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Chapter 30. Private Sentencing
The evening after that brutal public punishment fair I relaxed at home and thought about what sentences I would hand out. I was feeling a good deal less vindictive after watching that cruel exhibition - just as the judge had indicated. What would happen to the prisoners next was up to me the judge had said. I checked my messages and found one from Judge Morelock’s law clerk. She said the judge would like to see me with my attorney and opposing counsel in his chambers the day after next if possible and to call her in the morning to confirm.
On the appointed day I went to the judge’s chambers at 2 pm as arranged. Cheryl Clifford’s lawyer was there, the public defender representing the boys and the attorney representing Zigler, Duncan and Jenkins. The judge’s clerk asked us all to wait until the judge finished a conference with attorneys on a medical malpractice case. Finally we were shown in.
“Miss Glenn”, the judge began, “we are here today because each of the attorneys for the defendants has filed a motion asking the Court to pass sentence on their clients instead of allowing you to do that. Do I have that right gentlemen?”
“Your Honor”, Miss Clifford’s attorney responded”. I think I may speak for all defense counsel here in expressing a concern that any sentences Miss Glenn might pass would likely be colored by her anger and bitterness over the way our clients treated her. Also we would argue that she has a conflict of interest in that she gains financially from enslaving our clients in direct proportion to the severity of sentences she hands down.”
“So you are questioning her objectivity?” the judge queried.
“Yes, and we think that lack of objectivity could result in excessive sentences for our clients” one of the other defense attorneys joined in.
“Well, I have a way of handling this that may satisfy you all. I want each of you to submit a proposed sentence for your client that is within the range specified in the official sentencing guidelines. I will ask Miss Glenn to do the same. Then I will compare her sentences with yours, defendant by defendant. If her sentence for any given defendant seems reasonable and she can support it in oral argument, the Court will use her sentence for that defendant. If not the Court will throw out her sentence and use the sentence proposed by defense counsel. That should motivate her to be moderate in her judgments. It should also motivate you, counselors, to propose realistic sentences - for if the sentences you propose for your clients are much too light I shall almost certainly use hers.”
“How will she be required to support her sentences in oral argument?” the Clifford attorney asked.
“With reference to a standard list of aggravating factors and mitigating factors that we judges have always used to arrive at a fair sentence.
“Will there be a written order to this effect?’ the attorney for Zigler, Duncan and Jenkins asked.
“My clerk should have it ready by noon tomorrow. Mr. Green, as Miss Glenn’s counsel, you will be expected t assist her in applying these factors to arrive at appropriate sentences. If there is nothing further, gentlemen, I have several more conferences to get to this afternoon.”
With that the meeting broke up and we went our separate ways.
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I was due in court the following week to present sentences. Clearly it was now in my best interest to weigh the sentences carefully since, if I got carried away, a defendant might wind up getting sentenced by his own attorney. And that would probably be little more than a slap on the wrist.
I should throw the book at the former Masterson employees, being careful, however, to justify heavy sentences based on an impressive list of aggravating factors. I could talk about the degree to which they premeditated their crime, their lack of concern for the consequences of their actions, the danger they might pose to the community if they were not sufficiently punished, the need to set an example to deter others from committing such crimes, etc. I had to determine the lengths of their slavery sentences, any special punitive conditions that would attach to their slavery and what to do with their financial assets. I had no particular desire to have any of them as my personal slaves. Clearly my best option, after enslaving them would be to sell them and realize some financial gain. Edgar would be at that session with me to present his sentences for the banker Morris Leland and for Sally Rigers and to take possession of them pending probable sale at auction.
Jenkins, however, was a special case. I had spared him the castration only because I had decided to accept Greg Masterson’s offer to lease Jenkins from me and put him through a very humiliating sexual therapy program that I, as his owner, could monitor and make changes to from time to time.
Then I thought about the two boys and wondered if I should be more lenient with them. I remembered some lines from an old Shakespeare Play about the ‘quality of mercy’. First I did an internet lookup, discovered the name of the play, looked for a summary and found this excerpt:
Concerning ‘The Merchant of Venice Act 4, Scene 1, from eNotes.com
“Disguised as a doctor of law, Portia has come to rescue Antonio, the merchant of Venice. Antonio had foolishly signed a bond granting the usurer Shylock a "pound of flesh" [see p.114] if he defaulted on the loan he was forced to seek-ironically, in order to help a friend court Portia. And defaulted Antonio has. After determining the facts of the case, Portia doesn't appeal at first to legal technicalities-which are the only way she will force Shylock to submit-but delivers a Christian moral.
“When Shylock demands to know why he "must" be merciful, Portia replies that compulsion is precisely contrary to the spirit of mercy, which is not "strain'd" (forced). Only because mercy is voluntary-because it mitigates the compulsions of the literal law-is it true mercy … a natural and gracious quality rather than a legal one.”
Then I went to the bookshelves in my library and found the volume containing the Shakespeare play. In the play I found the famous lines I had learned once in school:
From Shakespeare’s play:
Portia:
The quality of mercy is not strain'd,
It droppeth as the gentle rain from heaven
Upon the place beneath. It is twice blest:
It blesseth him that gives and him that takes.”
I thought then of Erin, the slender redheaded youth of 16, and his shorter stockier 13 year old accomplice Kim. They were only boys after all. They were old enough to know better and should be enslaved of course for what they did to me, but perhaps I could find it in my heart to give them a somewhat shorter term than the others and put them into a kind of slavery that would be only partly punitive but mostly educational - so that they might have an opportunity to eventually reclaim their lives.
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The next morning I awoke screaming and in a cold sweat. I had just experienced a nightmare where I was being forced to breast feed the baby I had been forced to carry for Mel Zigler and his wife. I wanted nothing to do with that baby. I had to remind myself that this was just a nightmare. No such baby existed. Zigler had actually never successfully impregnated me prior to my being set free from slavery.
Over the next week I had occasion to go out several times - sometimes for needed shopping, other times just to get out of my apartment. Always I exchanged pleasantries with Ralph, the doorman of my building. When I had first moved in he had been rather formal with me, perhaps feeling that it was not his place as a doorman to engage in frank conversations with the building tenants. But over the passing weeks we had gotten on a much more informal basis. Ralph had witnessed the street assault by the two boys and I had confided in him about how I was raped as a slave by Jenkins and Zigler.
One night I came home tired after a shopping trip. Ralph quite surprised me as I entered my building.
"Stephanie, I've seen that look before”, he said. “You remind me of other women who were kidnapped and abused. You look like a hunted animal."
His comment startled me at first, but after a moment I realized that he must be right. “
I only said that”, he continued, “because I think you should maybe seek out some sort of treatment. I understand there are programs to help women who have been raped.”
“Thanks Ralph. Perhaps I will look into it. Good night.”
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The next day I began thinking about what I would do with the proceeds of selling Jeff Duncan and Cheryl Clifford. They would be mine to sell even if the judge substituted shorter sentences proposed by defense counsel for the longer ones I would propose. The amount I should realize from the two of them would be very substantial. And this would be in addition to their liquidated financial assets and personal property, the rental income I would receive from leasing Jenkins to Masterson Automotive and the money I would receive from liquidating Jenkins financial assets. I was feeling somewhat uncomfortable to claim such a large windfall just for myself. Maybe there was something else I could do with part of these proceeds.
I remembered Fred Maxwell, Bill’s high school civics teacher who had spoken so eloquently at the “Reform Slavery Now” meeting. Mr. Maxwell had spoken then as an abolitionist, and while I no longer held that view myself, I respected him for his ideals. There had been an item in the news a few months back about how he had co-founded “Slave-No-More”, an organization to help former slaves get back on their feet. It was a charitable foundation that provided help to former slaves regardless of ability to pay. I could certainly support that concept. I phoned and he agreed to meet me later that day. We began by discussing the good works his organization engaged in and eventually got around to the help that I might be able to provide.
“Mr. Maxwell”, I began, “I am impressed with the help your charity provides to former slaves and believe I might be able to make a contribution of $100,000.”
“I can’t tell you how much such a contribution will mean to our organization”, he replied. “There are so many projects that we have had to postpone indefinitely due to a shortage of funds. May I ask how someone as young as yourself, only a few years after being manumitted, could be in position to make a donation on that scale?”
“It is because of the verdicts I won in court over my unjust enslavement”, I responded.
“Please! Miss Glenn, many of my colleagues here at “Slave-No-More” would argue that all enslavements are unjust!”
“Would you argue that sir?”
“No - not in quite the way I once did. But I must ask you first, Miss Glenn, if these judgments you won against those who wronged you are money awards which the defendants will have to pay out of their personal wealth?”
“No sir. The judgments were that the defendants all became my property. I am arranging to sell some of them at public auction just as soon as the judge approves the lengths of sentences I propose. I just felt that I would be receiving so much that I wanted to use part of that money to help a worthwhile organization such as yours!”
“Do I take it then that you plan to sell these criminals as slaves to the highest bidder - regardless of the consequences to the criminals?”
“That is my plan sir.”
“I am sorry Miss Glenn. I know that your offer was well intentioned, but one thing I vowed when we started this charity was that we would never take money that was obtained by selling human beings like commodities. I must refuse your donation. To my co-founder and myself it would be like accepting blood money!”
“Mr. Maxwell! You know that I was unjustly enslaved on trumped up debts. You also know that I was raped while a slave. The men that did this to me are evil! Was I not entitled to seek to have these men punished for the crimes they committed against me?”
“Yes”, he replied. “Punishment for crime is appropriate. You should have fought to have them convicted for their crimes.”
“But sir, you know that Capitallia has abolished imprisonment as a punishment for crime. There are no publicly funded prisons where criminals can simply be warehoused at public expense. The only form of punishment we have in Capitallia is some form of slavery or indentured service.”
“Yes”, Miss Glenn, “I fully realize that. Even if we brought back the prison system it would still be bondage.”
“How so sir?”
“I have been forced to the realization”, he continued, “that, whether I like it or not, punishment of criminals inevitably reduces these human beings to some form of slavery. It cannot be otherwise. It is only a question, then, of who shall be the master of the enslaved felon. Shall it be a prison warden who shall cage the criminal and exercise absolute authority over every aspect of his or her life for the next ten or twenty years? Or shall the criminal’s master be a private individual or organization who shall not cage the criminal but shall instead control him or her in a way that the criminal can produce a valuable commodity or provide a valuable service?”
“The way you present those alternatives it sounds like you favor private ownership of the criminal?”
“My views on slavery have evolved somewhat since my abolitionist speech at the hotel meeting. What I am still passionately opposed to is human beings being treated as mere commodities that may be bought and sold with no regard for their needs or sensibilities.”
“But how”, I asked, “can society allow for private masters of convicted persons without reducing criminals to the status of mere commodities to be bought and sold by the highest bidder?”
“I see you have not entirely kept up with the news in this field Miss Glenn. Even while your “Stephanie’s Law” was going through Congress there was another law quietly passed by the New York State Legislature called the “Custodial Slavery Act”. So far New York is the only state to have this, but other states are watching to see how it plays out. This law is intended to provide an alternative to plain old chattel slavery.”
“How would this be different than chattel slavery?” I asked.
“As you know”, he continued, “only citizens can own slaves and many of these citizens have some feeling that they should, in return, help their slaves to become better people. A very personal relationship often develops between slave and owner and the slave often receives the help he or she needs to return to a productive life after manumission. I am not saying all Capitallian slave owners are this enlightened but the “Custodial Slavery Act” formalizes a commitment of master to slave that has existed informally with many masters as a kind of noblesse oblige!”
“Last week”, I responded, “there was a Tim O’Malley in the news for running a chain of nudie pole dancing bars. Lost his citizenship or something. Do you suppose a fellow like that felt this noblesse oblige you are talking about? Do you suppose a guy like him was doing anything to help his enslaved dancers become ‘better people’ as you put it?”
“Perhaps not Miss Glenn. But I think you might at least agree that Mr. O’Malley is not your typical Capitallian slave owner. Many owners do help their slaves. How much help do convicts get in prison?”
“Very little.”
“Exactly. The new law only provides an option for sentencing criminals. It is not mandatory. Probably the majority of criminals will still be sentenced to plain old chattel slavery for the foreseeable future. The whole point of telling you about the new law is to suggest to you that you sentence your criminals to be custodial slaves rather than chattel slaves.”
“How would that actually work?” I asked.
“If you sentence them to custodial slavery you can still solicit bids for them but you would be committing yourself to not necessarily selling to the highest bidder but to the one you and certain others thought would best serve the slave’s interest as well as his own interest. You would be soliciting not just dollar bids but buyer background information and proposals concerning the rehabilitation services and educational advantages the prospective owner would provide.”
“Who would be these ‘others’ who would have a say in all this?” I wanted to know.
“That would be a slave advocate assigned by the Court and the judge. All three of you would review the proposals submitted by would-be buyers and their background data. You and the slave advocate would each inform the judge of which buyer proposal you favor and your reasons for that choice. The judge would make the final choice.”
“But what about punishment? I was so looking forward to ‘throwing the book’ at these villains. Do I have to forget about getting even with these scoundrels?”
“You can still deal out severe punishments, as long as your punishments do not cripple the slave physically or mentally and prevent his or her future growth. The Custodial Slavery Act recognizes that punishment serves a valuable purpose in educating the criminal that crime does not pay.”
“What about the buyers? If they buy a custodial slave are they making a commitment too?”
“Absolutely. Those who place bids would be making a legal commitment that if their bid is accepted they would manage the slave not only for their benefit as a slave owner, but also for the long run benefit of the slave. In effect they would commit to regarding the slave as their ward and not as mere property. Taking on a slave would be almost like adopting a child!”
“I like what I am hearing! If I sell them under the new law would you reconsider letting me donate part of the proceeds to your charity?”
“I think I would consider it.” He handed me a pamphlet. “Here is some information for structuring punishments under the new law. If you take this to your attorney I am sure he can help you draft the appropriate language for sentencing your criminals.”
“Thank you sir. This has been enlightening and I feel much more comfortable about all this now.”
With that our meeting was concluded.
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The following Monday Bill accompanied me for the trip to court. Before the official opening of Court another meeting had been scheduled in chambers with my attorney and opposing counsel present. I submitted my proposed sentences to the judge, arguing for each sentence with reference to the aggravating or mitigating factors that the law recognized. I stated my intent to sell the criminals under the “Custodial Slave Act”. The judge listened to me with interest, then looked at the sentences that had been suggested by opposing counsel. It did not take him long to rule that my sentences would carry the day in every case. The meeting was concluded and we waited in the courtroom for the official opening of the Court session.
The defendants, except Zigler, were sitting, in bright orange jail uniforms, at the defense table with their attorneys.
“This session of the Court is for purposes of sentencing. The Court takes notice of the fact that convicted felon Zigler is not in attendance and a warrant has been issued for his arrest. I have reviewed the sentences prepared by the plaintiff-victims, Ms. Stephanie Glenn and Mr. Edgar Miller, and find their sentences all in conformance with the requirements of the law and within the guidelines for the offenses for which each of you has been convicted. In fact I find their sentences to be more lenient to most of you than I would have been if they had left sentencing to the Court.
“I order all defendants who are present to stand at this time to hear their sentences. Ms. Glenn, if you will read out your sentences at this time, including Mr. Zigler’s, who will be sentenced in absentia.”
I rose, confident in what I was about to do. This was my time for justice.
“First”, I began, “there is the matter of your financial assets and personal property. The law requires me to take custody of all such assets and property. The Court has already given me a Writ of Execution so that I may do so. By law I may sell your financial and other assets with two qualifications. One is that your books, records, correspondence, photos, computer hard drives and any property that is of primarily informational or sentimental value are exempt from sale. I am required to arrange to store all such items in a secure storage vault until the time of your manumission from slavery, when such items will be returned to you.
“The other qualification is that any financial assets any of you have that are in excess of $500,000 must be placed in a trust where it will be invested at interest and returned to you upon manumission. Each of you will undergo a financial examination in the next few days to see if you have assets in that amount. Any assets you have that do not exceed $500,000 will be forfeit to me. Upon your manumission I am required by law to provide each of you with a modest manumission fee which should help you get back on your feet as free men and women again.”
The law set this $500,000 ceiling on confiscation of assets to ensure that there would not be incentives in the system for very wealthy people to be targeted by private prosecutors simply in order to acquire vast riches.
“You are all sentenced”, I continued, “under the new “Custodial Slavery Act”. In order to ensure the enslavements will be appropriately punitive in nature, they will all involve either hard labor or involuntary sexual service to the public. For Miss Clifford 8 years, Mr. Duncan 10 years, and for Mr. Zigler 20 years. I will deal with the boys a little later. The three of you are to be put up for bids as custodial slaves at a public auction venue. What that means is that I will be evaluating proposals for your service from prospective buyers as well as the prices they are bidding and will make a decision as to who should have custody of each of you. For you, Miss Clifford and you, Mr. Duncan your time on the public auction platform will be in two weeks time. Mr. Zigler will be auctioned within two weeks of the day we have him back in custody.”
Ted Duncan stood rigidly and with ashen face. Cheryl Clifford began to cry. The attorney representing Miss Clifford was on his feet.
“Your honor”, he began, “I would bring to the Court’s attention that my client is a single mother and sole source of support for two small children, ages 8 and 11. If she is sold into slavery who will care for these kids?”
“Miss Glenn”, the judge responded, “have you done the required Family Impact Study?”
“Yes, your honor, my attorney prepared this study and determined that Miss Clifford is indeed a single parent but that there are also two godparents for these children as was required by law in order for Miss Clifford to have legally given birth to them.”
“You understand, Miss Glenn”, Judge Morelock continued, “that to comply with the recently passed “Children Of Slaves” (COS) law, any sentence that you impose must not deny a slave’s children the love and comfort of being with their mother, nor deny them a stable home life, the opportunity to have an education at least through the 8th grade, to socialize with other children to participate in extra-curricular school activities and to have access to apprenticeship programs.”
“I understand your honor and with assistance of counsel have drafted special conditions for her sentence that will keep it in compliance with COS.”
“Go ahead then”, the judge replied and settled back into his chair.
“Miss Clifford, your punishment, like the others, will be sexual in nature. But there will be a special condition attached to your sale that specifies that your owner must house you, with your children, only in a licensed residential facility in full compliance with the COS law. Fortunately we have many such facilities here in New York State so there should be no shortage of potential buyers. The costs of all services provided to your children shall be charged to their godparents.”
“Other special conditions on your sale are that you be worked neither more nor less than 40 hours per week, that you be kept naked during all your working hours except when doing so would conflict with public decency laws. At least 20 hours per week you are to be engaged in providing sexual services to your owner or to the public, but may provide professional services or receive professional training during the balance of your work week. You must be provided decent clothing whenever you are in your residential quarters or otherwise in the presence of your own children or the children of your fellow slaves outside of working hours. You will be spared any whippings.”
“We object, Your Honor!” the attorney for Cheryl Clifford loudly proclaimed.
“Your objection is noted for the record counselor. Now let’s move on” the judge replied.
“Special conditions for you Mr. Duncan, are that you be kept naked at all times except when doing so would conflict with public decency laws. Whoever buys you shall employ you for a total of not less than 50 hours per week nor more than 60 hours, and that at least 30 hours of every work week you be engaged either as a prostitute or engaged in hard manual labor or both. During the balance of every week your owner may use you for professional, technical or skilled work if desired. In addition, your owner must bring you to the public whip master for a public whipping at least once in every calendar quarter.”
Ted Duncan continued to stand stoically and his attorney made no move to object.
“Special conditions for Mr. Zigler are the same as those for Mr. Duncan.”
“In your case Erin and your case Kim, the enslavement sentences are to be six years, but I will retain ownership of you during that time, provide you with rehabilitation services and place you in an apprenticeship program where you will be taught a trade which will enable you to get on your feet and earn an honest living at the end of your enslavements.”
I saw Erin tugging at the sleeve of the public defender who was representing him and Kim. The public defender rose to address the Court.
“My client is concerned about his modesty, Your Honor. Will Miss Glenn permit him decent clothing during his six years of apprenticeship?”
“You know better than to ask that, counselor!” the judge responded. “Since Miss Glenn is retaining ownership she will be free to decide such questions when the time comes. She is not required to commit to any answer right now.”
“I prefer to give my answer now, Your Honor” I interjected. “During his apprenticeship he will learn and work naked at all times except where that would conflict with public decency laws. Erin needs to learn that modesty is the right of free persons who have broken no laws. It is not the prerogative of slaves. Also Erin will be receiving some therapy for his sexual hang-ups. Perhaps that will make the constant nudity at work more bearable for him.”
“I have left you last Mr. Jenkins. Your enslavement will be for 20 years with the possibility of an earlier release date for good conduct shown. But you had a sexual motive for enslaving me. Therefore your punishment will be particularly sexual in nature. I spared you the usual punishment of castration given out to sexual offenders. You are fortunate that your employer, Greg Masterson, put in a word for you. He wants very much to have your professional services and has offered to buy you or lease you from me. I have agreed to the latter, but only on condition that you are put through a compulsory sex treatment program to cure you of your desire to rape innocent women.”
“I will retain ownership of you during the 20-year term of your enslavement so that I can monitor your progress with the sex treatment and make changes in your treatment regimen from time to time. During your enslavement, in addition to sex treatment, which will be provided through the clinic at Masterson Automotive, you will also work full time for Masterson Automotive in whatever capacity Greg Masterson may choose. It is possible that, if I am satisfied that you are cured of your evil desires, I may free you from slavery long before the conclusion of your 20-year sentence. But that will be up to how well you do in treatment.”
I indicated that I was done with my sentences and took my seat. Judge Morelock then called on Edgar to announce his sentences for the banker Morris Leland and for Ms. Sally Rigers.
“First”, Edgar began, “your financial assets and personal property will be seized in accordance with the law as previously explained by Miss Glenn. Next you are both sentenced to enslavements under the chattel slavery law - for you Mr. Leland 20 years, and for you Ms. Riggers 10 years. Mr. Leland is to be sold at public auction. A condition of his sentence which any future owner will have to meet is that he be taken to a public whip master once each month for a public whipping. Ms. Riggers is to remain my property for the duration of her sentence or until I decide to sell her.”
When I heard Edgar say that I knew he must have been planning sexual vengeance against her for all she had done to him, including her sexual abuse.
When Edgar took his seat Judge Morelock made this announcement:
“You have all been sentenced in accordance with the law and the Court will now proceed with the ceremony of the enslavements. The defendants will all remove their jail uniforms at this time and place such clothing in the baskets provided. Bailiff please bring in the equipment at this time.”
With that he banged his gavel. This time they all complied promptly with the judge’s order to remove their clothing. Even Erin didn’t dare make a run for it this time after the whiplash to his boyish buttocks he had earned at the earlier hearing. But I could sense from his muscular tensions the seething anger he felt at this humiliation.
Edgar and I were asked to take up positions near the east sidewall and they were all commanded to kneel facing us with their thighs vertical and well separated. I had seen them all naked before but it was still a pleasure to see them exposed in this way once more in a public courtroom in front of spectators. Morris Leland was hanging his head. I think he was embarrassed about the small size of his penis and the gray color of his pubic hair that so obviously did not match the color of the hair on his head. Cheryl Clifford bore her embarrassment stoically. Sally Rigers looked like she was going to get even with somebody for putting her through this. She looked straight at Edgar as if to say he better watch his back.
Six identical restraint fixtures were wheeled into the courtroom and placed behind the prisoners that confined their six necks in side-by-side yokes. Then six instruments were rolled into place behind them all and they were all ordered to look straight ahead. Now they were all shaking with fear. Erin lost control of his bladder and soiled his slender thighs. Giant hypodermic needles were positioned at the backs of their necks. Then a sound as loud as a gunshot was heard while the six needles simultaneously penetrated those 6 necks installing bio-implant slave control devices in each of them. Exactly what had been done to me six months earlier.
Jenkins and Duncan were crying now. I wished Zigler had been there as well. When they were released from the yokes they were barely able to stand or walk. Their knees were buckling. They were frog marched out of the courtroom and into a waiting van that would take them to a private prison where I had made arrangements to board them until I could make further arrangements.
I decided to let Duncan and Cheryl Clifford have two weeks to recuperate from last week’s virtual crucifixions so they would appear healthy and vital when I auctioned them off. The boys and Jenkins I was not putting up for sale but I needed time to make arrangements for them.
Judge Morelock banged his gavel indicating that today’s proceedings were complete.
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