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Thursday, April 14, 2011

Cops that Sexually Offend! - XXVII - 2011

April 12, 2011


NEW YORK (WCJB) – A major ticket-fixing scandal has rocked the NYPD. Sources said on Monday that grand jury indictments are expected “shortly” and that as many as 40 cops could face the music in the Bronx alone.

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Top News Story!

ConVideo Sex!


Posted: Mar. 28, 2014 @ 8:59 pm - Updated Apr. 2, 2014 at 10:18 PM PDT

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PEORIA, Ill. — John T. McCavitt, 32, a Peoria police officer who was acquitted of rape charges last week, has been arrested again. The new arrest stems from a different incident than the one for which he was previously charged, said Peoria police Capt. Mike Eddlemon. He was arrested this time in connection with video recording a different alleged victim without permission. “We discovered some more information that hadn’t come to light, which led to the new criminal case,” Eddlemon said Friday. “It’s a totally different victim.” Eddlemon said the alleged unauthorized video recording took place at McCavitt’s home on Westaire Avenue last year.

The evidence for the new case was uncovered during an internal investigation into McCavitt, which commenced after the criminal case concluded. McCavitt of 1710 W. Westaire Ave. was booked Friday into the Peoria County Jail on a felony charge of unauthorized videotaping. McCavitt was taken into custody at 7:35 p.m. Friday in the 5900 block of North Sherwood Place, according to a news release from the department.

The trial on the rape case commenced last week. McCavitt accused of sexual assault showed emotion for the first time in his two-day trial when the judge read the not guilty verdict. He was acquitted of charges of aggravated criminal sexual assault and criminal sexual assault after only a half hour of jury deliberation. The 12 jurors, including eight women, heard from both McCavitt and his accuser during two days of testimony. The state rested Wednesday morning, and the defense called only two witnesses, McCavitt and his live-in girlfriend to recount their version of the events that occurred July 16 and 17.

His alleged victim was an acquaintance who had been out drinking with McCavitt and his live-in girlfriend on the night of July 16 before the trio ended up back at McCavitt’s home early on the morning of July 17. The woman testified she went to sleep in a spare bedroom fully clothed and woke up in restraints before she was sexually assaulted. She claimed she “played possum” while she was being raped out of fear. The day after the alleged rape, McCavitt called in sick for his patrol shift, would not answer the door for Illinois State Police investigators and attempted to delete files from his phone and computer, according to court documents and trial testimony.

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McCavitt admitted in testimony last week that he did not have his alleged victim’s permission in that case to take photographs or video recordings of their sexual encounter. McCavitt, however, told jurors the sex was consensual after she flirted with him, and he stopped and removed the restraints when the acquaintance asked him. The jury deliberated for only 40 minutes March 19 after a two-day trial before acquitting McCavitt of a charge of sexual assault.

When the allegation of sexual assault surfaced in July, the Illinois State Police were called in to investigate. McCavitt was placed on paid administrative leave. McCavitt remains on leave from the department and will be kept on that status until the new criminal charges are resolved. The Peoria Police Department by policy waits to conduct an internal investigation until pending criminal matters against officers are resolved.

Blue Sex Assault!

San Diego PD!

February 25, 2014

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SAN DIEGO, CA — A Superior Court judge Tuesday overturned convictions on two counts against former San Diego police officer Anthony Arevalos. Arevalos was sentenced to nearly nine years in prison for sexually assaulting and harassing women while on patrol. The assaults took place during DUI traffic stops in the Gaslamp District. Arevalos was convicted in November 2011 of felony and misdemeanor charges involving five women, including multiple counts of sexual battery by restraint, asking for a bribe and assault and battery by a police officer. He was acquitted of other serious charges involving two other women. The two counts in question were sexual battery by restraint and assault and battery by a peace officer. Arevalos was given three years on the sexual battery conviction and a consecutive eight months for assault and battery.


Arevalos sought a new trial because handwritten notes from his main accuser were not turned over to the defense. The notes surfaced during a federal lawsuit the woman has filed against the city of San Diego. The 4th District Court of Appeal ordered a hearing before Fraser to determine whether Arevalos should get a new trial because notes written by “Jane Doe” right after her encounter with the defendant were not turned over to the defense at trial.

Nowhere in the handwritten notes does she say that Arevalos actually touched her genitalia, the defendant’s appellate attorney argued before Fraser. Arevalos’ trial attorney testified that the notes would have been key in defending Arevalos, since he did not admit to touching Jane Doe’s genitalia during a “pretext” call set up by police. “He doesn’t say I touched it,” the attorney testified at the hearing. “These notes would have given me ammunition. This is very powerful. I’m supposed to have it. It would be huge that he didn’t touch her.”

Deputy District Attorney Martin Doyle argued that the notes not being produced was not enough to warrant a new trial for Arevalos. The prosecutor noted that Jane Doe didn’t initially tell her boyfriend or others about being touched by Arevalos, but jurors still found her testimony credible. Doyle said mistakes are often made by both sides at trial, many of them resulting in harmless error. “He (Arevalos) was entitled to a fair trial, not a perfect one,” Doyle told the judge. The prosecutor said having Jane Doe’s notes wouldn’t have made a difference in the jury verdict.

Judge Jeffrey Fraser wrote in his 12-page ruling that. “... the omission of the vaginal touching from her notes supports the claim Jane Doe fabricated the sexual battery offense in order to bolster the criminal case and her civil suit against (the city).” Fraser also wrote that because she was the only live witness to any alleged vaginal touching, “she was such a critical prosecution witness that if the jury did not believe her, the jury would not have convicted (Arevalos) on these counts.” The judge noted that the defense might have been alerted to the notes’ existence by a police sergeant’s statement, so it does not appear that prosecutors intentionally withheld them. Fraser concluded that he was not confident a jury would have convicted 18-year veteran Anthony Arevalos on those counts if his defense team had access to the notes.

The judge said Arevalos should be resentenced on the remaining counts on which he was found guilty.

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April 15, 2011

A veteran San Diego police officer, charged with demanding sexual favors from women after traffic stops, has been fired, police officials announced Friday. Anthony Arevalos, 40, an 18-year veteran, faces felony charges involving at least five women who say he demanded sex after stopping them for alleged traffic offenses. He has pleaded not guilty and is free on bail.

Arevalos (pictured left) an 18-year veteran of the SDPD, was arrested March 11 after a woman accused him of sexually assaulting her during a traffic stop in the Gaslamp Quarter. Four other women came forward and accused Arevalos, 40, of trying to elicit sexual favors during traffic stops in the same area. He had been suspended from the department prior to being terminated. Arevalos has pleaded not guilty to 18 felony counts, including sexual battery, false imprisonment, assault under color of authority and accepting a bribe.

If convicted, he could be sentenced to more than 11 years in prison.

In recent months, four other San Diego police officers have been accused of various crimes, including DUI, hit-and-run, domestic abuse, rape and stalking a fellow officer.

NYPD!


Secret Confessions!


April 15, 2011

NEW YORK (WCJB) — For the first time after the alleged rape more than two years ago, Officer Kenneth Moreno and Officer Franklin Mata came face to face with their accuser. Moreno is accused of then raping the woman while Mata served as a lookout. The 29-year-old fashion executive was very emotional when she took the stand, reliving that night in December 2008. The young woman described a day and night of drinking with friends to celebrate her new job in California.

She claimed to begin drinking at noon, leading to a night of champagne, Jägermeister and vodka. The woman said she was so drunk she has no memories of how she arrived at her East Village apartment later that evening. Testifying she blacked out numerous times, the victim said she did recall two police officers helping her out of a cab and leading her up to her apartment.

( Accused NYPD Officers Kenneth Moreno (L), Franklin Mata (R).)

Of her few memories, the woman said she remembers being shaken out of her stupor by someone rolling her tights down her legs. She said she heard clothes rustling and Velcro ripping before passing out one more time. “I woke up to being penetrated from behind,” she said. The woman said she was helpless and could not cry out for help. “I was so intoxicated, I was dead weight. I couldn’t move, or do, or say anything,” she said.

Assistant District Attorney Coleen Balbert broke up the questioning to play surveillance video of the woman and the officers, from two different angles outside her building. All of it was obviously painful. The jury was riveted as the woman broke down several times, clutching tissues, struggling to continue. Then came her recollection of waking the next day. “I remember lying face down on the bed. I was naked except for my bra,” she said. When asked how often she sleeps naked, the woman said, “Never! I saw the light from the morning … and I felt the shock of the rape. I felt like I had been penetrated. My body felt like someone had sex with me.”

Late in the day a 20-minute audio tape was played for the jury. It was made ten days after the incident as the accuser wore a wire and confronted Moreno outside of the 9th Precinct.

“You’re asking me to admit to something that never happened,” Moreno said on tape.

“Did you use a condom?” the woman asked.

“Yes, yes I did,” Moreno replied.

Earlier in the trial, the jury heard 911 tapes after prosecutors said Moreno and Mata called police pretending to be citizens and reported phony situations that required police attention in order to keep themselves in the vicinity of the East 13th Street building where the alleged rape occurred.

April 14, 2011

Officers Kenneth Moreno and Franklin Mata are charged with rape, burglary and misconduct in the December 2008 incident. They responded to a 911 call from a cabbie who said his fare was too drunk to exit his taxi, and they escorted the woman to her apartment. The 29-year-old woman told the jury in state Supreme Court in Manhattan that she vomited and repeatedly passed out during the evening, waking once to the sensation of someone removing her tights. She said she heard "the rustling of clothing and very loud Velcro ripping."

Bulletproof vests worn by city police officers are fastened with Velcro, prosecutors have said.

"I was so intoxicated I couldn't say or do anything," the woman said. "My body was complete dead weight."

After passing out again, the victim said, she later woke up when she was being raped.

"I woke up to being penetrated from behind," she said.

Twice during her testimony the woman became so distraught that her statements were unintelligible, and Judge Gregory Carro ordered a break in proceedings to allow her to regain composure.

Both officers face up to 25 years in prison if convicted of the charges. Moreno is accused of raping the woman and Mata of standing lookout, making him culpable in the crime.

A nearby bar's security cameras captured images of Moreno and Mata helping the woman into her building and then returning at least twice later that night, authorities said.

The two officers were arrested in April 2009 after the victim secretly taped a conversation with Moreno outside his police precinct, in which he said he wore a condom during the incident, authorities said.

Moreno's defense lawyers contend he was merely trying to calm the victim and keep her from causing a disturbance at the police station.

Moreno denies raping the woman, and has said he was simply comforting her because she was upset about drinking too much.

April 12, 2011

NEW YORK (WCJB) – Officers Kenneth Moreno and Franklin Mata, pretending to be citizens, called 911 and reported phony situations that required police attention in order to keep themselves in the vicinity of the East 13th Street building where the alleged rape occurred. Moreno and Mata were called to help the alleged victim out of a cab and into her apartment after a night of heavy drinking in December 2008. Moreno is accused of then raping the woman while Mata served as a lookout.

LISTEN: 911 call that prosecutors say was made so officers could return to the alleged victim’s apartment.

In one call to 911, in a tape played for the jury, a man who identified himself as “John Edward” reported a homeless man snoring in the entrance to a building on East 13th Street. The call was made at 1:47 a.m. on December 7, 2008.

When another radio car offered to handle that one, the accused officers jumped on the radio saying ‘Oh no, we’ll go,’ Cornell reported.

(On trial: New York policeman Kenneth Moreno, 43, left, has been charged with raping a drunk woman in her flat while colleague Franklin Mata, 27, right, stood guard.)

Below is the surveillance videos of the officers entering and leaving the building four times over several hours, on the night of the rape.



April 11, 2011

Defense attorneys for the cops charged in the sexual assault of a Manhattan woman tried to undermine a witness who testified Monday that the accuser told her "a cop raped me." Suzanne Zaretsky was the third friend of the East Village woman to testify at the trial of Officer Kenneth Moreno, who is accused of rape, and Officer Franklin Mata, who allegedly served as a lookout. "She did say I was raped by a cop," Zaretsky testified, recalling how her friend knocked on her door on Dec. 7 just hours after the alleged rape.

Moreno's lawyer contends there was no rape and the accuser was too bombed to remember what really happened. The Defense attorney for Moreno also pointed to investigators' notes in which Zaretsky claims the woman blurted out, "Where is Lizzy? I think something bad happened." Zaretsky said she didn't remember using those words in talks with detectives. Mata's lawyer insisted the accuser actually told her, "I think something bad happened."

"No," Zaretsky insisted. But when asked why she told a grand jury that her friend "believed" she had been raped, Zaretsky said she didn't know why she used that particular word. But she said it was her word - not her friend's.

On Friday, witness Megan O'Leary testified that the accuser told her definitively that she's been raped by a cop. "I can't believe this happened," the woman said, according to O'Leary. "I can't believe they did that." Her testimony came a day after the accuser's boss at Gap Inc. testified she said she was raped and that a cop was the culprit. That undercuts defense claims the 29-year-old woman, who was very drunk that night, told friends she wasn't sure she was raped. Prosecutors say Moreno forced himself on the victim while she was passed out while Mata allegedly kept a lookout.

The cops were summoned to the woman's E. 13th St. building after her cab driver called 911 for her. They helped her inside and stayed for seven minutes. Records showed they returned to her pad three more times that night. Defense lawyers say that the cops were just checking up on the woman.

Last updated: 11:09 AM PDT - 8th April 2011


The Gap fashion executive accusing two policemen of rape has been shown walking steadily up to her door in previously-unseen surveillance footage in court. Witnesses have said the 28-year-old was so drunk she could not even stand up before the alleged New York rape by NYPD cops Kenneth Moreno and Franklin Mata. The video did show accused rapist Moreno and lookout Mata making three return trips in five hours, but the policemen are hoping the 2008 CCTV tape will help their case.

The woman’s taxi driver and three of her friends have so far told jurors that she was a drunken wreck after a night of champagne and five Jack Daniel's and Red Bull drinks. But the video footage seems to show the woman animated, walking steadily and talking with Mata while extending her hand in a conversational gesture. Mata places his hand on the woman’s back as she approaches the door and Moreno follows them behind, according to the tape shown in New York's Supreme Court. She is then seen pushing her own door in East Village, reported media sources. Moreno and Mata, charged with conspiring to rape the woman, deny intercourse that night and hope they will not be convicted if intoxication cannot be proven. But prosecutors Coleen Balbert and Randolph Clarke have promised much evidence proving she was too drunk to consent, such as test results for blood-alcohol content. Prosecutors claim a taxi driver called 911 to say she was too drunk to get herself out of a taxi. Their case rests on the woman being too drunk to consent to having sex. The officers helped her into the flat but later returned and Moreno raped her while Mata stood watch, prosecutors said. ‘She seemed intoxicated,’ one visitor to her flat said. ‘By her appearance. The way she's walking. The way her heels sounded.' The woman’s boss also cried as she told jurors earlier in the trial that the woman was ‘devastated’ and ‘demoralized’ after the incident. One defense attorney has previously claimed the woman only became '100 per cent positive' she was raped after filing a $60 million lawsuit against New York City. Moreno and Mata deny all charges, including rape and burglary. The trial continues. April 6, 2011 NEW YORK (WCJB) – Testimony resumed in the shocking rape trial of two NYPD officers Tuesday. Prosecutors allege officers Kenneth Moreno and Franklin Mata (pictured below) helped an inebriated 28-year-old fashion industry executive out of a cab in December 2008 before Moreno allegedly raped her inside her East Village apartment while Mata served as a lookout.The officers were called to help the alleged victim, who was inebriated after attending her own going away party, get inside her apartment. Two of the victim’s friends, who had been at the party, took the stand Tuesday. Kendra Taylor testified that shortly after midnight the accuser wanted to go home because she wasn’t feeling well. Laurie Simi described the victim as intoxicated, stumbling and unable to stand on her own as they tried to get her into a cab. “I thought she was intoxicated. Any time you have to walk someone to the sidewalk, and then put them in a cab, they’re not OK,” Simi testified. One Defense attorney argued that the woman was coherent. “While there’s no doubt alcohol was involved in this case it wasn’t to the point that it rendered someone unconscious,” he said. Another Defense attorney claimed the victim was not out cold. “If someone is intoxicated, part of the law involves their ability to communicate and here we’ve got every witness that’s able to communicate with her just fine,” he said. Assistant District Attorney Randolph Clarke called the cabbie, “Kofi,” to the stand. He testified the woman was so drunk on the way to her East Village apartment, she threw up on the street in Brooklyn, and then on the Manhattan Bridge. “She asked me if I could stop the car so she could vomit. I said no,” the cabbie said, adding when asked what happened next, “She make a noise like she vomit, in the car.” When asked what happened at her building, the cabbie said, “She asked me for assistance, to get out the cab. I say no. I call 9-1-1.” However, one defense attorney said a security video will show a jury that the accuser was able to make it into her apartment without assistance. “They’re going to see the complaining witness walking on her own, in high heels, into a building, up three flights of stairs, on her own,” he said. The officers were recorded on surveillance video making four visits to the victim’s apartment that night.
On Monday, one defense attorney told the jury the officers returned because Moreno is a recovering alcoholic who was really trying to help, claiming the woman told Moreno: “She was upset that she drinks too much. (She) was comforted by Officer Moreno. (She) asked him to come back. Why did he come back again and again? Would a rapist do that?” And then came a bombshell from the defense lawyer. “She became flirtatious with Officer Moreno in that apartment. He made a conscious decision to succumb to physical contact with her. But he did not have sexual intercourse with her!” he said. There is no DNA in this case. Prosecutors said that through their actions the officer’s “targeted two things: the sanctity of our bodies, and the sanctity of our homes” and turned the woman’s celebration into a “night of horror.” Prosecutor called the officers’ actions ”calculated” and “predatory.” Prosecutors likely will try to use Moreno’s own words against him, statements he made to the alleged victim while she was working with the D.A.’s office and wearing a wire. Moreno repeatedly denied the rape, saying “You’re asking me to admit to something that never happened.” But when pressed, and asked if he wore a condom, he replied: “Yes, yes I did.” April 4, 2011 New York, NY (WCJB) - A drunken fashion executive assaulted by an on-duty police officer was unsure whether she was actually raped, a court heard today. NYPD policemen Kenneth Moreno , 43, and Franklin Mata, 27, helped the woman out of a taxi in 2008 before Moreno raped her and Mata stood as watch, prosecutors said. But the 27-year-old was doubtful of what happened after running upstairs to tell her New York neighbours she been attacked, an attorney defending Officer Moreno, told a jury. Both officers are on trial in the state Supreme Court after they were summoned by a taxi driver to help the drunk woman get out of his cab in Manhattan. The woman had just attended a going-away party but ‘what started out as a day of celebration turned into a night of horror’, Randolph Clark, prosecuting, told the court. She remembered lying face down on her bed, hearing a police radio, her tights being pulled down and waking up naked aware that she had been raped, Mr Clarke said. CCTV footage allegedly showed the officers attending the scene four times, although her memory of what happened on those visits is sporadic. ‘But she does remember being offered a glass of water, being picked up off the floor of her bathroom, and being face down on her bed,’ Mr Clarke said. ‘She remembers her tights were taken down. She remembers the sound of Velcro (and) being penetrated,’ he said. ‘She could not stop the abuse. She was helpless.’ The woman secretly taped a conversation with Moreno, who allegedly said ‘nothing happened’ - although when she him asked if he had used a condom, he said ‘yes’. But Moreno’s lawyer claims they did nothing illegal. ‘She wasn't even sure that she was raped,' he said. 'She told them she thought she was (and) believed she was. ‘If she can't say without conviction that she was raped, how are you going to say it beyond a reasonable doubt?’ But the two officers committed ‘unspeakable acts of brutality’ and were ‘supposed to be the ones to protect us,’ Mr Clarke told the court. Moreno and Mata are both contesting charges including rape and burglary. Mata is accused of standing guard, but this is seen as him acting together with Moreno. The woman only became sure she was a rape victim after filing a federal lawsuit of more than $60 million against the NYPD, a defense attorney told the court. 'When did that become: "I'm 100 per cent sure that I was raped?"' he said. 'She has millions, millions of reasons to do away with what was once a "maybe" in her eye.' The trial continues.

Rape Duo!

Officer showed anger, boredom during rape!

Published: April 14, 2010 Updated: April 15, 2010 10:58 a.m. RANCHO CUCAMONGA, CA – A Westminster police officer veered between anger and boredom as he raped a woman inside the victim's car, beating the 25-year-old mother with a closed fist, choking her, and playing with his gun, according to a police report of the allegations. Previously unreported details from an Ontario Police Department account of the attack – allegedly by Anthony Nicholas Orban, a detective with the Westminster Police Department and a former Marine – paint a disturbing picture of events that could put Orban behind bars for life. Orban has pleaded not guilty in the April 3 rape and carjacking and are being held at the West Valley Detention Center in Rancho Cucamonga in lieu of $2 million bail. During the assault outside a storage shed in Fontana, police allege, Orban used his cell phone to snap pictures of the attack – behavior "consistent with a sex offender who wants to keep a souvenir of his superior accomplishments,'' according to the police report, based on interviews with the accuser and the two defendants. Orban, who is married and lives in Irvine, is accused of carrying out what the attacked woman portrays as a brutal, terrifying assault after he forced her into her SUV at gunpoint when she left her restaurant job at Ontario Mills Mall at around 5:30 p.m. At first, Orban appeared to be "extremely angry" as the two drove away, according to the report. Fearing for her life, the report said, the woman acted calm, which appeared to calm Orban down, too. After a short drive, Orban promised to let her go, she told police. The woman, who told police she had never met Orban or Jelinek before, pulled off the I-15 freeway in Fontana into a parking lot next to a Denny's, the report says. Orban spotted an ambulance in the parking lot and told her to drive to a different section of the lot, and she pulled in front of a storage business, she told police, according to the report. The victim talked about her child and other personal matters as Orban continued to waver on letting her go, she told police. Orban, who has a tattoo of a nude woman on his left forearm, smiled and asked if she was scared, she said, according to the police report. Orban then said he would let her go, "but she had to do something before he left," she told the police, according to the report. He unbuttoned his pants and told the woman to orally copulate him, she told police. On about seven more separate occasions, while the woman was orally copulating him, Orban would slap her face or snap his fingers to get her to stop and start, she told police. "It appeared he was doing this to manipulate her fears," the report said, citing the interview with the victim. At one time, according to the accuser, while forcing her to have sexual intercourse with him in the back seat, Orban played with his .45-caliber semi-automatic handgun and a bullet fell out of the chamber, she told police, the report said. On another occasion, Orban set his weapon down in her child's empty car seat, she told police. "The victim said during the entire assault Orban appeared to get bored very easily and would slap her to see how she reacted," the report said. "The victim said it appeared Orban was getting a thrill out of seeing the fear on her face." While attempting another sexual act on the victim, according to the report, Orban became violent when he could not maintain an erection, she told police. He punched the woman with a closed right fist on the right side of her face twice and "it appeared he was getting pleasure from hurting her," she told police. He then punched her so hard in the stomach that "she felt as if she could not breathe," the report says. Later that night, after his arrest, Orban told police he had been having erection problems for the past year, according to the report. Orban also told police that he had taken two anti-depressants that morning, Zoloft and Neurontin, before spending the hours leading up to attack drinking beer and margaritas with his old friend, Jelinek. At least twice during the rape, Orban threatened to shoot the woman, and he put the barrel of his gun inside her mouth once and rubbed the weapon on the side of her face "in an effort to scare her," the report says, citing the interview with the victim. He also tried to choke the woman, she alleged – at one time jamming his thumbs close to her esophagus so hard she thought she was going to lose consciousness. Another time, Orban stuck two fingers down her throat to gag and choke her, she told police, the report says. The attack ended when Orban, after letting the woman get dressed, got distracted by cell phone calls, she told police. She bolted from her unlocked back door to a nearby liquor store and told the clerk to call police. Orban grabbed the woman's keys and called Jelinek to pick him up at a gas station next to the Denny's, according to the police report. But Orban left behind, in the woman's car, his service weapon and sunglasses – and the bullet, the report says. The woman's keys later were found in the possession of Jelinek, according to the report. Jelinek told police that he and Orban spent Saturday "stalking cute girls," but that he should have stopped the attack from unfolding. "I should have done more," he said, referring to the moment when Orban is alleged to have forced himself into the woman's car at the mall, the report said. Asked what he meant, he said, "Call the cops." From her perspective, though, the woman who reported the attack thought Jelinek, a correctional officer at the Chino Institute for Men, didn't appear to be too concerned when Orban carjacked her. She said Jelinek laughed – "like he didn't seem to give a (expletive)," according to the police report. Jelinek later told police he received photos of the assault on his phone, sent by Orban. One text message from Orban read, "Look what I'm doing," according to the police report. Jelinek, of Ontario, said he knew it was a crime to pick Orban up after the assault and that he felt he was an accessory to the crime, according to the police report. He also admitted to erasing text messages from Orban. At one point during his interview with Ontario police, Jelinek said he "knew he had ruined his career as a correctional officer," according to the report.

Guilty!

Jeff Thomas Jelinek

April 7, 2011 RANCHO CUCAMONGA, CA – A former correctional officer charged in the kidnapping and rape of a young mother in Fontana last year has pleaded guilty and will testify against his co-defendant, an ex-Westminster police detective who faces life in prison for allegedly carrying out the brutal attack. Jeff Thomas Jelinek, 31, who as an alleged accessory was facing a possible life sentence, instead will serve 5 years 4 months in state prison in exchange for taking the stand against his longtime friend, Anthony Nicholas Orban, 31, at a trial expected to start next month. The plea agreement was reached Wednesday in San Bernardino County Superior Court. (Ontario Police booking photos of Anthony Orban (left) and Jeff Jelinek.)Jelinek, originally charged with rape, kidnapping and other felonies stemming from the April 3, 2010 attack, pleaded no contest to assault with a deadly weapon, accessory after the fact, and false imprisonment, according to court records. The other charges were dropped. San Bernardino County Deputy District Attorney Deborah Ploghaus would not comment on the details of Jelinek's planned testimony. Jelinek is scheduled to be sentenced May 4, but that date will be carried over until Jelinek completes his testimony, Ploghaus said. A firm date for the trial to start before Judge Stephen G. Saleson in Rancho Cucamonga has yet to be set. An attorney representing Jelinek, of Ontario, could not immediately be reached for comment Thursday. Jelinek and Orban, a Marine before he became a police officer, have been held on $2 million bail since being accused of spending the day drinking and stalking women in the Rancho Cucamonga area before happening upon their victim and raping her after she left her waitressing job at the Ontario Mills Mall. Both Orban and Jelinek, who at the time was a prison guard at the California Institution for Men, were off duty but carrying their service weapons when the kidnapping and attack occurred, according to Ontario police and prosecutors. Orban is accused of forcing himself into the 25-year-old woman's car at gunpoint while Jelinek stood by, and then ordering her to drive to a parking lot in a Fontana business park, leaving Jelinek behind. Orban then allegedly spent two hours raping her, beating her, choking her and threatening to kill her with his service weapon – at one time placing his gun in the car seat used by her child, according to an Ontario Police Department report and testimony at a preliminary hearing. Jelinek tried to cover up for Orban after both were arrested later that night by erasing some text messages Orban had sent during the attack to Jelinek's cell phone, according to prosecutors. During the rape, prosecutors allege, Orban took pictures and sent the images on his cell phone to Jelinek. One message accompanying an image said, "Look what I'm doing," according to the police report. The attack ended when Orban, after letting the woman get dressed, got distracted by cell phone calls, the victim told police in an interview. She bolted from the unlocked back door of her SUV and fled to a nearby liquor store, where she told the clerk to call police. Orban grabbed the woman's keys and called Jelinek to pick him up at a nearby gas station, according to the police report. But Orban left behind his service weapon and sunglasses in the woman's car, the report says. Orban's name was written on the barrel of the gun, and a bullet that dislodged from the chamber also was found in the woman's car, according to the report. The woman's keys were found in Jelinek's possession, according to the police report. Orban and Jelinek were arrested later that night after Orban's wife called police to report his gun was missing and police were interviewing Orban and Jelinek at Ontario Mills Mall. During the interview, the victim was brought to the scene in a police car and she identified the two as her assailants. Orban's attorney, was not immediately available for comment Thursday. He is expected to mount a "mental defense," citing medications Orban was taking, as well as lingering signs of post-traumatic stress disorder from his time as a Marine, as possible explanations for what Orban's attorney has characterized as aberrant behavior. Before his arrest, Orban had no criminal record. In his interview with Ontario police, Orban said he had taken two medications the morning of the attack, Zoloft and Neurontin, before drinking beer and margaritas with his old high-school friend, Jelinek.

On-Duty!

5:46 p.m. CDT, April 8, 2011 DURHAM, N.C. (WCJB) — A sergeant with the Durham Police Department has been accused of kidnapping and sexual assault while on duty. Media sources reported Sgt. Lester Rhodes was arrested on Friday and charged with first-degree kidnapping and first-degree sexual offense against a male. The incident is alleged to have occurred on Sunday while Rhodes was on duty. Police said they began their investigation after receiving a complaint. Police did not release any other information as the investigation is ongoing. Rhodes (Durham Police booking photos of Rhodes, pictured above, center.) who joined the department in 1996, was placed on administrative leave with pay. He was given a $1.25 million bond.

Custom & Policy!

April 5, 2011 WESTMINSTER, CA – A U.S. Customs and Border Protection officer was charged Monday with sexually assaulting women in Garden Grove and Long Beach. Miguel Lerma Jr., 31, of Fountain Valley was charged with three felonies, including one of forcible rape, on one woman and one felony count of rape by use of drugs on the other victim. If convicted, he faces a maximum sentence of 32 years in state prison. Lerma's (pictured left) Monday arraignment was continued to April 18 at the West Justice Center. He is being held in lieu of $1 million bail. Lerma was arrested in March 2011, at his Fountain Valley home after DNA evidence tied him to a 2010 sexual assault in Garden Grove and another about a year earlier in Long Beach, authorities said. Lerma met a woman while she was out drinking with a friend in Long Beach on Sept. 10, 2009. Over the course of the night, the woman became intoxicated and blacked out, prosecutors said. While she was unconscious, prosecutors say, Lerma raped her. The woman reported a rape, and Lerma was interviewed and submitted a DNA swab as part of the investigation, according to a news release from the Orange County District Attorney's Office, which is prosecuting Lerma for the Orange and Los Angeles county incidents. On Nov. 14, 2010, Lerma is accused of picking up a prostitute and driving her to an industrial area in Garden Grove. The victim became frightened and tried to get out of his vehicle after it was parked, the release said. Prosecutors say Lerma got out of the car and sexually assaulted and forcibly raped the woman. He is accused of then getting back into his car and fleeing. The victim immediately reported a sexual assault to police. DNA was collected from the examination. On March 15, 2011, the DNA from the attack on the prostitute was linked to the DNA provided by Lerma in the case of the Long Beach victim, prosecutors said. At the time of the sexual assaults, Lerma was employed as a U.S. Customs and Border Protection officer with the U.S. Department of Homeland Security. Garden Grove detectives worked with the Long Beach Police Department and the Internal Affairs Office of Homeland Security in linking the incidents and identifying Lerma as a suspect, officials said. Lerma was placed on administrative leave, Jaime Ruiz, a Customs and Border Protection spokesman, previously told the media. Anyone with additional information or who believes they have been a victim is asked to contact Supervising District Attorney Investigator Lou Gutierrez at 714-347-8794 or Garden Grove police detective Dave Young at 714-741-5836.

Third Police Officer Investigated for Sexual Assault!

April 4, 2011 More fallout from last week's accusations by a North Side woman that she was sexually assaulted by two policemen. The two are being investigated for two similar incidents. A third officer assigned to the same SUV as the other two has also been suspended in connection with the other alleged assaults. Police sources told media sources that the third officer may have been witness to the other two alleged assaults, has been stripped of police powers and placed on administrative leave. So far, no charges have been filed against the first two officers in last week's alleged assault. April 1, 2011 Two Chicago police officers are under criminal investigation amid explosive allegations they played strip poker with a young woman and sexually assaulted her in her Far North Side apartment while on duty early Wednesday. At a news conference, an outraged Terry Hillard (pictured above, center) the interim police superintendent, noted he is a father before calling the officers' conduct "inappropriate. You just can't justify it." He referred to the allegations as "heinous criminal activity." Hillard said at least one of the officers allegedly sexually assaulted the woman. The officers were arrested later Wednesday and questioned at Belmont Area headquarters with legal counsel present before being released without charges. The criminal inquiry continues as investigators collect "evidence and forensics," Hillard said. Cook County prosecutors have been notified about the allegations. In the meantime, the 10-year veterans were relieved of police powers and put on administrative duty, he said. The alleged sexual assault took place at the woman's Rogers Park apartment, several miles from the Town Hall District, where the two officers were assigned to work patrol duties on the overnight shift. The uniformed officers, driving a marked police SUV, had offered the 22-year-old woman a ride as she walked near Wrigley Field, crying and upset after drinking and arguing with a male friend, according to a police report. According to the report, the woman said she accepted, and while they were en route to her residence, she had sex with one officer in a passenger seat. At her apartment, the three of them played strip poker, and she again had sex with one of the officers. But she told police she began to feel intimidated and was afraid to refuse their sexual advances, according to the report. She said she pounded on the wall to get her neighbor's attention and later got up and ran screaming out of the apartment. A neighbor saw her and called police about 3 a.m. The woman was treated at St. Francis Hospital in Evanston. Another neighbor contacted by the media said he opened his door after hearing the commotion and saw a naked man running down the hall and another man who may have been wearing a police uniform. Detectives found a cell phone belonging to one of the officers as well as parts of the officers' uniforms in the woman's apartment, according to police sources. Hillard, a retired superintendent who was appointed to the interim post until Mayor-elect Rahm Emanuel names a permanent successor, bristled when asked about reports that the alleged victim was drunk and may have first had consensual sex with one of the officers before the alleged assault. "I'm a father," he said after a pause. "I also used to be a policeman before I retired. … Inappropriate. You can't justify it." At another point, Hillard said whether the woman was drunk "has nothing to do with the case." "If proven true, these officers will fully be held accountable and punished," he said. "I will not tolerate this type of behavior. The Chicago Police Department will not tolerate this type of behavior." Police Department records show both officers are 38 years old and were hired in 2001. They've worked for at least the last three years in the Town Hall District, which encompasses parts of the Lincoln Park, Lakeview and Uptown neighborhoods. Neither officer has had any cases before the Chicago Police Board, which hears appeals of disciplinary suspensions of six to 30 days as well as cases in which the superintendent moves to fire an officer, according to Max Caproni, its executive director. This is not the first time a Chicago police officer allegedly committed a sexual assault while on duty. Sgt. John Herman was convicted and sentenced to 25 years in prison for allegedly raping a woman at her South Side apartment in 2004 after giving her a ride home. But in a unanimous decision last month, the Illinois Appellate Court threw out Herman's conviction, saying the alleged victim's crack-cocaine habit as well as inconsistencies in her testimony shed serious doubt on her credibility.

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Movie Intermission!

Battle for Haditha فلم معركة الحديثه - Edited!


An investigation of the massacre of 24 men, women and children in Haditha, Iraq allegedly shot by 4 U.S. Marines in retaliation for the death of a U.S. Marine killed by a roadside bomb. The movie follows the story of the Marines of Kilo Company, an Iraqi family, and the insurgents who plant the roadside bomb.

More Below


Saturday, April 09, 2011

A Story of Murder: The Chauncey Bailey Murder Trial!



«•April 9, 2011•»

WESTMINSTER, CA – A U.S. Customs and Border Protection officer was charged Monday with sexually assaulting women in Garden Grove and Long Beach.
Miguel Lerma Jr., 31, of Fountain Valley was charged with three felonies, including one of forcible rape, on one woman and one felony count of rape by use of drugs on the other victim. If convicted, he faces a maximum sentence of 32 years in state prison.

«•Full Story coming to Corrupt Justice soon!•»


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• Corrupt Government Officials!
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Top News Story!

Sexopd!

Posted: 04/20/2012 07:27:13 PM PDT - Updated: 04/24/2012 01:04:32 AM PDT

A high-profile Oakland police sergeant, whose investigation of the Chauncey Bailey homicide was widely criticized, has been accused of sexual harassment and assault by a female officer who alleges that when she rejected his advances she was "denied backup and cover" by other officers in street situations. Sgt. Derwin Longmire, 48, is also accused in the suit, filed by Officer Helene Schmitt, of carrying on "an on-duty sexual relationship" with two other female subordinates and rewarding them with preferential treatment, such as allowing them to sometimes "have their hair done" in San Francisco when they were supposed to be on duty in Oakland.

Schmitt claims that Longmire "would place his body against (Schmitt's), forcing her into unwelcome physical embraces, repeatedly kissing and attempting to kiss (her) on the lips and elsewhere," the suit, filed in Alameda County Superior Court on March 29, alleges. The alleged accused behavior started in May 2010. When Schmitt resisted Longmire's advances, he "began a systematic course of retaliation" against her, by limiting her work hours and opportunities for overtime assignments. The suit also alleges that Longmire had unspecified "safety equipment" of Schmitt's "disabled" and denied her backup and cover from other officers. In addition, the suit also claims that Longmire once accused Schmitt of "being a mole," or spy, for department commanders he claimed were "trying to get rid of" him.

"Officer Schmitt is not a mole for the Oakland Police Department," her attorney said in a telephone interview on Friday. He said Schmitt's claim about Longmire creating "a hostile work environment" had already been found true by the department, but he did not know if the officer had been disciplined. Schmitt's attorney said on Friday that he did not name the other officers who allegedly carried on affairs with Longmire because he believes that they're also victims of sexual harassment and may pursue legal action themselves.

Longmire (pictured left) who once headed the police intelligence unit, was assigned to investigate Bailey's murder despite deep-rooted suspicions that he was a bakery sympathizer, if not a member, according to legal documents. When Bey IV went uncharged for more than a year and police records showed Longmire failed to follow up on evidence pointing to him, then-Mayor Ron Dellums asked the state justice department to investigate. State investigators concluded in 2009 that Longmire "intentionally compromised' the Bailey investigation. But the department eventually was forced to drop efforts to fire him, claiming the investigation was rushed to meet a statute of limitations and was not complete. Longmire, who denied any affiliation with the bakery, returned to work in the patrol division as a supervisor. A subsequent investigation of 10 homicide cases that he had conducted found that he had made errors in each of them, including sloppy work and not turning in evidence for processing. He served a short, unpaid suspension.

In 2010, Longmire filed a federal lawsuit against the department and Chief Howard Jordan claiming that he was a victim of discrimination because of false beliefs that he was a Black Muslim and an affiliate of Your Black Muslim Bakery, whose leader, Yusuf Bey IV, was convicted of ordering the killing of Bailey, editor of the Oakland Post, in 2007. A judge dismissed the suit last year. Longmire has a suit containing similar allegations against the department and Jordan pending in state court.

Longmire declined to comment on the allegations Friday afternoon and referred questions to his attorney who did not return messages. The city is also named as a defendant. A spokesman for the city attorney's office declined to discuss the matter or make lawyers available for interviews. The department also declined to comment on "pending litigation." But spokeswoman Johnna Watson said, "The Oakland Police Department takes all allegations against our employees seriously."

Guilty!
Involuntary Manslaughter!


Posted: December 1, 2011
Updated: 09:52 AM PST - DEC 05, 2011


CASSVILLE, Mo. — A jury convicted Southwest City police Officer Brian Massa of manslaughter Thursday in the shooting death of Bobby Stacy and recommended that he serve three years in prison. Involuntary manslaughter in the first degree carries up to seven years in prison in Missouri. Jurors deliberated a little more than two hours at the conclusion of a four-day trial before finding Massa, 35, guilty of first-degree involuntary manslaughter. They could have opted to convict the defendant of a lesser offense, but they agreed with prosecutors that Massa acted recklessly when he fired four shots into the fleeing 26-year-old Arkansas man’s vehicle on March 28, 2010.

During the sentencing phase of the trial, jurors decided that Massa should serve three years for the crime. Circuit Judge Tim Perigo set a sentencing hearing for Jan. 6, 2012. “We’re very pleased with the verdict,” said Larry Stacy, the victim’s father. He expressed gratitude for the work of the jury and David Hansen, the assistant state attorney general who prosecuted the case. “I think justice was served,” he said.

The family of Bobby Stacy (pictured above, left) attended each day of the trial in the company of an attorney and a private investigator from Tulsa, Okla. The attorney said she anticipates filing a wrongful-death lawsuit soon on behalf of the family. Bobby Stacy suffered a single gunshot wound to the head and died at a Tulsa hospital the day after the shooting. The fatal shot from Massa’s .45-caliber handgun entered Stacy’s skull just above and behind the right ear, with fragments coming to rest in the brain near the front of the skull, according to the testimony of the forensic pathologist who performed an autopsy.

Evidence presented at the trial included videos retrieved from a dashboard camera in Massa’s patrol car and from a camera he was wearing on his uniform. Massa (pictured below, right) maintained that Stacy tried to run him down with the Chevrolet Suburban he was driving after the vehicle spun into a ditch during a pursuit east of Southwest City. The Suburban did scrape the patrol car as Stacy was driving back out of the ditch. But a Missouri State Highway Patrol investigator found that the four bullets fired at Stacy by Massa traveled from the back to the front of the Suburban as it was passing or had already passed the officer in the roadway. Massa chose not to testify on his own behalf during the guilt-or-innocence phase of the trial, but he took the witness stand in the sentencing phase, asking jurors to consider the hardship incarceration would present his family as a father of three children. Hansen used the opportunity to cross-examine Massa about a previous conviction for misuse of official information while he was working as a dispatcher in McDonald County in 2008. He had been fined $350 for the misdemeanor offense, which did not stop Southwest City from hiring him as a police officer.

Normative Conduct!


Posted: 04/30/2011 04:50:03 PM PDT

"I shot Mr. Lippitt because he was African American."

-- Anthony Pacherille, pleading guilty to attempted murder.


Story of Murder!


Chauncey Bailey Murder Trial!



A Story of Murder!



(Left to right: Antoine Mackey, Yusuf Bey IV, Devaughndre Broussard)



Deliberations Continue!


June 8, 2011

Update: Guilty on eight (8) of nine (9) counts!


No Press Restrictions!


Posted: 04/11/2011 12:07:09 PM PDT
Updated: 04/11/2011 13:07:23 PM PDT


OAKLAND, CA -- A defense attorney on Monday asked the judge to ban jurors in the Chauncey Bailey murder trial from reading newspapers or using the Internet for the duration of the trial after the media reported that a journalist had received a death threat while reporting a story related to Your Black Muslim Bakery. The defense attorney, who is representing co-defendant Antoine Mackey, made the request as trial resumed Monday. Articles about the threat were published Saturday on the front page of local news publications, including the Oakland's newspaper.

Judge Thomas Reardon asked jurors if they had read any news stories over the weekend about the telephone threat made to the reporter. By a show of hands, jurors indicated they had not read the articles. Reardon denied the attorney's request, saying he did not want to make such an order. But the judge again cautioned jurors to avoid any news coverage about the case or anything related to Your Black Muslim Bakery.

Bakery leader Yusuf Bey IV and Mackey, a bakery member, are facing triple-murder charges, which includes the murder of the editor of the Oakland Post, and two other men in summer 2007. Bey IV is charged with ordering the killings; he allegedly wanted Bailey dead to stop him from writing a news story about the bakery's financial troubles. Mackey is accused of helping carry out Bailey's death and that of another man, as well as with the shooting death of a third Testimony in the trial continues Monday, with Prosecutor Melissa Krum directing follow-up questions to Devaughndre Broussard, Bailey's confessed killer and the prosecution's main witness against the men.

The trial is expected to continue through June.

Trial Delayed!


April 9, 2011

OAKLAND — Testimony in the Chauncey Bailey murder trial was postponed Thursday morning because prosecutor Melissa Krum was ill. Trial is scheduled to resume Monday morning before Alameda County Superior Court Judge Thomas Reardon; the trial is not held on Fridays.

When court resumes, the defense attorney for Mackey is expected to continue questioning Bailey’s confessed killer, Devaughndre Broussard. The defense attorney, who represents co-defendant Antoine Mackey in the triple-murder case, was in the midst of an intense questioning of Broussard when court ended Wednesday. Mackey and Your Black Muslim Bakery leader Yusuf Bey IV are being tried together on charges connected to the deaths of Bailey, editor of the Oakland Post, and two other men in summer 2007.

Broussard is prosecutor Krum’s star witness in the case. The trial is expected to last until June or longer. Two days of testimony were canceled last week because an alternate juror fell ill.

Killer v. Truth!


Posted: 04/06/2011 01:22:16 PM PDT
Updated: 04/07/2011 11:26:39 AM PDT


OAKLAND -- Admitted killer Devaughndre Broussard is lying about Your Black Muslim Bakery member Antoine Mackey's alleged role in three murders to protect another man he considers his cousin, Mackey's lawyer contended Wednesday. Broussard claimed Bey IV and Mackey bragged about killing a third man, Michael Wills. Broussard has pleaded guilty to two counts of voluntary manslaughter and is to be sentenced to 25 years in exchange for his cooperation. Mackey's attorney ended an afternoon of cross-examining Broussard in the Chauncey Bailey murder trial by repeatedly asking Broussard if a man named Richard Lewis -- not Mackey, as Broussard claims -- helped him kill Bailey and another man, Odell Roberson, in summer 2007.

In early testimony, Broussard said he and Mackey had become close friends in summer 2007 when they lived together in a bakery housing unit. Mackey, wearing a blue dress shirt, sat staring at Broussard as his attorney, with voice raised, repeatedly asked the 23-year-old if he was lying to protect Lewis. Broussard repeatedly denied protecting Lewis, a fellow San Franciscan and bakery member who he has testified was like an older cousin to him. Lewis was convicted last year of kidnap and torture in another case involving the bakery and sentenced to a life term with no parole.

Defense Attorney: "Didn't you falsely fabricate a story that Mackey was your accomplice in the murder of Chauncey Bailey?"

Broussard: No!

Defense Attorney:"Wasn't Richard Lewis the person who drove you to the scene of the Bailey shooting?"

Broussard: No!

While Broussard said he wasn't protecting Lewis in any of the killings, he did admit lying to investigators in 2009 to keep them for learning Lewis' bakery nickname, "Kia." Prosecutor Christopher Lamiero, who was also investigating the kidnapping and torture case in which Lewis was eventually convicted, asked Broussard about the name in a recorded interview. Broussard said then he didn't know anything about Lewis having such a name. Wednesday, he admitted lying to Lamiero.

Mackey's attorney also accused Broussard of lying about Mackey's alleged role in the Roberson killing, and asked if another bakery member, Tamon Halfin, was involved. Broussard denied the claim. Halfin is awaiting trial in the same kidnapping and torture case in which Lewis was convicted. Bey IV is also awaiting trial in that case.

"The evidence in the case will show that Mr. Mackey is not guilty," his attorney said outside court a few minutes later. Mackey is being tried alongside Yusuf Bey IV in the triple-murder case. Broussard, the prosecution's key witness, has said Bey IV ordered him to kill Bailey, editor of the Oakland Post, and Roberson, and that Mackey helped him commit those slayings. Bey IV and Mackey, both 25, have pleaded not guilty.

Can't Remember "to Kill"!



Posted: 04/05/2011 11:31:15 AM PDT
Updated: 04/05/2011 06:00:22 PM PDT


OAKLAND -- Admitted killer Devaughndre Broussard said under cross-examination Tuesday that he couldn't remember if former Your Black Muslim Bakery leader Yusuf Bey IV used the word "kill" in ordering a homeless man shot to death in 2007. Broussard also said he couldn't remember when and where Bey IV told him to slay the man, Odell Roberson, who was shot dead two blocks from the bakery on July 8, 2007. When Bey IV's lawyer asked Broussard if Bey IV expressly used the word "kill" to order the alleged hit, Broussard answered, "I couldn't say." Outside court, Bey's lawyer said Broussard's story that Bey IV ordered Roberson killed because he was related to a man who killed Bey IV's older brother in 2005 wasn't holding up. "It's hazy," he said. Broussard's details of shooting Roberson make sense, the lawyer said, but his inability to tell a clear story about an order from Bey IV show "it was much more likely an independent act."

Speaking outside Alameda County Superior Court Judge Thomas Reardon's courtroom after questioning Broussard for more than two hours, Bey's attorney said, "It is inconceivable to me that (Bey IV) would instruct him to commit a murder." Broussard's answers came as the attorney continued the cross examination he began Monday afternoon, aiming directly at the confessed killer's credibility. Broussard has testified he killed the journalist Chauncey Bailey and Roberson in summer 2007 on Bey IV's order and that another bakery member, Antoine Mackey, helped him commit the murders. Broussard also testified that Bey IV and Mackey bragged about killing another man, Michael Wills.

Bey IV and Mackey, both 25, are being tried together in the triple-murder trial. They have pleaded not guilty.
Broussard said Bey IV told him to kill Bailey to stop the journalist from publishing a story about the bakery's finances in the Oakland Post, where Bailey was editor. Bailey was gunned down on his way to work on Aug. 2, 2007.

Bailey's brother, Errol Cooley, who watched the morning testimony, said it was obvious that Bey's attorney "is trying to trip up" Broussard, who sometimes takes a long pause before answering questions. Both defense attorneys have said the case comes down to Broussard's credibility, calling him a calculating liar. Under questioning from prosecutor Melissa Krum that ended Monday, the 23-year-old Broussard said he had told numerous lies to try and escape a life sentence on charges he killed Bailey, then decided to cooperate with authorities.

Bey's attorney also asked questions Tuesday morning that seemed designed to paint Broussard as someone willing to confront and challenge Bey IV, not a willing dupe who blindly followed orders. "You never had a problem standing up to Mr. Bey, did you?" he asked. "No," Broussard said. Broussard twice left the bakery in 2007 in what he said was frustration over being paid only sporadically, but returned each time. Bey's attorney continued cross examination, which is expected to take most or all of Tuesday's afternoon's court session.

Posted: 04/04/2011 11:24:40 AM PDT
Updated: 04/05/2011 05:13:02 AM PDT


OAKLAND -- Journalist Chauncey Bailey's confessed killer told jurors Monday he turned against his friends and cooperated with authorities because he was hurt and felt abandoned following his arrest for the shooting, saying, "No one came to holler at me." "They broke the contract we had," Devaughndre Broussard said of former Your Black Muslim Bakery leader Yusuf Bey IV and bakery member Antoine Mackey. Broussard is the prosecution's key witness against the men, who are facing triple-murder charges in connection with Bailey's death and those of two other men. Monday was the third long day on the stand for Broussard, who will receive a 25-year sentence in exchange for his cooperation. His wide-ranging testimony included a description of shooting Bailey and culminated in an aggressive cross-examination by Bey IV's court-appointed lawyer.

Also Monday, a juror was dismissed from the trial, which led Mackey's lawyer to ask again that the case be moved out of Alameda County. The dismissed juror, a maintenance worker at a San Leandro hospital, recently discovered that one of Bey IV's half-brothers is a patient there and he had direct contact with the sibling. The attorney who represents Mackey, said once the juror learned of the family connection, he became "worried and anxious." The man feared that if the jury came back with a guilty verdict, there could be "reprisals," he said, adding that the judge in the case should infer there are similar thoughts "in the minds of every juror." But Alameda County Superior Court Judge Thomas Reardon said direct contact between a juror and a member of the large Bey family -- Bey IV has more than 40 full and half siblings -- "is unlikely to occur again."

Defense attorneys had earlier tried to have the trial moved from Alameda County, citing extensive pretrial publicity. Much of the case hinges on Broussard, who has confessed to shooting Bailey and another man, Odell Roberson, and said Bey IV ordered both hits. Mackey is accused of helping in those two deaths, and with killing a third man, Michael Wills, also allegedly at Bey IV's order. Bey IV and Mackey, both 25, have pleaded not guilty; they face life in prison without the possibility of parole if convicted.

In morning testimony, Broussard described how he killed Bailey on Aug. 2, 2007. He said he shot him twice with a shotgun, started to run away, then returned to stand over the dying 57-year-old journalist to fire a third shot into his face. Broussard also testified how police used Bey IV to help give what he now says was a flawed confession; Broussard first told police he acted alone when he killed Bailey.

Prosecutor Melissa Krum ended her questioning by asking Broussard why he decided to turn against Bey IV, his former religious leader, and Mackey, a close friend. Broussard said it was partly to get a plea deal, and partly because he was angry over how they treated him after his arrest. "I felt like, man, I was let down. No one came to holler at me. No one said to tell me, 'What's up.' I got let down by Bey IV and Mackey," he said, adding that he came to the realization that Bey IV "brought all this (expletive) down on us."

Bey IV's lawyer began his cross examination by asking Broussard, "So it's everybody else's fault?" Broussard said no, and in response to another question, said, "I take responsibility for what I did." Under defense attorney questioning, Broussard admitting lying to police numerous times about the killing and changing his story repeatedly. The defense played an unedited tape of Broussard's fall 2008 interview with the CBS News show "60 Minutes," in which he denied killing Bailey. Broussard said the interview was arranged by his lawyer who he said told him to lie his way through the interview "to muddy the waters."

Monday's proceedings were difficult for Bailey's family, several of whom have attended the trial since it began March 21. Bailey's brother, Errol Cooley, said Broussard described the killing "like he was shooting at a dog. It was devastating." Still, Cooley said, he thinks Broussard "was a pawn" in his brother's death and that the family strongly supports attempts "to get the main person" prosecutors say is responsible for the death -- Bey IV. Broussard is expected to take the stand again Tuesday for additional cross-examination from defense attorneys.

Failure to Appear!


Posted: 03/31/2011 02:30:35 PM PDT
Updated: 04/01/2011 05:57:59 AM PDT


Police arrested former Your Black Muslim Bakery leader Yusuf Bey IV's brother-in-law Thursday for failing to appear as subpoenaed earlier this week to testify in Bey IV's murder trial. Oakland Police said they stopped and arrested Saleem Bey, 47, on a no-bail bench warrant late Thursday morning soon after he drove away from his Dimond district home. Officers said he seemed surprised but offered no resistance. He was taken to North County Jail in Oakland and is scheduled to appear before Alameda County Superior Court Judge Thomas Reardon on Friday.

Saleem Bey has told prosecutors he was the confidential source providing information about the bakery's financial problems and Bey IV's mismanagement to Oakland Post Editor Chauncey Bailey in 2007. Prosecutors say Bey IV was incensed at Bailey's past coverage of his father, bakery founder Yusuf Bey, as well as this new investigation, and so ordered bakery handyman Devaughndre Broussard to kill Bailey with three shotgun blasts as he walked to work in downtown Oakland on the morning of Aug. 2, 2007.

Bey IV, 25, and bakery associate Antoine Mackey, 25, are now on trial for murder in connection with Bailey's death, as well as the 2007 slaying deaths of Odell Roberson and Michael Wills. Broussard, 23, began testifying last week, but the case was delayed this week due to an alternate juror's illness; testimony is expected to resume Monday. A copy of the minute order issuing the bench warrant for Saleem Bey's arrest wasn't available Thursday because courts were closed in observance of Cesar Chavez Day.

Born Darren Keith Wright, Ali Saleem Bey has said he adopted the Bey name in the mid-1990s after already having worked at Your Black Muslim Bakery for several years. He's not a blood relative of bakery patriarch Yusuf Bey but is married to one of his daughters, Salma Bey -- one of Yusuf Bey IV's half-sisters. Broussard told a grand jury in 2009 that Bey IV was livid that Saleem Bey was talking with Bailey and wanted him dead as well, but he didn't want to incur his older sister's wrath.

Saleem Bey was back in the news a few weeks ago as the head of a prominent North Richmond social services agency acknowledged having relinquished $175,000 meant to develop an "Eco-Academy" in the beleaguered community, saying she was forced to turn away the funds after Bey threatened her with an "organized attack" if she refused to hire him to oversee the grants. Barbara Becnel, executive director of the Neighborhood House of North Richmond, described the threat in a letter to Richmond City Manager Bill Lindsay. Bey and several of his supporters acknowledge pressuring Becnel with a threat to picket and boycott her agency but deny any threat of violence.

Posted: 03/29/2011 10:55:51 AM PDT
Updated: 03/29/2011 05:27:59 PM PDT


To certain members of Your Black Muslim Bakery, murder was a laughing matter, a confessed bakery hit man said Monday.

Devaughndre Broussard chuckled in the trial of bakery leader Yusuf Bey IV and another member of the group as he recalled how one victim tried to run away before Broussard emptied an assault rifle at him.

Bey and the other member, Antoine Mackey, made fun of how another victim's leg flew up in the air when he was riddled with rounds from a rifle, Broussard said.

In between the chilling details of those two slayings, Broussard testified for the first time about the shooting death of Chauncey Bailey, whom Bey allegedly ordered killed to prevent the Oakland journalist from writing about the black empowerment group's financial collapse.

Bey told Broussard to learn where Bailey lived and "find out his routine," Broussard told the jury in Alameda County Superior Court in Oakland. "He wanted us to take him out before he wrote that article."

Asked by Deputy District Attorney Melissa Krum what that meant, Broussard replied, "Kill him." It was Broussard's second day on the witness stand in the murder trial. He has confessed to being the gunman who killed Bailey with three shotgun blasts on Aug. 2, 2007, as the Oakland Post editor was walking to work at 14th and Alice streets in downtown Oakland. Bey ordered up another slaying less than a month before Bailey's death, telling Broussard to kill Odell Roberson, 31, the uncle of the man who shot and killed Bey's brother, Broussard said. He said Bey had initially wanted him to kill the father of Alfonza Phillips, who shot and killed Antar Bey during a botched carjacking in 2005.

Bey "wanted him whacked because his son killed his brother," Broussard said, adding that Bey believed in "an eye for an eye." But after Broussard reported that he and Mackey couldn't find the elder Phillips, Bey told him to kill Roberson, a "dope fiend" and transient who lived on the streets of Oakland near the now-defunct bakery, Broussard testified.



"Take him out when you get the chance, because it seems like we can't get his pops," Broussard said Bey (pictured above, center) told him. Broussard, 23, burst into laughter on the stand when he recounted how Roberson had tried to run away when he leveled an SKS assault rifle at him. He said he had fired the rifle "until the clip was empty," about eight to 10 rounds. Broussard pleaded guilty to two counts of voluntary manslaughter in exchange for a 25-year sentence and a promise to testify against Bey and Mackey, both 25, in their murder trial.

Mackey is accused of killing a third victim, 36-year-old Michael Wills, in July 2007. Bey, who is accused of ordering the killing, boasted about "getting" a white "devil," Broussard said. Mackey and Bey made fun of how Wills' leg flew up after he was shot, with both men shouting, "It's good!" while raising their arms straight up, simulating a field goal, Broussard testified.

Posted: 03/29/2011 10:55:51 AM PDT
Updated: 03/29/2011 05:27:59 PM PDT


OAKLAND -- The life history of the man who confessed to killing journalist Chauncey Bailey won't be used as evidence to explain his behavior and willingness to join the former Your Black Muslim Bakery, a judge ruled Tuesday. Prosecutor Melissa Krum argued that Devaughndre Broussard's background growing up in institutions and in foster care while his mother served prison terms was relevant to show he was susceptible to following former bakery leader Yusuf Bey IV and carrying out his alleged orders to kill people. Judge Thomas Reardon denied the request. "I'm not sure the relevance is anything more than marginal," he said. His decision came after the triple-murder trial of Bey IV and bakery member Antoine Mackey was delayed until Monday after an alternate juror fell ill. Court is closed Thursday for Cesar Chavez Day and the trial is not conducted Fridays.

Broussard has pleaded guilty to killing Oakland Post Editor Bailey and another man, Odell Roberson, and has said Bey IV ordered the slayings. Mackey is charged with helping Broussard in those killings and also with killing a third man, Michael Wills.
When the trial resumes, Broussard is expected to describe how he killed Bailey the morning of Aug. 2, 2007. Broussard will be sentenced to 25 years in exchange for his testimony.

In a motion before the judge after the delay was announced, Krum said she wanted to question Broussard about his life for 10 or 15 minutes to show how he "bounced around" institutions during his childhood, developed a severe stutter and came to seek what the bakery offered people with few other options in life. The bakery, founded by Bey IV's father, was known as a black empowerment organization in Oakland.

Defense lawyers for Bey IV and Mackey (pictured left) said the proposed testimony was unfair to their clients. "It will generate tremendous sympathy toward (Broussard) as a witness and give a stature to him," Sirbu told Reardon. "Why he went to the bakery seems irrelevant. He is a hapless individual. One can easily see why he went to the bakery." Reardon said his decision also limits the amount of documentation the defense will receive concerning Broussard's juvenile history in courts and institutions. After debating the matter with Reardon, who is reviewing those records, Mackey's attorney agreed to accept a limited number of documents showing when Broussard was untruthful or deceptive to authorities. He wants such records to attack Broussard's credibility. He described Broussard as a serial liar while looking for further evidence.

Krum did win a second motion: Reardon agreed that she could show jurors a videotape of bakery followers performing a militarylike drill as Bey IV commanded them. The members in the 2007 video include Broussard and Mackey. Krum said the video showed Bey IV giving orders and others following them. Broussard has testified that performing such drills was central to the bakery's culture. Mackey's attorney raised a vigorous counter argument. "It's very prejudicial," he said. "It has inherent shock value. There's a threat that gets you viscerally when you see that drilling." Reardon agreed with Krum, saying, "It seems to me to be the heart of the case. (Bey IV) didn't shoot anyone dead, but he (allegedly) ordered others to do so."

Posted: 03/24/2011 06:21:55 PM PDT
Updated: 03/25/2011 11:30:55 AM PDT


OAKLAND, CA -- Devaughndre Broussard (pictured left) the admitted killer of Oakland Post Editor Chauncey Bailey, struggled through testimony Thursday against former Your Black Muslim Bakery leader Yusuf Bey IV (pictured below, center) the man he says ordered him to commit two slayings. Thursday was the first of what is expected to be at least a week of testimony from Broussard, and it focused on how he came to join the bakery, as well as the inner workings of the once-prominent black empowerment organization under Bey IV's leadership. Broussard first entered Judge Thomas Reardon's crowded courtroom at 11:39 a.m. wearing shackles and a red jail jumpsuit. He passed in front of the defense table where Bey IV and co-defendant Antoine Mackey sat staring at him intently; he didn't meet their eyes. Bey IV wore a tan suit and a bow tie -- the symbol of the Black Muslim movement that Broussard said he joined in 2006. Broussard told jurors that his motivation from the start of joining the bakery in 2006 was because Bey IV bragged openly to him and others that he was capable of helping his followers obtain high credit scores and acquire loans through fraudulent means.



The 23-year-old Broussard struggled through his testimony throughout the day, and minutes after taking the stand, was asking for questions to be repeated, and seemed to find it difficult to formulate answers. Reardon frequently jumped in, trying to clarify and simplify Krum's questions. Sometimes struggling for words, sometimes laughing, Broussard labored through the answers.

When Krum asked him the color of a Cadillac owned by another bakery member, he burst into laughter before saying, "Yellow." Krum asked him what was funny. "I am thinking of a yellow Cadillac," he replied. "That's why I am laughing." Other times he told Krum he didn't understand her questions or that he didn't know the right words to articulate answers. When she asked him why men unrelated to each other called each other brothers at the bakery, he struggled. "I can't find the words to answer the question," he said.

He also told Krum that Bey IV defined being at the bakery as "more than a job." When she asked for details, he said Bey IV would order his followers to "do stuff you couldn't ask other people to do. Whatever would come to his mind." Did Broussard mean committing crimes, Krum asked. "I may have to be more direct," Broussard said. "I don't say the word crimes. That's the way I talk."

During morning testimony, Broussard said Richard Lewis, a close family friend who was in a San Francisco jail with him, had also spent time with Bey IV when Bey IV was awaiting bail in a vehicular assault case. Broussard was due to be discharged the next day, and Lewis asked him his plans. "Probably going back and hanging out in the streets," Broussard said he replied. Lewis, though, offered Broussard an alternative: joining the ranks of so-called soldiers working for Bey IV at his bakery in Oakland. Lewis said Bey IV needed "people he could depend on," Broussard told a jury of seven women and five men. When Krum next asked him "what agenda (Bey IV) had," Broussard said, "I am not understanding."

Later, he described how Bey IV chased prostitutes from the area around the bakery on San Pablo Avenue by firing an assault rifle into the air. The women ran away, he said. Broussard also testified that he broke bakery rules by using drugs while living and working there. He didn't say what kind.

During afternoon testimony, Broussard described participating in a 2006 shooting of an unoccupied car with other members of Your Black Muslim Bakery. Prosecutor Melissa Krum contends that shooting illustrates the bakery's command structure: Bey IV issued orders to others to commit crimes on his behalf. Broussard described being in a room at the bakery when Bey IV's half brother, Yusuf Bey V, came to him, gave him a pistol-grip shotgun and told him Bey IV wanted a car shot to bits. The car belonged to a man with whom the Bey brothers had a dispute.

"I fired it until it was empty "... five or six times," Broussard said of the shotgun. He would later use it, Broussard told a grand jury in 2009, to kill Bailey, also on Bey IV's order. He also said that he later asked Bey IV why he ordered the shooting and became "lightweight upset" upon learning the reason. "We shot up a car over something that had to do with (the woman's) personal life" and that bothered him "because of the risk I took." When he asked Bey IV about it, he said the leader replied, "We got to stick up for our brothers and sisters. That's what we do."

Broussard is the prosecution's star witness in the case against Bey IV and Mackey. The men are facing triple-murder charges in connection with Bailey's death and the unrelated deaths of two other men, Odell Roberson and Michael Wills, in summer 2007. Bey IV and Mackey, both 25, have pleaded not guilty; they face life in prison without parole if convicted. Broussard has pleaded guilty to shooting Bailey and Roberson and is to be sentenced to 25 years in prison for agreeing to testify.

The attorney who negotiated Broussard's plea bargain two years ago watched from the front row. "That's just him," the attorney said outside of court about Broussard's labored answers. "He's a little bit meticulous." He said Broussard told his family to stay away from court Thursday because he feared for their safety. "He thought they might be in danger," the attorney said of Broussard's stepfather and half sister, who had wanted to attend.

"He is a liar, that's my opinion -- he is an admitted liar," Bey's attorney added. The lawyer said his client, Bey IV, is "more than disappointed, he's outraged" at Broussard's plea deal and testimony. He also said Bey IV "never wanted to be CEO of the bakery." He reluctantly took the job after his elder brother's killing and lacked the business experience and maturity to make it work, he said. As for the bow tie Bey IV wore, his attorney said, "There's no significance to that -- it was the one tie that matched his suit." Broussard's testimony is expected to continue Monday in Alameda County Superior Court.

Posted: 03/24/2011 10:59:05 AM PDT
Updated: 03/24/2011 11:11:54 AM PDT


OAKLAND, CA -- Jurors in the Chauncey Bailey murder trial flinched -- and some looked away -- Thursday morning when shown an autopsy photo of a large shotgun would to the victim's face. Prosecutor Melissa Krum displayed the photo on a large screen as the forensic pathologist who performed the autopsy, Dr. Thomas Rogers, described the wound. One juror, a bald man in glasses, grimaced noticeably.

Defendants Yusuf Bey IV and Antoine Mackey glanced at the photo and then looked away. It showed what Rogers described as an eight-inch wound to Bailey's face that impacted "face bones, brain, skull, teeth." Krum asked Rogers the condition of Bailey's left eye. "It was basically destroyed," Rogers replied.

The man who has admitted firing a 12-gauge shotgun at Bailey's face as he lay dying of two other wounds, Devaughndre Broussard, is expected to take the stand later Thursday morning. He has admitted to killing Bailey, the editor of the Oakland Post, at Bey IV's alleged order and told the grand jury in 2009 that Mackey helped him carry out the hit. Lawyers for Bey IV and Mackey asked Rogers no questions.

Check back for updates to this report.

Posted: 03/23/2011 11:31:49 AM PDT
Updated: 03/23/2011 11:41:52 AM PDT


OAKLAND -- A police officer is testifying this morning in the murder trial of journalist Chauncey Bailey that he seized two loaded, sawed-off shotguns from the bedrooms of key players in the case. One, a 12 gauge Remington, was under a bed in defendant Antoine Mackey's bedroom, the officer, Bruce Christensen of the Oakland Police Department, told jurors. The other, a 12-gauge Mossberg, was found outside a bedroom window. Bailey's confessed killer, Devaughndre Broussard, told a grand jury that was the murder weapon. It was loaded with five rounds, Christensen said. The officer also testified he recovered more than a dozen rifle bullets from Broussard's bedrooms.

Mackey and Your Black Muslim Bakery leader Yusuf Bey IV are charged facing murder charges in connection with Bailey's death on Aug. 2, 2007, and those of two other men in summer 2007. They have pleaded not guilty. Bailey, the editor of the Oakland Post, was working on a story about financial troubles at the bakery when he was killed. Prosecutor Melissa Krum told jurors in her opening statement that evidence will show that firearms and ammunition were pervasive in the bakery compound.

Posted: 03/21/2011 11:52:47 AM PDT
Updated: 03/21/2011 03:20:26 PM PDT



OAKLAND, CA -- A spent shotgun shell fired from the gun used to kill journalist Chauncey Bailey in 2007 and matching one left at the scene of his killing was found the bedroom of former Your Black Muslim Bakery leader Yusuf Bey IV the next day, a prosecutor said Monday. Deputy District Attorney Melissa Krum made the revelation to jurors about an hour into her opening statement in the triple murder trial of Bey IV and co-defendant Antoine Mackey. Krum said buckshot from the spent shell was fired into Bailey's head by his confessed killer, Devaughndre Broussard. The shell matched the brand and shot load found next to Bailey's body, she said. The shell was found on the floor of Bey IV's bedroom on the second floor of the former bakery when police raided it the day after Bailey (pictured below, center) was killed, she said.



Krum's opening statement is expected to take the rest of the afternoon and carry over to Tuesday morning.



(Left to right: Antoine Mackey, Yusuf Bey IV, Devaughndre Broussard.) Bey IV and Mackey, a bakery member, are facing murder charges in connection with the Aug. 2, 2007, shooting death of Bailey, a Bay Area journalist, and two other men in unrelated shootings. Bailey, 57, was killed on 14th Street not far from Lake Merritt on his way to work at the Oakland Post. Prosecutors allege Bey IV ordered the killing to stop Bailey from writing a story about financial and internal strife at the bakery, and that Mackey helped carry the slaying out.



Bey IV and Mackey are on trial for Bailey's death and the unrelated killings of two other men, Odell Roberson and Michael Wills, in summer 2007. Bey IV is charged with ordering the slayings; Mackey is charged with killing Wills and helping in the slayings of Bailey and Roberson. Bey IV and Mackey, both 25, watched impassively as Krum showed jurors diagrams and photographs -- including some of the victims' wounds -- on a large screen television. Much of the case is based on the grand jury testimony and confession of former bakery member Devaughndre Broussard, who said he killed Bailey and Roberson on Bey IV's order. Bey IV's motive in having Bailey killed, she said, was to stop him from writing about the bakery's financial troubles in the Oakland Post, where Bailey was editor. She also said Bey IV blamed Bailey -- then working for the an Oakland newspaper -- for the death of his father, Yusuf Bey, who was facing child-rape charges when he died from cancer in 2003.

Bey IV even showed Broussard and others a video of his father's funeral, which Bailey attended, stopping the tape to point out the journalist and say,' "That's the (expletive) that killed my dad, "' Krum said. A tape of Yusuf Bey's funeral was found in a VCR in Bey IV's bedroom, Krum said. Krum said Broussard, 23, will testify that Bey IV claimed stress from Bailey's reporting on the rape case quickened Yusuf Bey's demise. Broussard is expected to be on the stand for a week or more. As part of a plea deal, Broussard has pleaded guilty to killing Bailey and Roberson and agreed to testify in exchange for a 25-year sentence. Broussard also told a grand jury that Mackey bragged about killing Wills, also at Bey IV's order.

Krum told jurors they would also see secretly recorded police videotape of Bey IV made in an unrelated case three days after Bailey's killing. On it, Bey IV laughs about Bailey's murder, brags that he told police Broussard committed the killing and says the murder weapon -- a 12 gauge Mossberg, which Krum twice showed jurors -- was in the bakery leader's room shortly after the killing.

Secretly recorded police videotape of Bey IV.



Bey IV and Mackey, both 25, have pleaded not guilty to the charges.


Movie Intermission!


Under Heavy Fire!






Under Heavy Fire aka Going Back: A group of Marines return to Vietnam with a news crew to relive their tragic war experiences.

Starring: Casper Van Dien, Carre Otis, Jaimz Woolvett, Bobby Hosea, Joseph Griffin, Kenny Johnson - From the director of "Boys in Company C" and in the tradition of "Platoon" and "Apocalypse Now" comes a hard-fought drama about Echo Company, one of the hardest hit American units of the Vietnam War. Kathleen Martin, a TV journalist, is assigned on location to Vietnam to cover the reunion of Echo Company as they revisit old battlefields. Kathleens documentary gets off to a rocky start when it is revealed that Captain Ramsey (played by Casper Van Dien) was accused of providing wrong bombing coordinates, causing the deaths of his own men. The drama unfolds as we learn what happened that fateful day.

Written by: Sidney J. Furie, Greg Mellott
Directed by: Sidney J. Furie


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