Plea Deal for Larry King’s Murderer: The Inside Story
Brandon McInerney pled guilty to the execution-style murder of his gay teen classmate, Larry Fobes King.
Ventura County, California – Prosecutors in the Brandon McInerney murder trail agreed to a plea deal rather than take young gay Larry King’s confessed killer into court a second time, according to EDGE Boston. McInerney, 14 at the time he shot his 15-year-old gay classmate in the back of the skull in his middle school computer class in 2008, will be sentenced today.
The Ventura County District Attorney’s Office agreed to a deal because they couldn’t be sure what would happen if they put McInerney back on trial again.
McInerney’s defense team succeeded in putting King on trial for his own murder, at least enough so that the jury in the first trial could not agree on a verdict, and a mistrial was declared. While legal experts saw the case as a clear-cut instance of pre-meditated murder, the prosecutors for Ventura County could not surmount the sympathy factor for the 14-year-old, and the discomfort factor in the way the press and the defense portrayed King. Instead of the forthright homophobic murder the prosecution sought, a combination of child-nostalgia and anti-transgender and anti-gay bias turned King into a “Franken-Larry,” a devious, dangerous homosexual predator–a portrayal that could not have been further from the truth about the real boy who was in transition from a scared, bullied gay school kid to a youth who could affirm and live out his gender variance.
Media distortion in the King case started as early as the first reports about the murder, with sensational accounts of what young King wore to school, and his responses to McInerney’s bullying. Ramin Satoodeh, reporter for Newsweek, wrote a cover story on King that was devastating–likening the boy to a monstrous little predator, tottering after his love interests in platform heels. McInerney’s defense lawyers countered prosecution evidence of his Neo-Nazi and white supremacist motives by casting King, who was smaller and weaker than McInerney, as the aggressor, and skillfully used the press to drive this point home. The California law making a 14-year-old prosecutable as an adult in heinous cases using firearms (which this case was in both particulars) was also put on trial in the media.
In the end, justice for Larry King was not the goal of a chastised district attorney’s office. Assistant DA Mike Frawley said that they “took into consideration the time [McInerney would have to spend] in jail to protect the community.” McInerney’s murder conviction has been stayed, and he will be sentenced to 11 years for voluntary manslaugher, and 10 years for the use of a firearm. With the four years he has already served in jail, McInerney will serve 25 years total. Had the first-degree murder conviction been impose, he would have served 51 years. Now, the confessed murderer of a young gay boy will be out on the street by his 39th birthday, and the dubious “gay panic defense” receives new life in the American legal system.
Gay Tennessee Teen Takes His Life; Bullied To Death
Jacob Rogers, another gay teen hounded to death
Ashland City, Tennessee – Jacob Rogers, a teenager who cried out to his friend that no one listened to him, and that he was being constantly attacked for being gay, took his own life on Wednesday. Rogers had dropped out of school at Thanksgiving. He left notes and email passwords for his grandmother, who was his primary guardian, so that she and officials could understand why he took his life.
His friend, Kaelynn Mooningham, told WSMV News, “He started coming home his senior year saying ‘I don’t want to go back. Everyone is so mean. They call me a f****, they call me gay, a queer.'” Mooningham went on to say that her friend felt ignored and alone, in part because the school’s guidance counselors were unresponsive, and other school officials took no action. “Jacob told me no one was helping him,” she said. “He constantly was going to guidance.”
Other students confirmed Mooningham’s statements. They said that school officials knew some students were tormenting Jacob, but the took no steps to get it stopped. The school, on the other hand, says that all they knew about was an incident of harassment. The principal of the school said that they had no idea it had gotten out of hand. Friends and family find that hard to believe, however. The fact Jacob dropped out at Thanksgiving in his senior year should have been a red flag that something was going very wrong for him
Initially, there was insufficient money to hold a funeral for Jacob. Then a tattoo parlor started and fund, and news spread around the blogosphere about the need. Now two other funds at local banks have been opened for the funeral and other expenses, and well-known LGBT bloggers, Dan Savage, Andy Towle, and Joe Jervis have contributed. A candlelight vigil was held on December 8 at River Bluff Park. Box Turtle Bulletin listed ways others could help spot and prevent more suicides of LGBT Youth from happening. Jim Burroway says: “For more information on suicide prevention, research and help-seeking resources, see the American Foundation for Suicide Prevention (AFSP). If you or someone you know needs help, see The Trevor Project’s web site or call the Trevor Lifeline: 866-4-U-TREVOR (866-488-7386).”
High School Students Suspended for Roles in Rodenmeyer Bully-cide
Jamey Rodenmeyer,14, bullied by high school classmates
Williamsburg School District, New York – An unspecified number of North High School students have been suspended for bullying Jamey Rodenmeyer, who killed himself in September following unrelenting anti-gay harassment. The Advocate reports that the suspensions resulted from information shared by police after the Rodenmeyer case was closed. Though Amherst law enforcement authorities declined to bring charges against students in the case, they identified at least five incidents of anti-gay bullying aimed at Rodenmeyer, a 14-year-old freshman. The boy’s parents and school officers were not informed of the bullying incidents in question until it was too late.
School officials would not say the number of students suspended, but indicated that each of them faced a “minimum suspension” of at least five days. Longer term suspensions may have been invoked, as well, though expulsion from school is not permitted for youths of this age. These suspensions mark the second round of actions taken by the school system since Rodenmeyer’s death. A female student who said she was “glad he was dead” was suspended soon after the suicide. Rodenmeyer, whose “It Gets Better” YouTube video gained wide circulation and the attention of Lady Gaga, took his life by hanging on September 18.
Gay Hate Crimes in Puerto Rico? Not Any More?
Police view the corpse of murdered gay Puerto Rican, Ezequiel Crespo Hernández, in April 2011 (EDGE photo).
San Juan, Puerto Rico – Puerto Rico’s lawmakers are poised to remove LGBT people from hate crimes protection status with the stroke of a pen. Although at least 18 LGBT Puerto Ricans have been murdered in hate crimes since 2009, Edge Boston reports that the territory’s Senate passed a bill last month removing LGBT people from protected categories under the hate crimes law that has been on the books since 2004. The exclusion effort now goes on to the House of Representatives for a vote this week in a special legislative session called by Gov. Luis Fortuño.
Outraged by the increasing number of anti-gay hate crimes, local LGBT activists demanded investigations in June. The Advocate reports that the grisly murder and dismemberment of Jorge Steven López Mercado, a gay teen, ignited the protests that officials were not investigating anti-gay violence under the territory’s hate crimes law. Recently, the strangulation of gay Ezequiel Crespo Hernández, 22, on a public beach in Camuy, and a gas station assault on transgender woman Francheska González so brutal that it punctured her breast implant, intensified the call for justice to be done. Three more LGBT Puerto Ricans, Alejandro Torres Torres, Karlota Gómez Sánchez and Ramón “Moncho” Salgado, were also found dead within a three-day period in June. “It seems they have declared open hunting season against lesbian, gay, bisexual, transgender and transsexual people,” Pedro Julio Serrano, founder of the gay rights group Puerto Rico for Everyone, said to the Associated Press. In response to rising criticism, Puerto Rico’s Attorney General directed an investigation into the application of the hate crimes law. Opponents of the LGBT community responded by quietly acting to remove queer folk from the penal code’s protection.
The penal code revision is drawing criticism from legislators and activists alike. The Advocate says Representative Héctor Ferrer and Sen. Eduardo Bhatia are among the most outspoken critics of the change. Ferrer, speaking at a press conference on Sunday, said, “To eliminate these groups as protected categories is to invite the commission of hate crimes in Puerto Rico. It is a setback in the country’s public policy.” Bhatia added his voice, saying, “In an advanced society, this is dangerous for society.” After the proposed amendment removing LGBTs from hate crimes protection, the only categories of persons who would be protected by the law in Puerto Rico would be political affiliation, age, and disability.
Activist Serrano told EDGE, “Basically they took out the communities hardest hit by hate crimes in Puerto Rico out of the hate crimes statute,” Serrano told EDGE, referring the LGBT community and Dominicans who come to the island for work. “It’s an outrage and now we’re calling upon the House to restore this to where it should be.” Protests and marches against the provision are planned this week throughout island. Serrano, referring to adversaries of the LGBT community, added, “They’re trying to do it under the radar and that’s how it went for a while. Under our watch, we’re not going to let this happen.”
McInerney Pleads Guilty to 2nd-Degree Murder for Executing Larry King
Brandon McInerney executed his gay classmate in February 2008.
Ventura County, California – The teen killer of a gay classmate has pleaded guilty second-degree murder. Brandon McInerney, 17, 14-years-old at the time he pulled the trigger, shot gay 15-year-old Larry King in the back of the head execution-style at E.O Green Middle School in Oxnard, California in February 2008 before the eyes of his first-period classmates. The facts of the case are undisputed. Rising behind his victim, McInerney pumped two rounds into the back of Larry King’s skull, fulfilling a threat he made to a girlfriend at school the day before. McInerney will receive a 21-year sentence for a crime that many say bears all the hallmarks of a pre-meditated, first-degree hate crime murder.
In September of this year, a mistrial was declared after two months of testimony, due to the inability of the jury to come to a decision about the guilt of young McInerney. Prosecutors had argued for first-degree murder, based on the established pre-meditation and the heinous nature of the crime. Under California law, a 14-year-old may be tried as an adult, and McInerney, who confessed to the murder seemed to fit the statute’s requirements. Prosecutors claimed that because of McInerney’s antipathy toward King’s sexual orientation and gender expression, and because of white supremacist loyalties the killer clearly embraced, the murder was a clear-cut case of anti-LGBT hate crime. Defense turned the tables on the prosecution, putting the dead victim on trial instead of their client. They resurrected the infamous “gay panic/trans panic” defense, drumming their contention into the jurors’ minds that King was the prime aggressor, pressing his flamboyant sexuality toward McInerney until he “snapped.” Enough of the jury bought the ploy that the jury hung. Had the first-degree charge been upheld, the defendant would have received 53 years for his crime.
The Advocate reports that formal sentencing will take place for McInerney on December 19. Twenty-one years in prison is a long time for McInerney to consider that every day he lives is another he stole from a gay classmate because of his discomfort with a person who was different. For the LGBTQ community, the specter of the “gay panic defense,” like a hungry ghost, lingers on, given new energy by this plea deal.
Gay Men and Trans People in the Cross Hairs: Behind the FBI’s 2010 Hate Crimes Statistics
Washington, D.C. – Hate crimes statistics for 2010 are out from the Federal Bureau of Investigation. The good news is that, overall, the numbers of reported hate crimes last year held steady. The FBI report, accessible here, documents 6,624 single-bias incidents, which range from acts of vandalism to cold blooded murder. Four more incidents encompassed multiple-biases, making for a grand total of 6,628 incidents reflecting 7,699 offenses as reported voluntarily by law enforcement agencies around the nation. These data represent a serious undercount of the actual number of hate crimes perpetrated against Americans during the last year, since 1) reportage by local law enforcement is sheerly voluntary with no funding from the federal government to aid small jurisdictions to report, and 2) local law enforcement officials are often loathe to classify an incident as a hate crime because of a variety of reasons, such as how the community regards social groups and racial/sexual minorities.
Behind the statistics are the stories of flesh-and-blood victims and their families, and the news here is disturbing. 1,528 victims were targeted because of animus against sexual orientation. Of these, 57.3 percent of victims were gay males, and 11.9 percent were lesbians. The numbers of violent attacks against transgender people are fragmentary at this point, since statistics of this particularly vulnerable group have only been recorded by the FBI since the Matthew Shepard-James Byrd Jr. Hate Crimes Prevention Act was signed into law by President Obama in October 2009. But the news of brutalities against transgender people, especially transgender women of color, is alarming. GLAAD reports that, of the people murdered for sexual orientation and gender identity and expression bias, 70 percent were persons of color, and 44 percent were transgender women [NCAVP figures]. Though suicides of LGBTQ teens due to homophobic and transphobic bullying in schools have captured the headlines repeatedly since 2010 began, no separate FBI statistical category yet exists for the collection of these data.
In the recent Civil Rights Conference on Hate Crimes at the University of Texas at Arlington, Assistant Attorney General Thomas Perez declared in his keynote address, “We are experiencing a headwind of hatred and intolerance in the United States.” FBI Special Agents appealed to local law enforcement, U.S. Attorney officials, and leaders from the North Texas LGBTQ community to co-operate in the reporting of hate crimes, underlining the difficulty feds are experiencing amassing accurate data. In its 2010 report, the National Coalition of Anti-Violence Programs (NCAVP), widely held to offer more accurate statistics on anti-LGBT hate crimes than the FBI, noted a 13 percent rise in homophobic and transphobic violence from 2009 to 2010, and a 23 percent rise in the murders of LGBTQ people.
Matthew Wayne Shepard: Honor and Educate in His Memory
Thank you to the Sacramento Gay and Lesbian Center. Never forget!
Laramie, Wyoming – Wednesday, October 12 will be the thirteenth anniversary of America’s archetypal gay hate crimes victim. Matthew Shepard was brutally attacked and beaten into a coma by two locals who targeted him for abduction, robbery, and murder at the Fireside Lounge on the night of October 7, 1998. They left him trussed to the base of a buck fence, exposed to the freezing cold after stealing his shoes. When Matt was discovered the next day by a passing mountain biker, he was so brutally disfigured that his discoverer at first assumed what he was looking at was a broken down scarecrow that had been put out for Hallowe’en. Matt’s injuries were too severe to be treated at the local hospital emergency room, so he was transported to Fort Collins in neighboring Colorado where a state of the art trauma center fought to save his life. For five agonizing days, Matt lay close to death with an injured brain stem–a terrible wound from which he could never recover. His family, mother Judy, father Dennis, and younger brother Logan stood vigil beside him while the life force ebbed.
For thirteen years, Matt’s memory has been honored, invoked, and ridiculed by a nation wrestling with heterosexism, homophobia, and transphobia–a culture of anti-LGBTQ violence that has claimed the lives of over 13,000 queer folk whom we know about (and God knows how many others whose murders have never been reported to anyone keeping records). Nothing will ever bring any of them back to us. They are gone, but to memory.
Those of us who labor for the better angels of our national character to emerge have a responsibility to remember Matt and all the rest, to honor them by never forgetting the cost of being sexually different in these United States, and to take up the mission of educating the LGBTQ community and the general public that difference of any kind is no warrant for ignorance,prejudice, and violence, but rather is an occasion for understanding and neighborly solidarity. The anniversary of Matt’s untimely death is a good time to erase hatred from the American psyche.
In that spirit, I offer this short excerpt from “The Second Death of Matthew Shepard,” Chapter One of my recently published book, Unfinished Lives: Reviving the Memories of LGBTQ Hate Crimes Victims:
“Matt Shepard died in a Fort Collins, Colorado hospital in the wee hours of October 12, 1998 with his parents by his side. Ironically, it was the day after America’s observance of National Coming Out Day. His team of doctors and nurses, professional as they were, could not undo what hate had done to Matt. He never woke up from his coma. His heart gave out. The ventilator switched off, and Matt was gone. Our memory of him,however, cannot rest in peace. Not yet” (page 3).
Our memory of all the dead whose “unfinished lives” calls out to us to do the work of justice. May Matt and the 13,000 rest in peace. God being our strength, we must not. Grace and peace to all on this National Coming Out Day 2011. ~ Stephen V. Sprinkle
Larry King’s Killer to be Retried in California; Hate Charges Dropped
Brandon McInerney to be retried for the murder of gay classmate, Larry King
Ventura County, California – Prosecutors announced on Wednesday they would retry teen Brandon McInerney for the execution-style murder of his gay classmate, Lawrence Fobes “Larry” King in adult court. This time, however, all hate crimes charges are being dropped. Maeve Fox, chief prosecutor in the case, said that the trial would begin on November 21 in Ventura County Superior Court. KABC in Los Angeles reports that defense attorneys for McInterney hope the case will be settled by plea bargain before the trial begins.
A mistrial was declared on September 2 when the nine-woman, three man jury in Chatsworth could not agree on a verdict. Some jurors have contended that McInerney, who was 14 at the time of the shooting, should never have been tried as an adult. They also have said they were not convinced by the prosecution that white supremacist, anti-gay prejudice led McInerney to kill his gender variant classmate, whom McInerney knew as “the little fag.” The defense successfully used a version of the outworn “gay panic defense” to switch sympathies of the jury and the public in the case, putting Larry King’s dress and habits on trial at least as much as the criminal act of their client, the brutal in-class shooting. Defense has consistently denied using the gay panic defense, and just has consistently employed it to insinuate that their client’s actions were mitigated by the intimidation he felt coming from a smaller, bullied gay teen.
In order to get a conviction, the prosecution has deleted all hate crimes charges, raising the ire of LGBTQ rights advocates around the nation. Once again, a courtroom in Southern California will be the arena for the validity of the gay panic defense in the most notorious anti-gay hate crime since the murder of Matthew Shepard in 1998.
Harass Gays at Your Own Peril in New Jersey
Douglas Brown (Essex County Prosecutor's Office photo)
Newark, New Jersey – A 36-year-old harasser in Essex County found out the hard way that attacking gay people is costly–to himself! Douglas Brown started harassing his former gay neighbors in the Ironbound section of Newark back in May–chanting slurs and epithets, spewing hate speech. Unsatisfied with the results, Brown escalated his aggression against the couple, pouring oil on their home, destroying their property, and eventually slashing their car tires. Brown was arrested on Thursday, and faces harassment, bias intimidation, and criminal mischief charges, according to reports by the Associated Press, The Advocate, and NBC New York. Brown obviously never counted the cost of his bias against his next door neighbors, acting on it with abandon until his arrest. He is being held under $25,000 bond at the Essex County Correctional Facility. Acting Essex County Prosecutor Carolyn Murray is preparing to prosecute Brown for anti-gay hate crime. There is no information yet about who Brown’s attorney will be. In the Brick City, once notorious for the 2003 hate murder of lesbian teen Sakia LaTona Gunn, the times appear to be a-changing. Attacking gay people in Newark will now get you prosecuted to the full extent of the law.
Heartbroken 14-year-old Gay Youth Tormented to Death
Amherst, New York – Jamey Rodenmeyer wrote Lady Gaga lyrics on his Facebook page the weekend before he took his own life: “Don’t forget me when I come crying to heaven’s door.” The quotation is from “The Queen,” a song included on Lady Gaga’s hit album, “Born This Way.” The 14-year-old Williamsville North High student suffered unrelenting taunting and cyberbullying for being gay. Though he was in counseling with a therapist and a social worker, and was supported by his parents and a host of fans around the country due to his YouTube video for the “It Gets Better” project, the cumulative effect of psychic trauma and fear of violence broke down young Rodenmeyer’s defenses. His parents, who found Jamey’s body outside their home on September 19, told WGRZ Buffalo that they are certain he killed himself because of the bullying. Rodenmeyer’s suicide immediately rekindled nationwide concern and anger over the culture of violence elementary, middle, and secondary school LGBTQ students face in and out of classrooms every day. Lady Gaga called for a campaign to make bullycide a hate crime by law (no bullying laws exist in New York State). An outspoken advocate for the gay and lesbian community, Gaga tweeted her fans: “Jamey Rodemeyer, 14 yrs old, took his life because of bullying. Bullying must become be illegal. It is a hate crime.” She then committed herself to approach President Obama. “I am meeting with our President,” she posted. “I will not stop fighting. This must end. Our generation has the power to end it. Trend it #MakeALawForJamey.” Dan Savage, the co-originator of the “It Gets Better” project for which Rodemeyer made a video last May, said that he broke down and cried when he heard about the youth’s suicide. Savage wrote on his blog, “The point of the ‘It Gets Better’ project is to give kids like Jamey Rodemeyer hope for their futures. But sometimes hope isn’t enough. Sometimes the damage done by hate and by haters is simply too great. Sometimes the future seems too remote. And those are the times our hearts break.”
The insults, rumors, and ridicule became too much for Jamey to bear. On a Formspring site he opened to chat with friends online, he was targeted by irrational hate. The Washington Post reports two representative instances of hate speech that would have unsettled anyone, no matter how well grounded: “JAMIE IS STUPID, GAY, FAT ANND UGLY. HE MUST DIE!” an anonymous detractor wrote. Another went straight for his heart: “I wouldn’t care if you died. No one would. So just do it 🙂 It would make everyone WAY more happier!” Even though there were expressions of support among the posts to his site, the loudness of the hate drowned out the love. In hindsight, Jamey’s cries for help are all too obvious. On September 9, he wrote on Facebook, “I always say how bullied I am, but no one listens. … What do I have to do so people will listen to me? No one in my school cares about preventing suicide, while you’re the ones calling me [gay slur] and tearing me down.” But the face he let his parents see was calm and relatively upbeat. Just days before he took his own life, the family went on a camping trip.
Amherst Police are investigating whether charges may be brought against youths who continually dogged Rodenmeyer with taunts and slurs. Buffalo News reports that the Special Victims Unit has been assigned to investigate whether crimes were committed against Jamey. Cyberbullying, especially if it was centered on Rodenmeyer’s sexual orientation, could carry charges against his tormentors. Police spokesmen have said that they are focusing their probe on one to three young harassers who targeted Rodenmeyer ever since he was a student at Heim Middle School. “We’re looking into it to see if he was the victim of any crimes, and that’s the bottom line,” Amherst Chief of Police John C. Askey told reporters. “We’re going to be speaking to school officials and students and anyone with direct information about crimes that may have been committed against this individual.”
Nearly 5,000 youths commit suicide each year, according the Centers for Disease Control, making teen suicide, especially teen LGBTQ suicide, a national health issue. But the statistics cannot adequately count the cost of bullying in American society. Criminal harassment, ridicule, and threats strike real boys and girls one-by-one, like Jamey Rodenmeyer, and rip away their futures. In the last communication of his short life, Jamey tweeted Lady Gaga, “@ladygaga bye mother monster thank you for all you have done, paws up forever.” In a tribute to Gaga, Jamey’s parents buried him Saturday wearing his “Born This Way” tee shirt.
About
If you are a first-time visitor to the Unfinished Lives Project website, we invite you to read A Welcome Message introducing you to our project. We are truly grateful for your visit.
The Unfinished Lives Project website is a place of public discourse which remembers and honors LGBTQ hate crime victims, while also revealing the reality of unseen violence perpetrated against people whose only “offense” is their sexual orientation, gender identity, or gender presentation. LGBTQ people in the United States are suffering a slow-rolling decimation of terror and murder all across the country. Every locale and demographic of society are affected: First Nations, Anglo, Black, Latino and Latina, South and Southeast Asian, Transgender, Bisexuals, Gay men, Lesbians, disabled, young, and mature. Homophobia has a long, crooked arm, and it is reaching out to snatch the life away from women and men whose tragic stories are under-reported to begin with, and whose memories are swiftly forgotten.
The horror of these killings transcends the shock and bereavement of loved ones and friends. These are not typical homicides; they are not killings for money or drugs, incidents of domestic strife, or crimes of passion. The vicious nature of hate crimes against LGBTQ persons is extremely brutal, grotesquely violent, and egregiously hateful.
Each murder serves the LGBTQ population as a sobering warning about the actual level of danger in our communities. The message these killings send is that freedom and open life for LGBTQ people is a cruel dream. Every time we remember one of these victims, however, the intentions of their killers are frustrated. To remember these women and men is to begin the process of changing the culture that killed them.
Our Project Director
Dr. Stephen V. Sprinkle (Keith Tew photo).
Stephen V. Sprinkle is Director of Field Education and Supervised Ministry, and Professor of Practical Theology at Brite Divinity School, Fort Worth, Texas, a post he has held since 1994. An ordained Baptist minister, he is the first open and out Gay scholar in the history of the Divinity School, and the first open and out LGBTQ person to be tenured there. Read More…
Recent Social Justice Advocacy Activity By Dr. Sprinkle
Summer 2009 – Dr. Sprinkle responded to the Fort Worth Police Department and Texas Alcoholic Beverage Commission Raid on the Rainbow Lounge, Fort Worth’s newest gay bar, on June 28, 2009, the exact 40th Anniversary of the Stonewall Rebellion. Dr. Sprinkle was invited to speak at three protest events sponsored by Queer LiberAction of Dallas. Here, he is keynoting the Rainbow Lounge Protest at the Tarrant County Courthouse on July 12, 2009. Read More…
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Dr. Sprinkle has given his Unfinished Lives presentation to these and other community groups and organizations. Read More…
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Steve Sprinkle
Unfinished Lives: Remembering LGBT Hate Crime VictimsBrite Divinity School/Texas Christian UniversityFort Worth TXprofessor, minister, author, blogger, LGBTQ advocate
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