4 Univ of Idaho Students Murdered, Bryan Kohberger Arrested, Moscow, Nov 2022 #83

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  • #341
I agree, his phone was with him the entire time. Upon reading closer, it doesn't appear he was home at 2:42, only that his phone was within the cell area. I'm curious what he was doing going north then south on Nevada St. We have no idea when he was last home, or what he was doing in those 9 minutes between 2:44 and 2:53. More oddity. Wonder what his cell activity showed prior to 2:42.
Ah yes, I see..so phone utilising cellular resources also utilised by Steptoe appartments but was not necessarily in his appartment. To explain how he could be heading north on Nevada at 2.44am. So between 2.42 and 2.44 approx he moved to a different area of coverage. Just thinking it through aloud/in writing...and he's on/near Nevada/Stadium intersection heading north? I looked at the south-east end of Nevada in detail quite a while ago and I remember it being an inroad to WSU, but no vehicle access to Pullman/Moscow Highway. Access is via Stadium Way only.

My guess is that PCA begins with his movements at this point due to relevance. It's still possible he had come from his appartment I suppose. Might try to see if there's a route to that end of Nevada other than via Stadium Way, although he also could have turned onto there from Stadium Way and turned around to head north. If he crossed to the North-west side of Nevada, which I think is what is suggested in PCA, then from recall that leads to a tangle of small back streets. There may not be vehicle access out of those, though not sure. That's why I think he may have turned phone off (2.47) and parked in that area for a few minutes, heading south again at 2.53am. Trying to remember these times are approx and may not match perfectly especially for PC purposes. But I'd surmise there's a lot more data and further analysis in the hands of the prosecution to fill in blanks.MOO
 
  • #342
Lawyers for Chad Daybell filed a motion to dismiss the grand jury indictment. Attached is an MSM article that somewhat describes the hearing on the motion to dismiss.

Although the judge did not decide immediately, one month after this hearing, the judge denied the defense's motion to dismiss the grand jury indictment. He did not give his reasons, as they are sealed due to confidentiality of grand jury proceedings. He only stated that the motion to dismiss was denied.

 
  • #343
One of the attorneys for the media coalition challenging the gag order in BK’s case is Wendy J. Olson. She is the lawyer who spoke for the media during Friday’s afternoon hearing, and she appears to be the real deal.

Wendy Olson got her BA from Drake, where interestingly enough she studied journalism. She received her law degree from Stanford in 1990.

Her experience includes:

—United States Attorney for the District of Idaho from 2010 to 2017. She was nominated by Barack Obama.

—Assistant U.S. Attorney (District of Idaho) 1997–2006, and Senior Litigation Counsel, 2006–2010.

—Deputy Director of Operations and Assistant to the Director on the National Church Arson Task Force from 1996 until 1997.

—Civil Rights Division of the Criminal Section of the United States Department of Justice, where she was a trial attorney from 1992 until 1996.

—Adjunct Professor of Legal Writing at the George Washington University School of Law from 1994 until 1997.

—law clerk for U.S. Chief District Court Judge Barbara Rothstein in Seattle from 1990 to 1992.


She joined a private law firm after leaving her post as U.S. Attorney. Part of her work includes criminal defense. From her law firm’s website:

Wendy J. Olson, former U.S. Attorney for the District of Idaho, is a partner in Stoel Rives’ Litigation practice. She focuses her practice on government investigations, white-collar criminal defense, and civil litigation.


Wendy Olson has been a presenter, along with some of Idaho’s top judges and lawyers, in a conference for journalists about covering judicial proceedings:

“On February 3, 2018, journalists from Idaho’s print and electronic media gathered at the Idaho Law & Justice Learning Center in Boise for a first-of-its-kind institute on covering the courts. …

“The institute focused on journalists’ vital role in civic education, with emphasis on explaining the work of an independent, impartial judiciary and on illuminating the rule of law in media reports of court decisions. The institute identified information resources for journalists and provided panel discussions of the perspectives of judges, lawyers, and journalists in educating the public.

“Presenters included Idaho Chief Justice Roger Burdick, Idaho Court of Appeals Judge Jessica Lorello, Idaho chief federal district judge B. Lynn Winmill, Idaho Attorney General Lawrence Wasden, … past United States Attorney for Idaho Wendy Olson …”


She may oppose the gag order, but that doesn’t mean she thinks “anything goes.”

<modsnip: rumors/off topic>
 
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  • #344
That is certainly a fair assessment. "I was home asleep", might be 100% true but it would suck as an alibi. Although, being stubborn, I still feel that if he had what everyone likes to call an "iron clad" alibi - "I was working out with my best friend and it was just us and the attendent from 4-5:30", or "I was training with the track team and the other 20 guys will tell you I never left practice" - then it seems logical to me that he would have said so instead of letting this train just keep on going. I'm probably wrong, but I just can't let it go yet.

I would still love to know what his real, immediate, unrehearsed reaction was to being arrested. Was it really "Has anyone else been arrested?" Because, to me, that suggests consciousness of guilt. Kind of like being told your wife was murdered and your first question is "do you have any suspects yet?" instead of "OMG are you sure it's her!?!" Or reporting your husband missing and referring to him in the past tense the whole time.
I had a go with the 'I was at home asleep alibi' a few pages back. The first problem I was seeing, is the video footage and coinciding phone pings that put him in South Pullman between 2.44 and 2.53. Then the phone pings and video footage that place him near Blaine on highway 95 at 4.50ish and pinging back to Pullman, to again have his pings and video capture of his vehicle coinciding multiple times between 1300 Johnson Road and up Stadium Way as far as Cougar Ave/Street. This complicates the at home sleeping alibi somewhat, Imo.

It would need to involve having video footage or witnesses for his return to appartment from Nevada Street at around ten minutes to three. Then that he awoke and left at whatever time (maybe 4.10-4.15am) so as to be travelling on 95 near Blaine 15 mins south of Moscow at approx 4.50am. On top of that, if it's not a matter of phone battery running out, it may appear odd to a jury that he turned his phone off when out in South Pullman at c2.50am, returned to his appartment, went to sleep, left again at 4.20ish, took his phone but kept it off and travelled south of Moscow to near Blaine before switching on.Moo

However, this alibi might be corroborated if he left Pullman at c4.15-4.20am via Stadium Way as there are plenty of cameras there that recorded his return journey at 5.30ish. However, my feeling is that his elantra was not picked up by Stadium Way cameras leaving Pullman at c4.15am and heading to Moscow (that is a solid alibi that would have probably eliminated him as suspect and I believe LE would have done due diligence with all vide footage from Stadium Way-Moo). It seems to me this alibi would have to involve him travelling via some back route to leave Pullman and hope for a back street camera to have captured him (and again, I feel that this has already been addressed by LE in the service of due diligence). So in summary, sleeping at home alibi might be tricky. Moo
 
  • #345
Bottom line: IMO, the argument that the media couldn't educate the public about standing silent because of the gag order is complete BS and I was surprised their attorney even went there.
[SBM]

The media is challenging the gag order because, among other things, they contend it is over-broad. The judge has essentially three options:

(1) Continue the current gag order as it stands;
(2) Modify the gag order, making it less onerous; or
(3) Eliminate the gag order.

For the judge to decide either (1) or (2), he must find that without such restrictions in place the defendant’s right to a fair trial would be impaired.

In arguing for the media, Wendy Olson, whose credentials I’ve recently posted, made a simple point about an issue the judge himself raised (“standing silent”): she argued that permitting the defense to explain publicly what “standing silent” in this case actually means would not prejudice the defendant. I don’t believe that fact was disputed except perhaps for Mr. Logsdon’s “blue toothbrush” claim.

I don’t believe Olson ever claimed the press could not explain “standing silent” because of the gag order. Rather, she maintained that letting parties to the gag order explain the meaning of standing silent would not be prejudicial to the defendant. That is the standard for gag orders, as I understand them.

The gag order cannot compel every journalist to be a shining example of the Fourth Estate.

The judge has no power to control the substance of what journalists publish. For example:

—He cannot stop Keith Morrison from accusing BK of playing around with a Moscow woman’s undies, in spite of a complete lack of proof that BK was even within a thousand miles of the place it happened.

—He cannot stop the tabs from arguing that BK’s long-ago job application mentioning his job cutting fish shows his love of and proclivity to employ knives.

—He cannot stop folks from opining that BK’s previous experience with women shows that he’s an incel, or, at the very least, super creepy.

All of those things found their way into the public square during the time the gag order has been in place. Continuing the current gag order will not remedy those problems.

I expect that Judge Judge will choose option (2), conceding few, very few, exceptions to the current gag order, and that Olson and her colleagues will then appeal.
 
  • #346
Lawyers for Chad Daybell filed a motion to dismiss the grand jury indictment. Attached is an MSM article that somewhat describes the hearing on the motion to dismiss.

Although the judge did not decide immediately, one month after this hearing, the judge denied the defense's motion to dismiss the grand jury indictment. He did not give his reasons, as they are sealed due to confidentiality of grand jury proceedings. He only stated that the motion to dismiss was denied.

Thank you! I was trying to remember what case I recalled that happening & that’s it!
 
  • #347
I did some quick calculations using google maps. If BK was heading from his appartment, prior to being on the south east end of Nevada Street at 2.44am, it would be a 2 minute drive at 2.42am from approximately the intersection of Cougar Street/Road/Drive/Ave and Stadium Way to that location Reading about access to StepToe that may have been blocked due to that accident at c 11.40pm, I figure it was probably the Garden Road exit out of StepToe appartments that BK took if he was driving direct from his residence to Nevada Street south-east. It would, at that time of the morning, take approx 3 mins from Steptoe, along Garden to the intersection of Cougar and Stadium. So if he was coming from home and took the most direct route, he would have actually exited the car park at approx 2.39am. This is nitpicky stuff but I find it semi -interesting! Moo

I'm surmising he may have been at home. He could have been somewhere else, but if so, wherever it was at 2.42am he was still utilising cellular resources utilised by those living at StepToe, so that makes me think he probably wasn't south of Cougar Way, or to the south east on Roads servicing WSU campus. The south east end of Nevada is part of WSU campus. Be interesting to see what the buildings are around there. Will have a squiz a bit later. Moo
 
  • #348
I did some quick calculations using google maps. If BK was heading from his appartment, prior to being on the south east end of Nevada Street at 2.44am, it would be a 2 minute drive at 2.42am from approximately the intersection of Cougar Street/Road/Drive/Ave and Stadium Way to that location Reading about access to StepToe that may have been blocked due to that accident at c 11.40pm, I figure it was probably the Garden Road exit out of StepToe appartments that BK took if he was driving direct from his residence to Nevada Street south-east. It would, at that time of the morning, take approx 3 mins from Steptoe, along Garden to the intersection of Cougar and Stadium. So if he was coming from home and took the most direct route, he would have actually exited the car park at approx 2.39am. This is nitpicky stuff but I find it semi -interesting! Moo

I'm surmising he may have been at home. He could have been somewhere else, but if so, wherever it was at 2.42am he was still utilising cellular resources utilised by those living at StepToe, so that makes me think he probably wasn't south of Cougar Way, or to the south east on Roads servicing WSU campus. The south east end of Nevada is part of WSU campus. Be interesting to see what the buildings are around there. Will have a squiz a bit later. Moo
This seems reasonable. I checked the FCC tower map and I think you're right that he would have been somewhere north of Couger Way area yet at 2:42, but he had to be driving towards campus by then. I've always believed he was at home before he left Pullman, but it threw me with the 2:42/2:44 timings. Although we can only guess he was at home prior, because all we really know is he was utilising that cellular resource, which likely covers all of north Pullman.

I'm still curious what he did for 9 minutes in or around SE Nevada St. I like your suggestion of parking, but 9 minutes is a long time to just sit there. He turned his phone off at 2:47 and was seen in the same area heading south 6 minutes later. It's not like it probably matters, but I want to know how he filled his time. Just thinking? Walking or Jogging? Getting high? What was he doing that he couldn't do at home before he left?
 
  • #349
This seems reasonable. I checked the FCC tower map and I think you're right that he would have been somewhere north of Couger Way area yet at 2:42, but he had to be driving towards campus by then. I've always believed he was at home before he left Pullman, but it threw me with the 2:42/2:44 timings. Although we can only guess he was at home prior, because all we really know is he was utilising that cellular resource, which likely covers all of north Pullman.

I'm still curious what he did for 9 minutes in or around SE Nevada St. I like your suggestion of parking, but 9 minutes is a long time to just sit there. He turned his phone off at 2:47 and was seen in the same area heading south 6 minutes later. It's not like it probably matters, but I want to know how he filled his time. Just thinking? Walking or Jogging? Getting high? What was he doing that he couldn't do at home before he left?
Yeah, it's interesting to speculate. Surely not jogging for 6-9 mins? How about some pre-crime prep, whatever that might have involved -the usual suggestions I guess -getting psyched up, checking his gloves, looking at his knife, chucking some clear plastic over his seat, biting his nails, going over a mental checklist, obsessing and justifying his intentions to himself...if he's guilty then whatever he was doing would have been idiosyncratic to him and his own logic and/or emotions at that time I guess.But just Moo as always!
 
  • #350
Yeah, it's interesting to speculate. Surely not jogging for 6-9 mins? How about some pre-crime prep, whatever that might have involved -the usual suggestions I guess -getting psyched up, checking his gloves, looking at his knife, chucking some clear plastic over his seat, biting his nails, going over a mental checklist, obsessing and justifying his intentions to himself...if he's guilty then whatever he was doing would have been idiosyncratic to him and his own logic and/or emotions at that time I guess.But just Moo as always!
I know we can't get inside his head (nor want to), but it's just a personal nagging in me to know why he did what appears so odd to me, time-wise. He didn't get in his car and drive to King Road, commit the crime, dump the knife, then go home. Instead, he got in his car, drove to WSU campus, did something for 9 minutes, drove somewhere in east/southeast Moscow for like 20 minutes, drove west to King road, made three passes and drove around for 25 more minutes.

It could be as simple as working up the courage, for sure, but I'm curious nonetheless.
 
  • #351
After thinking a bit : Agree! Phone with the vehicle. Also Agree with your description!

His phone according to the PCA was consistent with being at home at 2:42
IMO this is not consistent with being South of Stadium Way (which is 5 minutes away) heading North at 2:44. I agree with @TL4S that he is heading North from somewhere and it would be interesting to know where he was before.

If he is five minutes away at 2:44 he gets home at 2:49, his phone stopped reporting at 2:47. So I think he had his phone with him too (If he didn't have it with him it would stop reporting at 2:49 or later).

In your second paragraph...that only works if the 2:42 time consistent with being at home includes SE Pullman. But then why make a point in the PCA that at 2:47 he was in SE pullman when his phone turned off - ie differentiating it from his phone being at home? This makes it sound like at 2:42 he left home and at 2:47 he turned his phone off in SE pullman, I don't think that works with the 2:44 car going North on Nevada. Yours explanation works better.

Heading NORTH on Nevada at 2:44, turns phone off at 2:47....either goes home (might be time for that at that time in the early AM) or stops somewhere for 9 minutes, then turns around to head South on Nevada toward 270 2:53.

This was so hard to write, I hope it is clear.

MOO
Thank you @Nila Aella, it's clear. Yes, this stuff is hard to write and hard to keep the details straight! I'm just going through and catching up now, I came to your post after making several comments elsewhere. I agree with your analysis here. My conclusions for the time being are he stopped for 6-9 minutes somewhere on that section of Nevada, north-west of Stadium. I re-looked at the area via Google maps and I think it's pretty unlikely he returned home. There's only one out besides driving back up Stadium Way- Washigton Street which would not take him back towards north Pullman. So I would say he maybe stopped at c2.47. switched off phone and sat for 6 mins or so, or drove up and down Washington Street. Not sure re camera situation on Washington but I would speculate he sat for a while and did whatever. Moo

Actually now I'm wondering if for some reason he only realised when at intersection of Nevada and Stadium that he had taken his phone - like maybe an on auto-pilot situation? Maybe he had wanted to leave it at home. So he could have turned south-east onto Nevada in a distracted state, turned, crossed Stadium then parked in quiet area on north-west section of Nevada to think it through. Then decides, 'to hell with it, will just switch it off and take it along'. This only makes sense though if he did not envisage having to turn on phone again until arriving back in Pullman post crime. So it would have to be that after leaving Queen Street at speed at c4.20, he lost his way, perhaps when emerging onto Hwy 95 near Blaine (?) and switched on phone to find out where he was. Could've thought 'well it might look less suss, if it ever comes to that, to leave phone on all the way back to Pullman'. Just pure speculation that popped into my head as I was typing. Moo
 
  • #352
This seems reasonable. I checked the FCC tower map and I think you're right that he would have been somewhere north of Couger Way area yet at 2:42, but he had to be driving towards campus by then. I've always believed he was at home before he left Pullman, but it threw me with the 2:42/2:44 timings. Although we can only guess he was at home prior, because all we really know is he was utilising that cellular resource, which likely covers all of north Pullman.

I'm still curious what he did for 9 minutes in or around SE Nevada St. I like your suggestion of parking, but 9 minutes is a long time to just sit there. He turned his phone off at 2:47 and was seen in the same area heading south 6 minutes later. It's not like it probably matters, but I want to know how he filled his time. Just thinking? Walking or Jogging? Getting high? What was he doing that he couldn't do at home before he left?

This sounds interesting.
 
  • #353
Thank you @Nila Aella, it's clear. Yes, this stuff is hard to write and hard to keep the details straight! I'm just going through and catching up now, I came to your post after making several comments elsewhere. I agree with your analysis here. My conclusions for the time being are he stopped for 6-9 minutes somewhere on that section of Nevada, north-west of Stadium. I re-looked at the area via Google maps and I think it's pretty unlikely he returned home. There's only one out besides driving back up Stadium Way- Washigton Street which would not take him back towards north Pullman. So I would say he maybe stopped at c2.47. switched off phone and sat for 6 mins or so, or drove up and down Washington Street. Not sure re camera situation on Washington but I would speculate he sat for a while and did whatever. Moo

Actually now I'm wondering if for some reason he only realised when at intersection of Nevada and Stadium that he had taken his phone - like maybe an on auto-pilot situation? Maybe he had wanted to leave it at home. So he could have turned south-east onto Nevada in a distracted state, turned, crossed Stadium then parked in quiet area on north-west section of Nevada to think it through. Then decides, 'to hell with it, will just switch it off and take it along'. This only makes sense though if he did not envisage having to turn on phone again until arriving back in Pullman post crime. So it would have to be that after leaving Queen Street at speed at c4.20, he lost his way, perhaps when emerging onto Hwy 95 near Blaine (?) and switched on phone to find out where he was. Could've thought 'well it might look less suss, if it ever comes to that, to leave phone on all the way back to Pullman'. Just pure speculation that popped into my head as I was typing. Moo
Thank you for describing a route he might have taken from his apartment to where it passed SE Nevada St. That helped me see it better as to why he was there to begin with. I wondered about the phone too...
 
  • #354
I did some quick calculations using google maps. If BK was heading from his appartment, prior to being on the south east end of Nevada Street at 2.44am, it would be a 2 minute drive at 2.42am from approximately the intersection of Cougar Street/Road/Drive/Ave and Stadium Way to that location Reading about access to StepToe that may have been blocked due to that accident at c 11.40pm, I figure it was probably the Garden Road exit out of StepToe appartments that BK took if he was driving direct from his residence to Nevada Street south-east. It would, at that time of the morning, take approx 3 mins from Steptoe, along Garden to the intersection of Cougar and Stadium. So if he was coming from home and took the most direct route, he would have actually exited the car park at approx 2.39am. This is nitpicky stuff but I find it semi -interesting! Moo

I'm surmising he may have been at home. He could have been somewhere else, but if so, wherever it was at 2.42am he was still utilising cellular resources utilised by those living at StepToe, so that makes me think he probably wasn't south of Cougar Way, or to the south east on Roads servicing WSU campus. The south east end of Nevada is part of WSU campus. Be interesting to see what the buildings are around there. Will have a squiz a bit later. Moo
Just briefly looking: I checked the coffee place North of Stadium Way, not open.
There is the Stephenson Complex (housing for residents of all majors) South of Stadium Way. Meeting someone?
Not much else that I see on Nevada.
A little more thinking on it: The camera captures do state 2014-2016 Elantra. IMO the information with the most variation is the cell service "area." I think the camera captures and the phone stops reporting are the solid information. The "at home" is now in my maybe box.
Now I am wondering where the camera/s was/were that caught the images of his car.
MOO
 
  • #355
Actually now I'm wondering if for some reason he only realised when at intersection of Nevada and Stadium that he had taken his phone - like maybe an on auto-pilot situation? Maybe he had wanted to leave it at home. So he could have turned south-east onto Nevada in a distracted state, turned, crossed Stadium then parked in quiet area on north-west section of Nevada to think it through. Then decides, 'to hell with it, will just switch it off and take it along'. This only makes sense though if he did not envisage having to turn on phone again until arriving back in Pullman post crime. So it would have to be that after leaving Queen Street at speed at c4.20, he lost his way, perhaps when emerging onto Hwy 95 near Blaine (?) and switched on phone to find out where he was. Could've thought 'well it might look less suss, if it ever comes to that, to leave phone on all the way back to Pullman'. Just pure speculation that popped into my head as I was typing. Moo
Snipped BM

Thank you for describing a route he might have taken from his apartment to where it passed SE Nevada St. That helped me see it better as to why he was there to begin with. I wondered about the phone too...
Interesting! That could be why he turned the phone off at that point. His other options would have been to return home and leave it, or even leave it on Nevada somewhere. MOO
 
  • #356
Just briefly looking: I checked the coffee place North of Stadium Way, not open.
There is the Stephenson Complex (housing for residents of all majors) South of Stadium Way. Meeting someone?
Not much else that I see on Nevada.
A little more thinking on it: The camera captures do state 2014-2016 Elantra. IMO the information with the most variation is the cell service "area." I think the camera captures and the phone stops reporting are the solid information. The "at home" is now in my maybe box.
Now I am wondering where the camera/s was/were that caught the images of his car.
MOO
On Google, I see at least one (maybe two) camera on the street light poles at the intersection of Stadium and Nevada.
 
  • #357
  • #358
Another Grand Jury Question:

If a grand jury requests a subpoena (or other information), does their request go directly to the Judge (that empaneled them)? And then the judge orders whatever is requested after reviewing it. Or does the prosecution just provide whatever information is asked for and submit a subpeona to the Court?
 
  • #359
I had a go with the 'I was at home asleep alibi' a few pages back. The first problem I was seeing, is the video footage and coinciding phone pings that put him in South Pullman between 2.44 and 2.53. Then the phone pings and video footage that place him near Blaine on highway 95 at 4.50ish and pinging back to Pullman, to again have his pings and video capture of his vehicle coinciding multiple times between 1300 Johnson Road and up Stadium Way as far as Cougar Ave/Street. This complicates the at home sleeping alibi somewhat, Imo.

It would need to involve having video footage or witnesses for his return to appartment from Nevada Street at around ten minutes to three. Then that he awoke and left at whatever time (maybe 4.10-4.15am) so as to be travelling on 95 near Blaine 15 mins south of Moscow at approx 4.50am. On top of that, if it's not a matter of phone battery running out, it may appear odd to a jury that he turned his phone off when out in South Pullman at c2.50am, returned to his appartment, went to sleep, left again at 4.20ish, took his phone but kept it off and travelled south of Moscow to near Blaine before switching on.Moo

However, this alibi might be corroborated if he left Pullman at c4.15-4.20am via Stadium Way as there are plenty of cameras there that recorded his return journey at 5.30ish. However, my feeling is that his elantra was not picked up by Stadium Way cameras leaving Pullman at c4.15am and heading to Moscow (that is a solid alibi that would have probably eliminated him as suspect and I believe LE would have done due diligence with all vide footage from Stadium Way-Moo). It seems to me this alibi would have to involve him travelling via some back route to leave Pullman and hope for a back street camera to have captured him (and again, I feel that this has already been addressed by LE in the service of due diligence). So in summary, sleeping at home alibi might be tricky. Moo
I agree that any "at home" alibi is probably sunk. It will be very interesting to see if they do eventually present an alibi defense or just focus on trying to establish reasonable doubt.
 
  • #360
No, I think that is a typo. I think it is supposed to say suspect vehicle, because it says "as described below."

Additionally, if they indeed had a video of the car driver: LE would not have been asking publicly for occupant/occupants of the elantra to come forward IMO. I do not think they knew how many people were in the car.

IMO the times are approximate to give a little room each way.

MOO
I've always believe that was a ploy (occupants) used by LE to throw blatant suspicion off BK.

MOO
 
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