2.01 (West 2003); Ward v. State, 143 S.W.3d 271, 274 (Tex.App.-Waco 2004, pet. As appellant acknowledged, this was a Web site which is open to any user of the Internet. State's Exhibits 623 through 724 were copies of images and stories that Detective Rector, with a lab computer, recreated from the Web site necrobabes.com using information from the Internet history of appellant's computer as to when appellant accessed the Web site. Coffin v. State, 885 S.W.2d 140, 149 (Tex.Crim.App.1994). The Due Process Clause of the Fourteenth Amendment to the United States Constitution requires every state criminal conviction to be supported by evidence that a rational trier of fact could accept as sufficient to prove all the elements of the offense charged beyond a reasonable doubt. No zip ties were found on the body or in the house. Powered by WordPress.com VIP. Matson v. State, 819 S.W.2d 839, 846 (Tex.Crim.App.1991); Roberson v. State, 16 S.W.3d 156, 165 (Tex.App.-Austin 2000, pet. Dateline: Diane Holik's Murderer Patrick Russo Had $1,796 In Bank Later, Cranford described the incident to a friend, who subsequently called her and asked her to look at a composite drawing in the newspaper and the accompanying story. Conner, 67 S.W.3d at 197. >> we said his name came up in an investigation in austin and told his wife these things will happen from time to time because he is a convict and out on parole and not to worry that he would be back in a Also known as Tony A Russo. Diane Holik listed her Austin, TX home for sale in 2001 and eagerly awaited a buyer, but found something far worse: a fetisher. Later, she met her future fiance through a dating service. Evidence of other crimes, wrongs or acts is not admissible to prove the character of a person in order to show action in conformity therewith. Dateline Episode Trailer: After the Storm | Dateline NBC, When a beautiful woman is strangled to death in her large upscale Austin, Texas home, police look at the men in the victims life, while also considering that a stranger may have killed her. A Storm Reveals A Murder A composite drawing of the man was prepared by an artist with directions from one of the homeowners. 402. Diane Holik, Patrick Anthony Russo: 'Dateline NBC'-'Erotic Horror He stopped opening picture files and obtained a second search warrant that allowed him to specifically search for child pornography. Appellant stated that the house was beautiful and that he was going to be selling a ranch and would be paying cash for a house. 1801, 114 L.Ed.2d 297 (1991). In a search for tangible documents, it is certain that some innocuous documents will be examined, at least cursorily, in order to determine whether they are, in fact, among those papers authorized to be searched. Appellant was shown to have visited the homes of Thoom Zech and Lisa Faulkner twice on November 15, 2006, as he may have done at the victim's home. Dateline NBC Turns 25 and Keith Morrison Explains Why the Show Has Endured https://t.co/FhRg1Pcx4w pic.twitter.com/GknSYaZil8, Parade Mag (@ParadeMagazine) September 23, 2016. The person will play out the fantasies, searching out potential victims. Herrin v. State, 125 S.W.3d 436, 441 (Tex.Crim.App.2002); McDuff v. State, 939 S.W.2d 607, 614 (Tex.Crim.App.1997); Rabbani v. State, 847 S.W.2d 555, 558-59 (Tex.Crim.App.1992); Fuller v. State, 827 S.W.2d 919, 931 (Tex.Crim.App.1992); Kitchens v. State, 823 S.W.2d 256, 257-58 (Tex.Crim.App.1991). ref'd); 1 Steven Goode, Olin Guy Wellborn, III & M. Michael Sharlot, Texas Practice: Guide to the Texas Rules of Evidence 401.3 (2d ed.2002). The Web site was accessed or visited by appellant's computer in the month prior to the victim's murder, including on November 13, 2001, two days before the offense occurred. the nissan rogue, murano and pathfinder. 403. He compared the samples with known DNA samples from the victim, the appellant, the victim's fianc, and a male coworker. They were engaged within two months of knowing each other. Dateline NBC : WTMJ : September 23, 2016 8:00pm-10:00pm CDT : Free 19.03(a)(2) (West Supp.2006).1 A jury found appellant guilty of capital murder. @DatelineNBC https://t.co/JEoZIjMREd, Robert Maxwell (@RMaxwellKXAN) September 22, 2016. They were engaged within two months of knowing each other. Evid. In capital murder offenses committed during the course of a robbery, see Tex. Evid. The Texas lawmakers said the site of smiling inmates leading others in prayer moved them and helped bring the program to Texas. Tex.R. The court rejected the defendant's argument of exploratory rummaging, Id. Anthony Russo. Nonetheless, the fresh insight about this case is still to be uncovered. P. 33.1(a). Armed with yet another search warrant, granted on November 18, 2003, Rector did a more complete search of the computer for "information pertaining to death by asphyxiation." Russo claims the court violated his right to due process including admitting evidence beyond the scope of the search warrant (nude photos from necrobabes which were not found on his computer), among other things. Holik's wrists had been bound, and there were marks around her neck indicating strangulation by ligature, meaning a garrote such as a cord or rope. During the autopsy, police officers collected biological evidence from the victim's left hand. Patrick Russo, 40, a part-time music minister, was convicted of capital murder Feb. 20 by a Travis County jury. Sign Up. ref'd). 6. Collectively, Saturday's graduates earned a 3.7 grade-point average in the program. at 1351; see also Franklin v. State, 858 S.W.2d 537, 543-44 (Tex.App.-Beaumont 1993, no pet.). But just as things were looking up for her, tragedy wasnt far behind. Proof of a completed theft is not even required. Wiki, Biography, Age, Spouse, Net Worth, Fast Facts, Who is Nane Avetisyan? Its literally going to change the culture. The court pointed out that in a search for records and documents, innocuous records must be examined to determine whether they fall in the category of those papers covered by the search warrant. Id. Appellant received approximately $50.00 a week for his work at the church. This information was given to the police after November 15, 2001. 301, 304 (Pa.1926) (on morning of her death, victim told fellow passenger on train that she was going to meet defendant that evening). Click here to read about the details of Russos search warrant. See Conner v. State, 67 S.W.3d 192, 197 (Tex.Crim.App.2001); Dewberry v. State, 4 S.W.3d 735, 740(Tex.Crim.App.1999); Garcia v. State, 919 S.W.2d 370, 378 (Tex.Crim.App.1994); Johnson v. State, 871 S.W.2d 183, 186 (Tex.Crim.App.1993). The man told some that he would return with his wife on the weekend to see the house, that he had recently sold a ranch or some property, and that he would be paying cash. The indentations appeared to have been made by plastic zip ties or flex-cuffs once used by police to bind prisoners' wrists together. (3)Then Existing Mental Emotional or Physical Condition. Posted By : / yamaha fg series history / Under : . Offers may be subject to change without notice. Patrick Russo, Texas (47 matches): Phone Number, Email, Address - Spokeo P. 33.1. In evaluating the trial court's determination under Rule 403, a reviewing court is to reverse the trial court's judgment rarely and only after a clear abuse of discretion, recognizing that the court below is in a superior position to gauge the impact of the relevant evidence. patrick anthony russo datelinehow does khalil explain thug life. Jackson v. Virginia, 443 U.S. 307, 319, 99 S.Ct. Barajas's testimony that she telephoned and finally contacted Holik on November 15, 2001, and that Holik simply gave an explanation for the delay (without more) is not hearsay. After being let into the house by a neighbor, the police found a fully clothed body in an upstairs bedroom. Barajas testified that she warned Holik not to let strangers in her home when she was alone. Dogs inside the house appeared to have left fecal matter on the carpet, indicating that they had been confined for some time. We shall consider the issue presented. at 1147, and held the search constitutional because, unlike Carey, the searching officers were at all times searching for child pornography-the object of the search warrant-and never abandoned the authorized search. At some point, Rector was able to parse the Internet history relating to "Necrobabes.com" and determine the dates and times on which the computer had accessed the "Necrobabes.com" Web site on the Internet. 22. Ann. When Deem opened a JPG file, he viewed an image that he believed to be child pornography. Tex.R. All Rights Reserved. We need not repeat the applicable authorities cited in our discussion under the fifth point of error. Appellant overlooks the fact that at no time did he advance any relevancy objection at trial as required. 403. Decided: June 07, 2007 Before Chief Justice LAW, Justices PURYEAR and ONION. We conclude that the trial court did not abuse its discretion under Rule 803(3) in admitting the statements concerning Holik's plan and intent to meet the man on the following Saturday. Cranford was close to him. As the evidence is legally sufficient to support the theory of murder committed in the course of robbery, we need not address the second point of error. See Murray v. United States, 487 U.S. 533, 541-44, 108 S.Ct. We do not reach the second point of error claiming legal insufficiency of the evidence to establish that the murder occurred in the course of a kidnapping. The man gave different names to some of the homeowners. Rule 401 provides:Relevant evidence means evidence having any tendency to make the existence of any fact that is of consequence to the determination of the action more probable or less probable than it would be without evidence.Tex.R. Thus, there was no probative evidence of an intent to rob. The mothers name is Not Available. ref'd)). Patrick Anthony Profiles | Facebook Harmond v. State, 960 S.W.2d 404, 406 (Tex.App.-Houston [1st Dist.] Id. During the murder investigation, authorities learned that a strange man with a van had stopped by Diane Holiks place to inquire about the sale of her home. Cloudflare Ray ID: 7a2ab1842cc41cc8 A jewelry box, which contained a substantial amount of jewelry, including some very expensive pieces, was missing from the master bedroom. In the early morning hours of November 21, 2001, police officers executed a search warrant at appellant's Bastrop home. His search was broadened to consider the Internet history, searching for documents relating to real estate, including Web pages. While the title appeared suspiciously suggestive and implicitly of a sexual nature, it did not appear to be criminal or of an incriminating character in and of itself. Penal Code Ann. Patrick Anthony Russo is serving a life sentence for the 2001 murder of 42-year-old Diane Holik. This week Six Degrees of Murder looks at the . Watson v. State, 204 S.W.3d 404, 414-15 (Tex.Crim.App.2006) (reclarifying Clewis and overruling Zuniga v. State, 144 S.W.3d 477 (Tex.Crim.App.2004), to the extent of any conflict); see also Marshall v. State, 210 S.W.3d 618, 626 (Tex.Crim.App.2006). Mozon v. State, 991 S.W.2d 841, 847 (Tex.Crim.App.1999) (quoting Montgomery, 810 S.W.2d at 389). Each membership was paid with a credit card traced to appellant. Copyright 2023 The Inquisitr. In the first and second points, appellant challenges the legal sufficiency of the evidence to establish that the murder was committed in the course of a robbery or in the course of a kidnapping. He was indicted in May 2002. While the police turned to independent sources to determine the nature of necrobabes.com, the State argues that the search of the computer for home sales in the Austin area-the object of the June 18th search warrant-continued as evidenced by exhibits later introduced into evidence without objection. In Campos, the officers learned that the defendant had transmitted two images of child pornography from his computer. Rector recovered two hours, thirty-six minutes, and fifty-five seconds of Internet history of the necrobabes.com Web site. On the second occasion, Ramirez noted the license plate of the Ford minivan that appellant was driving. Brown, 552 F.Supp. The computers Internet history made reference to a Web site named necrobabes.com, which was later determined to be an asphyxiation-type pornographic Web site. In Fain v. State, 986 S.W.2d 666, 680 (Tex.App.-Austin 1998, pet. Appellant told her that he would pay cash, that he had just sold a ranch, and that he needed to buy quickly. (In cases of ligature homicide, blood flow to the brain is blocked and consciousness is lost in 10 to 15 seconds.). Some of these exhibits were introduced into evidence. Cain v. State, 958 S.W.2d 404, 407 (Tex.Crim.App.1997). He was able to view for free the introductory screens, photographs, and stories pertaining to the death of women by strangulation. It may, however, be admissible for other purposes, such as proof of motive, opportunity, intent, preparation, plan, knowledge, identity, or absence of mistake or accident, provided that upon timely request by the accused in a criminal case, reasonable notice is given in advance of trial of intent to introduce in the State's case-in-chief such evidence other than that arising in the same transaction.Tex.R. In Brown, a maintenance worker at an apartment building was convicted of murdering a tenant's live-in girlfriend, Shelby Weinstein. "Tony Russo" whose real name is Patrick Anthony Russo has been confirmed that he brutally murdered Diane Holik at her Home. In this point of error, appellant does not claim that he was not identified, by direct or circumstantial evidence, as the individual involved in the encounters with the female homeowners or realtors. That includes some who will spend the rest of their lives behind bars. college algebra cheat sheet pdf. [Featured Image by Jason Hunter, Watertown Daily Times, Pool/AP Images] Advertisement Latest #metoo News and Updates Appellant appeared broken and downcast when making his statements. Tammy Cranford identified appellant as the man who came to her home at 4505 Tello Path in south Austin about 1:30 p.m. in early November 2001. In assaying all the evidence under the Jackson standard of review, a reviewing court must consider all evidence, rightly or wrongly admitted, that the trier of fact was permitted to consider. The index.dat files reflect the computer's Internet history but do not contain any Web pages and images. See Rabbani v. State, 847 S.W.2d 555, 560 (Tex.Crim.App.1992); Anderson v. State, 15 S.W.3d 177, 183 (Tex.App.-Texarkana 2000, no pet.). Dianes neighbor, who was also her realtor, let them in. On 9 Mar 2014 @rachelmvg tweeted: ""A haunted place, some said - or perhaps.." - read what others are saying and join the conversation. 1998, no. patrick anthony russo dateline - anothertallblonde.ca Dr. Coons was presented with a hypothetical scenario based on the evidence admitted at trial (except evidence of robbery). Who Is Lawyer Robert Lewis on Blue Bloods? There are several actions that could trigger this block including submitting a certain word or phrase, a SQL command or malformed data. Medina v. State, 7 S.W.3d 633, 643 (Tex.Crim.App.1999). Log in or sign up for Facebook to connect with friends, family and people you know. Evid. Proximity in time and place may be a factor, but it must be considered along with other facts and circumstances. By James Wray. She jotted down the license plate numbers when she recognized him from the police composite sketch. At the hearing, appellant agreed that Barajas's warning to Holik was not hearsay and expressly stated that he had no objection to the testimony about Holik's recovery of her ring or rings. Barnes v. State, 62 S.W.3d 288, 297 (Tex.App.-Austin 2001, pet. Bustamante v. State, 106 S.W.3d 738, 740 (Tex.Crim.App.2003); Maldonado, 998 S.W.2d at 243. document.getElementById("ak_js_1").setAttribute("value",(new Date()).getTime()), Who is Kim Pauckner? Dr. Coons's expert opinion was that the facts given to him showed a motive of sexual gratification through ligature strangulation. Such motive is not inconsistent with evidence of intent to commit robbery during the same incident where the intent to rob is timely formed. On the morning of November 16, 2001, Diane missed a scheduled work call. Keeping in mind that appellant does not challenge the legal sufficiency of the evidence to support the murder portion of the charged offense, we examine the challenged portion. On this latter date, she took note of the license plate number on his van. Zimmerman v. State, 860 S.W.2d 89, 93 (Tex.Crim.App.1993). There were no signs of forced entry, and the lower floor seemed normal. Dr. Elizabeth Peacock, deputy medical examiner, performed the autopsy and determined the cause of death to be homicide by ligature strangulation. Many neighbors and family members detailed that a man came on November 15 needing to buy their property. Rule 404(b) provides:(b)Other Crimes, Wrongs or Acts. Diane was a New York native who moved around the country a lot, thanks to her work. King v. State, 29 S.W.3d 556, 562 (Tex.Crim.App.2000); Rodriguez v. State, 939 S.W.2d 211, 218 (Tex.App.-Austin 1997, no pet.). While the police turned to independent sources to determine the nature of "Necrobabes.com," the State argues that the search of the computer for home sales in the Austin area--the object of the June 18 search warrant--continued as evidenced by exhibits later introduced into evidence without objection. Through irrefutable scientific evidence, the police were able to bring the culprit to justice. He further complains that the testimony provided by Tammy Tayman and Holly Dittart are based on contact with appellant, alleged to have occurred in August 2001. What happened, according to court documents: A trial court's evidentiary ruling on a hearsay objection must be upheld absent an abuse of discretion. M. Scott Taliaferro, Assistant District Atty., Austin, for appellee. One woman called to say that a man who looked similar to the sketch had come by her house earlier with the same excuse as the others mentioned. Almost more than five years ago Diane Holik was brutally murdered in her own Home in Austin Texas by Patrick Anthony "Tony Russo". Any such contention is inadequately briefed. A jewelry box, a key string, and a necklace that had been attached to a charm were missing. 401.Rule 402provides:All relevant evidence is admissible, except as otherwise provided by Constitution, by statute, by these rules, or by other rules prescribed pursuant to statutory authority. Christine Choate, one of the homeowners and also a realtor, testified that appellant came to her Great Hills home on November 15, 2001, between 3:00 and 3:30 p.m. and identified himself as Walter Miller. Appellant appeared nervous and was sweating. Id.19. Moreover, there is no Fourth Amendment protection against the disclosure of subscriber information by Internet service providers. Thomas K. Clancy, The Fourth Amendment Aspects of Computer Searches and Seizures: A Perspective and a Primer. It is not an element of any crime, but evidence of motive is generally admissible because it is relevant as a circumstance tending to prove guilt. Appellant simply asserts that because the encounters occurred either six months or three months before the offense on November 15, 2001, the evidence is too remote to be relevant and should not have been admitted. McFarland v. State, 845 S.W.2d 824, 837 (Tex.Crim.App.1992). As earlier noted in the discussion of the fifth point of error, a general relevancy objection does not preserve an extraneous-offense claim under Rule 404(b) of the Texas Rules of Evidence. When offered, appellant's counsel responded: Subject to the previous rulings of the court, your Honor. The rulings were not identified, and the exhibit was admitted into evidence. Marjorie Kamys Cotera Patrick Anthony Russo of Texas is one of the 33 graduates of the prison seminary. P. 38.1; Hankins v. State, 132 S.W.3d 380, 385 (Tex.Crim.App.2004). On Thursday, November 15, 2001, after some difficulty in reaching Holik that morning for their weekly conference, Barajas talked to Holik in her home on the phone about 12:45 p.m. Austin time. Diane Holik murder by NecroBabes.com fan Patrick Anthony Russo on Six The Tenth Circuit clarified and expanded its Carey decision in United States v. Campos, 221 F.3d 1143 (10th Cir.2000), and United States v. Walser, 275 F.3d 981 (10th Cir.2001). Tex.R. DNA evidence found at the scene also tied Patrick Anthony Russo to the murder of Diane Holik. The file in question was not seized or opened. The rationale for the present sense impression exception to the hearsay rule is that (1) the report at the moment of the thing then seen or heard is safe from any error from defect of memory of the declarant, and (2) there is little or no time for a calculated misstatement. Diane Holik, Patrick Anthony Russo: 'Dateline NBC'--'Erotic Horror Patrick Anthony Russo, Diane Holik's Killer: 5 Fast Facts - Heavy.com Pastor Jim Fox later said that Russo came by his house and discussed the interrogation--saying he was likely going to be arrested for murder and theft of jewelry. See Tex.R. The evidence shows that appellant and his wife had a $199,000 mortgage on their trailer home in Bastrop.4. Dateline: Tony Russo Murderer Today - Diane Holik Murder Update - ZGR.net A homeowner from another subdivision saw the drawing in the newspaper and called the police. Id. Cranford invited him into the house. On November 18, 2003, a second search warrant was issued, that authorized the search of the hard drive of appellant's computer for [i]nformation pertaining to death by asphyxiation as well as other information and photos and text from the Web site named necrobabes.com., Joseph Schwaleberg, the record custodian of Generic Systems, a billing company that controlled access to the necrobabes.com Web site, testified that a Tony Russo with the same home and e-mail address as appellant purchased a six-month membership on July 21, 2001. at 527. Akia's family became alarmed when the 21-year-old failed to show up to her own baby shower on May 3. Tex.R. 17. This exhibit is not before us for consideration of its relevancy. Patrick had a long criminal history. Matamoros v. State, 901 S.W.2d 470, 474 (Tex.Crim.App.1995); Brewer v. State, 126 S.W.3d 295, 297 (Tex.App.-Beaumont 2004, pet. Several of the witnesses described a vehicle nearby at the time as similar to the champagne or tan-colored van shown to have been driven by appellant. Cranford left the room and appellant stayed behind. The van was parked in such a manner that Hebner thought that a potential buyer was there. Copyright 2023, Thomson Reuters. Would love your thoughts, please comment. All he wanted to do at that point was to preview the house so that he could come with his wife later to see it again. Holik's neck bore the marks of a ligature, which was never found. Barajas warned Holik that she should not let strangers into her home when she was alone. at 984-85. And, with the engagement ring aside, appellant questions the credibility of the testimony concerning the other missing jewelry. at 1270. Includes . Patrick Russo in Texas. Russo was once arrested for burglary and the kidnapping of a woman. In Hall v. State, 970 S.W.2d 137, 141 (Tex.App.-Amarillo 1998, pet. He even spent time in jail for choking a woman. The death of Diane Holik sparked fear in local real estate agents, who believed that they could be the next victim. Patrick Anthony Russo of Texas is one of the 33 graduates of the prison seminary program at the Darrington Unit prison in Brazoria County. See Tex.R. The email address cannot be subscribed. (statement to neighbor who lived less than one minute away that particular man was in declarant's apartment was made immediately thereafter.23 A functional test should be applied, i.e., whether the proximity in time is sufficient to reduce the hearsay danger of faulty memory and insincerity. Goode, 803.2 (citing Beauchamp v. State, 870 S.W.2d 649, 653 (Tex.App.-El Paso 1994, pet. Police Blotter: Necrobabes.com leads to murder conviction But the married, part-time worship leader had just $1,796.19 in the bankat the time of Holiks murder. Log In. Appellant's DNA was found on Holik's left hand, where engagement rings are worn. Many of the homeowner-witnesses were able to identify appellant as the man who came to their homes, wanting to see the house or a floor plan, saying that he would be a cash buyer, having just sold a ranch, rejecting the idea of contacting a realtor, and frequently saying that he would return with his wife on the weekend. On October 29, 2003, during a separate pretrial hearing, the written objections were mentioned. The seventh point of error is overruled. 03-04-00344-CR. Id. Fortunately, one of those homeowners was perturbed after her encounter with him, and wrote down his license plate number after realizing that he looked like the man in the polices composite drawing. He was not permitted entry and rejected statements suggesting that he contact his realtor. Works at . The file contained an image of child pornography. 1 A jury found appellant guilty of capital murder. After the initial discovery, and without obtaining a new warrant, the detective abandoned the search for drug trafficking evidence, and proceeded instead to download and view over 200 similarly labeled JPG files in a successful search for further images of child pornography. 19.03(a)(2), the legal and factual sufficiency standards apply to both the charged and underlying offenses. Holik was engaged to be married and planned to move to Houston where her fianc lived. Mental culpability is of such a nature that it generally must be inferred from the circumstances under which the prohibited act occurred. Lucien Joseph Parker, Tommy Quinones, and Raymond Ramirez, members of the prison seminary's first graduating class, line up inside the Darrington prison chapel to receive their diplomas. The trial court was careful to eliminate images of unrelated sexual activity and nudity, leaving only those images showing ligature and manual strangulation of women and other items pertinent to this circumstantial evidence case where a woman was strangled in her own home. #Datelinerocks hashtag on Twitter The court further found that even though there may have been less invasive ways of conducting the search, the resolution of the suppression issue does not turn on whether [the officer] conducted the most technically advanced search possible, but on whether the search was reasonable. Gray, 78 F.Supp.2d at 529 n. 8. ref'd), Torres v. State, 794 S.W.2d 596, 599-600 (Tex.App.-Austin 1990, no pet.)). No such references were found. Appellant inquired whether the dog would calm down if petted. 1068, 25 L.Ed.2d 368 (1970); Fisher v. State, 851 S.W.2d 298, 302 (Tex.Crim.App.1993); see also Tex. He qualified as an expert witness for the State. The jury is the sole judge of the facts, the credibility of the witnesses, and the weight to be given the evidence. More than 136 such documents in the temporary Internet files folder were located. In his eighth point of error, appellant contends that the trial judge erred in the admission of a hearsay statement. Appellant's brief, however, relates to several statements by the witness Cynthia Barajas. Her valuable engagement ring was in her possession at 1:30 p.m. on November 15, 2001. The officials had shown up at Dianes home, who was tracked down dead on the main floor in one of the rooms. art. All these witnesses, except Bob Reynolds, were women. Maldonado, 998 S.W.2d at 243. Almost five years ago, Diane Holik was brutally murdered in her Austin, Texas home by Patrick Anthony "Tony Russo". The first part of the fifth point of error is overruled. There are two ways in which a court may find the evidence to be factually insufficient: if the evidence supporting the verdict is so weak as to make the finding of guilt clearly wrong or manifestly unjust, or if the verdict is against the great weight and preponderance of the evidence.
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