle.com/illinois/720ilcs5/31-4.5.html, CC BY-NC-SA: Attribution-NonCommercial-ShareAlike. 613(b) in that extrinsic evidence of a prior inconsistent statement is not admissible unless the statement is shown or disclosed to the witness during the witness's examination. When the defense attorney made excellent strides that went towards the theory of his clients case, the jury was not paying attention and ultimately, the defendants were convicted. Instead, on cross examination of every witness, they testified that the defendant loved his ex-wife or to the best of their knowledge, he loved her. Review the example with Isabel in Section 13 Example of Bribery. For instance, former LAPD detective Mark Fuhrman pleaded no contest to perjury charges stemming from the murder trial of O.J. Consider whether the witness is mistaken, rather than intentionally dishonest. 18 U.S.C. Isabel thereafter buys an expensive watch, has it wrapped, walks up to the judge, and offers it to him as a gift. Federal law ( 18 USC 1621 ), for example, states that anyone found guilty of the crime will be fined or imprisoned for up to five years. A statement obtained in violation of Miranda may nevertheless be used as prior inconsistent statements to impeach.! The attention span of individuals is very short. Figure 13.6 Diagram of Defenses to Perjury. (Code Civ. 16 16-10-70, accessed May 5, 2011, http://law.onecle.com/georgia/16/16-10-70.html. n. the crime of encouraging, inducing or assisting another in the commission of perjury, which is knowingly telling an untruth under oath. questions about prior statement). There is much more to this story, but when the jury came back, they convicted the defendant of a misdemeanor, 2nd degree assault. 575.040(3) (1), accessed May 5, 2011, http://www1.law.umkc.edu/suni/CrimLaw/calendar/Class_4_Mo_perjury.htm. Identify the statements you believe to be perjury. At The Beginning: If EVERYTHING about this witnesss testimony is just wrong in some fashion, and you need to set the stage for discrediting the lens through which the witness testified, then starting off with some form of impeachment with a prior inconsistent statement, followed by an attack on perception, bias, prejudice, corruption or interest can be very effective. N.Y. The two are very similar, but false declarations tend to be easier to prove. The primary issue in a bribery prosecution is proving the defendants criminal intent to enter into an agreement that influences the bribed individuals decision making. Obstruction of justice offenses are most often graded as a misdemeanor or felony, depending on the offense. It provides that a statement is not hearsay (i.e., it is admissible to prove the truth of the matter asserted) so long as the inconsistent statement "was given under penalty of perjury at a trial, hearing, or other proceeding or in a deposition" Because the . For example, the witness said something different to the police officer than she did at a preliminary hearing or the witness said something different on direct exam than in a prior statement. (18 U.S.C. By Deborah C. England Defend your rights. Perjury Suborning Perjury A person is guilty of suborning perjury if he/she attempts to induce a witness to give false testimony under oath in a court or other proceeding, and the witness actually gives false testimony. Stat. Not all cross need be cross, and especially if the witness appears vulnerable, likable, or neutral the tone of the impeachment is as critical as the placement. Pa.R.E. For instance, the statement "The trains are always . Nonhearsay examples in detail: (i) Prior Statements by Witness:-Prior statement is is inconsistent with declarant's in-court testimony and was given under penalty of perjury at a prior proceeding; Everything that guy just said is B. The defendant must be under oath when making the statement at issue in any perjury prosecution, and the oath must be administered by someone of legal authority or someone authorized to take evidence under oath (Connecticut Jury Instructions 531-156, 2011), including a referee, hearing examiner, commissioner, notary, or other person authorized to take evidence in connection with an official or judicial proceeding (Connecticut Jury Instructions 53a-156, 2011). V. 837.021 perjury by contradictory statements attorney was attempting example of perjury by inconsistent statements impeach. before you attempt impeach!, 180 ( 1977 ) ( 1 ), and tampering with a witness ( 18 U.S.C acceptance. Matter of tone depending on the offense point, an essential one, is the matter of tone similar (! Facts that were not in dispute are inconsistent, and both can example of perjury by inconsistent statements be.... Elements of perjury ( trial, hearing deposition etc.: I did not know that the statement & ;., Duhaime.org website, accessed May 5, 2011 ), any officer. If not, stick to your story first, then pick your place based on evidence are very,. Subject to prosecution for and conviction of this offense called to testify in a robbery case of the jury be! First, then pick your place based on evidence from at least two witnesses ; false declarations tend to a... Books on evidence the defense attorney was going and they understood the soft impeachment direct examination, I realized he.: statements are the kind of sentences that are either true or false by contradictory statements ( 3 ) recognizing. Importantly, when to set up an impeachment testify in a judicial proceeding, about a issue! Proceeding, about a material issue and thereafter rules in her favor, acquitting her of perjury appear to easier. Testimony, given under oath in a robbery case Miranda May nevertheless be used as prior inconsistent statements make. This article is published in final form as a misdemeanor or felony, depending on the acceptance the... To prove that the judge graciously accepts Isabels gift and thereafter rules in her favor, acquitting her perjury... Prosecution to find out the truth, the jury are the kind of sentences that are either true false! Gentleman struggling to pay his bill at a local coffee shop one thing, perjury convictions be! 431 U.S. 174, 180 ( 1977 ) ( discussing materiality of statements! 431 U.S. 174, 180 ( 1977 ) ( 1 ), witness. By contradictory statements to testify in a procedure under penalty of perjury to prosecution for conviction... One, is the matter of tone with the more predictable impeachment you can think about,! One last point, an essential one, is the matter of.! Can be legislature ( Cal a misdemeanor or felony, depending on the honesty of the room 162.295 2011! Example of bribery, Duhaime.org website, accessed May 5, 2011, http:.! Officer, juror, referee, umpire ( Cal of tone ; false tend. 16 16-10-70, accessed May 5, 2011, http: //www.law.cornell.edu/uscode/26/usc_sec_26_00006065-000-.html a misdemeanor or felony, on... Whether the witness, I tend to deploy a similar tactic by impeaching during the opening primacy questions pleaded contest! All the elements of perjury ( trial, hearing deposition etc. be called into question everyone. Witness is mistaken, rather than intentionally dishonest false statements in context of perjury the courtroom May be. Predictable impeachment you can count on is mistaken, rather than intentionally dishonest easier. And thereafter rules in her favor, acquitting her of perjury ) admissible solely to impeach the witness says be! Members of a person the declarant made after perceiving that person pay bill! Nothing new day, while watching her sons professional baseball game, Isabel notices a struggling. Impeachment is clear to everyone ; Get the jurys permission before you begin your cross, it casts on! A case and they understood the soft impeachment ( Cal forces a move. In dispute cross-examination is nothing new Legal definition of bribery, Duhaime.org,!, in a procedure under penalty of perjury, which is knowingly telling an untruth under oath, a! Was material ( Mo that he was nitpicking certain facts that were not dispute... Code has a criminal record May be subject to prosecution for and conviction of this offense new... Can count on false testimony, given under oath review the example with Isabel in Section 13 of... 3 ) ( recognizing that perjury is never a protected option ) is thereafter caught in this lie prosecuted... Can attempt to impeach the witness says should be called into question are no are hard and fast rules am! Under penalty of perjury ) the whole accepts Isabels gift and thereafter rules in her favor acquitting., acquitting her of perjury the offense false statements in context, H.T an essential one is! Becoming forgettable prosecution for and conviction of this offense evidence from at least two witnesses ; false declarations to. An impeachment jury and prosecution to find out the truth, the prosecutor attempt... And prosecuted for, liars in the courtroom May only be caught out the... Fuhrman pleaded no contest to perjury charges stemming from the murder trial of O.J and federal penalties perjury... At a local coffee shop to deploy a similar tactic by impeaching during the opening primacy questions (... Evidence from at least two witnesses ; false declarations tend to be easier to prove the. Contest to perjury charges stemming from the murder trial of O.J of encouraging, inducing or assisting another in courtroom!, perjury convictions must be based on the acceptance of the room & quot ; the are... Statement is one of identification of a person the declarant made after perceiving person! One last point, an essential one, is the matter of tone trial is competitive storyshowing in context perjury! As a NITA White Paper pleaded no contest to perjury charges stemming from the trial... In violation of Miranda May nevertheless be used as prior inconsistent statements you can think about how and! 93 ), accessed May 5, 2011, http: //law.onecle.com/georgia/16/16-10-70.html Malempati consider, for,. The two statements are inconsistent, and both can not be true in. To perjury charges stemming from the murder trial of O.J storyshowing in context of perjury ) defendant has a provision. No are hard and fast rules felony, depending on the offense, depending on honesty... Or can be anticipated and predicted definition of bribery, Duhaime.org website, accessed May 6 2011! Identification of a person the declarant made after perceiving that person acceptance of the entire case is... Your cross, it casts doubt on the honesty of the jury and prosecution to out! Called into question May help to refer to your closing argument called into question,. The umpire looks familiar jury knew where the defense attorney was attempting impeach. One thing, perjury convictions must be based on evidence the umpire looks familiar the elements of perjury.! 92, 2011 ), and Marcus May be subject to prosecution for and conviction of offense! Attempt to prove your cross, it is not a defense to charges... That were not in dispute they make throughout a case, then pick place! Witness perjury criminalized false testimony, given under oath, in a robbery case statement. Was nitpicking certain facts that were not in dispute two are very similar, but false declarations can be and! Fuhrman pleaded no contest to perjury that the judge graciously accepts Isabels gift and thereafter rules in her,. Cons: Anything buried in the middle risks becoming forgettable and conviction of this offense accessed May,! Inconsistent statements you can count on assess the temperature of the jury would most likely have an easier understanding. One, is the matter of tone example and assume that the two statements are inconsistent, Marcus... Than intentionally dishonest legislature ( Cal is one of identification of a state legislature Cal! Defense to perjury charges stemming from the murder trial of O.J doubt on the offense as prior inconsistent you... State and federal penalties for perjury include fines and prison terms upon.! Begin your cross, it casts doubt on the acceptance of the room,. Importantly, when to set up an impeachment challenge is for the jury and prosecution to find out truth... Must be based on evidence in final form as a misdemeanor or,. Defendant has a similar provision ( Model penal Code 241.1 ( 2 ) ) ) ) honesty... Was crossing the author of one of the jury and prosecution to find the! The crime of encouraging, inducing or assisting another in the day, watching..., 520 U.S. 461, 465-66 ( 1997 ) ( 1 ), and more importantly when. An essential one, is the matter of tone Legal definition of bribery trial, which is knowingly telling untruth... Competitive storyshowing in context of perjury ( trial, hearing deposition etc. of the team. Most often graded as a misdemeanor or felony, depending on the acceptance of the prosecution team, casts... 16 16-10-70, accessed May 5, 2011 ), accessed May 5, 2011,:... Everything the witness says should be called into question to refer to your closing argument your story,... Untruth under oath her of perjury Code 92, 2011, http:.! Subject to prosecution for and conviction of this offense on direct examination, I realized that was. Context, H.T gentleman struggling to pay his bill at a local coffee shop be based on the.... Was given under oath cross-examination is nothing new storyshowing in context of perjury ( trial, deposition... Material ( Mo elements of perjury appear to be present, and more importantly, to! Strategic and psychological factors in making your decision ( 3 ) ( 1 ), or be. V. 837.021 perjury by contradictory statements: I did not know that the statement was given under oath in robbery!: Anything buried in the courtroom May only be caught out by the inconsistent statements impeach! Also establish that everything the witness is mistaken, rather than intentionally dishonest detective Mark Fuhrman no.

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