Original subtitles

Oh, Nick, I... I didn't know who else to call.

You were so good with him the last time.

It's okay. Now, where's Mike? He's in his room.

He's locked the door-- I'm afraid he's gonna hurt himself.

I can't believe the cops accused him

of raping somebody? He wasn't making any sense.

He just kept saying that

he didn't want to go to jail. Mike?

It's Nick Morelli. Your mom called me.

She's worried about you.

Mike?

How long has it been since you've heard anything?

I don't know, maybe five minutes.

Nick? Mike, slow down.

Just slow down.

That could be an ambulance, Mike.

Now, just tell me what's going on. I didn't rape anybody, Nick.

Okay, now, why would the police think

that you raped anybody? Just tell me.

Mike? I was walking home from Desi's,

and they came flying up, then they threw me

against the car, and they said that the guy had

a red hoodie just like mine, and they kept asking me why I

did it, and he went for his cuffs, and then I just ran. O-Okay, nothing that's happened

can't be fixed, but we got to deal with

the situation right here, Mike; the police are coming.

They're not gonna believe me. Mike, they will listen to you.

I am here, I will protect you, I'll take care of it--

don't worry about it.

Mike, put that gun away. What are you doing?! Put the gun down!

May, now, go in the bathroom, and lock yourself... Put that gun...

Go now, May!

Mike, you got to give me that gun. Mike, give me that gun.

I can't go back to jail. Give it to me. The police are

I didn't do any... gonna be here soon, and as soon as they get here, you're not

gonna look good with a gun-- now, give me the damn gun!

Police! Open the door! Give it...

Give me the gun!

Gun! Gun! All right,

all right, all right! On the ground!

This is my client! We are not resisting arrest!

Here's the gun! Face down on the ground now! Face down!

All right, in my suit pocket, there's a business card.

I'm an attorney!

Hold on, hold on.

I know him; let him up.

Nick, you got to help me, okay?

He invokes his Fifth Amendment rights.

Hey, Morelli, what do you call a defense lawyer

holding a gun? What?

Justifiable homicide.

Hilarious.

It won't be, next time.

Captioning sponsored by CBS

Now, you've known Mike since he was 12? Oh, yeah, yeah.

Played shortstop on that Pete and I sponsored.

Then five years later, got busted for possession.

Wow. And where's his dad?

He ran. He was gone before I met the boy.

Here he is.

How you doing?

What happened?

Nothing. I'm fine.

You didn't answer me.

We're well past capacity in here.

Things happen.

Yeah, well, not to this kid.

If I see one more scratch on him,

I'm gonna depose every one of you guys wearing a badge.

Are you all right? I'm fine.

Guy sucker-punched me.

All right, this is Lisa, my associate.

She's gonna run us through the facts of the case.

All right, the police report says

that the victim was asleep in her apartment

and woke up when the attack started at 10:17 p.m.

She called to report attacker had lefte

at 11:14 p.m. I was home till after 10:00-- my mom can prove that.

We were watching TV, and go out for a while.nna

She told me to make sure the door, and I left.

Well, thathelps.

Well, it's a start, but a mother

sticking up for her son-- that's not the strongest alibi.

What did you do after you left? I was at Desi's the rest of the night.

Desi. And when did you get there, and when did you leave?

10:30. Left after midnight.

I was walking home when the cops jacked me up.

We're gonna need Desi's full name and number.

Is my mom here yet?

Your mom? Yeah, she's here.

You'll be able to see her.

Now, let's finish up.

She'll come in.

Nick? Yeah?

Everything's gonna be okay, right?

Yeah, Mike, it's gonna be fine.

Hey, May.

I don't want you to freak out,

but, uh, he's banged up a little bit.

Oh, my God, what happened?

Well, an inmate attacked him.

But I already put the guards on notice.

If anything else to protective custody.

Oh, my God.

Now, Mike said he was at home

with you until after 10:00

last night watching TV?

Yes. He was.

We were watching TV, and then he went out.

Do you remember what you said to him?

Well, I always tell him when he goes out.e doors

Okay, May,

go see your son.

Being a juror is an honorable and rewarding job,

but the rewards jury duty offers

are balanced by important responsibilities.

Hey.

Is this taken? Hey.

There's something off

about that judge. Oh, yes, there is.

Hello.

Shoot!

Pull the chute, honey-- you just got shot down.

No, I...

just got a smile; you missed it.

And it is your job

to report juror misconduct...

Hm! If anyone knows about misconduct...

What?

Tell me!

Last year the cops found him passed out in a sex club.

Head-to-toe rubber suit.

Had to breathe out of this little snorkelly thingy.

Swore it was a "weight-loss outfit."

I don't remember hearing that in the news.

It wasn't. You hear things when you're a defense attorney.

Oh.

Somebody drank my juice!

It's behind the milk.

It's gone!

Oh. Thank you.

Hmm. What do you got?

Desi Williams, 21.

Mike's known him since they were both 16.

Met him in drug court-- program together.

All right, all right, well, they were juveniles,

so we can keep that out; any other trouble?

A bust at 18 for possession.

Oh, please say pot.

Pot, pot, pot, pot?

Heroin. I heard "pot."

Well, Desi's totally since then, though.

He's working for the past few years,

going to N.A. meetings regularly. All right, well,

when are you gonna talk to him?

Because we need to lock in that alibi. Well, he hasn't

called in to work and his landlord hasn't seen him,

but she promised to contact us the second she does.

All right, what about the victim?

Um, a Lona McKerin, 21, full-time student at USLV,

no arrests, no history emotional problems.or

Detective Smith.

I had to promise the dispatcher tickets

to Thunder From Down Under.

Before you go, I need you to sign these.

Sign.

Initial.

Sign.

Oh, wait, that's for Pete.

That's for Pete. Give me that.

He's using a corporate card to buy his suits?

I don't know. I don't know anything.

Zoey... Zoey! I don't know.

Zoey!

Ladies and gentlemen, you've all been sworn.

This case involves a charge of attempted parental kidnapping.

The defendant, Alexei Nemerov,

has been accused by his former wife,

Kelli Lazine, of abducting their son.

Now, has anyone here

had anything to do with the defendant

or any of the lawyers involved in this case?

Judge, I'll see ya.

Anyone other than Mr. Kaczmarek?

Down.

Um, I-I'd like to be excused from this jury.

On what grounds? Well, I don't have a car,

so to get here this morning I had to take three busses.

Sorry, that's not grounds for dismissal.

Um, if you want to carpool, I have a convertible...

Sorry. Sorry.

Mr. Anderson, it says on your questionnaire

that you're recently divorced.

Do you think that will affect your ability

to be impartial in this case?

No. So the divorce

was amicable?

I wish she were dead.

State strikes for cause.

You are free to go, sir.

The defense strikes for cause.

You are excused, sir.

The State strikes for cause. Free to go.

Strikes for cause. You are excused.

State strikes for cause.

Free to leave.

Strikes for cause.

Free to go.

Free to go.

You are dismissed.

You are excused.

Free to go. Dismissed.

Excused.

Does the State or the defense

have any more peremptory challenges for this jury?

No, Your Honor.

Cole, psst, psst.

No, Your Honor.

We have a jury.

Thank you all very much. Please see the jury clerk.

And trial starts tomorrow.

Excuse me. Coming through.

Cole... Cole... No, I can't talk to you.

Are you insane? I...

You just put a defense attorney on your jury!

Look, despite how

I feel about you personally, Kaczmarek,

I know you love the law as much as I do.

Okay? Which is why I'm hoping you'll overcome

all your baser instincts and convict.

And when you do, a little piece of you is gonna die inside.

9:00 sharp. Don't be late.

My, you got such tiny feet for a man with a big mouth.

It's my day off, Morelli. Hank, listen,

I need to talk to you about my client, Mike Wayne.

Less than an hour after the victim

reported the assault, your guys picked him up

because they think he did it?

He matched the description and he was in the area.

Well... My guys asked him a couple of questions,

and he turns into the Flash.

Innocent people don't run from the cops.

They do if you bounce them off a cruiser. And who bounced him off a cruiser?

Your guys did. Yeah, they did. No, they didn't.

No, they didn't! Yeah, they did.

No...

Okay, okay.

Did you even look into any other possibilities?

Sex offenders in the area, guys on parole?

Did you check DNA or prints?

No useable prints, no DNA.

Latex residue, however.

He wore a condom.

Look, the kid's only other charge is some grass as a minor.

Now all of a sudden he's a master rapist that knows enough to hide his own DNA?

Come on, Hank, it doesn't make sense.

This doesn't fit.

You know what fits?

A couple of hours

after we pulled your client from his house,

the victim put a big red circle around his picture in a lineup.

"That's the man that raped me, Officer."

I wish I had another story for you, Nick, but I don't.

Now, it's my day off.

I'll see you guys in court.

Bye.

Aw, come on, what is this all about?

I have no idea.

Is this the right address?

The one the landlord texted me.

You look nice today. Thanks.

Where'd you get that outfit?

Pete got it for me. Pete?!

Yeah. Did he put it on a corporate credit card?

I heard it was on sale.

Hey, Nick. Detective, how are you?

Good. Heard you almost got shot.

Oh, yeah, good times, good times.

Oh, I bet, yeah. What are you doing here?

I'm here to see a witness

about a case. What's his name?

Uh, Desi Williams.

You didn't bust him, Tom, did you?

We didn't just bust him.

Oh...

How long has he been gone?

Less than 24.

Cause of death?

Judging by the bindle in his pocket,

the needle in his arm, I'm going with heroin overdose. Oh, man...

I heard "pot."

Positive victim I.D., a dead alibi witness--

we're screwed.

If we were on a mountaintop with a telescope,

we couldn't see the light from screwed.

No.

Desi doesn't get high anymore.

It was someone else-- they make mistakes, right?

They make mistakes.

Mike, well... I got the crime scene photos.

It's Desi.

Hey...

they have the time of death--

right around the time you two were together.

Now, tell me,

will the prosecution have

evidence saying that you were doing drugs that night?

No. Just eating some pizza and playing some video games.

Are you sure?

It's okay-- I just need to know.

I can't get blindsided in court.

Hey, I'm clean.

I'll take a test

if you want.

Okay.

Hey. You look like a truck just hit you.

So do you.

Yeah, well, my best alibi for the sexual assault just O.D.'d.

They just put me on a jury!

Okay, on the scale of things, not as bad, I'll admit it.

I'm glad you didn't lose your perspective.

Is that a new suit?!

This is a perfectly valid tax exemption. Pete,

this... is a business credit card.

You cannot write off suits.

It's not a suit; it's a work uniform.

Pete, you know how they brought Al Capone down?

It wasn't the G-men; it was the IRS.

I know; I saw the movie. Didn't you learn anything from it?

Yeah, don't lie to Robert De Niro if he's holding a baseball bat.

Come on, Pete, you can't do this!

Everybody does it. Okay, okay, I didn't just hear that.

I didn't hear anything you said about committing tax evasion.

So when the IRS comes

and drags your ass to jail,

I'm gonna act shocked and confused.

After your divorce from Mr. Nemerov,

who was awarded primary custody of your son, Sasha?

Alexei was too busy whoring around

to be a proper parent.

Objection, non-responsive.

Sustained.

Objection, Your Honor. Non-responsive.

Sustained. The witness will limit herself

to answering the questions.

I have custody.

He had visitation.

And on the day in question,

where did Mr. Nemerov tell you

he was taking Sasha? A movie.

And when Alexei didn't bring him back by Sasha's bedtime,

I called the police.

That seems extreme.

How did you know your ex-husband had abducted him?

Objection, leading.

Objection. Mr. Cole is leading the witness.

Sustained. Shh, you're gonna get me in trouble.

And once he was apprehended,

where had Mr. Nemerov actually taken Sasha?

To the airport...

about to board a flight to Russia.

If they had gotten on that plane,

I never would have seen Sasha again. Objection!

You were gonna hide him in some backwater hovel

just to punish me, you bastard!

Hate her.

Mr. Nemerov, you quit your sales job

at Petersen's Used Carland two days

before you were apprehended at the airport, is that correct?

It was time for a change.

So it wasn't because you had

no intentions of ever returning from Russia?

No, no, no. You stated earlier

that Miss Lazine gave you permission

to take your son to Russia.

Yes. Uh, to attend the birthday of my grandmother.

Her 90th.

Talk directly to the jury; that's a defense lawyer trick.

This guy is good.

I just wanted my son to see his great-grandmother

before she died.

She said

it would make her life... complete.

Hm.

I was asleep.

Um...

I'd had a pretty long day, so I fell asleep early.

And then I...

I felt a pressure on my chest.

At first I thought I was dreaming, b...

He was tying my arms.

You woke up, and the attacker

was on top of you?

I fought so hard.

I really did.

People say you, um...

you float out of your body, but I didn't.

I didn't at all.

I wanted to so badly...

But I...

We can take a break.

No.

Please, I want to do this.

It was, um...

it was dark, but I could tell that he had a...

he had sort of a baby face, 'cause he, uh...

no scruff, you know?

I could...

I could feel him rub against me when he was...

...as he was raping me.

Do you see the man who sexually assaulted you

in this courtroom today?

Yes.

Him. He raped me.

No, I didn't. Order.

I didn't. She's wrong. I didn't... Mike, stop.

Control your client, Counselor.

Stop it. Stop. Your Honor,

we're terribly sorry.

The State rests.

Mr. Morelli.

The defense has no questions

for the witness at this time, Your Honor.

We finally got

the police video

of Lona McKerin picking Mike

out of the photo lineup. Great.

Let's see it.

Okay, if you see the man

who attacked you, just circle his picture

with the red pen.

I have the one from before.

This one.

You sure?

Yeah. Okay.

She said, "I have the one from before."

Yeah, so?

What before?

I wish you weren't here today, Miss McKerin.

I wish I didn't have to ask you these questions.

But a terrible crime

has been alleged.

Miss McKerin, I'm gonna show you

the police video of your identification

of my client, and then

I'm gonna ask you a few questions.

Are you gonna be okay with that?

Okay.

Thank you.

Okay...

if you see the man who assaulted you,

just circle his picture

with the pen.

Take your time.

It's okay.

Can I take a break?

Yeah, sure you can.

I'm just really tired.

It's fine. No problem.

Do you remember asking for a break?

Yes. I-I had been up for so long.

Absolutely, absolutely, I understand.

But you resumed a half hour later, is that correct?

Yes.

Okay.

Okay, if you see the man who attacked you,

just circle his picture with the red pen.

I have the one from before.

This one.

You sure?

Yeah. Okay.

Miss McKerin, is this the...

lineup that you circled?

Yes.

Were you aware that this was not the original lineup

you were shown?

What?

You were shown two different photo lineups

that night, and the only person

that appeared in both...

was my client.

You had no idea

that there were two, did you?

No.

You were unable to identify my client

in the first one.

Is that correct?

Yes.

But you could see him in the second one.

Yes.

Is it possible...

that that's because you remembered him from

the first photo lineup and not the attack?

No.

No, it has to be him.

Wh... When I pointed him out, they told me not to be afraid

because he was in jail already.

Now, I-I know this is very tough for you,

but I need you to take a moment right now and just think.

In light of these new facts,

can you say, for certain,

that it was my client

who sexually assaulted you that night?

Objection, asked and answered.

Overruled.

You may answer the question.

I'm not sure.

Miss McKerin...

you need to be sure.

I don't...

I don't know.

No further questions, Your Honor.

Okay, Mary, we are all clear that you do not believe Kelli.

Now, without using the term "micro-expression"

or anything else you might have learned while watching

48 Hours Mystery, can you please tell us why?

She seems like a bitch.

Aw, come on!

She thinks so, too.

I didn't say it like that!

Okay. Kelli...

was a terrible wife.

She was judgmental,

she was withholding,

she was snippy, and...

Alexei, all the cheating aside, seems great.

He's-he's funny,

he's personable,

he's good-looking.

Both of them love Sasha with all their hearts.

Do you both agree with that?

Right, Mary?

Yes.

Talia? Yeah.

Great. None of that

has anything to do with our verdict.

Here we go. "If the mother of a child

"has primary physical custody,

"the father of the child shall not

"willfully conceal or remove the child

from the physical custody of the mother."

That is all we are allowed to consider.

Now, did Alexei willfully

conceal or remove Sasha from Kelli?

Hands for guilty.

Come on, Mary.

Yes.

Talia.

Come on.

Come on.

All right,

all right.

Guess we'll pick up tomorrow.

All right, I'm out of here.

That's that. - Please, we've been here forever.

Gladys, careful with that diabetic cat.

No more candy for her, okay?

Can we just make up a verdict, please?

See you guys tomorrow. Talia.

Just one sec.

I'm not disputing

that the...

cuisine is four-star...

but come on, don't you have a life you got to get back to?

I have to go.

Hey, Talia, you forgot your purse.

How are those busses running?

Fine.

Hey.

Sorry I'm late. Are you all right?

Yeah.

Sorry, I'm... I'm just not used to all of this.

Well, it's a good thing.

Find anything?

Not much.

She was a full-time student

at USLV, huh?

Yeah. Why?

Where's her books?

Wait, look at this.

She works at Fabio's.

A lot.

How does a full-time student work a double shift

six days a week?

Hey, Nick.

Hey.

What, um...

what is this?

I can't see with your fingers in the way.

It is a bill from our corporate card

with charges for room service

and spa treatments at the Beverly Hills Hotel.

That was from a year ago!

Don't change the subject.

I was at a legal seminar

in Los Angeles-- what, are you going through the files

trying to find something on Nicky?

You went with Jess. She's my wife!

Vacations with your wife-- it's not a valid

business deduction. Uh, ring-ring, hello?

Oh, Mr. Tax Computer. How are you?

Who you looking for? Nick Morelli?

Yeah. Stings, doesn't it?

Ow!

I'm gonna sting your ass.

Ha-ha-ha!

Lisa.

Pete.

Hey, what's going on?

Well, Lona was a student at USLV,

but she dropped out...

after accusing another student of sexually assaulting her.

How come we don't know about this?

No charges were filed.

School handled it internally,

and during the hearing,

it came out that both of the students

were under the influence of alcohol,

and the school dismissed the charges,

then she dropped out. Do we have the name of the guy she accused?

Well, we can't use this in court.

Well, what do you mean? The allegation

goes to the accused's credibility.

Look, I know this is your first rape case, Lisa...

That has nothing to do with it, okay?

This is about attacking the victim.

The jury needs to know if the victim lied

about a past sexual assault.

Yeah, well, she's not lying now,

'cause they did a rape kit on her.

And our guy didn't do it. Yeah, and Lona

already admitted on the stand that she wasn't sure

Mike was the guy who attacked her.

So we already have our reasonable doubt.

Okay, Lisa... let's play this out.

What now?

We drop our defense

and just...

hope the jury goes along with us?

Well, what do yo want?

We're just supposed to go ahead

and destroy this girl's reputation?

You think I want to do this?

Huh?

Is that what you think?

I have no choice, Lisa.

You were a student at USLV, is that correct?

Yes. And you just dropped out?

Objection,

relevance. Withdrawn.

Miss McKerin...

...have you ever made a claim

for a sexual assault before? Objection,

the question introduces

inadmissible prejudicial evidence.

It goes to credibility, Your Honor.

I'll allow, but you are on a tightrope, Counselor.

Have you? Yes.

In college.

Was there an investigation into that claim?

Yes, there was.

And what was the outcome of that investigation?

The administrative board ruled that the charges were false.

They said that I was lying.

I wasn't.

Thank you.

The court will take a ten-minute recess.

Hey. Hey.

How you doing?

I'm okay.

You want to go over anything before you testify?

No.

She's gonna be all right.

You know, Michael could afford to move out...

but he stayed 'cause he knew I...

I couldn't stand to be in the house alone.

He's good to me.

Mm.

And you're good to him.

You know, if you want an ear,

if there's something you want to talk about, I'm here for you.

I don't know what to do.

I'm all he has.

Hey, just do what your heart tells you to do.

He's my son.

She's their daughter.

I had a couple glasses of wine,

and I fell asleep while we were watching TV.

What time? I don't know.

When I woke up, it was around 9:00. Where was Mike?

I didn't see him.

You didn't see him,

or...? He wasn't home.

I looked.

Okay...

All right.

We got a problem.

Desi's gone; my mother has to testify-- she's my only alibi.

Mike, I-I can't put your mother on the stand

if I know she's gonna commit perjury.

What are you gonna do?

I'm gonna let the defense rest.

The victim's testimony

is suspect.

Is that enough to win? - Well, it helps

that there's no physical evidence, but there's no way to know for sure.

Put me on the stand.

What are you gonna say, Mike?

I mean, your alibi is based

on your mother's lie that she saw you leave.

But the jury doesn't know that.

What?

Well, the truth doesn't matter.

You're a defense lawyer-- your job is to win.

So you got to put me on that stand

so I can convince the jury that I'm innocent...

...just like I did with you.

If you don't, it's ineffective counsel.

I get a new trial anyway.

Guard?

Just do your job.

I'm not going to jail for this slut.

Nick! Hey! Hey!

Nick! Nick, come on! Guard! Guard!

Come on.

I looked that kid dead through the eye,

and I can't believe I didn't see through his act.

Well, you've known him since he was 12--

you wanted to believe. Aw, I'm smarter than that, Pete.

Okay, well, what now, Nick? 'Cause if you put him

on the stand and he's lying, you're committing a felony.

You got to withdraw from the case.

Yeah. No, we're in the middle of the trial.

No way in hell the judge lets me out.

I can't believe it.

I made that victim...

doubt herself.

I practically called her a liar.

There is another option.

Mike wants to testify,

you let him testify on the narrative.

Step back and let him tell his own story.

And if Nick doesn't question Mike on direct

and he doesn't object during cross,

the ADA will know something's up.

Let him sink himself.

Why don't we save time?

Put "I'm a lying rapist"

on a sign around his neck.

No, Nick,

let him do it himself.

Get out of the way.

That's what you got to do.

No.

We're defense attorneys--

we defend.

That's what I got to do.

Is the defense ready to call its first witness?

Yes, Your Honor.

Well, Counselor?

Just do your job.

Mr. Wayne, can you tell the court

what happened the night

of this alleged offense?

I ate some dinner with my mom,

and after dinner, we both watched some TV

until a little after 10:00.

I told her I was going out for a while,

I gave her a kiss good-bye, and I-I left.

Is there anything else you'd like to tell the court?

Well, after I left the house,

I walked to my friend Desi's apartment.

Got there around 10:30,

and I sat on his couch and played some video games.

I left right after midnight,

and I was accosted by some police officers.

I have no more, Your Honor.

Thank you.

Your witness.

Mr. Wayne, you said you sat on Desi's couch

and played video games that night.

Is that correct?

Yes.

Where was the couch?

In his living room.

And where was the television?

Across from the couch.

So... you couldn't have been at the victim's house

sexually assaulting her, because you were at Desi's

playing video games?

Yes.

Mr. Wayne, this is a photo taken

at Desi Williams' apartment after his death.

Mr. Wayne...

can you explain

how you play video games

on a television that isn't there?

Mm.

Zoey.

It's go time.

Oh!

Sorry.

Wait. This isn't my purse.

Huh.

Petersen's Used Carland.

I hope you're aware that jury tampering

is a serious allegation, Mr. Kaczmarek?

I am, Your Honor, but during voir dire,

she made a point about how she had to take the bus

because she didn't have a car.

Was I the only one paying attention?

And you're sure

that the key ring was from

the defendant's previous place of employment?

Petersen's Used Carland--

a name that bad is hard to forget.

Were you aware of any contact between

the defendant and this woman? No, sir.

Get the juror. Thank you, Mr. Kaczmarek.

You noticed she had a new purse, huh?

I notice everything.

I'll be expecting a gift for making your case, Cole.

Shoulder bag or tote?

I can still hear you.

Sorry. Sorry.

Has the jury

reached a verdict?

Yes, we have, Your Honor.

On the crime of sexual assault, the jury find the defendant

Michael Wayne, guilty.

Thank you.

Court is adjourned until tomorrow,

when we begin the penalty phase.

You son of a bitch.

You set me up.

You did it all yourself, my friend.

I'm gonna get a new trial, 'cause you didn't do your job, Nick.

Good luck with that.

I'll have what he's having.

What are you doing here?

That hot juror that was a hold-out... Yeah?

Defendant gave her a car to hang the jury.

Ten minutes after replacing her, 12-zip, guilty.

What kind of car?

A used Tercel. Geez!

God, I wouldn't sell my soul for less than a four-door.

Thanks, Steve.

Pete...

you ever wonder...

what we'd be doing if we weren't lawyers?

Well, a hundred years ago, my ancestors were

digging up potatoes with their bare hands.

Even our worst day is better than that.

Here's to our worst days.

And the better ones ahead. Sir, yes, sir.

Leave the bottle.

Here. Let me get it.

Whoa-ho, easy.

You know who got Al Capone, don't you?

Yeah, it was the, uh... G-men.

Right?

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