OCCK

No public body should have the right to publish favorable news and then assert the exemption provisions of the Freedom of Information Act (FOIA) when contrary results arise. We may see examples of this between now and the November 8 elections. In 1977 the Oakland County Prosecutor publicly announced that Christopher Busch did not kill Mike Stebbins, the first victim, because he passed a lie detector test. In 2008 the Oakland County Prosecutor refused to release the conclusions of three subsequent polygraphers who arrived at contrary opinions after reading the same test results.

The King family requests the Michigan legislature to amend FOIA to eliminate her dictatorial decision to deny the family of Tim King any explanation of why she eliminated Christopher Busch as a suspect (Chapter 35). FOIA places both the burden of proof and the burden of going forward on the public body and not on the citizen plaintiff (Chapter 16). In my two FOIA cases both the Oakland County Circuit Court and the Michigan Court of Appeals have upheld the position of Cooper that victims in this 40 year old OCCK case are not entitled to any information on why she called me on March 1, 2010 to tell me Christopher Busch was no longer a suspect (Chapter 35). The victims, the judges and the public do not know if the Busch case was closed for professional, publicity, power and control, political or some other reason.

Many times a prosecutor will tell the public why a suspicious criminal cannot or will not be charged. Jessica Cooper has made these announcements. For instance Cooper publicly announced that she would not charge the Northland Mall officers who killed a customer because that was not their intent, a professional reason. When he was prosecutor l. Brooks Patterson made disclosures in February 1977 for not charging Busch (Chapter 41). Patterson gave a professional reason to support his conclusion. Cooper, who has not prepared or tried a case for almost four decades, has not given any reason for advising me on March 1, 2010 that Busch was no longer a suspect. FOIA does not and should not grant prosecutors dictatorial discretion in the publication of these conclusions. The prosecutor should explain the reason for this decision, especially when the police have contrary opinions.

If a prosecutor decides not to charge any suspect for a nonprofessional reason the victim currently has no remedy. For instance, if the suspect is related to the prosecutor or is a major political donor is silence proper? In Tim’s case was Oakland County upset that Wayne County may have identified the murderers (Chapter 56)? If publication shortly before an election could affect the election result a prosecutor should not have discretion to talk to the media while at the same time asserting she is under no obligation to give the same information to the victims or the judiciary (Chapters 38 to 40). This paragraph could continue for several more pages with questions and examples all of which discuss my conclusion that prosecutors should open the entire file when they tell anyone of their decision not to charge a suspect. The FOIA statute should clarify this issue!

Footnte: You can access my Story at “afathersstory-occk.com” You can locate specific Chapters by adding “/Chapter-xx “. Another source is “afathersstory-occk.wordpress”.

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OCCK

In my judgment the method of raising children in Oakland County, and perhaps beyond, has materially changed since the OCCK deaths. If you are less than 40 years old your childhood may be much different than that of your parents, my children and even me. These changes began in 1977, but I did not realize this until 2007 after my daughter Cathy’s phone call to Cory Williams.

Before 1977 children had freedom, especially during the summer months. They had paper routes, walked to school, shopped their neighborhood stores for comic books and ice cream, took their mitts and bats to the neighborhood playgrounds and were not regularly supervised. The young children in my neighborhood do not play outdoors or visit each other. Television and computers may account for some of this result but not all of it.

This is perhaps best personified by a telephone call I received last year from one of Tim’s baseball teammates. Brian Nefcy called on the status of the investigation and told me of trip his family made to Texas to visit his wife’s parents. When his wife and he returned home his children were not there. Their grandparents advised him both his children, whom I recall were younger than Tim when he died, were walking around the block. He immediately got in the car, picked them up and told the grandparents to never allow this again.

A friend of mine who married one of Cathy’s high school friends advised me several years ago that the babysitter for his 12 year old son was always a family member with one exception. The babysitter on this one occasion was his secretary’s sister.

My neighborhood elementary school was closed several years after Tim died. The children now attend a different school which requires them to take a school bus. I was surprised to learn that some of the mothers wait at the neighborhood bus stop until their children are picked up and to meet them when they arrive home. Was this common procedure before 1977?

The above examples are only a sample of other reports I have received. Do these changes affect childhood independence and social development? Perhaps some sociologist or trained individual can make a comparison for us. Would any of these social changes have been minimized if ALL OR SOME of the suspects, especially Busch and Greene, had been identified publicly with a request for additional evidence?

Footnote: You can access my Story at “afathersstory-occk.com”. You can locate specific Chapters by adding “/chapter xx”.

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OCCK

The family of Tim King wishes to thank a number of people in the attempt to identify the suspects in his murder and that of the three other children also identified as victims of the Oakland County Child Killer.

For thirty years our primary source of information was retired Birmingham Chief of Police Donald Studt. As a young officer he was at our house twelve hours a day while Tim was missing. For three decades he followed up on several leads including out-of-state visits. I recall him telling me many years ago that the case would only be solved by a death bed confession. That solution is still a possibility.

Marney Keenan, a retired Detroit News reporter, is writing a book on murders of these children which may be published soon. My Story discusses only Christopher Busch. I understand her book will be broader. Even before July 2007 Keenan met with Studt and me to discuss another suspect who had come to her attention. She was also present on October 11, 2009 when I first discussed my concerns with the Detroit News. Get in line to buy this book when publication occurs.

This Story would not have occurred if Patrick Coffey, a former neighbor and classmate of my son Chris, had not talked to Lawrence Wasser at a convention in Las Vegas (Chapter 19, Exhibit E, 21 and 22). The circumstances of this meeting are similar to a death bed confession. Coffey has flown to Michigan from California at his own expense in response to an investigative subpoena. Coffey testified but Wasser asserted his right to remain silent relying on the lie detector statute. I am not aware of anyone who believes the position of Wasser is valid. If Wasser or any other polygrapher concludes a witness committed murder silence should not be authorized.

Wayne County Prosecutor Kym Worthy has kept me advised and taken action to develop the facts. Her Chief Assistant Prosecutor Robert Moran has been my primary contact. He returns all my calls and has visited Chris and me at my house on four or more occasions. The only reason Wayne County has jurisdiction in the OCCK case is that Tim’s body was found there. Oakland County and Jessica Cooper, the Oakland County Prosecutor, refuse to talk to me. Cooper has instructed her assistants to silence. Thank God that Worthy and Moran do not share Cooper’s views on victim silence.

No one has been as helpful as Cory Williams. When my daughter Cathy decided to report the Coffey-Wasser story she called the police in Livonia where Tim’s body was found (Chapter 19, Exhibit E). In making this phone call Cathy partially relied on favorable comments from Chris and me after meeting Williams in late 2006. Williams retired as a Livonia police officer in 2009 and is now a Wayne County Detective. His follow-up on the Busch lead and several others have occupied a great deal of his time. He has accompanied Moran on the visits to my house and made other visits on his own.

Michigan State police officers Denise Powell and Garry Gray also deserve my thanks. Gray was appointed the leader of the 2005 revitalized Task Force and is now retired. After my October 27, 2009 meeting with the Task Force the Michigan State Police switched allegiance from Wayne County to Oakland County. Powell reestablished contacts with Wayne County (Chapter 57). Powell and Williams recently met with Chris and I to advise us that their search was at a standstill and recommended that we mutually contact the media for a national program requesting information on the killers.

Endless other individuals in law enforcement and the media have devoted time to solve this gruesome case. The King family extends a Thank You to all of you.

Footnote: You can access my Story at”afathersstory-OCCK.com”. You can locate specific Chapters by adding “/chapter –xx”. Another source is “afathersstory-OCCK.wordpress”.

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OCCK

Christopher Busch was involved in the murder of my son Tim. “Tell ‘em what you gonna to tell ‘em, tell ‘em and then tell ‘em what you told ‘em” (Chapter 2). This is a short summary of what I have told you in the previous Chapters 66 to 71.

Once Busch died he could not be tried or convicted. The facts presented to me do not contain information exonerating him. After his death both Oakland County and the original Task Force essentially closed the door on the OCCK murders for almost 30 years. Presumably, they could then reopen the case if any other suspect was identified.

Four of the major factors supporting my conclusion are the non-evidentiary facts set forth in Chapter 67. After the Task Force was revitalized in 2005 Richard Thompson, the Oakland County Prosecutor responsible for the case from the beginning, told the Michigan State Police Busch was guilty. Four unrelated persons advised the King family the murderer was the son of a GM or automobile executive. On October 19, 2009, the Task Force told the family of Kristine Mihelich that Busch and his companions were the leading suspects. After Jessica Cooper became the Oakland County Prosecutor on January 1, 2009, she told the Michigan State Police not to provide her with OCCK information. Why did she do this unless she had been advised that the case was closed?

Chapters 68 to 70 set forth 24 questions to the Oakland County Prosecutor. The King family has additional areas of discussion if Cooper would only take time to meet with us. There can be a number of reasons why a prosecutor chooses not to charge a suspect. If the reasons are professional it is common to explain this to the public. How often have you read that two mutual deaths were the result of a murder-suicide? Cooper advised the media that she would not charge the Northland Mall representatives who killed a customer because they had no intent to kill him, a professional conclusion. Without an adequate explanation the King family cannot eliminate the possibility the reasons are personal (Busch’s father was a friend of the prosecutor?), political (the Busch family was a major contributor to the election campaigns?), previous mistakes (Busch was allowed to plead guilty in his four pedophile cases rather than trying him?), power and control (we cannot allow Wayne County to solve the case?) or other alternatives.

Three years ago Cooper referred to me as an 82 year old senile attorney. Her conclusion is interesting because she has never talked with me. If you agree with her I apologize for taking up your time. If you decide her judgment on my senility is incorrect or her failure to answer the questions from the King family is improper, please vote for her opponent Mike Goetz this November.

There will be post scripts to this Story but this is the final Chapter on my analysis of the investigation into Tim’s murder. One footnote will request the legislature to include new laws to require victim information in future cases.

Thank you for your patience if you have read all or any of my 73 Chapters.

Barry King.

Footnote: You can access this Story at “afathersstory.occk.com”. You can locate specific Chapters by adding “/chapter-xx”. Another source is “afathersstory-OCCK.wordpress”.

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OCCK

Chapter 72: Interim Comments: Three

This unplanned Chapter was prompted by the attached article from the September 2, 2016 article in The Wall Street Journal (Exhibit L). This article supported my concerns that Oakland County and the Task Force may have used scientific evidence discovered in 2009 or 2010 through the efforts of the office of the Wayne County Prosecutor (Chapters 32and 56) to improperly terminate the circumstantial and scientific evidence involving Christopher Busch and perhaps others.

The victims of the OCCK killers died in 1976 and 1977 before the discovery of DNA evidence. The original Task Force did not have DNA scientific evidence available for its investigation. Arch Sloan was the third tip given to the Task Force and Busch and Gregory Greene were the tips 369 and 370. After Busch and Greene passed their polygraph tests in January 1977 there was no further investigation until my daughter Cathy called the Livonia Police Department in July 2007 (Chapter 19). I received no information on the Sloan investigation until July 17, 2011 when Jessica Cooper requested information from the public on his possible involvement (Chapter 64). Since then all of the updates to the King family have been provided by Chief Assistant Wayne County Prosecutor Rob Moran and Wayne County Detective Cory Williams.

Why did Cooper call me on March 1, 2010 to tell me Busch was no longer a suspect? My degree in bar room psychology has led me to believe that the Task Force and Cooper decided the mDNA match between two of the victims and a hair found in the Sloan car was a better lead than the scientific and circumstantial evidence in the Busch case. The King family also believes Sloan was a good lead and should be examined (Chapter 32). We have been advised that this Sloan lead has not located any additional evidence regarding his possible involvement.

When the Task Force and Oakland County could not locate any further evidence on the Sloan case, at the request of the Oakland County Sheriff Cooper publicly requested information on this lead. OAKLAND COUNTY HAS MADE NO SIMILAR INFORMATION REQUEST FOR PUBLIC INFORMATION ON THE BUSCH OR OTHER LEADS. Oakland County closed its pending investigation of Busch and all other individuals sometime between the Task Force meeting on October 27, 2009 and the meeting with the investigators on February 26, 2010. Are any of the criticisms on scientific evidence in Exhibit L applicable to the Sloan lead? For two centuries before Tim was abducted criminals in this country were convicted without DNA evidence. That law has not changed to my knowledge.

When was the Sloan case mDNA evidence available? Did Paul Walton discuss the Sloan involvement with the investigators at the February 26, 2010 meeting? Why is mDNA evidence applicable in the Sloan case and the cold case conviction of a defendant charged by the Oakland County Grand Jury (Chapter 55) but not admissible regarding Kristine Michelich, the third victim (Chapter 34)? Should the Oakland County Prosecutor have dictatorial authority to omit or charge suspects without explanation or supervision? Do my concerns that the emphasis on the Sloan case was an attempt at diversion from other suspects have any validity?

Please click below for the September 2, 2016 article in The Wall Street Journal.

Exhibit L

Footnote: You can access this Story at “afathersstory-occk.com” You can access specific Chapters by adding “/Chapter-XX”.

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OCCK

This Chapter discusses some of my concerns not related to the dictatorial responses of the Oakland County Prosecutor. These concerns entered into my conclusion that Christopher Busch was involved in Tim’s death.

Criminal suspects are normally identified by name when the police receive the initial lead. In this case no name was given when my daughter, Cathy, called the Livonia Police Department in July 2007 (Chapter 19, Exhibit E). From her information, the police identified Busch. When Jessica Cooper advised me on March 1, 2010 that Busch was not a suspect the King family had not been provided any documents. I received my first information on December 15, 2010 when the Michigan State Police delivered 3411 pages pursuant to my FOIA law suit. All the information I have received arrived after that date. Oakland County has not provided any information to my family.

For more than 30 years I had concluded that it was a diabolically clever individual who killed Tim. I always thought if two or more individuals were involved one of them would ultimately identify the killers, either directly or indirectly. In 2006 Lawrence Wasser indirectly identified Busch to Patrick Coffey, a former neighbor and classmate of my son Chris, at a national convention of polygraphers in Las Vegas (Chapters 19 to 21). At his own expense Coffey flew from California and gave sworn testimony to the Wayne County Circuit Court. To my knowledge no one has taken any sworn testimony from Wasser. Apparently some authorities believe is more important to keep the polygraph results secret than it is to solve the OCCK case or any other serious crime.

The relationship between Busch and Greene with the OCCK case was first discussed in a January 1977 pedophile case in Genesee County. They were codefendants for abusing a boy in the Flint area (Chapter 29). Greene advised the investigators that Busch had killed Mark Stebbins, the first victim of the OCCK. NO ONE FOLLOWED UP ON THIS LEAD! They abused the same child. Greene received a life sentence. Busch was placed on probation even though he pleaded guilty in this and three other cases. Which one of them was the son of a prominent GM or automobile executive (Chapter 45)?

In February 1977 the Oakland County Prosecutor announced that Busch was not involved in the Stebbins murder because he passed a polygraph test. Tim was abducted and murdered in March. If Busch was ultimately charged in the OCCK case this timing would be very embarrassing. The possibility that Busch killed Tim while on probation also led me to continue my search for the truth.

Busch died on or about November 20, 1978 and the original Task Force was disbanded on December 15, 1978. Coincidence? The death was treated as a suicide but there is some concern he may have been murdered (Chapter 24, Exhibit F). Even though Busch had been removed as a suspect in February 1977, the Bloomfield Township police called the OCCK Task Force shortly after arriving at the residence to investigate his death. To my knowledge no one has interviewed the Task Force members, John Davis and Ron Pierce, who came to the residence. Why were they called and who did they report to?

Another interesting fact arose from the FBI interview with Charles Busch, the brother of Christopher. Before making any statement Charles asked if his nephews could be placed in a witness protection program (Chapter 28). This would only be necessary if there is someone alive who could harm them. I have requested the Task Force to follow up on this item.

Not all of the investigators have eliminated Busch as a suspect. In June 2015 one of them called to make certain I had received all of the Busch files (Chapter 25). When the MSP requested a search warrant of the former Busch residence October 28, 2008 the Wayne County Prosecutor, the Oakland County Prosecutor and the Michigan State Police all thought this was the best lead in the OCCK case. After Jessica Cooper called me on March 1, 2010 to tell me Busch was no longer a suspect her Chief Assistant Paul Walton told us they had no information exonerating him (Chapter 65).

As I mentioned early in this Story the emphasis on the blue Gremlin was entirely incorrect (Chapters 3 to7). The documents the Oakland County Prosecutor delivered to me on November 20, 2012 mention several other cars. A Pontiac is associated with all four children, and a Pontiac Lemans with three of them. The failure to publicize the possible involvement of the other cars is disturbing to the King family. Was this a deliberate attempt to mislead the public? Did the death of Busch eliminate the need for further evidence to close the case?

The King family concerns over the silence of Oakland County is summarized in Chapter 58. We greatly fear the silence is a deliberate attempt by Oakland County to avoid criticism of the improper actions in 1977 which would have involved the Busch family and perhaps other prominent citizens.

Any comments on the validity of these conclusions will be appreciated.

Footnote: You can access this Story at “afathersstory-occk.com” You can access specific Chapters by adding “/Chapter-XX”.

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OCCK

There are a number of additional questions I have for Jessica Cooper. Among them are the following:

19. When Chief Assistant Prosecutor Paul Walton filed his August 8, 2012 sworn Bill of Particulars with Oakland County Circuit Court Judge Wendy Potts stating that he had returned all the police records to the Michigan State Police did your office have in its possession the MSP documents delivered to me on November 20, 2012 (Chapters 47 and 48)? If so, do you have any professional responsibility to tell the Oakland County Circuit Court of this false statement pursuant to Rule 3.3(a)(1) of the Michigan Rules of Professional Conduct?

20. Did Richard Thompson tell the revitalized OCCK Task Force that he believed Christophe Busch was the murderer? Did your office discuss this subject with Thompson and, if so, who participated and what was said?

21. Define “meeting” as described in Chapters 61 to 64? Who prepared the list of 27 meetings? Why did you deliberately omit July 20, 2011 (Chapter 65)?

22. On April 26, 2012 did you tell the Oakland Press that you had won the appeal in my first FOIA case? If so, what was your basis for this statement?

23. Do you disagree with the facts or conclusions of Bill Beachum in Chapter 60, Exhibit G? If so, state each fact or conclusion and the basis for each disagreement.

24. Prior to October 5, 2009 did you tell the revitalized OCCK Task Force not to keep you advised of its investigation (Chapter 53)? If so, why did you make this request?

If any prosecutor advised you that the leading suspect in your child’s murder was no longer a suspect should the prosecutor explain the basis for her decision? If your answer is yes please vote for Mike Goetz this November.

Footnote: You can access this blog at “afathersstory-occk.com” You can access specific Chapters by adding “/chapter-xx”

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OCCK

Prosecutorial Disclosures are discussed in Chapters 38-40. At the same time Prosecutor Jessica Cooper told the Oakland County Circuit Court, the Michigan Court of Appeals and your author that she did not have to disclose anything regarding the Christopher Busch investigation she provided The Detroit Free Press, Channel 4 in Detroit, Marney Keenan of the Detroit news and perhaps others with this information in 2012, the year she ran for reelection. Among my questions on this subject are the following:

7. Why was Kevin Dietz in your office on June 18, 2012?

8. Why did you present your information on Busch to Kevin Dietz of Channel 4 before he filed his FOIA request?

9. Why were the documents you delivered to Dietz not available to me?

10. Why were the documents you delivered to The Detroit Free Press not available to me?

11. Did you discuss the OCCK case with Marney Keenan in August 2012? Did these discussions include the involvement of Busch?

12. Why did you meet with Keenan and not agree to my several requests for a meeting?

13. Did the fact that you were running for reelection in 2012 affect your judgment on the disclosure of the above OCCK and Busch matters to the media?

Sometime before the election this year I assume Cooper will take similar action to contradict my analysis and criticism. The local TV stations and newspapers should ask her to answer the questions in my conclusion Chapters in addition to publishing only her side of this investigation.

Footnote: you can access this blog at “afathersstory-occk.com’. You can access specific Chapters by adding “/chapter-xx”.

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OCCK

As I mentioned in Chapter 2, one of my two major initial concerns was the improper use of the search warrant statute by Jessica Cooper, the Oakland County Prosecutor. These concerns are outlined in Chapters 8 to 17. The following are a list of questions Cooper should answer not only to me but to the court system:

1. Since the suppression order provisions of the search warrant statute specifically states that it is not applicable to Freedom of Information Act (FOIA) cases, why did you use this statute to obtain the orders from the 48th District Court (Chapter 9, Exhibits B and C) which you filed with Judges Colleen O’Brien and Wendy Potts in my FOIA cases against the Michigan State Police and your office?

2. Why are the copies of the Order Clarifying Orders of Suppression of Search Warrant and Affidavit dated April 29, 2011 and marked “A True Copy” which you filed in my two FOIA cases not identical (Chapter 9, Exhibits B and C)?

3. Why is the only copy of the above order in the 48th District Court files undated (Chapter 9, Exhibit D)?

4. Were all the renewal orders filed in the 48th District Court within 56 days of the previous order? If they were not filed within 56 days, why were any subsequent orders valid (Chapter 11)?

5. Since you obtained the April 29, 2011 order(s) from the 48th District Court in an ex parte proceeding, did you violate Rule 3.3 of the Michigan Rules of Professional Conduct which requires you to advise the court of the factual and legal positions of your opposing litigant? In this regard the 48th District Court has advised me there was no hearing or affidavit.

6. Are the facts in Chapters 8 to 17 and the accompanying exhibits true? If not, identify the untrue facts and state the basis for your contrary conclusions.

If you believe Cooper is correct in her legal positions, vote for her. If you believe the families of the victims are entitled to these answers, vote for her opponent, Mike Goetz. He has agreed to make the Oakland County files available to the King family.

Footnote: you can access this blog at “afathersstory-occk.com’. You can access specific Chapters by adding “/chapter-xx”.

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OCCK

There are a number of innocuous items which have affected my judgment on the involvement of Christopher Busch in the OCCK murders. Among them are a series of unrelated facts which I will discuss before reviewing my other conclusions. These four items include (a) the statement of Richard Thompson that Busch was the leading suspect, (b) the four reports that the guilty party was the son of an automobile or GM executive, (c) the Task Force identification of Busch and his companions to the family of Kristine Michelich on October 19, 2009 and (d) the October 5, 2009 report that Jessica Cooper did not want to be kept current of this case.

The report that Richard Thompson thought Busch was the leading suspect demands clarification (Chapter 49). Thompson was the Chief Assistant Oakland County Prosecutor in 1977 who attended the Busch examination in Flint on January 28, 1977 and was later elected Prosecutor. Perhaps no one has better knowledge of this case.

Christopher Busch was the son of H. Lee Busch, a General Motors Vice President. Reports from four unrelated persons stated that the suspect in the OCCK case was the son of a prominent automobile or GM executive are not coincidental (Chapter 45). Based on the documents I have reviewed no one has talked to these individuals. If four people contacted the King family or the media did other persons provide similar information to law enforcement? If anyone else has received similar information, please bring it to my attention.

On October 19, 2009 MSP Sergeant Gary Gray, the leader of the revitalized Task Force, advised the family of Kristine Michelich that Busch and his companions were the leading suspects. On October 27, 2009 the Task Force did not answer any of the questions from the King family. See Chapters 33 to 35. Why couldn’t the Task Force tell the King family the same information it gave to the Michelich family eight days previously? Shortly thereafter Gray was replaced as the Task Force leader and Oakland County took control of the case.

At her first meeting with the Task Force on February 20, 2009 Jessica Cooper advised the investigating officers they could count on the full support of her office (Chapter 53). You can imagine my surprise when I later learned that as of October 5, 2009 Cooper did not want to be kept advised of the OCCK case (Chapter 53). What happened between these two dates to cause Cooper to change her mind?

Is the King family entitled to ask someone to explain the accuracy and the applicability of these observations?

Footnote: you can access this blog at “afathersstory-occk.com’. You can access specific Chapters by adding “/chapter-xx”.

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