4 Univ of Idaho Students Murdered, Bryan Kohberger Arrested, Moscow, Nov 2022 #87

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No, there is no mention
anywhere that he doesn't remember where he was driving.
Maybe he remembers just the general area, i imagine. But it is not enough for an alibi. They need to account for the timeframe the murders happened. And if he was in an area where there was no cell phone coverage especially hard to determine.
But how could he recall and say with certainty where he was exactly in those minutes the prosecution claims the murders were commited?
If he is innocent and he was genuinely just out driving those 16 minutes is a fraction of his driving that night, just another night spent with driving around. Who could remember that?
What we do know is that his knife sheath with his DNA on it was found in the bed of and partially under the comforter of one of the murdered victims. So, his knife sheath made it to King Rd in the critical time frame.

And he drove to the King Rd area later that morning (before the murders were reported on social media and the news). It is reasonable to assume that he was searching for his sheath, which he likely discovered was missing sometime during his trip south before returning to Pullman earlier that morning. Did he return to Indian Hills Rd, where he'd driven prior to the murders? No, he returned to King Rd. Why? Because he knew exactly where he was in the critical time frame.

You have to abandon reason to conclude otherwise.
 
Pretty sure everyone thinks he was indeed out driving around that night.

Makes sense, doesn't it? It's the truth. It's just not an actual alibi, as instead of placing him away from the scene, it moves him out of his apartment and allows of him being in Moscow.

That's my problem with it. It's not exonerating and it's not an alibi. But I agree that it's the truth.

IMO.
And the defense won't deny it. They'll muddy up the video and cellular evidence by questioning reliability and expertise but not directly contradict it. And if there is evidence of wifi/bluetooth handshakes then being caught on camera DRIVING close enough to the house to grab those is a MUCH MUCH better explanation than being inside.

The game plan looks like it's going to be BK was driving around looking to party/score, had no motive to go in the house, LE rushed to judge because of pressure, he was a better patsy than the driver in the Sentra and their original timeline(or genealogy came in). So they went with it.

They'll also use DM and BF to muddy up the timeline and push the murders to after 5am, and challenge them on random people they didn't know in the house during parties (they are likely to admit they didn't recognize everyone during every party). With the implications that - BK could have been there before and dozens of other strangers could have been there and had motive.

None of it will work though.
 
And the defense won't deny it. They'll muddy up the video and cellular evidence by questioning reliability and expertise but not directly contradict it. And if there is evidence of wifi/bluetooth handshakes then being caught on camera DRIVING close enough to the house to grab those is a MUCH MUCH better explanation than being inside.

The game plan looks like it's going to be BK was driving around looking to party/score, had no motive to go in the house, LE rushed to judge because of pressure, he was a better patsy than the driver in the Sentra and their original timeline(or genealogy came in). So they went with it.

They'll also use DM and BF to muddy up the timeline and push the murders to after 5am, and challenge them on random people they didn't know in the house during parties (they are likely to admit they didn't recognize everyone during every party). With the implications that - BK could have been there before and dozens of other strangers could have been there and had motive.

None of it will work though.
His attempts to connect with the victims on social media (despite not traveling in their social circles) remove him from the pool of random young men in the Moscow/Pullman area and place him closer to potential stalker status.

His repetitive late night visits in his car - not just to the Moscow area, but to the specific area of King Rd further do so.

Further narrowing the circle to contain just himself: His care with disposing of any garbage that might contain his DNA in December in PA - before he or any member of the public is aware he has become a suspect, at best he knew his car was like the car LE was searching for. IMO, given that he is sure to have known by that time that he lost the sheath the night of the murders, his ziplocking his garbage while wearing gloves and delivering it to a neighbor's trash can seals the deal. He did not want LE to be able to gather his DNA to connect to the lost sheath, which he was not absolutely certain was free of his DNA.
 
Plooo
No, there is no mention
anywhere that he doesn't remember where he was driving.
Maybe he remembers just the general area, i imagine. But it is not enough for an alibi. They need to account for the timeframe the murders happened. And if he was in an area where there was no cell phone coverage especially hard to determine.
But how could he recall and say with certainty where he was exactly in those minutes the prosecution claims the murders were commited?
If he is innocent and he was genuinely just out driving those 16 minutes is a fraction of his driving that night, just another night spent with driving around. Who could remember that?
Who would remember?
Everyone and anyone who realized they were driving around at the time of and in the area murders.
 
And the defense won't deny it. They'll muddy up the video and cellular evidence by questioning reliability and expertise but not directly contradict it. And if there is evidence of wifi/bluetooth handshakes then being caught on camera DRIVING close enough to the house to grab those is a MUCH MUCH better explanation than being inside.

The game plan looks like it's going to be BK was driving around looking to party/score, had no motive to go in the house, LE rushed to judge because of pressure, he was a better patsy than the driver in the Sentra and their original timeline(or genealogy came in). So they went with it.

They'll also use DM and BF to muddy up the timeline and push the murders to after 5am, and challenge them on random people they didn't know in the house during parties (they are likely to admit they didn't recognize everyone during every party). With the implications that - BK could have been there before and dozens of other strangers could have been there and had motive.

None of it will work though.
Agree. Only if a secret supporter of his gets on the jury.
 
ID. Statute re Notice of Alibi Requires... What?
.... they are required by law in Idaho to give the evidence of the alibi. IMO>
snipped for focus @10ofRods
Per ID statute excerpt,* def't shall serve on prosecutor -
--- NOTICE of INTENTION to OFFER defense of alibi (my caps here & below), & it shall state -
--- specific PLACE(s) where def't claims to have been at time of alleged crime &
--- names and addresses of WITNESSES for estab'ing alibi.

After receiving Def’t’s Notice of Alibi, the state investigates the designated place(s) & what the witnesses may testify to, and info re wits’ which state may use cross-exam to impeach their credibility.

This ID sub-sec.* does not require def't to produce OTHER alibi-related EVIDENCE pre-trial IIUC.**
A hypo ex.: a time stamped vid showing BK driving into a parking lot, exiting car, entering store 3 blocks from 1122 King Rd, shopping in store, paying at register, exiting store, then driving away, all during the exact critical time period (I've forgotten, 5-10-15 min?).
This statute does not require def., who has such a vid, to provide it or a copy to the state pre-trial, IIUC. Maybe a different ID statute would require def’t to produce pretrial?
Of course, if def. team had such a vid initially, ;) I doubt BK would still be passing time in the Latah County jail.

IOW, IIUC, this ID. statute does not require def’t to give evidence of the alibi pre-trial, beyond the place(s) & wit. names & addresses.

Welcoming correction or clarification. Above = imo, jmo, moo. ICBW.

[edit: my Cut & Paste keys went rogue, so I had to edit several places, mostly to delete duplicate text]

____________________________________________
* ID. Criminal Procedure Statute 19-519 re Alibi
From the initial "10 day" subsec:
(1) "...defendant shall serve,... upon the prosecuting attorney, a written notice of his intention to offer a defense of alibi. ... shall state the specific place or places at which the defendant claims to have been at the time of the alleged offense and the names and addresses of the witnesses upon whom he intends to rely to establish such alibi...."

**Idaho Criminal Rule 12.1. Notice of Alibi does not specify more detail.
"If the defendant intends to rely on the defense of alibi, the defendant must comply with Idaho Code § 19-519."
IDK if ID Sup Ct. or st appellate ct opinions impose duties on def't to include additional evidence or info in its Notice of Alibi, as I have not searched opinions.
 
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Have to add:
Here is a PhD student of criminology whose interest in crime vanishes suddenly.
Can't remember where went the night of.
Pretty hard to believe he didn't recall to himself back in mid Nov where he was from approximately from 3 to 5am on Nov 13th. Those are the hours that LE were asking for video footage - just days after the murders, yet the defendant, if innocent, did not think at the time -why, I was driving around x then! - And still doesn't recall now? And we do know that at ten to five he was heading south on 95 near Blaine. That's a fact Imo, but it seems that hasn't yet jogged his memory as to where he was coming from prior to that. Moo
 
Have to add:
Here is a PhD student of criminology whose interest in crime vanishes suddenly.
Can't remember where went the night of.
I couldn't agree more! I cannot comprehend this; it defies all logic. He drove by the crime scene on the night/day of the crime, and he doesn't recall that.
Pretty hard to believe he didn't recall to himself back in mid Nov where he was from approximately from 3 to 5am on Nov 13th. Those are the hours that LE were asking for video footage - just days after the murders, yet the defendant, if innocent, did not think at the time -why, I was driving around x then! - And still doesn't recall now? And we do know that at ten to five he was heading south on 95 near Blaine. That's a fact Imo, but it seems that hasn't yet jogged his memory as to where he was coming from prior to that. Moo
I have always had a fascination with hot car deaths. There's something about the science of forgetting that intrigues me. Anyway, the death of Cooper Harris happened practically in my back yard. [Still praying for you, little man.] I had previously worked for the same company as Ross Harris. I can still remember the day of Cooper's death like it was yesterday. I can recall the temperature. I can recall what I was doing. The route that his dad took from work to the spot where he realized Cooper was dead will forever be etched in my mind. Why do I remember these things? Because this was the day that Cooper Harris died because his dad left him in a hot car. I can assure you that I don't remember the weather of many days from nearly a decade ago.

For a criminology major, it's fascinating that he cannot remember his whereabouts during the exact time frame of the murders, especially since this was all over the news within hours. This is quite possibly the biggest crime in Idaho history. Plus, he drove by the murder scene three times that night/day! And he still cannot recall his whereabouts. I would think he would be thinking along the lines of.... I cannot believe that I was so close to the crime. I circled the house three times, but then I drove to XYZ before returning home. This seems so surreal.
 
Hot Prowl

Welcome @foreverlennon I hadn't heard of "hot prowl" either until reading it here. It means somebody is home when the prowler enters. What it's called depends on where you live, in what jurisdiction.
My state's statutes still lists it as a "home invasion" when someone is home at the time of entry.


JMO

Wikipedia: A home invasion, also called a hot prowl burglary, is a sub-type of burglary.

According to the Escondido Police Department
"A "Hot Prowl" is a burglary when a subject enters, or attempts to enter your home while someone is home. A hot prowl burglary is dangerous because of the possible confrontation between the subject and victim."
Thank you most kindly I’m Nobody.
 
I couldn't agree more! I cannot comprehend this; it defies all logic. He drove by the crime scene on the night/day of the crime, and he doesn't recall that.

I have always had a fascination with hot car deaths. There's something about the science of forgetting that intrigues me. Anyway, the death of Cooper Harris happened practically in my back yard. [Still praying for you, little man.] I had previously worked for the same company as Ross Harris. I can still remember the day of Cooper's death like it was yesterday. I can recall the temperature. I can recall what I was doing. The route that his dad took from work to the spot where he realized Cooper was dead will forever be etched in my mind. Why do I remember these things? Because this was the day that Cooper Harris died because his dad left him in a hot car. I can assure you that I don't remember the weather of many days from nearly a decade ago.

For a criminology major, it's fascinating that he cannot remember his whereabouts during the exact time frame of the murders, especially since this was all over the news within hours. This is quite possibly the biggest crime in Idaho history. Plus, he drove by the murder scene three times that night/day! And he still cannot recall his whereabouts. I would think he would be thinking along the lines of.... I cannot believe that I was so close to the crime. I circled the house three times, but then I drove to XYZ before returning home. This seems so surreal.
For sure, we tend to remember where we were when major events happen that affect us or happen near us.That's horrfic about little Cooper. Just awful :-(

As far as this case goes, because defendant's phone was off between 2.50 and 4.50am, I have a feeling that wherever he ends up saying he thinks he was - it won't be driving past the house three/four times. I think his defense are going to say that wasn't him. I think LE have this covered in terms of due diligence and will be able to show that it is reasonable that it was his elantra - that it wasn't some other elantra- but that is the subject of another post! Moo

I think the Alibi will be that he was coming from x (possibly some rural area with no cameras) to the east or west of highway 95 near Blaine or north of Blaine but before Moscow. Depending on what video footage is available he cannot say he was coming from the north direct from Moscow on 95 as his car should have been captured by multiple cameras coming down hway 8 through Moscow and at intersection of Palouse Drive and 95 at around 4.30am (if not by traffic cam then by business cam). If infact his elantra has been captured turning south from Palouse Drive onto 95 at 4.20/25 am (and that capture was not included in PCA), then he has to explain his presence on Palouse Drive just south of1122 King Road. But Imo, the defendant didn't access 95 that way. I think he went via Conestoga, Palouse, Sand and then east on Snow to connect with 95 near Blaine (no cameras). This idea I credit to another poster who shared some amazing mapping on possible routes between Conestoga/Palouse and Hwy 95 near Blaine. All Moo
 
TL;DR: The difference between a 'hot prowl' and 'home invasion' is not usually in the law. Both are breaking and entering where I live, AKA burglary.

The "hot prowl" was made famous here in California by GSK (Joe DeAngelo, finally caught decades after his rapes and murders via genetic genealogy). Even before he was caught, it was clear that the Visalia Ransacker had started with cold prowling, then moved on to "ransacking" (in which he mostly disturbed contents of the house, but also took certain things - coin collections, Green and Blue stamp collections).

A cold prowl is when someone comes in and cases your home while you're not there. That has personally happened to me and has also happened to other women I know. In one case, the guy actually ate food from the fridge, watched TV and used the shower/restroom (this happened to a friend of mine, at first she thought she was going crazy, then she was truly terrified and of course moved - to a new job and to a new apartment). I have interviewed cold prowlers (they were in jail ultimately for burglary/theft of some kind).

I believe that DeAngelo started with cold prowling (probably in his teens, many teens do it). When I was 8, two teen age girls took me on a cold prowl. They made it seem like it was "okay" with the little old lady whose house it was. They looked in her refrigerator, took a sip of something (I think it might have been beer) and giggled a lot. We were there for about 5 minutes. They lived just up the street from this lady and knew her and her habits. Neither of these girls went on to become a criminal.

Hot prowling is when the person breaks and enters when people are asleep and just stares at them (often an escalation of peeping tom-ness). It's the next step in their criminal practice. DeAngelo probably hot prowled 10X the people that he actually raped or murdered. He may or may not have taken tokens from some of those houses, he was not made to confess during his plea bargain, so we'll never know. At any rate, hot prowling is psychologically an escalation from peeping tom-ness and from cold prowling).

A home invasion is bent on awakening the people within and terrorizing them, either to give up all their valuables and the cash in the house OR their ATM pin, etc. Home invasion can be by one person, but it is often more than one person. The person is armed, almost always guns are involved. There's been a spate of them near my work recently, two men with guns - they think they've caught one of them and the other has a warrant for his arrest. Home invasions are not usually preceded by any sort of prowling (although I'm sure somewhere, there are people who have escalated from prowling to invading).

The home invader literature and research suggests that houses are chosen by "perceived value," (so big McMansions are targeted as are country club homes, large houses on larger properties, and here in L.A., the most important variable is: proximity to freeway. ALL of the home invasions in my own hometown (we had a series about 5 years ago not far from my house) were right next to the freeway, as in, get off, take first right into neighborhood, see big houses at night with lights out, kick down the door, come in with guns, etc. The three in my area were off three different off ramps, but all of them were the first neighborhood one came to, after getting off the freeway. It is believed they were all the same two guys - no one was ever arrested.

We got a metal framed door, built a (cute) fence/gate for the front yard. There were also some burglaries going on (daytime, cold prowling and burglary), same M/O though - kick in the front door. We had had a security system and cameras already - none of the houses that were burgled OR invaded had either of those. I even know one homeowner who put a trip wire around the edge of his property, which set off lights and an alarm inside his house. They had the most expensive remodeled house in our neighborhood, even though we are not right off the freeway, they were scared.

In my own view, almost every serious criminal starts out "small." Peeping, then cold prowling are common. Going on to hot prowling is major, though. It's fairly rare, and it is usually related to fantasies in the criminal's mind about rape or other horrific crimes. That's the reason that many of us here have commented, in these 80+ threads, about the vulnerability of a "Party House" or a house with windows that are not covered, where the interior is generally somewhat lit at night. A house with people possibly coming and going in the night, anyway (so that everyone is used to various footfalls around the house). The police referred to 1122 King Road as a "fish bowl," IIRC. For the people who are just creepers/peepers, that's an inviting house (and it's possible that some of these creeps actually do interact with each other online - it has happened).

Once a person has broken the creeping/stalking/peeping tabu, I believe that person is at risk for developing even more antisocial behaviors. In a case I was involved with here in my town, a cold prowler/burglar is now in prison for life - because he panicked and stabbed to death a 13 year old boy who happened to surprise him by being in the house, during the day, when he had just broken in. The boy was home sick from school, heard the door open, got up and went toward the kitchen. The killer came out of the kitchen with a knife.

The police were able to link this criminal to several other burglaries (cold prowl style) in which cash and credit cards were stolen. Police believe the killing was unplanned (but not un-thought of).

While creeping and peeping, criminals like DeAngelo collect a lot of information about who is home, who comes home when, etc. DeAngelo even used the phones inside the houses on occasion, drew maps, and preferred tracts of homes where he could know the home lay-outs (he would attend real estate open houses, developer open houses, and of course, he also got to go inside houses to investigate crime, as he was a policeman throughout most of his criminal career).

IMO. IME.
Wow what a write up !!Thank you
 
Yes, and I believe that claim was specifically a part of the alibi - that yes, he was out driving alone but not near King Rd at all. The problem for LE is, there were 22,000 Elantras in the area with the original date range given by LE, which means, conservatively, there are probably more than 33,000+ Elantras in the final date range in the area. They have no video of BK's car on the highway between Pullman or Moscow, nor any video of his car entering Moscow. BK's car is also NOT the only white Hyundai Elantra in the area missing a front license plate. LE does not seem to know exactly how the vehicle got near Blaine or exactly how it left Moscow. So it seems to be possible that LE has mistaken one vehicle for another and that is where I believe the defense is going with this alibi.

I didn't see any of that evidence about the number of white Hyundai Elantras of that same model year that were present in the state of Idaho but from (and registered in) states requiring only a rear license plate. Do you have a link?

I haven't seen any of that other evidence you mentioned either because it's all under seal and has been kept out of public discussion via the gag order. All I saw was a statement that they continued collect mountains of footage obtained not only from neighboring residences but also from businesses but that they hadn't even gone through as of the date of the pca. After that they stopped talking. They weren't clear about traffic cameras, but I got the sense that they obtained a lot more footage than we the public know about.

If I missed these things I'd be very interested in a link because I want to keep up to date with this case. TIA

jmo
 
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Continuance a D tactical win.
Could be the whole reason to delay saying the obvious as an alibi, that it is him in his car.

Not a alibi at all.
The motion is just "I was there but I didn't do it. Somebody (BF) said she saw somone else and texted about it, so it wasn't me."

MOO all ATs activity are around this thread. Hope the jury is up to the task of sorting spin from reasonable doubt.

I bet you're right. I suspect there were frat guys there that she saw. I also suspect they are the ones we see on the body cam leaving well before these crimes occurred. I also suspect there could be some discussion of DM eventually ending up in BFs room and AT arguing if DM was downstairs in BF's room how could she be upstairs identifying BK? I think you are right about where she's going and why she wanted to interview BF so badly. I think she's going to have a timing issue. All of these things can be true and not exonerate her client as they might have occurred before and after the times of the murders.

jmo
 
ID. Statute re Notice of Alibi Requires... What?

snipped for focus @10ofRods
Per ID statute excerpt,* def't shall serve on prosecutor -
--- NOTICE of INTENTION to OFFER defense of alibi (my caps here & below), & it shall state -
--- specific PLACE(s) where def't claims to have been at time of alleged crime &
--- names and addresses of WITNESSES for estab'ing alibi.

After receiving Def’t’s Notice of Alibi, the state investigates the designated place(s) & what the witnesses may testify to, and info re wits’ which state may use cross-exam to impeach their credibility.

This ID sub-sec.* does not require def't to produce OTHER alibi-related EVIDENCE pre-trial IIUC.**
A hypo ex.: a time stamped vid showing BK driving into a parking lot, exiting car, entering store 3 blocks from 1122 King Rd, shopping in store, paying at register, exiting store, then driving away, all during the exact critical time period (I've forgotten, 5-10-15 min?).
This statute does not require def., who has such a vid, to provide it or a copy to the state pre-trial, IIUC. Maybe a different ID statute would require def’t to produce pretrial?
Of course, if def. team had such a vid initially, ;) I doubt BK would still be passing time in the Latah County jail.

IOW, IIUC, this ID. statute does not require def’t to give evidence of the alibi pre-trial, beyond the place(s) & wit. names & addresses.

Welcoming correction or clarification. Above = imo, jmo, moo. ICBW.

[edit: my Cut & Paste keys went rogue, so I had to edit several places, mostly to delete duplicate text]

____________________________________________
* ID. Criminal Procedure Statute 19-519 re Alibi
From the initial "10 day" subsec:
(1) "...defendant shall serve,... upon the prosecuting attorney, a written notice of his intention to offer a defense of alibi. ... shall state the specific place or places at which the defendant claims to have been at the time of the alleged offense and the names and addresses of the witnesses upon whom he intends to rely to establish such alibi...."

**Idaho Criminal Rule 12.1. Notice of Alibi does not specify more detail.
"If the defendant intends to rely on the defense of alibi, the defendant must comply with Idaho Code § 19-519."
IDK if ID Sup Ct. or st appellate ct opinions impose duties on def't to include additional evidence or info in its Notice of Alibi, as I have not searched opinions.
I see your point, but the sentence "witnesses upon whom he intends to rely to establish such alibi..." does not specify direct eye witnesses/individuals? Moo. I think an expert witness who was to identify say a white sedan going through an intersection at some place 20 mins drive away from 1122 at 4am could technically be considered a witness in support of an alibi - that is, if defendant's alibi is 'I was driving at x'. So then defense produces some expert witness to confirm some traffic cam that shows white sedan at appropriate time/place. That's weak, Imo, yet it does somewhat tenuously support such an alibi. Moo. I just have the feeling from what is in the D's objection to motion to compel alibi defense - that atm this is what they may be looking for. So it explains why defendant's alibi is still so vague. Don't get me wrong, all this can be attempted with absolute plausible deniability so I'm not accusing defendant or defense of 'manufacturing' an alibi. Moo

ETA: Elaborating; My take is that a video itself is not a witness. In court, expert witnesses would have be called to explain the digital data that directly supports an alibi (however weakly). Is that distinguishable from other "alibi related evidence" that is not required to be produced pre-trial? I'm not sure what exactly alibi related evidence might cover. Idk, maybe you are right - just seems a very grey area to me. Moo
 
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What is meant by "the area"? That sounds like the number for the entire state of Idaho - is that what is meant by area?

I don't think the position of the car is based only on camera footage. There is a phone, belonging to Kohberger, in the car and it accompanied the car - unless the Defense can figure out how it only seemed to travel with the car for most of two journeys on that night/day.

It's not as if the car sightings on video are the only evidence. The PHONE provides the route by which he traveled to and from Moscow (with the phone turned off for part of it). Fortunately, he provided photographic proof that he and his phone traveled with the car by stopping at Albertson's just hours after the killings.

How does his phone get to Blaine? What possible evidence could the Defense use to show that the phone somehow got there without the car?
22,000 Elantras is how many LE described as being registered in the area that they were having to look at in trying to find the Elantra they were interested in between 2011 and 2013. Then later the date range changed from 2011-2013 to 2011- 2015 which would up the number of registered Elantras they were weeding through to approximately 35,000 take or give a few. Idaho killings: Moscow police sort through 22,000 Hyundai Elantras


We also know that 90 white Elantras were registered to park at the U of I Moscow: Idaho murders: 90 white Elantras were registered to park on campus as cops struggle to find vehicle

I didn't see any of that evidence about the number of white Hyundai Elantras of that same model year that were present in the state of Idaho but from (and registered in) states requiring only a rear license plate. Do you have a link?

I haven't seen any of that other evidence you mentioned either because it's all under seal and has been kept out of public discussion via the gag order. All I saw was a statement that they continued collect mountains of footage obtained not only from neighboring residences but also from businesses but that they hadn't even gone through as of the date of the pca. After that they stopped talking. They weren't clear about traffic cameras, but I got the sense that they obtained a lot more footage than we the public know about.

If I missed these things I'd be very interested in a link because I want to keep up to date with this case. TIA

jmo
Please see above. I remember this so well as I was so astounded by the number of vehicles LE was going to have weed through in hopes of finding the right white Hyundai Elantra.
 
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