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Re: Man crossing Jersey City street struck and killed by off-duty Jersey City cop
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OneSkirt, I don't understand how you can state what PROBABLE CAUSE is since you keep referring to it as probably cause, which makes no Grammatical sense whatsoever . Speeding and leaving the scene (if in fact that happened) again in and of itself are not probable cause for an alcotest. I would tell you and the rest of the people what the probable cause for an alcotest is ,but unless you research it yourself ,you won't learn anything. I suggest you make a trip to the library and research PROBABLE CAUSE for the administration of an alcotest. Just don't look for it under probably cause because you'll never find it.

Posted on: 2013/8/12 1:37
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Re: Man crossing Jersey City street struck and killed by off-duty Jersey City cop
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He left the scene, as in he didn't stop his vehicle upon impact. Or pull over to see what happened. In fact, he drove about 1.5-2 blocks away before he returned to the scene. There were no skid marks at the scene. Per witnesses, he hit and ran, then returned. What he did in those estimated 60-120 secs. before he returned, we do not know (Like call a buddy for help, maybe??). So I hope his cell phone records are checked. Seems like the guy was driving so fast he has no idea he even hit anyone/anything. Then it dawned on him and he came back.

On the probably cause issue for breathalyzers, I personally feel that excessive speeding and a severe injury/fatality are major evidence of "probably cause".

Posted on: 2013/8/12 0:31
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Re: Man crossing Jersey City street struck and killed by off-duty Jersey City cop
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The language used by some here tells me immediately that they are cops. Words like "degenerate" are an easy tip-off. In any case, a JCPD cop killed a woman in Bayonne 2 years ago and walked away scot-free except for, that's right, a couple of tickets. Some people may be jumping to conclusions about the guilt or innocence of this cop but anyone who thinks it's wrong to infer that JCPD writing accident reports on other JCPD isn't a little suspect hasn't lived in this city very long.

Posted on: 2013/8/12 0:12
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Re: Man crossing Jersey City street struck and killed by off-duty Jersey City cop
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Here is an example of how much stock one should put into what they read in the Jersey Journal. At the bottom of the article it says that Robinson was arrested at his home at 5 PM.
I know for a fact that Robinson was nowhere near his home at 5 PM on that date.
http://www.nj.com/hudson/index.ssf/20 ... k_police_arrest_je_1.html

Posted on: 2013/8/11 23:52
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Re: Man crossing Jersey City street struck and killed by off-duty Jersey City cop
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jc344 wrote:
Jcman, again just because he was indicted doesn't mean he's guilty, and again We still have a Constitution in this Country and last I checked New Jersey is still part of the U.S. and again in order for a breathalyzer to be administered there must be PROBABLE CAUSE ,which leaving the scene (if in fact thats the case) in and of itself IS NOT PROBABLE CAUSE. Again since your stating that if you leave the scene of an accident a breathalyzer can be administered , please cite the case law to back up your statement. Take as much time as you need because I already know the answer.(Hint there is no case law)


Please do not interrupt the ramblings of these degenerates with facts.
BTW here's my favorite judicial quote from a well known defense lawyer, "you can indict a ham sandwich."

Posted on: 2013/8/11 21:46
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Re: Man crossing Jersey City street struck and killed by off-duty Jersey City cop
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Jcman, again just because he was indicted doesn't mean he's guilty, and again We still have a Constitution in this Country and last I checked New Jersey is still part of the U.S. and again in order for a breathalyzer to be administered there must be PROBABLE CAUSE ,which leaving the scene (if in fact thats the case) in and of itself IS NOT PROBABLE CAUSE. Again since your stating that if you leave the scene of an accident a breathalyzer can be administered , please cite the case law to back up your statement. Take as much time as you need because I already know the answer.(Hint there is no case law)


Posted on: 2013/8/11 21:21
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Re: Man crossing Jersey City street struck and killed by off-duty Jersey City cop
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fat-ass-bike wrote:
I would have thought it incriminating if the off duty cop was drinking with every drink recorded on CCTV prior to the hit and run. It would give you an accurate idea of how much was consumed over what period of time and the time he left the bar.


Or maybe the cop just got out of work and did not exhibit any visible signs of intoxication therefore eliminating the probable cause for an Alcotest?
We haven't used the Breathalyzer in quite a few years just to enlighten some of the experts on the forum.

Posted on: 2013/8/11 21:15
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Re: Man crossing Jersey City street struck and killed by off-duty Jersey City cop
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Christine wrote:
How do you give someone who leaves the scene a breathalyzer test? Let's stay with the facts here. No, I'm not a "cop"...but I don't like to generalize about any groups. I think it's a bad idea. Also, until breathalyzers are law, let's not take a stand that there was foul play because he wasn't given one. Would an 80 year-old likely be given one? I just like to stick to the facts as they are revealed.


Christine, here's the problem. Judging from the indictment, it looks like the "facts" as originally reported were wrong or incomplete. He was indicted for "leaving the scene of a motor vehicle accident resulting in death."

The original article just says that they talked to the cop on the scene. It makes no mention of him leaving. In fact, the article makes it seem like he never left at all.

"Spolizino, who was driving a 2005 Chevrolet, told officers at the scene that he did not see Clifford crossing the street and that Clifford "came out of nowhere," the accident report said."

Obviously, this is a lie or distortion of the truth, because this cop was indicted for leaving the scene. Is this evidence of cops covering up by lying to the reporter? Did the reporter simply choose to omit the crucial detail that this cop killed someone and left the scene of the accident? The article quotes the accident report. Is this part of a coverup by the investigating cops writing the report in a way to hide the fact that this guy left the scene?

Either way, Christine, that answers your question. You can give someone who leaves the scene a breathalyzer because it looks like he left the scene and then returned. You mean to tell me that the cops arrive on the scene, find a dead body, the driver returns, and it's not necessary to give him a breathalyzer, or even any tickets??

Now a trial will reveal what exactly this cop was doing when he left the scene. They can subpoena his phone records and see who he was calling or texting. Was he calling his cop buddies? Once we find out that answer, if it's yes, that will strongly point to a cover up.

So while it's true that we don't know all the answers yet, it doesn't look good for the cop. Next time, he can try not to kill someone when driving, not leave the scene, and maybe he'll get some more sympathy from people.

Posted on: 2013/8/11 20:08

Edited by JCMan8 on 2013/8/11 20:23:55
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Re: Man crossing Jersey City street struck and killed by off-duty Jersey City cop
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I must have missed the article that stated the off-duty officer was drinking. Oh wait it never stated that the officer was drinking,just another fabrication . Again if you are going to make statements or give opinions do so on the facts at hand otherwise it diminishes the value of your opinion, and indicates your prejudices.

Posted on: 2013/8/11 16:35
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Re: Man crossing Jersey City street struck and killed by off-duty Jersey City cop
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I would have thought it incriminating if the off duty cop was drinking with every drink recorded on CCTV prior to the hit and run. It would give you an accurate idea of how much was consumed over what period of time and the time he left the bar.

Posted on: 2013/8/11 16:04
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Re: Man crossing Jersey City street struck and killed by off-duty Jersey City cop
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Gotta run out for family day but I'll leave the group with something to hash over. No Google please.
Under what circumstances can a cop deliberately lie on a summons and admit to the lie under oath without suffering negative consequences?

Posted on: 2013/8/11 15:18
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Re: Man crossing Jersey City street struck and killed by off-duty Jersey City cop
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fat-ass-bike wrote:
Most bars have cameras, maybe his watering hole that he drank from could shed some light on how much he drank or even if he was staggering to his car in the car park or street!


Or maybe the cameras caught the pedestrian stagger or dart out into the street? That's called speculation or as lawyers say conjecture. There are specific facts that are unique to every case that will be heard in a court of law.

Posted on: 2013/8/11 15:16
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Re: Man crossing Jersey City street struck and killed by off-duty Jersey City cop
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sepecat wrote:
Sticking up for your dirty brethren, very noble of you, officer.

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bradleybeachbrawl wrote:
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sepecat wrote:
A pedestrian was struck on 1/9 Southbound (Tonnelle) and Manhattan Ave area around 2 in the morning today. Haven't seen any news articles yet.

Breathalyzer was administered. . . I don't want to say this Cop got special treatment, but it looks like it.


Gee I don't want to say that you must be a real asshole based upon your unsolicited opinions without having any knowledge of the facts surrounding either case, but it sure sounds like it.


I'm not sticking up for anyone. Just pointing out the fact that you have no idea what you are talking about. Perhaps a hobby or interpersonal relationship would remedy your ennui?

Posted on: 2013/8/11 15:11
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Re: Man crossing Jersey City street struck and killed by off-duty Jersey City cop
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Most bars have cameras, maybe his watering hole that he drank from could shed some light on how much he drank or even if he was staggering to his car in the car park or street!

Posted on: 2013/8/11 14:58
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Re: Man crossing Jersey City street struck and killed by off-duty Jersey City cop
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Sticking up for your dirty brethren, very noble of you, officer.

Quote:

bradleybeachbrawl wrote:
Quote:

sepecat wrote:
A pedestrian was struck on 1/9 Southbound (Tonnelle) and Manhattan Ave area around 2 in the morning today. Haven't seen any news articles yet.

Breathalyzer was administered. . . I don't want to say this Cop got special treatment, but it looks like it.


Gee I don't want to say that you must be a real asshole based upon your unsolicited opinions without having any knowledge of the facts surrounding either case, but it sure sounds like it.

Posted on: 2013/8/11 14:46
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Re: Man crossing Jersey City street struck and killed by off-duty Jersey City cop
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sepecat wrote:
A pedestrian was struck on 1/9 Southbound (Tonnelle) and Manhattan Ave area around 2 in the morning today. Haven't seen any news articles yet.

Breathalyzer was administered. . . I don't want to say this Cop got special treatment, but it looks like it.


Gee I don't want to say that you must be a real asshole based upon your unsolicited opinions without having any knowledge of the facts surrounding either case, but it sure sounds like it.

Posted on: 2013/8/11 13:43
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Re: Man crossing Jersey City street struck and killed by off-duty Jersey City cop
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In order for a breathalyzer to be administered, whether accident(fatal or otherwise) or a motor vehicle stop, there is something that is called PROBABLE CAUSE which must be established in order to administer a breathalyzer. At least according to the U.S.Constitution as currently written.Everyone that is on JCLIST claiming that breathalyzers are administered for every fatal accident are only displaying their lack of Knowledge. I suggest that before you post all these statements you should do some research ,I mean its not that hard, all you have to do is go to the Public Library and read the United States Constitution. Last Time I checked the Police didn't give up their constitutional rights.

Posted on: 2013/8/11 2:09
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Re: Man crossing Jersey City street struck and killed by off-duty Jersey City cop
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http://www.nj.com/hudson/index.ssf/20 ... ice_say.html#incart_river

Rafal Rogoza / The Jersey Journal

A 24-year-old woman was rushed to the hospital early this morning after she was struck by a drunk driver in Jersey City, according to police reports.

Harold Ortiz, 20, of Newark, was charged with endangering an injured victim, assault by auto, driving while intoxicated, knowingly leaving the scene of an accident, and minors possessing alcoholic beverage, after he struck a pedestrian near the intersection of Tonnelle and Manhattan Avenues, reports say.

Around 2 a.m. an off duty police officer observed a silver colored Honda civic strike a pedestrian while speeding southbound on Tonnelle Avenue, reports say.

Posted on: 2013/8/10 23:17
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Re: Man crossing Jersey City street struck and killed by off-duty Jersey City cop
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A pedestrian was struck on 1/9 Southbound (Tonnelle) and Manhattan Ave area around 2 in the morning today. Haven't seen any news articles yet.

Breathalyzer was administered. . . I don't want to say this Cop got special treatment, but it looks like it.

Posted on: 2013/8/10 15:11
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Re: Man crossing Jersey City street struck and killed by off-duty Jersey City cop
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How do you give someone who leaves the scene a breathalyzer test? Let's stay with the facts here. No, I'm not a "cop"...but I don't like to generalize about any groups. I think it's a bad idea. Also, until breathalyzers are law, let's not take a stand that there was foul play because he wasn't given one. Would an 80 year-old likely be given one? I just like to stick to the facts as they are revealed.

Posted on: 2013/8/10 1:11
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Re: Man crossing Jersey City street struck and killed by off-duty Jersey City cop
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Can we not add a laundry list to my original post and question my position on issues I didn't address. My comment was regarding no more or less than I stated. Thank you.

Posted on: 2013/8/10 0:53
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Re: Man crossing Jersey City street struck and killed by off-duty Jersey City cop
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JCMan8 wrote:
Quote:

Christine wrote:
I think that some people here think that having a car accident is a crime. It is not. What factors contributed to the accident are another story. There are people here wondering why this guy wasn't being treated as a criminal for speeding or careless driving. Nobody ever is. 95% of the population would be behind bars. I want justice like everyone else, but c'mon now...learn the difference between moving violations and crime.


No one thinks a car accident alone is a crime. But it is a crime to kill someone and leave the scene of the accident.

Literally nobody here is wondering why the cop wasn't treated as a criminal for "speeding" or "careless driving." The shocking thing is how a guy who killed someone and leaves the scene of an accident wasn't even breathalyzed. And 95% of the population don't kill people when they drive.

Of course, any regular person would be breathalyzed if they killed someone in an accident. And they'd certainly at least be given a ticket or arrested for leaving the scene. But cops look out for themselves, so this guy was never given a breathalyzer, and basically got off scott free when the police came. The only reason anything even happened is because there was outrage and there's almost certainly videotape of the incident. Cops will cover for cops by not giving them breathalyzers, but they won't destroy a videotape.

Do you really not understand that or are you just a cop yourself (or closely connected to one)?


Agree completely. The victim lived in my building, btw. Also, there were many witnesses, and they gave their names, contrary to the reports. The summonses the driver received came about a month after the accident, (why??), police still refuse to release the 911 recordings, and they still won't say how fast he was driving. There were no skid marks, driver kept driving after impact. Victim was tossed about a half block down the road from point of impact, would have gone further had body not flew under parked cars between Fairmount and Montgomery. Witnesses reported that the car didn't even stop until it was well under the pedestrian bridge past Montgomery. We also haven't received any verification of the drivers phone records and cell phone usage work acquired. There is no proof that he didn't make a call to his buddies before coming back to the scene. Yes the indictments have been made against him, which is a start. and I hope it's a fair trial. But the greater concern at this point in my opinion is the lack of investigation as to how the police and sheriff's office have handled this entire thing since the accident occurred.

Posted on: 2013/8/9 2:22
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Re: Man crossing Jersey City street struck and killed by off-duty Jersey City cop
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Christine wrote:
I think that some people here think that having a car accident is a crime. It is not. What factors contributed to the accident are another story. There are people here wondering why this guy wasn't being treated as a criminal for speeding or careless driving. Nobody ever is. 95% of the population would be behind bars. I want justice like everyone else, but c'mon now...learn the difference between moving violations and crime.


No one thinks a car accident alone is a crime. But it is a crime to kill someone and leave the scene of the accident.

Literally nobody here is wondering why the cop wasn't treated as a criminal for "speeding" or "careless driving." The shocking thing is how a guy who killed someone and leaves the scene of an accident wasn't even breathalyzed. And 95% of the population don't kill people when they drive.

Of course, any regular person would be breathalyzed if they killed someone in an accident. And they'd certainly at least be given a ticket or arrested for leaving the scene. But cops look out for themselves, so this guy was never given a breathalyzer, and basically got off scott free when the police came. The only reason anything even happened is because there was outrage and there's almost certainly videotape of the incident. Cops will cover for cops by not giving them breathalyzers, but they won't destroy a videotape.

Do you really not understand that or are you just a cop yourself (or closely connected to one)?

Posted on: 2013/8/9 2:10
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Re: Man crossing Jersey City street struck and killed by off-duty Jersey City cop
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elsquid wrote:

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Where are the criminal charges for speeding and reckless driving, along with the standing Manslaughter charge? He got sumonses for them, but they are not part of the criminal charges.


As I recall from my days as a newsman in NJ courts, I don't think speeding and reckless driving would normally be included in an indictment because they are traffic offenses, not criminal offenses. Prosecutors can go directly to trial without an indictment for those, normally in a municipal court.

When related criminal ("indictable") charges are also involved, as they are here, the traffic offenses get dragged up to the Superior Court criminal trial and are usually considered "lesser included offenses" to the more serious charges. They don't tend to have much consequence there unless a verdict or a plea wipes out the more serious charges, in which case there is often a conviction for just the lesser offenses as kind of a fallback.


This is incredibly helpful, thank you for helping me better understand this.

Posted on: 2013/8/8 21:27
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Re: Man crossing Jersey City street struck and killed by off-duty Jersey City cop
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I think that some people here think that having a car accident is a crime. It is not. What factors contributed to the accident are another story. There are people here wondering why this guy wasn't being treated as a criminal for speeding or careless driving. Nobody ever is. 95% of the population would be behind bars. I want justice like everyone else, but c'mon now...learn the difference between moving violations and crime.

Posted on: 2013/8/8 18:44
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Re: Man crossing Jersey City street struck and killed by off-duty Jersey City cop
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Quote:

Where are the criminal charges for speeding and reckless driving, along with the standing Manslaughter charge? He got sumonses for them, but they are not part of the criminal charges.


As I recall from my days as a newsman in NJ courts, I don't think speeding and reckless driving would normally be included in an indictment because they are traffic offenses, not criminal offenses. Prosecutors can go directly to trial without an indictment for those, normally in a municipal court.

When related criminal ("indictable") charges are also involved, as they are here, the traffic offenses get dragged up to the Superior Court criminal trial and are usually considered "lesser included offenses" to the more serious charges. They don't tend to have much consequence there unless a verdict or a plea wipes out the more serious charges, in which case there is often a conviction for just the lesser offenses as kind of a fallback.

Posted on: 2013/8/8 18:41
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Re: Man crossing Jersey City street struck and killed by off-duty Jersey City cop
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There is no red light camera at that intersection (Fairmount & JFK). However, there is a camera at the light before and after it. Also, St. Peter's U. may have some footage, but I do not know.

Posted on: 2013/8/8 16:24
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Re: Man crossing Jersey City street struck and killed by off-duty Jersey City cop
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My wifes Uncle was killed by a drunk driver off duty cop.
this cop will probably get off scott free becuase they will do anything to cover up for their fellows.

too bad.

Posted on: 2013/8/8 13:12
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Re: Man crossing Jersey City street struck and killed by off-duty Jersey City cop
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Someone said this happened at a red light camera intersection.

Wouldn't be surprised if the cops did everything they could to cover up for a fellow cop (after all, they didn't give him a breathalyzer, which is standard procedure in a fatal accident). But had no choice but to indict because the video is just too damning.

Posted on: 2013/8/8 3:53
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Re: Man crossing Jersey City street struck and killed by off-duty Jersey City cop
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I'd also check for steriod use / abuse - roidrage

Posted on: 2013/8/7 23:34
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