Caylee/Casey Anthony Trial BOMBSHELL: JAMES CHENEY MASON IS OUT- REAL OR RUMOR?

Orlando, FL- As most of you following the murder trial of Casey Anthony for her 34 month old daughter, Caylee Marie, Saturday brought the most shocking day of NON-testimony yet.

I am referring to the bombshell dropped on the court by lead defense attorney, J. Cheney Mason. For reasons that may very well stay sealed until the conclusion of the trial, amongst rumors of photoshopping evidence pictures and witness tampering, Mason iniatied an off the record sidebar followed by an incamera meeting someone decided the defendant would not attend.

The dissention in the ranks seemed to stem from Friday’s rookie error, made by Mason, a criminal defense attorney with nearly 40 years of experience and considered one of the “super lawyers” in the State of Florida. Mason asked first responder deputy Ryan Eberlin, of the OCSO if he placed Casey Anthony in handcuffs at the Anthony home , opening the door to the prosecution to allow the deputy to explain, in front of the jury, that he did so at the request of Cindy Anthony after providing proof her daughter fraudulently used her credit cards.

(Editor’s Note: I was so stunned by this ginormous snafu I considered the possibility Mason did so to get fired on purpose. Given Saturday’s events, my jury is still out on that one.)

Mason is Out

With Tru Tv’s Insession and other various local affiliates geared up for all day Saturday coverage, this presented the unique problem of having a day of rampant legal speculation as to what could have caused Judge Perry, who already scheduled an extended Saturday as a sanction to the defense for it’s third contempt of an order regarding expert witness testimony, ran through every option.

Based on the fact that immediately after court was recessed until 8:30 AM this morning, Jose Baez informed Dot Simms she would need to accompany State Attorney Jeff Ashton for the afternoon deposition of Dr. Kenneth Furton, that he could not, so she “just had to”, and the immediate seal of both the sidebar and incamera session, it is clear there are very limited reasons for the kerfeffel under Florida Law.

They are:

Jury related issue: Impossible as the court reporter left immediately after the recess. If that were the case, Judge Perry would have been required to address the issue immediately on the record, and with counsel present.

Pending Witness testimony Issue: Would not require recess, would not allow for closed proceedings and sealed transcripts, and there were 7 defense witnesses at the court house waiting to be called.

Plea Deal: Again, would not require in camera session without the defendant.

Misconduct: ding ding ding.. We have a winner.

Health Issue: Possible, but highly unlikely given we are looking at only about another week of testimony.

 

Mason is Out Baez

 

Rule 4-1.16 Declining or Terminating Representation

(a) When Lawyer Must Decline or Terminate Representation.

Except as stated in subdivision (c), a lawyer shall not represent a client or, where representation has commenced, shall withdraw from the representation of a client if:

(1) the representation will result in violation of the Rules of Professional Conduct or law;

(2) the lawyer’s physical or mental condition materially impairs the lawyer’s ability to represent the client; or

(3) the lawyer is discharged.

(b) When Withdrawal Is Allowed.

Except as stated in subdivision (c), a lawyer may withdraw from representing a client if withdrawal can be accomplished without material adverse effect on the interests of the client, or if:

(1) the client persists in a course of action involving the lawyer’s services that the lawyer reasonably believes is criminal or fraudulent;

(2) the client has used the lawyer’s services to perpetrate a crime or fraud;

(3) a client insists upon pursuing an objective that the lawyer considers repugnant or imprudent;

(4) the client fails substantially to fulfill an obligation to the lawyer regarding the lawyer’s services and has been given reasonable warning that the lawyer will withdraw unless the obligation is fulfilled;

(5) the representation will result in an unreasonable financial burden on the lawyer or has been rendered unreasonably difficult by the client; or

(6) other good cause for withdrawal exists.

 

An attorney withdrawl in the middle of trial is not unheard of, and it is not automatic grounds for a mistrial. That said, given the fact this is a death penalty case, and Jose Baez does not meet the requirements as lead counsel in a capital case, it increases the chances significantly.

Florida:

Rule 3.112 of the Florida Rules of Criminal Procedure (2000) outline the minimum standards for attorneys in capital cases: Lead trial counsel assignments should be given to attorneys who: are members of the bar admitted to practice in the jurisdiction or admitted to practice pro hac vice; are experienced and active trial practitioners with at least five years of litigation experience in the field of criminal law; have prior experience as lead counsel in no fewer than nine jury trials of serious and complex cases which were tried to completion, as well as prior experience as lead defense counsel or co-counsel in at least two cases tried to completion in which the death penalty was sought. In addition, of the nine jury trials which were tried to completion, the attorney should have been lead counsel in at least three cases in which the charge was murder; or alternatively, of the nine jury trials, at least one was a murder trial and an additional five were felony jury trials; and are familiar with the practice and procedure of the criminal courts of the jurisdiction; and are familiar with and experienced in the utilization of expert witnesses and evidence, including but not limited to psychiatric and forensic evidence, and have demonstrated the necessary proficiency and commitment which exemplify the quality of representation appropriate to capital cases. Trial co-counsel assignments should be given to attorneys who: are members of the bar admitted to practice in the jurisdiction or admitted to practice pro hac vice; who qualify as lead counsel under paragraph (c) of these standards or meet the following requirements: are experienced and active trial practitioners with at least three years of litigation experience in the field of criminal law; and have prior experience as lead counsel or co-counsel in no fewer than three jury trials of serious and complex cases which were tried to completion, at least two of which were trials in which the charge was murder; or alternatively, of the three jury trials, at least one was a murder trial and one was a felony jury trial; and are familiar with the practice and procedure of the criminal courts of the jurisdiction and have demonstrated the necessary proficiency and commitment which exemplify the quality of representation appropriate to capital cases.

Ann Finnell, Casey Anthony penalty phase attorney, is the only remaining lawyer on her team that meets the criteria- will Judge Perry order her to resume the defense?

Will whoever shows up at the “table against the wall” request a mistrial or simply a curative instruction? I have a couple of submissions I would like to offer, if that is the case.

Tune in at 8:30AM.

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363 Comments

  1. Starsky says:

    Okay, someone fill me in please. Who did JJ tape record? What did the tape recording provide to prosecutors?

  2. nana2 says:

    Defense still trying to get Cruz (Holloway) in so they can call her as a witness & talk about that ‘snowball’ statement..

  3. Riverpearl says:

    jb is really trying to get GA to admit to “It was an accident & it snowballed out of control”
    -and-
    Q’s about “his affair w/River Cruz”.

    Now JA is Q’ing him., short & direct.

    WHen did you meet her & did you ever “grab ICA my neck?”

    Now on witness stand CA… jb asking her if she told Hoover/Casey to search Suburan Drive …
    CA doing a lot of “lip smacking & clenched lips” …

    Q’ing her about “what LE took during 12/08 search of their home” …

    Q now about telling her son LA about sending Hoover/Casey to search & argument w LA …

    [Could this be what LA had to talk to DT about recently???

  4. Riverpearl says:

    Now LA on stand & jb clicking his pen ….

    Asking about argument or discussion w/CA & he just said he DID have “conversation” w/CA.
    [CA just said she did not have the conversation ...]

    LA saying “he was angry because looking for a dead Caylee was never considered before …”
    [again w/the anger issues...]

    Once more “upset about not being in the loop w/parents …”

    He is ACTUALLY laughing when FG asks him “if up until this time he had been believing all the lies his sister had told ?”

    A: [still smiling/smirking “Not exactly …”

    IMO Well, one more step in “let’s change up answers etc…”

    AJMO

    He said Cindy told him she got a psychic tip and sent Dom Casey to the woods with a video camera to look for Caylee.

    Well then, wth?
    B

  5. Riverpearl says:

    Here we go — RayK is called to witness stand & CM is going to Q him …
    [Looks as if he came w/his Attn -who walked in behind him]

  6. Riverpearl says:

    Error Excuse “RoyK” -not- “RayK’

    Sorry

    Thanks

  7. WPG says:

    Is this still a joke to you LA with your effing smirking, smiling and laughing? You make me sick. Stop sniveling about how YOU feel about left out. Think about CAYLEE who has been PERMANENTLY LEFT OUT, you POC.

  8. nana2 says:

    Kronk = hostile witness

  9. WPG says:

    LA, did you know the whereabouts or the general whereabouts of Caylee before she was found?

    Did your sister telling you place’s that mean something to your family, Caylee’s close to Home/HOLT, that Caylee’s LEVEL, ring some bells for you at any time?

    Were you ever happy about the pending arrival of your niece or when your niece came home?

  10. Charlotte says:

    Okay can someone please explain to me what is going on with the Lee/Cindy deal? Are they trying to get Cindy’s entire testimony thrown out so that the damaging portions are not kept in? I just don’t understand why Lee is trying to show that Cindy is a liar? Clearly they are not mad at each other and when someone crosses Cindy, she immediately turns on them?????? Blink???????

  11. Riverpearl says:

    ICA is soooo cool & collected while CM is talking “about a skull …”
    No tears from ICA for Caylee Marie …

    She seems so removed … she is so way over Caylee & appears to really wonder why “the death of Caylee is such a big deal since this is a private matter & was taken care of in 06/2008 …”

    And the whole anthony “family” is in court today … I would not be calm.

    AJMO

  12. WPG says:

    I can’t remember if the Ant’s or the PI’s would have had access to the “tips” or LE radio/scanner communications regarding August 2008 and Kronk.

    Does this sound familiar to anyone?

  13. Ragdoll says:

    MarkNeJameMark NeJame

    #roykronk is being criticized for calling 3 times. Thankfully he was diligent and kept sticking to his gut intuition. He found @caylee

    37 minutes ago

    http://twitter.com/#!/marknejame

    That dern testy trap ain’t snappin for ya, Mason?

  14. New Bee says:

    Is LA testimony a subtle way of acknowledging CA also a liar and to soften the blow coming from the new prosecutor witness’? Seems that way to me.

    Will the jury be able to decide which part of her testimony to believe or can they be told not to consider any of it?

  15. myers says:

    Mr Kronk comes across as a very good guy. As ICA sits there I wonder if she has any remorse for how many lives she has ruined. How can you sit there and let someone else take the rap for what you have done? Answer: She has no care or gives a sh!! As long as she gets off.
    The point made when Aston mentioned there were no bleach stains in the trunk is a good point. No one could have possibly used bleach to create chlorform. It is a given that the carpet would have been discolored.

  16. A Texas Grandfather says:

    Roy Kronk is just a meter reader. These jobs are first level jobs in a utility company. The fact that RK is still a meter reader at his age (based on appearance) tells me that he is not too smart. However, he does come across as an honest person. He also is a respectful person as he came to court in a coat and tie. However, he was smart enough to stop Cheney Mason for asking a poorly worded question and make Mason clarify it.

    What we have all found out from his testimony is the Orange County dispatch center is mostly asleep on the job. With a high profile missing persons case going on in the community and media all over the place two blocks away from the reported Surburban drive location, they respond by mostly doing nothing. This is a management problem.

    It was not until Mr. Kronk reported his concerns to his utility company supervisor in December and the supervisor called Orange county that something was done. It took a call from a management person at the utility company to make the OCSO dispatch center do their job. I would think, although this is speculation, that the utility company supervisor spoke to a supervisor at the dispatch center.

  17. Riverpearl says:

    So the DT has it sound if CA lied about Hoover/Casey, that GA lied about ‘the other woman’ & that LeeA is the shining beacon of honesty & truth ??

    The continuing DT ploy to show “the disfunction w/the Anthony family” ???
    So ICA is the only victim in this family ??

    AMO they can have each other, they deserve each other BUT this trial is for justice for Caylee.

    I am sooo over hearing/seeing the whiny faces of the Anthony’s … can hardly wait for the STATE’s rebuttal. Taking a comment [out of context but feel it fits] from JA “Bring it.”

    AJMO

  18. justice23 says:

    DEB1948 says:
    June 27, 2011 at 7:43 pm

    IMPORTANT…Cindys dog sleepy…could ICA have been testing the choloform on the dog, to see how long it would sleep???

    ———————-

    Now THAT is something I can believe!! Good catch, DEB … I honestly never thought of that, but OMG, that so makes perfect sense. Wonder if anyone in LE or any legal eagles have ever entertained that possibility as well? It’s the 1st time I have ever heard this mentioned, but something I can completely see as realistic knowing Casey. What better way to test it than on a dog? Wonder if Casey ever even entertained the idea that she might end up killing the family pet with such a stunt? (doubt it).

  19. lizzy says:

    Is the current best prevailing knowledge:

    1. That GA did or did not have an affair with with Krystal/River/whatever? 2. And that CA did or did not have an affiar with DC?

    Is it 1. No and 2. Yes?

    Tried to search for this in old threads, but not sure I found the latest informed thinking. Thanks.

  20. c10 says:

    holy cow – great testimony day HaHa, poor morally bankrupt Kronk huh baez, that went nowhere IMO, i just heard Jesse Grund is in the house, per HLN i think, this def. seems really lame – don’t see any holes being poked – except by a couple of boobs fumbling around in the woods, there has to be more to this def. right Blink and all?

  21. lizzy says:

    justice23 and DEB1948, That brings me back to my old question about just how many pets Casey had to bury, that she had a “pet cemetery” for them?

  22. WPG says:

    No one moved little Caylee after her mother threw her there.

    IMO, the jury already believes from the prosecuters case so far that Caylee was not moved (and the State hasn’t even finished presenting that).

    Mr. Kronk found the Anthony’s Caylee . . . at least a handshake from George would be in order.

    You would think, but I can assure you that is not forthcoming.
    B

  23. justice23 says:

    nana2 says:
    June 28, 2011 at 8:21 am

    Again from WESH reporter via Twitter

    ” Trying to secure official docs, but it appears to be a lawyer, systems engineer from Gentiva Health. #CaseyAnthony ”

    by oscaseyanthony via twitter at 8:58 AM

    ———————-

    Cindy is SOOOOO busted! Cindy meet destiny, ROFLMAO!

  24. c10 says:

    Texas G – i felt sorry for Kronk, seems a simple guy that simply stumbled into this whole mess, geez just confirms to people not to get involved out of the kindness of their hearts, i think we all know someone simple like this – it takes a different personality to step up and follow thru – enter supervisor

  25. nana2 says:

    @ ATG

    re: What we have all found out from his testimony is the Orange County dispatch center is mostly asleep on the job

    ~~~~~~~~~~~~~~~~~~~~~~~~~~~~~

    That is a truly sad fact & reference the very,very sad story of Denise Lee..

    http://www.msnbc.msn.com/id/25004051/ns/dateline_nbc-crime_reports/t/calls-distress/

  26. justice23 says:

    nana2 says:
    June 28, 2011 at 9:07 am

    From WESH.com via Twitter

    ” Your eyes aren’t playing tricks- there is a deputy much closer to #CaseyAnthony today- working on finding out why -jfell ”

    by cfnews13casey via twitter at 9:43 AM

    ———————————

    Wonder if it had anything to do with ICA’s little outburst on Friday/Saturday of last week we were privy to which showed the real Casey? Still not sure that little devil-horned moment was directed at Baez as LDB walked by right around the same time. Wondering if maybe it was directed at her. Definitely love lost between ICA and LDB, but I will bank my money on LDB anyday of the week, lol. Casey … your days are numbered. Start counting.

  27. c10 says:

    normal people would give a hug if some random anybody found their grand daughter, not happy she wasn’t found alive, but c’mon no agenda i believe, geez loser family – better to find her than not IMO

  28. mikki says:

    I hesitate to get too excited about the Gentiva witnesses being added to the list. Not that I don’t totally know that disgusting Cindy is a liar!!! Oh no — I just know this slimy defense and/or Cindy has some other story concocted to supposedly ‘explain’ away her perjury. Just sayin’…

    Anyone else thoroughly sick of CM’s ‘good-ol-boy’ style??

  29. Columbiares (Pam) says:

    Yeah, someone wanting to stay anonymous really is seeking fame and fortune for finding Caylee…eyeroll. Hope PT jumps on it!!

  30. justice23 says:

    Reported by Bob Kealing from WESH this morning on Twitter …

    bobkealing bob kealing
    #CaseyAnthony believe it or not a few jurors now looking bored. Mason so far not succeeding in making #RoyKronk the boogeyman.

    LDB, Jeff Ashton and Frank George … the “new” Dream Team! Bring it on, Ho-Say (Jose). The State is far from done here, LOL!

  31. nana2 says:

    @justice23 says:
    June 28, 2011 at 12:56 pm

    nana2 says:
    June 28, 2011 at 8:21 am

    Again from WESH reporter via Twitter

    ” Trying to secure official docs, but it appears to be a lawyer, systems engineer from Gentiva Health. #CaseyAnthony ”

    by oscaseyanthony via twitter at 8:58 AM

    ———————-

    Cindy is SOOOOO busted! Cindy meet destiny, ROFLMAO!

    ~~~~~~~~~~~~~~~~~~~~~~~~~~~~
    This will probably give her Excedrin headache # 1

  32. justice23 says:

    mikki says:
    June 28, 2011 at 1:03 pm

    Anyone else thoroughly sick of CM’s ‘good-ol-boy’ style??

    ———————-

    There are no words, mikki.

    I cringe every time he comes on and finally got so tired of him, I absolutely refuse to watch him anymore. He makes me ill.

    My husband came home for his lunch break the other day and was amazed I wasn’t planted in front of Court TV watching the trial as usual. He asked what the special occasion was and I told him Foghorn Leghorn was on so I was temporarily picketing the TV until his part was over. His response was, “But aren’t you going to miss something important if you don’t watch Mason too?” I told him “I’d rather poke pins in my eyes.” He got my point and stopped asking after that, lol.

  33. justice23 says:

    Picture taken right after Lee testified after Cindy and completely impeached her on the stand. Gotta love it! ROFL

    “No homemade family chili for YOU tonight, Lee. You’re grounded after that little charade.”

    http://yfrog.com/gyax7bej

  34. Charlotte says:

    Does anyone remember the video that they show on the news where Cindy says “If someone gives me some kind of proof that Casey did this and no one else, I will be the FIRST one to say she is where she belongs”. Anyone?

  35. justice23 says:

    According to InSession, Lee hasn’t been seen since lunch. No surprise there. Cindy’s venomous look toward him after his testimony wouldn’t have made me want to come back either, lol.

    Discord in the court? Understatement of the year.

  36. Sammy says:

    Below is a link to a graph/flow chart of the possible trial outcomes from the Orlando Sentinal today.
    If you click on the actual flow chart once you get to the page-it will enlarge it and it’s a great easy-to-follow map of what the jury will be deciding.

    “The DeWitt Law Firm put together this infographic of what might happen in the Casey Anthony Trial”

    http://www.orlandosentinel.com/news/local/caylee-anthony/os-casey-anthony-trial-possible-outcomes-062411,0,7769737.htmlstory

    http://media.trb.com/media/acrobat/2011-06/258384580-24093015.pdf

  37. nana2 says:

    This yelling at Kronk by Mason is probably going to make the jury feel sorry for Kronk as opposed to what Mason wants them to think & feel..

  38. justice23 says:

    Ya know … the more I look at George the more he makes me realize he reminds me of someone I’ve seen before in animated-like form but I just couldn’t put my finger on it until now. He looks an awful lot like the little green “Whos” from “The Grinch Stole Christmas” don’t you think? (side view)

    Sorry … I just really need some humor today guys :(

    http://yfrog.com/h2p42wdj

  39. Carol says:

    He reminds me of Max Headroom LOL (he was a late 70s or 80s character.

  40. Sammy says:

    One of the TH’s said today said that the defense team has given up focusing on the crazy opening statements remarks about George – that they can’t go anywhere with that w/o Casey getting on the stand.
    So instead …
    “The defense team is re-arranging the deck chairs on the Titanic” in regards to their opening statement.
    hehe … too funny!!

    Their analysis was that the defense will now focus mainly on a defense of: “see our client came from a totally dysfunctional family – that’s why she did it.”
    Because this is ALL the defense has to work with.

    Continued with … that’s why the defense intentionally called George, Cindy and then Lee this morning.
    Lee basically calling his mother a liar on the stand – and then returns to his seat in the gallery right with the family was to show how bat-shit crazy the family is.

    (my take …)
    Well boo hoo Casey Anthony.
    Many people have come from much worse dysfunctional environments – and have lived productive lives.
    They have not gone on to murder a sweet innocent child.
    I can’t see a jury buying any of this. No way.

    I feel for Mr Kronk.
    Mason with his blustering and boorish questioning will turn off the jury.
    Mr Kronk comes off as “every man” … a normal working man just making a paycheck who happened to be the one that thankfully found little Caylee.
    His calm frankness on the stand is wonderful.
    He’s not falling into any traps that Mason is trying to set for him.
    Just makes Mason look more the fool.
    His attorney has prepped him well.

  41. c10 says:

    everything mason is bringing up re: kronk is a bust! who cares if he was still upset by that One officer, who cares if he jokes about a reward – imagine how our guts would be churning if it was us that had found her, imagine trying to shake that visual – your staring at it and pow your eyes and brain connect and you realize what you’ve just found, i can imagine -some- joking around just to try to stay calm and diffuse the situation, he found a small child’s skull for God’s sake, cut him some slack jackhole, anyone understand what i’m trying to say?

  42. WPG says:

    justice23 says:
    June 28, 2011 at 1:26 pm
    “Ya know … the more I look at George the more he makes me realize he reminds me of someone I’ve seen before in animated-like form but I just couldn’t put my finger on it until now. He looks an awful lot like the little green “Whos” from “The Grinch Stole Christmas” don’t you think? (side view)”

    Yes, yes! As a matter of fact when ICA would pull her sleeves over her hands I would think there’s the Whoville look again!

  43. c10 says:

    Kronk even apologized, Very Sincerely IMO, for putting meter stick thing in skull, my gosh i believe he feels bad about that

  44. justice23 says:

    Carol says:
    June 28, 2011 at 1:35 pm

    He reminds me of Max Headroom LOL (he was a late 70s or 80s character.

    —————————-

    Yeah, he kinda does! I remember him too (dating myself here, uh-oh, lol).

  45. WPG says:

    Hmmm, probably not relevant that Kronk will be asked if any of the Anthony’s every thanked him for finding THEIR Caylee.

  46. justice23 says:

    Blink

    Won’t the fact that the Duh-fense is obviously scurrying about just trying to find a defense they think might work for their client in the middle of trial weighing heavily against them this late in the game at this point with the jury?

    I mean, c’mon … Baez and company sure made some outrageous claims in openings statements they now know they will never be able to back up (without putting Casey on the stand which they know will be a slaughter, bless Jeff Ashton’s heart, LOL) so they’ve kinda backed themselves into the proverbial corner.

    As a result, now they appear to be changing strategies right in the middle assuming the jury will actually buy what they are selling but IMO, the jury is still waiting for the opening statements to pan out somehow, somewhere to no avail.

    Doesn’t this all bode very badly for the DT? It can’t be believable if you keep changing directions mid-stream, that’s just logical. I would think after opening statements they are basically married to that theory and cannot reasonably change it without some backlash from the jury, am I wrong?

    I have decided I must be the idiot around here. WTH would anyone whose defense theory is that Caylee was put in the woods just 2 weeks before she was found want to prove she was really there in August, and potentially skeletonized.

    B

  47. justice23 says:

    WPG says:
    June 28, 2011 at 1:49 pm

    Yes, yes! As a matter of fact when ICA would pull her sleeves over her hands I would think there’s the Whoville look again!

    ———————————

    Cindy kinda fits right in as well, don’t you think? I think it’s the Anthony nose thing, LOL

  48. justice23 says:

    “Arranging deck chairs on the Titanic” LOL.

    I absolutely love Casey Jordan (the one who originally made this statement). Too bad she has the same name as the evil spawn who is the accused. If having the 1st name as Casey Anthony isn’t a legitimate reason to legally change your name, I don’t know what is. The name Casey will forever be tainted for me.

  49. lizzy says:

    And here I was thinking that knowing who Max Headroom was made me feel YOUNG. Oh, hear. Don’t see that resemblance, though I do see the Who/GA connection.

    I’ve been thinking about the jury during this testimony, and the possibility of them finding Casey guilty based on the circumstantial evidence. Did any of you see the jury interviews from the Mark Wangler case in Ohio earlier this year? I watched a brief interview with 3 of those jurors again this morning (but can’t find the video clip back right now). Those jurors seemingly had no problem with finding Dr. Wangler guilty, even though they couldn’t come up with a real theory of exactly how he did it. The details didn’t matter. If I had been on that jury, the fact that anesthesiologist Dr. Wangler just coincidentally happened to have a towel stuffed under his door (due to a stinky toilet that he wanted to keep the odor away from the rest of the house?) when there was an unidentified carbon monoxide link would have played a huge part in my thinking. I think the 31 days here is at least at the same level.

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