Good morning from #Waukesha

It’s day 16 of the #DarrellBrooks trial, starting the fourth week of proceedings.

We could see Brooks take the stand today. We also could see his mom, Dawn Woods, to take the stand. #WaukeshaChristmasParade @SpectrumNews1WI
@SpectrumNews1WI Judge Dorow just asked #DarrellBrooks if he intends to call any witnesses today.

"I don't believe today..."

If his mom doesn't testify today, he will have to decide if he is or is not taking the stand.

He asked the judge if she received his inmate communication form from Sat
He said he forwarded them Saturday afternoon, but the state and judge have not received them. They're working to check

spectrumnews1.com/wi/milwaukee/n…
Brooks said the topic is dealing with exculpatory evidence. "Some things were learned and I felt the need to immediately address the court."
Brooks said one of the state's witnesses claimed there was no recall on the 2010 Ford Escape.

#DarrellBrooks said there IS a recall on that vehicle's throttle body, and that there is a class action lawsuit.
He said he wants counts 1-73 dismissed because there was a recall on the Ford Escape.

State said Officer Schultz said there was an extended warranty on that, and noted in his report there was no defect on the throttle body.
State said the defective throttle body would have caused the Ford Escape to stall.

State said #DarrellBrooks vehicle did not have this problem.
DDA Boese said this car had zero needed repairs for any recalls.
"It's a moot issue." - Boese.

Brooks said he wants a Brady Claim on this...

Definition: "Brady disclosure consists of exculpatory or impeaching information and evidence that is material to the guilt or innocence or to the punishment of a defendant."
Brooks said if there weren't malfunctions, people wouldn't have been suing Ford.

Dorow said just because there is a class action, that does not mean the state committed a Brady violation. Said Brooks had the chance to cross examine that witness
Dorow tells Brooks that the whole inspection was done on the car, the report was given to Brooks.

Dorow just got the ICF Brooks sent. "You had a full and fair opportunity to cross examine this witness."
Dorow: "There is absolutely no Brady violation by the state."

Dorow said the mechanical inspection looked at this issue and found this vehicle had no issues with that that would have impacted the mechanical function.
Dorow denies the request to dismiss the case and the request to recall Schultz
DDA Boese said the inspector's report was given to #DarrellBrooks in April, and Brooks had the report in front of him during cross examine.
Brooks said his mom is the one who told him the information about the recall.

Dorow said Brooks has had the information about this report through prior counsel and when he took over his own case. "It's a little bit too late."
Dorow said it's "speculative" of #DarrellBrooks

Brooks is saying he didn't have the information and his mom just told him about this.

Dorow denies the requests. Brooks is objecting.
Brooks appears to be reading from a paper/script, asking a bunch of questions of the judge, who denies all of his requests.
Brooks: "For the record, it appears the court is acting in contempt of the law, your Honor."

Dorow: That is very vague. There's no motion based in law or fact, so this court cannot address that last statement of yours.
#DarrellBrooks : "How do I know what you're doing is legal, your honor?"

Dorow: "Mr. Brooks, we're moving forward."

Dorow said she needs to give him advisements on testifying ... "I don't need your advice" he said.
He continues to interrupt him.

He's telling Dorow she doesn't need to read him his advisements.

"I still don't have to answer. So you're holding me in contempt yet again."

"Mr. Brooks, I have not held you in contempt."
Dorow and Brooks are just speaking over each other right now.

He wants her to explain Illinois v. Allen.

"You're holding me in contempt...with all respect.."

Dorow: Ok. Mr. Brooks wants to continue to debate with me Illinois v. Allen.

Sh said it's clear he wants to delay.
She's moving Brooks to the other courtroom.

We're on recess.
We’re back. #DarrellBrooks is in the other courtroom.

Dorow said Brooks interrupted her 27 times
#DarrellBrooks now lifted his Bible in front of his face.
Dorow said while she appreciates that Brooks didn't raise his voice at her, he didn't stop interrupting.

Said at any time, Brooks can ask to come back to the courtroom under Illinois v. Allen, but he must abide by rules.

Dorow: even if he doesn't ask, I've brought him back
Dorow again said Friday was one of the most challenging days to date.

She needs to go through the advisements before he takes the stand if he wants.

She asks again if he has any other witnesses at the courthouse to call today.

"I need an answer to that question sir."
He asks to address subject matter jurisdiction.

She mutes him. "I'm not going to address subject matter jurisdiction."

Said that is a "ploy" by #DarrellBrooks
"Do you have any other witnesses, other than yourself available at the courthouse to call this morning? Meaning now."

Brooks again brings up subject matter jurisdiction.

"If you fail to answer that question, I will interpret that as a no."
"Do you have any other witnesses, other than yourself available at the courthouse to call to testify right now?"

He asks why he was muted.

She's asking a different way.
Dorow asks if #DarrellBrooks is going to call Dawn Woods.

He's finally put on his headphones in the other room.
"When I'm in the actual courtroom I can hear."

Now he's yelling at Dorow because Dorow said his claim that her muting him affects the audio in that room. He said she's lying on the record.

She muted him.
Dorow: "Based on his failure to respond, I'll find he has forfeited his right to call any additional witnesses based on his conduct in his case."

#DarrellBrooks
Brooks took his headphones back off.
Dorow is telling Brooks to put on headphones. She instructs Bailiffs to tell him the same, just in case.

Dorow said she's been advised that the audio in that room is 'very loud and clear'
He hasn’t put his headphones on and is not responding.

“He has a book in front of him but I haven’t seen a page turn.” #DarrellBrooks
She's asked him multiple questions, and #DarrellBrooks isn't answering any of them. He's just looking at the Bible.
Now Brooks speaks. "Am I muted?"

"You've been unmuted sir."

"So, what are you talking about? Are you talking about subject matter jurisdiction?"
"Cut the crap." - #DarrellBrooks to Judge Dorow.

Dorow said he's feigning his ability to hear.
Brooks is saying Dorow needs to stop making false records about him being unable to hear.

"I would appreciate that you make the record clear and correct."

"Clearly he heard me say that."
Dorow said the volume in that courtroom is 2 to 3x louder than the main courtroom.

Dorow asks #DarrellBrooks if he has made decision to testify.

He started yelling about subject matter jurisdiction, her name, her oath, "a clear attempt to stall these proceedings."
Dorow is giving #DarrellBrooks another chance to answer if he has made a decision to testify.

He remains silent.

"Am I unmuted?"
Dorow: "It is very clear to this court that he uses this statement that he can't hear as a delay."

Brooks takes the headphones off every time she mutes him.
Dorow: "This court is attempting to through the needed colloquy...he's refused to answer simple questions."

Said he must answer these questions, without him providing answers, the court finds he is forfeiting his right to testify on his own behalf.
Dorow is giving #DarrellBrooks *another* chance to go through this colloquy.

"If he fails to answer these questions, he is forfeiting his right to testify based on his own conduct."
Dorow asks Brooks if he's aware of his constitutional right to testify/not testify.

"I don't understand and I'm not aware."

Dorow changing the verbiage.

"I didn't hear you I don't understand anything."
Dorow muted him again.

"This court has tried to no avail to get Mr. Brooks to answer simple questions... I was very clear prior to unmuting him that he needed to not interrupt this court. He has done nothing to demonstrate decorum."
"The record is full of his tactics in this case."

- Dorow in regards to #DarrellBrooks, who she said is just trying to delay the proceedings.

He's taken his headphones off, but the audio is still on in that courtroom.
Dorow said the court cannot let #DarrellBrooks take the stand given his conduct.
Dorow: #DarrellBrooks is a "stubbornly defiant individual."
Dorow is putting all of this into the record right now
"This court is not making an arbitrary decision."

"He was repeatedly warned that failure to answer the questions" would forfeit his right to testify.

#DarrellBrooks
There are no further witnesses for the defense.

The state has no rebuttal witnesses.

Dorow wants #DarrellBrooks to come into the other room. She asks if he will honor that ruling and not challenge it in presence of jury.
"You're trying to coerce me into violate my right to remain silent? I didn't answer nothing that you were trying to ask me before and you can't make a decision for me. You're violating my constitutional rights"

#DarrellBrooks
She mutes him. He takes his headphones off.

"His lack of consent to this entire procedure is noted on the record."

Dorow is leaving him in the other courtroom. Jury will be advised that should not influence them in any way.
Jury is coming in. It'll be a short day for them, which, I'm sure, they won't object to.
Brooks is very animated in the other room right now, he's muted.
Defense is rested.

Jury dismissed. #DarrellBrooks
Dorow tells jurors tomorrow thy will get their instructions, and hear closing arguments, and by tomorrow evening or sometime Wednesday, they will get the case.
On a 10 minute break. Dorow bringing Brooks back in and they'll start jury instruction conference.
VIDEO: Judge Dorow tells the jury thee defense is rested, and dismisses them for the day. #DarrellBrooks is seen gesturing from the other room. His defense was rested by the court because of his failure to participate in the court's colloquy to testify himself @SpectrumNews1WI
We're back on the record.

Brooks is still in the other courtroom. Dorow said she wants to make a record of the audio/video.

She's putting a bailiff and IT specialist under oath to testify about the audio/video in that room.
Nicholas Kibler is the first Deputy to take the stand.
Both the audio and visual were working properly, he said.

Said the audio was a lot louder than it has been, as well.
State asks Kibler about when Brooks asks if he was muted.

"Did the audio in the courtroom continue to work?"

Yes.

Kibler said #DarrellBrooks told deputies he does not want to come back in to the main courtroom. Brooks has no questions for Kibler.
Zachary Tremaine is the IT coordinator.
The courtroom is 67 decibels

It’s louder than the media feed decibel level which he said is 55-60 decibels
Brooks said he doesn't consent to his name.

Asks Tremaine about hearing loss "It'd be fair to say you don't know if I can hear everything good?"
Alright. That's finished.

Jury instructions are 107 pages, Dorow said.
Brooks said "I accept for value and return for value these documents."

Also brings up subject matter jurisdiction.
Brooks asks why he hasn't been able to put his filings into evidence. "I didn't rest my case. So I don't know why that's being told."

#DarrellBrooks.
Dorow said she specifically found Brooks forfeited his right to testify.

Dorow said all evidence in a trial must follow all rules -- she said all of the documents he wants in the record were hand written, and therefore hearsay.

Dorow denies his request.
Dorow mutes Brooks.
He did momentarily pull his mask down and was shouting but out his mask back up.

Dorow said Brooks would’ve needed to testify about any statements from himself. He can’t put in an affidavit. Said it’s hearsay.
Dorow notes that Brooks put the instructions under the table or in a trash can.
He raised his voice, but Dorow mutes him. He feels she is violating his right to make a defense and put his handwritten filings into evidence.
He took the headphones off and handed them to bailiffs.
"You need to tell me why I can't present evidence."

Muted again.

Dorow: "He has himself to blame based on his conduct this morning and the rulings I made."

Dorow is moving forward
"I don't acknowledge anything!"

Dorow has a deputy pick up the instructions out of the trash can and give them back to #DarrellBrooks
#DarrellBrooks is now behind his boxes, which he moved directly in front of his face.
Dorow said #DarrellBrooks asked to go back to his cell.

She said no.
He is muted but you can hear Brooks absolutely screaming, but it's impossible to hear what he's saying. Judge said the same.
Dorow said Brooks is going to remain in that courtroom (he asked to go back to his cell)
No idea what he’s shouting but he’s shouting.
Brooks is still very animated. Has taken his suit jacket off and is seen slamming his fist on the table behind his boxes.
Dorow said she can still hear Brooks' shouting despite him being muted. That's how loud he is right now shouting from the other courtroom.
I'm stepping out to do an update with @AlysonBruner on @SpectrumNews1WI ... see you there starting at 11, and I'll be back to Twitter shortly.
I'm back. Brooks is SCREAMING at Judge Dorow. Said she doesn't understand anything.

She's asking if he has any requests for jury instructions.

He's screaming: "Am I muted?" Said he can't hear...then she's telling him to put his headphones on (he gave them away)
The judge also had his boxes removed.
“You don’t give a damn about what’s going on with me!”

“Mr. Brooks you’re being disrespectful”

“You’ve been disrespectful!!”
He’s claiming his charges for bail jumping are “double jeopardy” because he’s charged with the same in Milwaukee
"You always want respect but don't want to give it! You can't charge me with the same exact bail jumping that I was charged with before it even came about."

Dorow is explaining why he's charged with bail jumping and the distinction.

"It's the same charge!"
DA Opper said he is not charged with bail jumping in Milwaukee on 11/21/2021

Dorow explains to again to Brooks why and how he's charged with this charge.
"This is a circular argument, sir."

Brooks is saying those charges can't move forward.

"You're not going to talk over me!" - #DarrellBrooks says to Judge Dorow.
Brooks said "no matter how egregious and biased it is" I let you make your record.
Dorow said she's moving on, and Brooks said she can't as "I haven't given you consent." #DarrellBrooks
Dorow continues to ask if he has any additional requests on jury instructions ... again brings up the bail jumping saying that both counties can't charge him with that.

"Man this is ridiculous. I'm not even able to adequately defend myself.. What are we doing here your honor?!"
Brooks asks why he even needs to be here because "everything she's been doing" has been done "without his consent."

He's slamming the table.
Dorow gives him another chance and he doesn't answer. She mutes him. He said she can't move on without his consent.
VIDEO 1: This is when the state asks Judge Dorow to have the boxes moved so they could see #DarrellBrooks in the other courtroom.

He starts yelling. @SpectrumNews1WI
@SpectrumNews1WI VIDEO 2: #DarrellBrooks slams his fist on the table as he says he can't hear the judge. She tells him to wear headphones, which he gave to the bailiffs earlier in frustration. @SpectrumNews1WI
Just now, #DarrellBrooks said "I'm gonna tell the jury the truth" saying they haven't heard the truth in these proceedings from the court. He's agitated as the parties work out final jury instructions.
VIDEO 3: "You think God don't see what you're doing?" #DarrellBrooks tells Judge Jennifer Dorow

@SpectrumNews1WI
We're on a break for lunch until 1 p.m.
Appears we’re returning from lunch. #DarrellBrooks is back in the main courtroom.
Now we're back on the record. 1:01 p.m.
Dorow said she is not requiring Brooks to be in the other room. He's asking why, and asked again about subject matter jurisdiction.
Brooks: "Can I go back to that other courtroom? I won't finna do this with you. May I please go back into that other courtroom?"

"I didn't forfeit anything. I asked. I'm not going to expressly waive anything."
Brooks said he is not going to consent to anything he doesn't understand and won't answer any questions he doesn't understand.
Dorow asks if she keeps him in this courtroom if he will follow the rules of decorum and courtesy.

"I don't understand the question you are asking."
Dorow said unless he answers her question, he's staying in this courtroom.

He's starting to speak over her asking about subject matter jurisdiction.
Dorow: "I believe you're choosing not to answer them"

Brooks said he believes she's hiding stuff from the jury.
"You can't make me"

#DarrellBrooks in response to Judge Dorow saying he's staying in this main courtroom.

She said since he won't participate in a colloquy about his rights, he's staying.

He's now ranting about not getting to "adequately defend himself."
"You cannot force me to understand what you're asking me." #DarrellBrooks
"I'm trying to understand why you hold me in contempt..."

"I'm not holding you in contempt."
Brooks is just speaking over Dorow.

"That's a violation of my civil rights." #DarrellBrooks
"You can't force me to do anything." #DarrellBrooks
"That's a violation of my civil rights to force something on me. That's coercion, your honor." #DarrellBrooks
"Hearing and understanding are two different things." - #DarrellBrooks

Dorow: If you stop talking I will explain rule 315

Brooks: And I will say I don't understand.
"I never decided either way to testify or not to testify." - #DarrellBrooks

This instruction (315) deals with his right to silence.
Dorow asks several times if there is a request to change that Rule 315 to jury instruction.

He claims he doesn't understand the question, and doesn't answer.

Dorow moves on.
#DarrellBrooks is seated like this in the courtroom as Judge Dorow speaks
Brooks again asks to go to the other courtroom because he said Dorow isn't answering his questions.

Dorow: Are you waiving your right to be in this courtroom?

Brooks: I'm not waiving anything

Dorow: Then the answer is no. #DarrellBrooks
Brooks tells Dorow : "You haven't been impartial or fair yet!"

He claims he did not waive his right to counsel.
"Make the finding and kick me out. Make the finding and hold me in contempt." - #DarrellBrooks
"It's not impartial or unbiased. It's judicial misconduct." #DarrellBrooks
Brooks asks how he can defend himself if he can't provide evidence.
Brooks: "This is ridiculous, man."

Brooks is being moved to the other courtroom as he interrupted DDA Boses

"I'm not going to participate in no proceedings I don't understand."

We're in recess.
Dorow is back on the record, clarifying a statement she made earlier about the deputies taking the headphones from him. Instead, she said Brooks gave them to bailiffs saying *HE* did not want to break them.
Brooks claims he wasn't given the verdict forms.

"I wasn't provided with anything."

Also brings up subject matter jurisdiction.

Dorow asks her clerk how the forms were given. She said from her to Bailiffs to Brooks.

Bailiffs confirm.
Dorow said tomorrow, they will start reading instructions, stop, let closing arguments happen, and then finish instruction. #DarrellBrooks
Brooks is arguing about the modifiers for the charges he faces. "If there is no vehicle, there is no crime. The alleged defendant is accused of using a vehicle to commit these crimes."
"Without the quote unquote dangerous weapon, where's the crime?" #DarrellBrooks
Dorow denies the request.

Dorow just said Brooks put the verdict forms in the trash.
"Your request is not based in law or fact, sir."

(He asked to stay the proceedings until a court of competent jurisdiction hears his case.)
Brooks is now saying he doesn't understand the questions Dorow is asking.

"Under what law and fact can you say no?!" Brooks said as the judge said his refusal to answer is taken as a no.
"Of course I have questions if I don't understand!"

He wants all the instructions to be removed until he understand, or his instructions are added.

He slams the table
"I asked you to do your job." - #DarrellBrooks to Judge Dorow.

"I don't accept any of those jury instructions. Any of them! And again, I don't understand. Why do I have to keep saying this?!"
DDA Boese said jury instructions had to be filed in August, and they submitted, and defense agreed to those instructions.
"How they allowed to pass just because you feel they should when I tell you I don't understand them. Not one of those jury instructions came from me. Not one. How is that fair?" #DarrellBrooks
DA Opper is asking about sequestration of jurors and if overnight stays will be needed, and what the court needs to do with 3 alternates.
Dorow is asking Brooks if he has any input.

"Since nothing I say matters at this point, I'm just going to tell the jury what they need to know. I'm gonna tell them the truth."
Dorow tells Brooks his closing argument has to be based in law and fact and he said he will say what he wants. Dorow said state will object when necessary. "There will be a whole lot of objections."

He then said Dorow is "being slick"
The three alternates who are not deliberating will be kept separate from the 12 deliberating. Will be available if there is any issue.
Jurors will be back in the morning at 9. Parties at 8:30
Dorow intends to start with instruction, said she will take a break every 2 hours until instructions are read, with a longer lunch break.

Between 5-6 hours to fully instruct jury. 107 pages. Some are after closing arguments.
So, that leads too if the state will be ready to give closing arguments tomorrow.
It's another 30 pages of instruction after closing arguments.

State will be ready. DA Opper said it took 2.5 hours to read 69 pages of initial instructions
State estimates its closing argument is between 30-40 minutes in courtesy of jury and to highlight the important points.

Dorow will give each party an hour. She asks Brooks if he has any input.
She notes he is reading a book. He said he is reading "The Book" (the Bible)

He's now mocking the judge. He said he is not giving his closing argument tomorrow. She said if he doesn't he forfeits his right.

He's muted.
Jurors will be sequestered starting tomorrow night.
#DarrellBrooks: "You can't rush me to judgement and you can't practice law from the bench."

Brooks said he has the right to tell the jury can nullify laws and Dorow immediately shuts that down saying she has an instruction ready to go if he does that.
"Sir, if you understand jury nullification, you understand jury instructions."

"SHOW ME LAWFUL LAW THEN! SHOW ME!"

He's hitting the table with his fist.
Dorow now outlining all of the things #DarrellBrooks can not raise during his closing arguments, including jury nullification and subject matter jurisdiction.
Dorow said if #DarrellBrooks cannot pledge to follow civility, he will be moved to the other courtroom so she can use mute to protect himself in front of the jury.
Dorow said when the court is advised a verdict is reached, she will consider 30 to 60 minutes to announce to parties, victims, and media to get to the courtroom. @SpectrumNews1WI
Brooks: "How can you deprive me of my constitutional right? How?"

Dorow: You can forfeit your constitutional rights based on your conduct.
Dorow: There's a whole sheet of case law.

Brooks: Did they reserve their rights?"
DA Opper is putting into the record that she watched the deputy take the instructions to #DarrellBrooks and him dump them to the left of th table
DA Opper asks if there is a guilty verdict, if the court would do sentencing this week.

She said it depends on the timing. #DarrellBrooks
Brooks: "Since we're all making records to make me look bad..." and brings up if this is admiralty law, based on the gold eagle on the flag in the courtroom.

#SovereignCitizen

We're in recess.
VIDEO: #DarrellBrooks brings up a typical #SovereignCitizen argument about the gold eagle on top of the flag in the courtroom. That claim is the eagle/gold trip on the flag means its 'maritime admiralty law'

The claims, as Judge Dorow said, have no merit @SpectrumNews1WI

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More from @Andrew_Havranek

Oct 7
Good morning from Waukesha

It’s Day 5 of the #DarrellBrooks trial. Image
Deputy District Attorney Lesli Boese is asking if Judge Dorow can bring the juror that Brooks claimed gave him the finger at his initial appearance.

She wants that juror to put it on the record so Brooks can't keep raising that issue.
Dorow said there was a woman at the initial appearance who was warned by deputies, and was here in the gallery on Monday, and said she say "WITH CERTAINTY" that woman is not a juror.

Dorow doesn't think it's necessary to bring that juror up unless the state still wants.
Read 158 tweets
Oct 6
Good morning from Waukesha

Darrell Brooks is appearing in his jail jumpsuit, not a suit for opening statements.

He said he does not identify by the name Darrell Brooks, and has interrupted the judge twice now. #DarrellBrooks #WaukeshaChristmasParade @SpectrumNews1WI Image
@SpectrumNews1WI Judge: "Mr. Brooks, you do not have the right to interrupt the court. You will have an opportunity when I give you an opportunity."

Brooks: "I don't identify by that name."
Judge: "This is day 4, and every day Mr. Brooks has interrupted....that's another interruption. Stop Talking."

Brooks continues to talk over Judge Dorow.
Read 222 tweets
Oct 5
Good afternoon from Waukesha

#DarrellBrooks is back in court today, as he and the prosecutors work through some legal stuff before opening statements tomorrow.

Brooks is back in his orange jumpsuit as there is no jury present today.

@SpectrumNews1WI #WaukeshaChristmasParade Image
@SpectrumNews1WI You'll notice we have better camera angles starting today.

With @CourtTV providing pool cameras, the court allowed them to set up multiple cameras in the main courtroom, and have one set up in the side room where Brooks gets kicked to when he's disruptive.
The State’s table Image
Read 120 tweets
Nov 19, 2021
#KyleRittenhouse's family spokesperson is speaking to reporters now. We have it live on @SpectrumNews1WI
@SpectrumNews1WI "Kyle's a freeman, and rightfully so. It's been a hard year." - Rittenhouse family spokesperson.

"THey just want to spend time with their brother and son. The family doesn't have worry right now."
@SpectrumNews1WI apologies for any typos. *Free man*
Read 4 tweets
Nov 19, 2021
Good morning from #Kenosha!

It's day 15 of the #RittenhouseTrial, and the 4th day of jury deliberations.

I'm in the courtroom today. Judge Schroeder has more unrelated cases -- and it appears jurors may have gone right into deliberation as they have the last few days.
Confirmed with a bailiff, jurors have gone straight to deliberations. #KyleRittenhouse
Yesterday, we didn't hear from jurors at all until the end of the day when the judge asked if anyone had questions when they were being dismissed.

One of the women on the jury asked if she could take a copy of jury instructions home, which Schroeder allowed.
Read 23 tweets
Nov 18, 2021
Good morning from #Kenosha

It is the 14th day of the #RittenhouseTrial … and the third day for jury deliberations

The front steps of the courthouse are empty for now.
Per @mtarm with the AP, a court official said the jurors have begun deliberations for the day.

They were behind closed doors for nearly 9 hours Monday (with a lunch break) and nearly 8 hours yesterday. #RittenhouseTrial
Yesterday -- jurors asked to see several videos in evidence, including drone video that has now become part of two motions for a mistrial.

The #Rittenhouse defense said it didn't know it had a lesser quality version until last Friday.
Read 16 tweets

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