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In the Media - 2004

Civil rights lawsuit tossed
Man files federal lawsuit over shooting by police
AMPHETAMINE FOUND: Son says hiker tested positive
Suit filed over soiled honeymoon
Lawsuit Claims Human Feces Found in Circus Circus Casino Hotel Bed
Bobbitt arrested, faces charges of domestic violence
Bobbitt faces divorce after latest violence
Municipal judge won't lower bail for Bobbitt
Bobbitt has freedom temporarily shortened by bondsman
Bobbitt acquitted in domestic dispute


Civil rights lawsuit tossed
Man spent year in jail for crimes he didn't commit
April 7, 2004
Las Vegas Review Journal

Given the fact that Las Vegan Lazaro Soto-Lusson spent a year in jail for crimes he didn't commit, at first glance it would seem he is a legitimate candidate for a federal civil rights suit against police.

But last month, a U.S. District Court judge in Las Vegas dismissed a civil rights lawsuit filed by Soto-Lusson against police, saying the constitutional amendments the lawsuit was filed under don't apply to what happened to him.

"I was totally in shock," Soto-Lusson said. "How can something like that get dismissed?"

Soto-Lusson's case dates to 2001 when he was wrongly accused by police of three rapes. He was housed at the North Las Vegas Detention Center on an immigration matter at the time.

While at the jail, a fellow inmate, Joseph Coppola, accused Soto-Lusson of sexual assault.

While investigating the allegation, authorities took samples of both Soto-Lusson's and Coppola's DNA. Both samples were then entered into a police computer system.

The computer showed the DNA of Soto-Lusson matched evidence in the unsolved rapes of two local juveniles. Soto-Lusson was then charged with the two sexual assaults and with the alleged rape of Coppola.

Soto-Lusson spent a year in jail awaiting trial.

But one week before his trial on charges that could have put him in prison for life, Soto-Lusson's defense attorneys discovered that his DNA sample had been switched with Coppola's when they were entered into the police crime lab's computer.

All charges against Soto-Lusson were dropped because of the clerical error, and authorities acknowledged an innocent man had been wrongly charged.

Soto-Lusson then filed suit in U.S. District Court in 2002. The complaint was filed by Las Vegas attorney Barry Levinson against the Metropolitan Police Department, the city of North Las Vegas, Clark County and the North Las Vegas Police Department.

The lawsuit alleged numerous violations of the U.S. Constitution's Fifth Amendment, which in general protects an individual from self-incrimination; the Eighth Amendment, which protects an individual from cruel or unusual punishment; and the 14th amendment, which affords due process and equal protection.

Last year, Dawson ruled a constitutional violation under the Eighth Amendment did not apply in Soto-Lusson's case. He then gave Soto-Lusson's attorney an opportunity to amend the complaint.

In a subsequent ruling filed in March of this year, U.S. District Judge Kent Dawson dismissed the rest of the complaint, determining Soto-Lusson's rights were not violated under the Fifth and 14th amendments.

"Neither allegation has merit," the judge said.

Dawson pointed out that the lawsuit could have been filed under the Fourth Amendment, which protects citizens against unreasonable searches and seizures and illegal detentions.

"Plaintiff could possibly have based his claims in the Fourth Amendment," Dawson said in his ruling. "However, plaintiff did not include this argument in the original complaint or (an) amended complaint."

Levinson said his office did cite the Fourth Amendment, not in the original complaint or amended complaint of the lawsuit, but in subsequent court filings that were made in a response to a motion to dismiss.

Levinson said he believes the lawsuit should not have been dismissed and that he has since filed court motions asking Dawson to reconsider his ruling.

If that motion is denied, he plans to pursue the matter on appeal through the 9th U.S. Circuit Court of Appeals.

An attorney who worked on behalf of Las Vegas police on the case, John Gormley, could not be reached for comment Tuesday.

Soto-Lusson said he is still optimistic that his lawsuit will be reinstated.

"I'm not looking too much into the money thing," Soto-Lusson said. "I'm looking for them clearing my record."

Soto-Lusson said in his daily life, he is still fighting the perception that he was somehow engaged in a sexual assault. "They are still judging me about it," he said. "All I want is a second chance in society and in life."

Copyright © Las Vegas Review-Journal, 1997 - 2004

Man files federal lawsuit over shooting by police
May 8, 2004
Las Vegas Review-Journal

A Las Vegas man filed a civil rights lawsuit Friday that claims a police officer used excessive force last year when he shot the man multiple times.

Aramis Arredondo, who is represented by attorney Barry Levinson, filed the federal lawsuit against the Metropolitan Police Department and an officer identified only as "R. Rogers."

Police previously identified the officer involved in the shooting as John Wiggins.

Levinson said Rogers was named because a police report identified him as the shooter.

According to the lawsuit, Rogers stopped Arredondo around 1:45 a.m. on Sept. 25 at a car dealership on South Decatur Boulevard, then followed him to the parking lot of a gym on West Sahara Avenue.

"Officer Rogers allegedly saw an object in plaintiff's hand and responded by discharging his firearm and shooting plaintiff multiple times," according to the complaint. Police said Arredondo was shot after he raised a knife and box cutter over his head and charged police.

Copyright © Las Vegas Review-Journal, 1997 - 2004


AMPHETAMINE FOUND: Son says hiker tested positive
May 14, 2004
By Frank Curreri

The woman who said she survived five days in Red Rock Canyon testedpositive for
amphetamines after her rescue, her oldest son confirmed Thursday.

However, Jason Caudill said his mother, Christine Asleson, does not use illegal drugs.

He said she ingested the substance by accident during her much publicized ordeal.

Caudill said Asleson, 45, carried a backpack containing medications for herself
and her 11-year-old son when she went to search for a lost dog in the canyon on May 2.

The boy suffers from a sleep disorder and chronic fatigue, Caudill said, and the prescription medication, which contains amphetamine, helps him stay awake.
Caudill said his mother told him it is possible she took some of her son's medications instead of her own while stranded in the canyon.

Testing performed after she was found on May 7 detected a "very small trace" of amphetamine in her body, Caudill said.

"It was something that she had gotten out of my little brother's prescription pills," Caudill said. "My mom said she might have actually taken half of one of my little brother's pills, you know, thinking it was hers."

Las Vegas police searched in vain for Asleson in the days after she disappeared. They subsequently expressed skepticism at her survival account, questioning whether a person could have lasted so long in such dangerous conditions. Police have estimated the search cost taxpayers about $50,000.

Asleson spoke with investigators for about 10 minutes before halting those talks Monday.

On Tuesday, Asleson said she was eager to meet with police but first wanted to hire an attorney. As of Thursday, she had not met with police.

"The investigation is pretty much resolved," police Capt. Terry Lesney said Thursday. "We don't have anything to discredit her story or to confirm it. If she was a suspect it would be different, but she was a victim. ... Pretty much where we go from here is we close the case."

Asleson told authorities she survived without water by eating flowers, crouching in the shade and rubbing dirt on herself to keep cool in the 90-degree-plus temperatures.

She was found May 7 when someone heard her shouting from a cliff only a short distance from the area where police, her friends and family and other volunteers were based during the search.

She was taken to University Medical Center, where television and newspaper photographers greeted her ambulance.

Upon seeing the photographers, the frail looking Asleson began singing "Ain't No Mountain High Enough." She later said police failed to find her because they did not look high enough in the treacherously steep terrain of Red Rock Canyon.

Caudill, 27, said his mother is represented by Las Vegas attorney Barry Levinson, who could not be reached late Thursday afternoon.

Amphetamines are a type of stimulant that can increase alertness and energy. They can be legally prescribed for those with conditions like narcolepsy or attention deficit disorder, or even purchased over the counter as a nasal decongestant, said Dr. Ruth Winecker, a forensic toxicologist for the North Carolina Office of the Chief Medical Examiner.

Winecker said standard toxicology tests at hospitals cannot distinguish between methamphetamines and amphetamines because they are remarkably similar in structure.

She said blood tests generally can reveal amphetamine or methamphetamine use that has happened within 24 hours, and urine tests can detect use up to three days.

Caudill said his mother's survival story is legitimate and that she immediately returned his brother's prescription drugs when she was rescued.

"She had her and my brother's medication with her, and she handed them both to me," he said.


Suit filed over soiled honeymoon
July 2, 2004
Las Vegas Sun
By Matt Pordum

A newlywed couple that had been saving up money for their dream honeymoon in Las Vegas saw their plan hit the fan while staying at Circus Circus in January, according to a lawsuit filed Thursday.

Milciades Cedano, the groom, said that when he slipped into bed next to his new bride he pulled up the covers only to have human feces "smeared over his face."

Cedano filed a lawsuit against the hotel's parent company, Mandalay Resort Group. Cedano's lawyer, Barry Levinson, said Cedano was demoralized by the incident and is seeking a minimum of

$100,000 in damages.

"This traumatized him (Cedano)," Levinson said. "He (Cedano) saved up a lot of money for this trip. He always dreamed of having his honeymoon in Las Vegas. They (Circus Circus staff) tried to accommodate him, but didn't comp him. They actually accused him of doing it himself."

Levinson said Cedano has been under the care of a psychologist ever since the incident took place.

"My client has needed the help of a psychologist because all of his friends call him 'poo poo man' now," Levinson said. "Everyone he tells laughs at him."

Mandalay Resort Group did not immediately return a phone call seeking comment. Levinson said Thursday afternoon that he didn't think Mandalay had yet received a copy of the complaint.

Levinson said Cedano screamed when he realized what happened and after becoming "physically ill" called the hotel supervisor, who confirmed the substance on Cedano's face was human feces.

Cedano's complaint seeks damages for past and future medical expenses, loss of income in the past and future and an apology.

All contents © 1996 - 2004 Las Vegas Sun, Inc.


Lawsuit Claims Human Feces Found in Circus Circus Casino Hotel Bed
July 9, 2004
Knight Ridder/Tribune business News

A Virginia Beach man claims in a lawsuit that his Las Vegas honeymoon was ruined when he found a pile of human feces in his hotel bed.

Milciades M. "Mikey" Cedano Jr. filed a complaint last week in Clark County, Nev., saying that he got in bed late one night in January at the Circus Circus casino hotel and made the foul discovery.

His suit says hotel employees considered the situation to be a joke and that the incident caused emotional stress that has forced him to seek therapy.

Cedano is suing the parent company of Circus Circus, Mandalay Resort Group.

His suit seeks at least $40,000 in damages, but he said in an interview that he wants at least $100,000.

Cedano and his wife, LaVett Brown-Cedano, were married in 1997 and took a belated honeymoon the week of Jan. 22. On their last day in town, they arrived at their suite at midnight.

Cedano, worn out after several nights of playing craps, said he scooted into the sheets and caught a whiff of strong odor.

"Oh, God, I know that's not what I think it is," he recalls thinking. He said he jumped out of bed, screaming, and turned on the lights. He said his face was covered with feces.

He said he immediately called for a hotel supervisor. That individual and others "acted as if the whole incident was funny, further demeaning, humiliating and injuring the Plaintiffs," according to the lawsuit. The suit also says that hotel employees began referring to the suite as "the brown room."

That morning, the couple returned to Virginia. But Cedano said he was sick for weeks.

"I was throwing up," he said. "I was so sick, because I kept thinking about somebody else's feces on my face."

Barry Levinson, Cedano's attorney in Las Vegas, wrote in the complaint that hotel workers might say that the couple staged the incident. "This attitude only adds to Plaintiff's damages," he wrote.

Levinson took a light-hearted approach to the complaint, peppering it with defecation jokes. "It's so

bad and outrageous that you have to make light of it," he said in an interview.

Levinson sought publicity for the case through a news release, and Las Vegas papers have reported on the suit.

Cedano, 32, is an assistant manager for one of the Lowe's home improvement stores in Hampton Roads. He said co-workers have called him rude names and that he has visited a psychologist for five sessions because of the incident.

Circus Circus has about 3,700 rooms and is on the north end of the Las Vegas strip. Officials at the hotel and the parent company either would not comment on the pending lawsuit or could not be reached for comment.

Cedano and his wife said they will not return to Las Vegas.

"This was our first honeymoon we'd been waiting for so long to take," he said. "And it turned out to be a horrible one."


Bobbitt arrested, faces charges of domestic violence
August 27, 2004
Las Vegas Review-Journal
By Henry Brean

John Wayne Bobbitt and his surgically reattached penis are back behind bars in Clark County on domestic violence charges.

Bobbitt, who gained fame in 1993 when his first wife cut off his penis, was arrested early Wednesday on two counts of domestic violence after an altercation with his current wife and her 14-year-old son.

According to a police report, Bobbitt, 37, threw his stepson down and began punching him in the face after the boy discovered sexual paraphernalia in Bobbitt's closet. When Bobbitt's wife of three

years tried to pull him off her son, Bobbitt shoved her to the ground, according to the report.

But Bobbitt's attorney, Barry Levinson, said his client is a victim of his own fame.

"Because it's John Bobbitt, they arrested him," Levinson said. "I know a witness, two witnesses, who saw the whole thing, and they said John didn't do a thing."

Levinson issued a news release about the incident Thursday titled "Love Hurts."

"John Wayne Bobbitt discovered once again that love can indeed be painful," the release states.

According to Levinson, Bobbitt was trying to break up a fight between his wife and his stepson. The commotion began when the boy reacted angrily to finding various sexual aides and toys scattered throughout his mother's bedroom, Levinson said.

Bobbitt's arrest comes about 15 months after he was convicted in Las Vegas of battering his wife.

A week after that conviction, a judge in Fallon revoked Bobbitt's probation and sentenced him to prison for his role in the 1999 theft of more than $140,000 in clothing from a Fallon store.

Levinson expects Bobbitt to remain in jail until he is arraigned on Monday because he cannot afford the $10,000 bail set for him.

Since moving from Virginia to Nevada after surgery to reattach his penis, Bobbitt has worked at a brothel, as a bartender and a tow truck driver.

At her 1994 trial, Bobbitt's first wife, Lorena, argued that he abused her. She was found innocent by reason of insanity in the assault.

Copyright © Las Vegas Review-Journal, 1997 - 2004


Bobbitt faces divorce after latest violence
August 30, 2004
Law Vegas Sun
By Heather Rawlyk

Two days after her husband, John Wayne Bobbitt, was arrested and charged with two counts of domestic violence in the beating of her teenage son, Joanna Bobbitt filed for divorce.

"I just realized, there can be no reconciliation at all with this," Joanna Bobbitt said. "If we can't live our lives cordially, then it just can't be worked out."

John Bobbitt, 37, who became famous when his first wife cut off his penis while he slept in 1993, was arrested at his northwest Las Vegas home early Wednesday morning. Police allege he held down his 14-year-old stepson and struck him in the face several times with a closed fist, according to the arrest report.

The alleged fight was sparked after the teen found sex toys in the parents' bedroom and became angry, police said.

The sex toys -- a drawer full -- had been given to John Bobbitt recently at a pornography convention held in Las Vegas, Joanna Bobbitt said.

Bobbitt's lawyer, Barry Levinson, said Thursday his client is innocent and was involved in the fight only to intervene between his wife and stepson, who Levinson said were fighting in a bedroom over the discovery of the sex toys.

Joanna Bobbitt, however, said Levinson's statements are false, and she was the one who was trying to intervene between John Bobbitt and her son.

"I was outside at the washer and dryer folding clothes, and I heard the commotion and came inside to see what was going on," Joanna Bobbitt said. "When I walked in, John was holding (my son) to the ground and punching him in the face. I tried to break them apart, and John shoved me to the ground."

Joanna Bobbitt said when police arrived, she, her son and Bobbitt were separated and questioned about what happened. Joanna Bobbitt said she and her son had matching stories, but John Bobbitt's story was different.

That's when police arrested John Bobbitt, she said.

"I decided I had had enough," Joanna Bobbitt said, so she filed for divorce Friday.

"I've been living in a nightmare for the past three years and it's time to get out of it," she said. "I'm done with this man."

All contents © 1996 - 2004 Las Vegas Sun, Inc.


Municipal judge won't lower bail for Bobbitt
August 31, 2004
Las Vegas Sun
By Matt Pordum

Las Vegas Chief Municipal Judge Toy Gregory on Monday rejected requests to release John Wayne Bobbitt on his own recognizance or to lower his bail, so Bobbitt will remain jailed on two counts of domestic violence.

Bobbitt, 37, was arrested after police allegations that he fought with his wife and 14-year-old stepson at their northwest Las Vegas home.

During an arraignment before Gregory in which Bobbitt appeared via a television broadcast from the jail, Bobbitt's attorney, Barry Levinson, unsuccessfully argued that Bobbitt was not a flight risk so no bail amount was necessary, but Gregory kept Bobbitt's bail amount at $20,264.

On Wednesday Bobbitt's stepson called Metro Police about 1:15 a.m. and alleged that he and his mother, Joanna Ferrell, were hit by Bobbitt during a scuffle earlier that evening inside their home, according to the arrest report.

The fight started after the teen was angered when he found a drawer full of sex toys in the bedroom of his mother and stepfather, police said. Police allege Bobbitt held down his 14-year-old stepson and struck him in the face several times with a closed fist. Ferrell was knocked down during the fight, according to the police report.

Bobbitt was arrested and charged with two counts of domestic battery.

Levinson said Gregory scheduled a hearing for Sept. 7 at which Bobbitt would either enter a plea agreement or set a trial date.

Levinson said because of a 2002 case of domestic violence against Bobbitt, he is certain that Bobbitt will have to serve at least three months in jail if he is convicted.

In May 2002 Bobbitt was arrested on a domestic battery charge and booked into Las Vegas City Jail on allegations that he assaulted Ferrell in Las Vegas less than two months after they were married.

This time, "if they find him guilty he will do jail time," Levinson said. Sun reporter

All contents © 1996 - 2004 Las Vegas Sun, Inc.


Bobbitt has freedom temporarily shortened by bondsman
August 27, 2004
Las Vegas Review-Journal

John Wayne Bobbitt, who gained international notoriety after a kitchen knife separated him from his penis, had a slice of his freedom temporarily taken away Thursday.

Bobbitt was speaking to a Review-Journal reporter after his domestic violence trial was delayed in Las Vegas Municipal Court when a burly man grabbed his arm from behind and bent it around his back.

"You're under arrest," the bail bondsman told Bobbitt as he slapped handcuffs on his wrists about 10 a.m.

Bobbitt's attorney protested in vain as the bondsman carted his client away.

"Oh, come on, man, it's only $900," lawyer Barry Levinson yelled as the bondsman guided Bobbitt across City Hall's open air plaza.

Levinson explained that Bobbitt had not completed payment on the $10,000 bond that sprung him from jail Sept. 22.

Bobbitt, 37, became famous in 1993 after his first wife cut off his penis. At her 1994 trial, Lorena Bobbitt argued that he abused her. She was found innocent by reason of insanity in the assault.

His court appearance on Thursday stemmed from his August arrest on two misdemeanor counts of battery.

According to a police report, Bobbitt threw his 14-year-old stepson down and began punching him in the face in August after the boy discovered sex aids in Bobbitt's closet.

When Bobbitt's wife of three years, Joanna Ferrell, tried to pull him off her son, Bobbitt shoved her to the ground, according to the report.

A judge postponed the trial after learning the boy is out-of-state living with his biological father and would not be available to testify until December.

After that decision, Bobbitt walked out of the courtroom and agreed to speak with a reporter. He was able to get out only one comment.

"I'm doing pretty good," he said.

Then, his smiling face turned to confusion then anger as he realized a bondsman was taking him into custody.

Before leaving with his famous detainee, the bondsman invited Levinson and Bobbitt's wife to his office to negotiate Bobbitt's release.

Levinson secured Bobbitt's freedom about two hours later, following a trip to the city jail and a $900 payment to the angry bail bondsman.

"It was all a misunderstanding," Levinson explained late Thursday afternoon. "John had recently gotten a new cell phone, and he forgot to give the number to the bondsman so he could get his last $900, and I think the bondsman just wanted to teach John a lesson by taking him to jail."

Since moving from Virginia to Nevada after surgery to reattach his penis, Bobbitt has worked at a brothel, as a bartender and a tow-truck driver.

He currently works as a mover. "He actually enjoys doing that," Levinson said. "I don't know why, but he does."

Over the last five years, Bobbitt has been arrested at least three times in Nevada.

A year-and-a-half ago, Bobbitt was convicted of battering Ferrell. A week after that conviction, a judge in Fallon revoked Bobbitt's probation and sentenced him to prison for his role in the 1999 theft of more than $140,000 in clothing from a Fallon store.

He had been out of prison only briefly when he was charged in the most recent battery case this summer.

Ferrell filed for divorce the day after his arrest. In an interview less than two months ago, Ferrell said she was ready to sever her ties to Bobbitt.

"It's over," Ferrell said of her three-year marriage.

Since then, she's had a change of heart.

Ferrell attended Bobbitt's hearing Thursday to lend moral support. After the bail bondsman took Bobbitt away, she explained that they are seeking to dismiss her divorce filing. The couple reconciled after his release from jail last month.

"Well, there've been issues," she said. "But we went to counseling and decided it was pretty much best to try and work things out."

Copyright © Las Vegas Review-Journal, 1997 - 2004 


Bobbitt acquitted in domestic dispute
December 28, 20044
Las Vegas Review Journal

The man infamously parted from his penis 11 years ago was acquitted Monday of charges that he battered family members after the discovery of a sex toy in his bedroom.

In finding John Wayne Bobbitt innocent of domestic violence, a Las Vegas judge ruled Bobbitt's 14-year-old stepson, Eric Garcia, was to blame for the Aug. 25 fight.

"The culprit here is Eric," Municipal Court Judge Pro-Tem Gary Lang said. "Eric started the fight. Eric's a brat. He went to (juvenile) jail, and he should've.";

As the judge paused for a moment in delivering his ruling at the end of the 2 1/2-hour hearing, Bobbitt started an impromptu statement from the defense table.

"I'm not a violent man," Bobbitt volunteered, drawing a rebuke for speaking out of turn.

"We're not having a conversation," Lang said, cutting him off..

Later, when he was free to speak outside the courtroom, Bobbitt said he was thrilled with his acquittal on four misdemeanor battery counts.

"I've never been so happy with the judicial system," said Bobbitt, whose courtroom setbacks include his former wife's acquittal in the 1993 assault in which she severed his penis with a kitchen knife.

Monday's trial focused on whether Bobbitt, 37, committed a crime in an August scuffle involving Garcia and the boy's mother, Joanna Ferrell, who is Bobbitt's wife of three years.

Witnesses on Monday testified that Garcia became enraged after finding a vibrating massager in a dresser shared by Bobbitt and Ferrell and began throwing things around the living room until Bobbitt interceded and confronted him.

"He told me to hit him like a man," Garcia said..

Other witnesses indicated Bobbitt's challenge was aimed at redirecting the boy's anger away from his mother and toward a more formidable opponent.

After a shove from the boy, Bobbitt pushed him to the ground and restrained him, witnesses for both the prosecution and defense testified. Accounts varied as to whether Bobbitt ever punched the boy.

Ferrell intervened to break up the tussle. In a police statement she completed that night, Ferrell told police that she saw Bobbitt strike her son and that Bobbitt pushed her away from them and onto the ground, causing a bruise.

She recanted the story at Monday's trial and said she thought her injury was caused by her tripping on her son's or husband's feet during the incident and hitting a coffee table. She told the judge her memory of the rest of the fight was flagging..

"All I recall is John was on top of him restraining him," Ferrell testified.

All three participants suffered small cuts and bruises.

Unable to determine who the primary aggressor was, police officers arrested both Bobbitt and Garcia, booking the adult into jail and Garcia into a juvenile detention facility.

Ferrell filed for divorce the day after, but she and Bobbitt reconciled. Garcia now lives with his father in New Mexico.

In arguing for acquittal, Bobbitt's lawyer said what should have been a minor family dispute ended up as a high-profile court case because of Bobbitt's celebrity.

"He did his best to try to calm down a situation. He did not intentionally hit anybody," attorney Barry Levinson said. "If this was anybody else, we wouldn't be here."

After the acquittal, Lang reprimanded Bobbitt for failing to attend court-ordered anger management classes after his 2003 domestic violence conviction.

"I'm not happy you blew off the counseling," Lang said, pointing a finger at him. The judge told Bobbitt serious repercussions would occur if he failed to show up for his remaining 23 weeks of classes.

"Try me one more time, and you'll do 90 days in jail."

Bobbitt, who has worked as a bartender, a brothel host and a pornographic film star, said his plans include staying out of trouble and joining the Teamsters union as a professional mover.

He said he is working on being a good husband.

"We're compatible soulmates," Bobbitt said of his wife Monday.

Quipped Levinson, his attorney: "At least she hasn't cut off his penis yet."

Copyright © Las Vegas Review-Journal, 1997 - 2004 

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