On

1 2 STATE OF MICHIGAN IN THE 14TH CIRCUIT COURT

3
4 5v File No. 08—56761—FH PEOPLE OF THE STATE OF MICHIGAN, HON. TIMOTHY G. HICKS

6
SCOTT 7 BENNEIT HARRIS, Defendant. __________________________________________________________/

8 9
10 11 12
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GUILTY BEFORE THE HONORABLE Michigan

PLEA HEARING G. HICKS, CIRCUIT 25, JUDGE 2008

TIMOTHY

Muskegon,

Thursday,

September

13 14 15 16

APPEARANCES: For the People: MR. MARC E. CURTIS, 2—59274 Assistant Prosecuting Attorney Michael E. Kobza Hall of Justice 990 Terrace Street, Fifth Floor Muskegon, MI 49442

(231) 17 18
19

724—6435

For the

Defendant:

MR.

FREDRIC F.
Law

BALGOOYEN,
Offices,

P-10386

Balgooyen

P.C.

801 West Norton Avenue Muskegon, MI 49441 (231) 733—2566

20 21 22 23 24
25

TRANSCRIBED BY:

SUSAN K. PATELSKI
Certified

(CER—6368)
Recorder

Electronic

(231)

724—6337

SUSAN K. PATELSKI, CER-6368
OFFICIAL COURT RECORDER, MUSKEGON, MICHIGAN

(Video

Tape No.

2008—69,

09/25/08,

3:16 p.m.)

__

1 2 3 4 5 6 WITNESSES: 7 None. 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 EXHIBITS: None. DEFENDANT WITNESSES: None. PEOPLE

TABLE OF CONTENTS

SUSAN K. PATELSKJ, CER-6368
OFFICIAL COURT RECORDER, MUSKEGON, MICHIGAN

(Video

Tape

No.

2008—69,

09/25/08,

3:16

p.m.)

2

1 2 3 4 5 6 7 8 9 10 11 12 ~ 13 14 15 16 17 18 19 20 21 22 23 24 25

Muskegon, Thursday, Video Tape

Michigan September No.
-—

25,

2008 at 3:16:21

p.m.

2008-69 Scott Harris. right hand, please. Do

THE COURT:
Sir, you swear or

could you raise your

affirm that the testimony you are about to give

will be the truth, the whole truth, and nothing but the truth so help you God? THE DEFENDANT: (At 3:16 p.m., the court) THE COURT: Are you Scott Harris? Yes, I am. Yes, your Honor. Scott Harris, the defendant, sworn by

THE DEFENDANT: THE COURT:

What is your date of birth? 9/8/64.

THE DEFENDANT: THE COURT:

Thanks.

(At 3:16:34 p.m., proceeding recessed) (At 3:16:51 p.m., proceeding reconvened) THE COURT: Harris here today. Mr. Curtis? MR. CURTIS: Your Honor, it is my understanding the There was a Cobbs
——

People.

Mr. Balgooyen represents Mr.

defendant will be pleading as charged.

hearing held with myself, defense counsel, and the court present, where the court agreed that in exchange for the

SUSAN K. PATELSKI, CER-6368

(Video Tape No.

OFFICIAL COURT RECORDER, MUSKEGON, MICHIGAN

2008—69,

09/25/08,

3:16 p.m.)

3

1 2 3 4 5 6 7 8 9 10 11 12
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defendants plea, 8th, of 2008.

that it will delay sentence until December

If on that date the defendant pays the amount if the defendant

of $3,000, he will not—— prior to that date,

pays the $3,000, he will not be required to appear on December 8th,
-

2008,

and his sentencing will be delayed until May 29th,— with a payment of $8,000 due in May, of 2009. of 2009 If

or May of 2009,

total.

So $3,000 plus another $5,000 by May,

that amount is paid,

the court will not sentence the defendant

to any type of incarceration in the Muskegon County Jail or Department of Corrections. However, the court is still open

for terms and conditions of probation. THE COURT: Mr. Balgooyen, Correct. Thats correct. Harris, is that what you understand? correct?

13 14 15 16 17 18 19 20 21 22 23 24 25 to pay.

THE DEFENDANT: MR. BALGOOYEN: THE COURT: Mr.

THE DEFENDANT: THE COURT: MR. CURTIS:

Thats what I understand, Sir, yes. Mr. Curtis?

All right.

The information reads that Scott Harris to

on or about and between the dates of April 4th, 2003, May 7, of 2008, in Muskegon County,

state of Michigan, did not

pay support for his children,

in the amount or at the time

stated in an order entered by the 14th Circuit Court in file number 2003—020805; contrary to Michigan law. This is comonly referred to child support failing It is a felony, 4 years and/or $2,000.

SUSAN K. PATELSKI, CER-6368
OFFICIAL COURT RECORDER, MUSKEGON, MICHIGAN

(Video Tape No.

2008—69,

09/25/08,

3:16 p.m.)

4

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1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Balgooyen? 1997, provided habitual if

I ask the court

to take

notice

that

the defendant

was previously convicted of three or more felonies or attempts to commit felonies in that on or about November 26th, of 1985, he was convicted Michigan law, of the offense of burglary Court in violation of state

in the 27th Circuit and that on or about

for White Cloud, 23rd, 1988, of an in the

of Michigan; convicted occupied Circuit

February

he was

of the dwelling Court

offense

of breaking

and entering law,

in violation

of Michigan state

27th on of

for White Cloud, of 1997,

of Michigan;

and that

or about May 19th, operating Michigan while law,

he was convicted third offense Court

of the offense of

intoxicated

in violation

in the

20th Circuit

for Grand Haven,

state

of Michigan. And, therefore, by Michigan offender law. defendant This offense is subject to penalties to as is life 15 5

is commonly referred notice. The penalty

fourth

the primary or less

offense if

has a penalty offense

of 5 years

or more; under

years years.

the primary

has a penalty

And the operating

People

would move to amend that third offense,

May 19th, your Honor. Mr.

while

intoxicated Any objection

THE COURT:

to the amendment,

MR. BALGOOYEN: THE COURT: Mr.

No. Balgooyen, do you have a copy of the

SUSAN K. PATELSKI, CER-6368
OFFICIAL COURT RECORDER, MUSKEGON, MICHIGAN

(Video Tape No.

2008—69,

09/25/08,

3:16 p.m.)

5

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information

just

read? I do. Harris, have you heard Mr. Curtis

MR. BALGOOYEN: THE COURT: read the charge just Mr. now?

THE DEFENDANT: THE COURT: elements of the charge

Yes,

I did. the name and the

Do you understand you face? Yes, I do.

THE DEFENDANT: THE COURT:

Do you understand Yes, I do. is

the maximum penalty?

THE DEFENDANT: THE COURT: habitual. It cannot that?

In your case it be any lower

15 years

with the Do

than 4 years,

though.

13 14 15 16 17 18 19 20 21 22 23 24
25

you understand

THE DEFENDANT: THE COURT: that you are required

Yes,

I do. sentence

There

is no mandatory-minimum even with

to serve,

the enhancement. Cobbs commitment Do you have

Mr. Harris, here that Mr. Curtis about

I have made a two—step has accurately that? No, Sir, I dont, described.

any questions

THE DEFENDANT: THE COURT: are a couple things

One thing

I want to you-—

I guess there that.

I want you to understand

about

Number one is that a felony conviction will go in the books today. Do you understand
THE DEFENDANT:

that?
Yes, I do.

SUSAN K. PATELSKI, CER-6368
OFFICIAL COURT RECORDER, MUSKEGON. MICHIGAN

(Video Tape No.

2008—69,

09/25/08,

3:16 p.m.)

6

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 choices. commitment options and all your child that well total sentence

THE COURT: before

And at some point,

you will

have a that?

me at some point. Correct.

Do you understand Yes, I do. we will $3,000

THE DEFENDANT: THE COURT: December delay it 8 date. until

Okay. And if May.

And for today, youve

set

it

for

paid the point,

by then, paid a Do

And by that

if youve

of $8,000

toward the arrears, that? Yes, I do, also

youll

have no jail.

you understand

THE DEFENDANT: THE COURT: support

Sir. need to stay current that? in

You will

obligations. Correct.

Do you understand Yes. the no jail

THE DEFENDANT: THE COURT: limits that

Okay. option,

And finally but it

does not

limit

any other tether,

that that.

I have such as fines, Do you understand Yes,

costs, those

probation,

things?

THE DEFENDANT: THE COURT: constitutional rights

I do,

Sir. told of the you about charge your

Has Mr.

Balgooyen

and the elements Yes, he did.

you face?

THE DEFENDANT: THE COURT:

You need to enter

a plea.

You have four We where you

The first one is a nob this a no contest the charge. as a guilty

contendere plea. plea. Its a plea

commonly call choose not

to fight it operates

For record plea.

and sentencing you may plead

purposes,

Next,

SUSAN K. PATELSKI, CER-6368
OFFICIAL COURT RECORDER, MUSKEGON, MICHIGAN

(Video Tape No.

2008—69,

09/25/08,

3:16

p.m.)

7

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guilty. stand enter pleas?

Third, mute.

you may plead

not guilty.

And fourth,

you may

That means you would say nothing, plea for you.

and I will the four

a not guilty

Do you understand

THE DEFENDANT: THE COURT: give up a constitutional THE DEFENDANT: THE COURT: attorney will be given

Yes,

I do,

Sir. means to waive or to

Do you know what it right? Yes, Sir.

At your sentencing, a reasonable report

both

you and your to read the else you

opportunity

presentence

investigation

and tell

me anything

want me to know before you are sentenced. Lets talk about the prior of all offenses first. Mr.

13 14 15 16 17 18 19 20 21 22 23 24 25 those? Harris, burglary

were you convicted in 1985,

three

of these

felonies: in

and breaking

in entering

in 1988, both

White Cloud? THE DEFENDANT: THE COURT: Yes, Sir. for both of

Did you have attorneys

THE DEFENDANT: THE COURT:

Yes, Sir.

Were you convicted of operating while

intoxicated third offense in Grand Haven in 1997? THE DEFENDANT: THE COURT: Yes, Sir, I was. then?

Did you have an attorney Yes, Sir.

THE DEFENDANT:

SUSAN K. PATELSKJ, CER-6368

(Video Tape No.

OFFICIAL COURT RECORDER, MUSKEGON, MICHIGAN

2008—69,

09/25/08,

3:16 p.m.)

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1 2 3 4 5 6 7 8 9 10 11 12
r

THE COURT:

Mr.

Harris,

has anybody

promised

you

anything else beyond the matters disclosed here right now to get you to plead guilty? No, Sir. you to get you to

THE DEFENDANT: THE COURT: plead guilty? THE DEFENDANT: THE COURT: plea? THE DEFENDANT: THE COURT: on the ago. advice of rights

Has anybody threatened

No,

Sir. choice to enter the

Is it

your own free

Yes,

Sir. gives up all the rights noted

Your plea

form that form? Yes,

you signed

a few minutes

13 14 15 16 17 18 19 20 21 22 23 24 25

Did you read the

THE DEFENDANT: THE COURT:

I did. the form?

Did you sign Yes,

THE DEFENDANT: THE COURT: giving up? THE DEFENDANT: THE COURT: of them? THE DEFENDANT: THE COURT:

I did. the rights that youre

Do you understand

Yes,

I do. about any one

Do you have any questions

No,

Sir. pain right now?

Are you in physical No, Im just

THE DEFENDANT: THE COURT:

nervous. okay. I didnt

Okay.

Well thats

SUSAN K. PATELSKI, CER-6368
OFFICIAL COURT RECORDER. MUSKEGON, MICHIGAN

(Video Tape No.

2008—69,

09/25/08,

3:16 p.m.)

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1 2 3 4 5 6 7 8 9 10 11 12

expect

this

to be a fun day for anybody who is

in court. Any

I

just want to be sure you understand whats questions about anything so far? No, Sir.

going on.

THE DEFENDANT: THE COURT: team this year? THE DEFENDANT: THE COURT: last few years. THE DEFENDANT: about it than me, but——

Does Laingsburg

have a good football

I believe

they have,

yes. in the

I thought

theyd

had some success

I think

my father

would know more

THE COURT:

Whats

he do out there? retired off the railroad.

~

13 14 15 16 17 18 19 20 21 22 23 24 25 gives watch the Hes——

THE DEFENDANT:

Hes

THE COURT: sports

So he gets huh? Yes.

to go to football

games and

reports,

THE DEFENDANT: THE COURT: up any claim or threats

Okay.

Mr. Harris,

your guilty

plea

that that

your plea

was the result

of secret It

promises also

were not disclosed later that it

here today.

gives

up any claim

was not your own choice changes your appeal of Appeals to the

to enter rights

the plea

here today. the right leave

Your plea to appeal

from having

to the Court

to having Court

to ask for

or for permission

to appeal

of Appeals.

Do you understand

the difference?

SUSAN K. PATELSKI, CER-6368
OFFICIAL COURT RECORDER, MUSKEGON, MICHIGAN

(Video Tape No.

2008—69,

09/25/08,

3:16 p.m.)

10

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 went into living October And it judgment

THE DEFENDANT: THE COURT: any promises, other threats, already

Yes, I do. are either one of you aware the plea,

Gentlemen,

or inducements disclosed?

regarding

than those Mr.

Curtis? No, Mr. your Honor. Balgooyen? Im aware of none, Harris, your Honor.

MR. CURTIS: THE COURT:

MR. BALGOOYEN: THE COURT: of questions County? THE DEFENDANT: THE COURT: to pay child here. Mr.

we need to ask you a couple here in Muskegon

Did you get divorced

Yes,

I did. by that divorce

Were you ordered support Sir, for

your children? think the child support

THE DEFENDANT: effect until

I dont

after

my divorce—finalized

after

I was already it was

in Florida. or November, started

The divorce 03.

I believe

And thats

when I moved to Florida.

coming

out of my pay—— Well let me try it this way. Okay.

THE COURT:

THE DEFENDANT: THE COURT:

Was there a later court order for you to

pay child support by a Muskegon judge? THE DEFENDANT: THE COURT: I believe so. Yes. there was a child

Well at some point

SUSAN K. PATELSKI, CER-6368
OFFICIAL COURT RECORDER, MUSKEGON, MICHIGAN

(Video Tape No.

2008—69,

09/25/08,

3:16 p.m.)

11

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1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25

support

order,

wasnt

there? I believe right. so, yes.

THE DEFENDANT: THE COURT: support exactly All

Did you pay the child order? it came straight when it

as required

in that

THE DEFENDANT: out of my paychecks. didnt, Lansing

For the most part,

There was a point

of time there and I sent

and I went and got money orders every two weeks. Okay. Well

them to

THE COURT: with questions then,

Im going

to need some help

gentlemen. And it wasnt the full amount that I

THE DEFENDANT: sent. THE COURT: says that right now. THE DEFENDANT: MR. BALGOOYEN: THE DEFENDANT: full amount, I dont there is

Well let

me try of about

it

this

way.

Mr.

Curtis account

an arrears

$12,000

on that

Yeah,

I——

Well he didnt-I understand like $7,000, but the

understand. Well for whatever pay the reason, do you as

THE COURT: acknowledge that

you didnt

amounts

exactly

required in that order? THE DEFENDANT: MR. BALGOOYEN: judgment. Yes, Sir, I do.

Support was provided for in the here, your Honor.

I have a copy of the judgment

SUSAN K. PATELSKI, CER-6368
OFFICIAL COURT RECORDER, MUSKEGON, MICHIGAN

(Video Tape No.

2008—69,

09/25/08,

3:16

p.m.)

12

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1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25

But there

have been some modifications

of that.

And I think

he has had periods of time when he hasnt been employed, and thats where the arrearages THE COURT: built up.

All right. Is that Yes. correct? yes. Under the dont law, give

MR. BALGOOYEN: THE DEFENDANT: THE COURT: the reasons

Somewhat, to—-

So just

I dont-—

why you didnt to this.

make the payment agreeing

really that

you a defense

But youre

the payments

were not made as required THE DEFENDANT: THE COURT: he committed violating his plea the crime

in the orders Correct.

in the

file?

Mr. Harriss testimony establishes that and that he committed order. the crime by The court and the plea. rules? finds

the Muskegon County court to be knowing, For all Gentlemen, Mr. Curtis? You have, Mr. these voluntary, reasons,

understanding, the court complied

accurate.

accepts with the

has the court

MR. CURTIS: THE COURT:

your Honor.

Balgooyen? Yes. Harris, do you have any questions sir?

MR. BALGOOYEN: THE COURT: Mr.

about anything that we have done here today, THE DEFENDANT: THE COURT: Mr. No, Sir. Harris,

we have delayed

your

SUSAN K. PATELSKI, CER-6368

(Video Tape No.

OFFICIAL COURT RECORDER, MUSKEGON, MICHIGAN

2008—69,

09/25/08,

3:16 p.m.)

13

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sentencing probation paperwork

for quite office flowing.

a while.

But you need to go to the and get the you apprise that?

right

now, and check in there, have to be sure that

Youll

them of any changes

in your address. Correct. speak

Do you understand

THE DEFENDANT: THE COURT: their words.

Courts

through

their the

orders,

not

So as we manage your be sure that

case with

December date only to the

and the May date, orders that

you pay attention Okay? Yes. words, on time. that

come from the court. Okay.

THE DEFENDANT: THE COURT: have to be paid exactly THE DEFENDANT: THE COURT: December for Its

In other right

money is going

to

r

13 14 15 16 17 18 19 20 21 22 23 24 25 file. that. if If

Can I-not going Im to be good enough in

you to say well

not coming—— for Ive got it

you to say, coming. Do

well the money is on the way, you understand these things?

I think

THE DEFENDANT: Im paying that

Right.

Can I ask a question support—— my monthly for the $3,000, to this in charge

on

my weekly over amount

support,

Im mailing or does it

would that court? of that

be--

have to be sent You know,

directly Im not that.

THE COURT: Talk to Mr.

Balgooyen Ive

about told

MR. BALGOOYEN: can do that.

him he can do that.

He

SUSAN K. PATELSKI, CER-6368
OFFICIAL COURT RECORDER, MUSKEGON, MICHIGAN

(Video Tape No.

2008—69,

09/25/08,

3:16 p.m.)

14

1 2 3 4 5 6 7 8 9 10 11 12
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THE COURT: fine,

I think

you making

regular

payments

is

as long as they total up to the $3,000. THE DEFENDANT: THE COURT: Okay. have to be paid I agree. be your responsibility to in one lump.

It doesnt Yeah,

MR. BALGOOYEN: THE COURT: walk pretty boxes in here

But it will

in December or give me by December some nice that shoes—— you know, Okay? dont send me shoe

paperwork full

of receipts. THE DEFENDANT: THE COURT:

Do you understand? I understand.

I understand.

Okay. I hope that he hasnt supposed to ignore taken your because

MR. BALGOOYEN: words to mean that Ill be writing hes

13 14 15 16 17 18 19 20 21 22 23 24 25

my letters,

him too. Right. Follow Mr. Balgooyens dont If want there advice, to be any

THE COURT: and you should misunderstanding Mr. Balgooyen

be okay. about

But I just these things.

you have any doubt,

can give you the court and shell tell do.

number and you can call what you have and

my secretary,

you exactly Okay?

what you can and cannot THE DEFENDANT: THE COURT: your DNA. THE DEFENDANT: THE COURT:

Okay. Now we do need a sample of

All right.

Okay. already, Mr. Curtis?

Do we have it

SUSAN K. PATELSKI, CER-6368
OFFICIAL COURT RECORDER, MUSKEGON, MICHIGAN

(Video Tape No.

2008—69,

09/25/08,

3:16 p.m.)

15

__

1 2 3 4 5 6 7 8 9 10 11 12 does it far Just youre DNA--

MR. CURTIS: THE COURT: going

No,

your Honor. So

Those other convictions are too old. the sheriff a sample of your

to have to give

THE DEFENDANT: THE COURT: as Im concerned, make sure
——

Okay. on some Wednesday of your choice. right As now.

you wouldnt done.

have to do that Okay? like that

you get it

THE DEFENDANT: today while Im here?

Could something

be done

THE COURT: on Wednesdays. to leave town,

Well the Muskegon County Sheriff I know Mr. but youve if Balgooyen got to get says it youre

only

r

13 14 15 16 17 18 19 20 21 22 23 24 25

anxious as far

done.

I mean

as Im

concerned, do it,

you go to Florida thats fine by me.

and you can have Just get it

somebody in Florida done.

THE DEFENDANT: THE COURT: All

Okay. right. The last question, do we

need to modify bond to allow him to go to Florida? MR. CURTIS: THE COURT: MR. CURTIS: THE COURT: condition from there to allow Yes, your Honor. to that, Mr. Curtis?

Any objection No,

your Honor. Well modify the bond and to travel to and

All right.

you to go to Florida route.

via the most direct

But we need to have a

SUSAN K. PATELSKI, CER-6368
OFFICIAL COURT RECORDER, MUSKEGON, MICHIGAN

(Video Tape No.

2008—69,

09/25/08,

3:16 p.m.)

16

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25

current

Florida

address

on file

at all it

times, is on file And well here. need an

THE DEFENDANT: THE COURT: order about

I believe

Okay.

Very well. I think, Mr.

the bond thing

Balgooyen,—— changing through that. stop is where? and-Ms. Patelski,

the bond condition. but we need something Okay. Mr.

Maybe you can do it in the Harris, file about

your next

THE DEFENDANT: MR. BALGOOYEN: THE DEFENDANT: THE COURT: Yes,

Where? No. Oh, sir.

Back to Laingsburg,

the probation Your next

office. stop

Yes.

is the

probation office across the street. THE DEFENDANT: THE COURT: right. Thank you. MR. BALGOOYEN: shack. is Take this street Here. Youre going to the guard and then there at this end of Across the street. All

Then you can go back to Laingsburg.

down to Pine Street, and its right

a guard shack.

Go in there,

the building. THE DEFENDANT: MR. BALGOOYEN: THE DEFENDANT: MR. BALGOOYEN: THE COURT: Okay. Okay. Stay in touch. your Honor.

Thank you,

Have a good trip. Harris.

Youre welcome, Mr. proceeding

(At 3:29 p.m.,

concluded)

SUSAN K. PATELSKI, CER-6368
OFFICIAL COURT RECORDER, MUSKEGON, MICHIGAN

(Video Tape No.

2008—69,

09/25/08,

3:16 p.m.)

17

1 2 3 4 5 6 7

STATE OF MICHIGAN COUNTY OF MUSKEGON

I certify pages, is a complete,

that

this

transcript, rendition

consisting

of 18

true

and correct in this

of the videotape 25, 2008.

of the proceeding

as recorded

case on September

:

January

13, 2009

10 11 12
r

~ /usan K. Patelski (CER-6368) /Certified Electronic Recorder Muskegon County Circuit Court 990 Terrace Street Muskegon, MI 49442 (231) 724—6337

13 14 15 16 17 18 19 20 21 22 23 24 25

SUSAN K. PATELSKI, CER~6368
OFFICIAL COURT RECORDER, MUSKEGON, MICHIGAN

(Video Tape No.

2008—69,

09/25/08,

3:16 p.m.)

18

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