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63 Responses to “FLDS update: Court of Appeals finds the State’s “evidence” to be no evidence at all”
  1. BigJolly on May 22nd, 2008 at 3:03 pm

    Thanks Rick. Excellent.

  2. american woman on May 22nd, 2008 at 3:03 pm

    I was fortunate to see Greg Abbott this weekend, sitting in front of a flag, with his dark suit and tie, telling us the State would prosecute to the fullest, and protect these children.

    ST you haven’t found any dead crow road kill have you? It’s time to make a pie and send to Mr.Abbott.

  3. Rastus on May 22nd, 2008 at 3:08 pm

    Well, the kangaroo still has 10 days to decided whether to comply with this decision. Are they still going through with all the action plans and stuff they stamped out in San Angelo? Let’s hear it for the rule of law, at least when it is occasionally applied.

  4. RickG on May 22nd, 2008 at 3:08 pm

    3. aw

    I guess General Abbott has already found them guilty, eh?

  5. RO on May 22nd, 2008 at 3:10 pm

    Watch the personal injury buzzards circle over this one boy o boy, theres goes our tax surplus!

  6. David Benzion on May 22nd, 2008 at 3:19 pm

    Great… now I get to add “protect minor children from child-raping cultists” to the list of things I can’t count on my government to do right…

  7. Rastus on May 22nd, 2008 at 3:20 pm

    Well, to answer part of my own question, somehow, for some unknown reason, court adjourned in San Angelo for a couple of days.

  8. BigJolly on May 22nd, 2008 at 3:21 pm

    Actually, you might be able to do that now. Now that they know that they must follow the law, perhaps they will do the work necessary to protect children instead of just trampling on the rights of anyone that they don’t like.

  9. Rastus on May 22nd, 2008 at 3:22 pm

    #6 - Was there anything you did count on for government to do right? Deliver mail, patch potholes, deliver drinking water, …?

  10. american woman on May 22nd, 2008 at 3:23 pm

    That would make a great topic. Name one thing government does well.

  11. Meglet on May 22nd, 2008 at 3:25 pm

    Providing the above information is not leaving anything important out of CPS’ case I agree with the ruling. (That is not to say the author of this post purposefully omitted anything.) If there was more than CPS may have screwed up with making their case.

  12. Darren10 on May 22nd, 2008 at 3:25 pm

    So is it not reasonable that had the state focused on their 5 suspected young pregnant girls, those that they insist that they have evidence of abuse, that this entire case would have proceeded better, more efficiently, and thus resulting in building the very case the state intends to build?

  13. RickG on May 22nd, 2008 at 3:27 pm

    8. bj

    Exactly. There is nothing preventing the State from going back to court to prove their case with REAL evidence. This opinion only says that what they’ve come up with so far is legally squat.

  14. David Benzion on May 22nd, 2008 at 3:29 pm

    #8 Biggie

    Now that they know that they must follow the law, perhaps they will do the work necessary to protect children instead of just trampling on the rights of anyone that they don’t like.

    We can hope.

    [begin holding breath]

  15. RickG on May 22nd, 2008 at 3:30 pm

    11. Meglet

    I know you are not accusing, but this is a good time to remind that I did link to the opinion, so anyone can decide for themselves if I left anything critical out - it certainly was not my intent. I quoted at length to try to avoid that.

    I express plenty of my own opinions, but the block quotes are verbatim excerpts.

  16. Darren10 on May 22nd, 2008 at 3:30 pm

    #10;

    That would make a great topic. Name one thing government does well.

    1) Protect our children
    2) Secure our borders
    3) Lower or erase taxes
    4) Avoid manipulating currency over the fear of a recession
    5) Destroy Hama and Hezbollah once and for all
    6) Secure the right to property and not move in a direction that the government can take private property and give it to aa private developer

    So don’t worry, our government s helping us all for a free, prosperous future.

  17. RickG on May 22nd, 2008 at 3:33 pm

    14. DB

    I presume the State put its best foot forward at the hearing and presented all its evidence. If so, one wonders what they can collect now to change the outcome. I guess they can suddenly fall into a bunch of confessions and “new” testimony, but, like you, I won’t hold my breath.

    Maybe if they threatened to sic Gov Perry on them, that might shake the trees a little.

  18. Ken Kelley on May 22nd, 2008 at 3:41 pm

    Is Johnny Sutton involved in any of this?

  19. RickG on May 22nd, 2008 at 3:46 pm

    18 Ken

    If not, I’m sure we can figure out a way to make him responsible.

  20. american woman on May 22nd, 2008 at 3:50 pm

    Let’s make him responsible…. I like that idea. He breaths the same air as those who represent the state… does that count? Maybe the state attended the Johnny Sutton night school of “lie and try” justice. hehe

  21. hamous on May 22nd, 2008 at 3:54 pm

    #19 Yeah, but can you implicate Halliburton?

  22. DeepPurple on May 22nd, 2008 at 3:58 pm

    Not at all surprised by this ruling. Big brother at its best. How tramatic for those kids to be ripped from their homes.

  23. texpat on May 22nd, 2008 at 3:58 pm

    Well, the only saving grace of this whole blundering onslaught by the state authorities is that no one was killed. At least they didn’t drag the federal LEOs into the mess. It could have been uglier.

  24. DeepPurple on May 22nd, 2008 at 3:59 pm

    I still don’t like the idea of them receiving welfare money. One way or another taxpayers are supporting their lifestyle and now the state will probably be sued. Pathetic.

  25. RickG on May 22nd, 2008 at 4:00 pm

    21. hamous

    I dunno, but we can surely nail Cheney, which is the same thing.

    20. aw

    They are both sorta west of heere. Does that help?

  26. american woman on May 22nd, 2008 at 4:03 pm

    Yep Rick that nails it. He breaths the same air, they are both West of here, and I bet they attended the Johnny Sutton night school of ” Lie and try”

  27. texpat on May 22nd, 2008 at 4:04 pm

    Rick

    Thanks for taking time out of your busy day to write this. I know protecting rapacious insurance companies, greedy capitalists, the Ebeneezer Scrooges and Simon Legrees of the world from the clutching, grabbing hands of widows and orphans is very time consuming.

  28. FourAlarm on May 22nd, 2008 at 4:07 pm

    #10

    Scares the crap out of me and that’s bad because there’s no paper left on the roll.

  29. RickG on May 22nd, 2008 at 4:08 pm

    27. texpat

    Ha, ha. Very funny. Well, let me tell you this, Bub: Some of those orphans can be pretty damn tenacious when they chomp onto my ankle.

  30. StacyE on May 22nd, 2008 at 4:18 pm

    Sigh.

    The one thing we can at least say, the state can not randomly take 400 children from a community and get away with it.

    The whole thing is just so sad.

  31. Darren10 on May 22nd, 2008 at 4:38 pm

    #18;

    Is Johnny Sutton involved in any of this?

    Nope, no illegal alien’s “rights violated”, just US citizens. Johnny Sutton should be nowhere to be found.

    Excellent question though.

  32. myheadhurts on May 22nd, 2008 at 5:45 pm

    I’m waiting for the court to request a stay of the Appellate Court ruling (hence, hanging on to the children) pending an appeal to the Supreme Court of Texas.

    My prediction is that no LEOs anywhere will want to be a part of the prosecution of this group any further and the FLDS, whatever the heck it is that they do in San Angelo, will be free of the hot breath down their backs.

    Oh - and much, much richer after their already-appointed lawyers get done with it.

  33. Bill F on May 22nd, 2008 at 6:01 pm

    While the libertarian side of me celebrates this ruling as a victory for our rights, the human side of me really hopes the state can find some more evidence to keep from having to hand a bunch of little girls back over to a bunch of child rapists cloaking themselves in the bible.

  34. texpat on May 22nd, 2008 at 6:07 pm

    #33 Bill F

    Well said.

  35. american woman on May 22nd, 2008 at 6:16 pm

    The state has had 6 weeks to find something. They have records, and they have the children.

  36. RickG on May 22nd, 2008 at 6:16 pm

    33. Bill

    And if the State will focus on actual wrongdoers rather than mass roundups of allegedly like-minded individuals (the whole concept of which is put in doubt by footnote 11 of the opinion) then it might yet do an extremely important service to the victims and the state.

    But they keep admitting that females they claimed were minors were, in fact, adults.

    One thing is for sure, CPS isn’t going away. It can’t afford to now.

  37. american woman on May 22nd, 2008 at 6:21 pm

    I cannot understand why people will not accept that the state lied. Wasn’t it Grits for Breakfast who said the state had found 5 underage girls, from the very beginning? Weren’t we being told there were 30? Texas changed the law in 05, in 04 thelegal age to marry was 14. There are no 13, 12, 11, 10 year old girls married. Nor are they having children.

  38. foolme on May 22nd, 2008 at 7:07 pm

    Clean up time… and it looks like the RINOS will be swept from office this November, not by a broom but by a worse fate…….OBAMA!

    You gotta love it….. and then you can cry for 4-8 maybe 16 years because we did not clean our own house.

  39. american woman on May 22nd, 2008 at 7:08 pm

    I am so confused by people. This religion believes at a young age, girls should marry, start the family. They are cared for. Their children are not abused. They work together for the good of their beliefs and their community. From what I understand, we should put all of these people in jail. On the other hand, a 14 year old girl can go find a sperm donor who says he lovers her…. or even omits that part, go live with mom and dad. I pay for her schooling, her baby, her new parenting classes just started by HISD, and then after she graduates, I continue to pay for her child. There is no anger about the second situation. It’s perfectly acceptable. The baby has no daddy in the picture. The girl is not in the best of circumstances and the baby… well who knows.

  40. texpat on May 22nd, 2008 at 8:13 pm

    I would like to offer this regularly and spirited defense of Fundamentalist Latter Day Saints practice of polygamy and the impregnation of post-pubescent little girls wherein they maintain once a little girl has menstruated it is their sworn duty before God as follows:

    “DO NOT DELAY” to offer the first of thy ripe fruits and liquors” or the first mensus, when it is pure (Ex.22:29). That is the kind of fruit the Lord requires to exalt to the heavens. “Ye shall know them by their fruits” (Matt.7:16), and now the FLDS are world-renown for the purity or puberty of their fruits. “Let the little children come (Matt.19:14). “DO NOT DELAY IT”, saith the Lord, and is HE not the lawgiver? Who do you think you are to transplant and supersede Jesus Christ as lawgiver? “What is written in the law? Love the Lord thy God with ALL”. “Woe unto you…for ye have omitted the weightier matters of the law” (Matt.23:23).

    The writer is a member of the FLDS and is prominent member with special privileges at Texas Polygamy blog. His nom de plume is “on the street” and he has been linked quite a bit and is well known around the internet.

    Would you submit your daughter to this ?

  41. texpat on May 22nd, 2008 at 8:17 pm

    Here is the link for the comment I mentioned above:

    http://texaspolygamy.blogspot.com/2008/04/another-thread-for-street.html?showComment=1207987560000#c3324340162344443103

    The blog is: texaspolygamy.blogspot dot com

  42. RickG on May 22nd, 2008 at 8:19 pm

    40. texpat

    Would you submit your daughter to this ?

    I certainly would not.

  43. myheadhurts on May 22nd, 2008 at 8:19 pm

    Of course we wouldn’t - but (for the umpteenth time) that doesn’t mean they don’t have rights!

    If believing (apart from evidence of law-breaking action) something that I consider to be “freaky” is a reason to take away rights, I’m probably going to send SWAT for most of you!

    Do I want to live with them? No.
    Do I want my daughter to join them? No.
    Do I think that they’re misguided (at best)? Yes.
    Do I think we should throw them (or their children) all in jail because of it? NO!

  44. RickG on May 22nd, 2008 at 8:22 pm

    43.

    Plus, CPS failed to establish that the vast majority of the kids they seized were subjected to this either. From what we know now, the State’s action was predicated on a handful of underage pregnancies.

  45. Big45Iron on May 22nd, 2008 at 8:41 pm

    Court needs to order the state to terminate those employees who acted illegally. Court then needs to order said terminated employees to work on the ranch doing hard physical labor for about a year. No jail….just a message.

  46. Big45Iron on May 22nd, 2008 at 8:52 pm

    Keep in mind the state always knows what’s best for you and your kids. That’s why they’ve essentially outlawed home schooling in California.

  47. Generation XYY on May 22nd, 2008 at 8:58 pm

    Howdy,

    maybe someone smarter then myself can help me with this.

    “The Department’s lead investigator was of the opinion that due to the “pervasive belief system” of the FLDS, the male children are groomed to be perpetrators of sexual abuse and the girls are raised to be victims of sexual abuse;”

    Am I wrong in interpreting this as:

    //We are removing these kids because of the beliefs of their parents they MIGHT commit crimes in the future//

    Does this mean the state now thinks it can take the children of convicted criminals because their children are more likely to commit crimes???

    Or the children of families who believe in “RACIST” philosophies because they might commit hate crimes when they grow up???

    Is this just nuts or what?

    Genxyy

  48. texpat on May 22nd, 2008 at 9:06 pm

    #43 myheadhurts

    There is nothing in my comment implying the slightest defense of the appalling incompetence of the LEOs or CPS officials involved in the El Dorado fiasco. Their unexcusable actions do not, however, also mean that A) the FLDS is an organization innocent of wrongdoing, or B) crimes have not been committed.

    I do not expect anyone here to find it acceptable to expose their daughters to this kind of behavior. I would also hope those same people would have some compassion and outrage for the young girls who are, regardless of whether their FLDS mothers and fathers condoned and encouraged this way of life. Just because the adults find these practices to be normative doesn’t mean our society should and simply look the other way.

    I find it particularly heinous these young girls are knocked up and saddled with little children before they have the slightest clue about the real world. But that is a brilliant and very effective form of total control. They are first protective of their offspring and, like all good mothers, will sacrifice anything to see their young ones have food and shelter. When you put little girls, with no knowledge of the outside world, into that sort of brainwashed state of mind with no means of independence or education useful in the outside world, they will almost always choose safety.

    I think the men and the leaders of the FLDS are reprehensible and despiscable creeps. I have no repect for them whatsoever. I will defend their right to all the legal and constitutional protections due all other Americans. That does not also require me to ignore their obvious repugnant attitude towards women and children.

  49. texpat on May 22nd, 2008 at 9:29 pm

    My daughter was 10 years, 4 months and 17 days old when she had her first period. I know well because it was Easter Sunday and my mother’s birthday. My daughter, who had gone on an Easter egg that morning, was physically precocious and had started to develop earlier than her peers. I was a little concerned and I did not take her first menses very calmly.

    The idea a little girl like her would be deemed ready or nearly ready to engage in sexual relations with some man is incomprehensible to me. But this is what we face with the FLDS. Do not throw up to me any statistics there have been no little girls in El Dorado found to be impregnated so far. I know this. I also know what they believe and consider not only permissable, but compelling duty in their doctrine.

    No, I don’t have sympathy for these people beyond the mistreatment they have received at the hands of foolish and power-drunk CPS bureacrats. I think the FLDS is a rank, totalitarian thugocracy that believes it perfectly acceptable to flaunt the laws of the United States as long as they can get away with it.

  50. melvinliles on May 22nd, 2008 at 9:54 pm

    Maybe I am looking at this all wrong but, to me this is not all about the FLDS and whether or not you believe in their religious belief. That argument could go on forever. One mans trash is anothers……..
    IMHO, this is more about a vast government agency, run amuck and rampant, setting itself up as the purveyor of morality….not upholding law and following strict guidelines as set out in same.
    Tends to cause me to reflect on just how many hundreds, ney, thousands of cases that they have exercised their same powers and made the same mistakes with others, that have gone unnoticed because the downtrodden , which they have so blatently disregarded the civil rights of, could not get fair and impartial address of their grievances because they did not have the advantage of nationwide media coverage, thereby loosing their parental rights in the wake.
    Just one mans opinion and perusings.

  51. Bill F on May 22nd, 2008 at 10:24 pm

    Don’t continue to act like FLDS was totally innocent in all of this. Part of the reason they took all of the kids and eventually separated them from their parents was that they were unable to get straight answers about whose kids belonged to who and how old the kids were. FLDS members were actively trying to hide kids from CPS and make the job of interviewing the kids difficult for CPS. If FLDS had cooperated and encouraged the kids to tell the truth when interviewed, then it would have been very easy to determine which ones had been abused and who had abused them. Since FLDS chose to try to prevent CPS from finding that out by playing all kinds of hide and seek games with the kids, CPS had no choice but to take them off the ranch, separate them from their parents and then try to get to the bottom of who was a minor, who was pregnant, and who had been abused by adult males. FLDS could have prevented all of that by cooperating with the authorities trying to investigate what they thought was a legit abuse complaint at the time. In my eyes, the lack of cooperation and active attempts to hinder the investigators are indication that there is an organized effort to cover for criminal activity, which makes anybody who participated an accessory to the crime.

  52. BigJolly on May 22nd, 2008 at 10:28 pm

    Just another view. Filed with the 3rd yesterday. Not everything is as it seems.

    http://3033920633817195966-a-trla-org-s-sites.googlegroups.com/a/trla.org/eldorado-media-updates/legal-documents/support_letter.PDF?attredirects=0

    One year ago, the Keate Family lived as a single family in a home at 6440 W. Hammer Lane, Las Vegas, NY 89130. In July 2007, Rulon and Lorene realized they disliked life in mainstream suburbia, and they wished to adopt a more rural life. They were concerned about raising their kids in modem American culture and sending their children to public schools. They saw children in their community struggling with alcohol and drug abuse, teenage pregnancy, sexually transmitted diseases, and violence. They decided to make a change. Both Rulon and Lorene were raised in the FLDS church, and they had heard of the YFZ Ranch. They decided to try life at the Ranch and viewed it as an experiment in simplifying life in an effort to live better.

    Yeah, yeah, before you even bring it up:

    Rulon and Lorene married in 1998 when Rulon was 22 and Lorene 20. This was and is the first and only marriage for both. Ten years later, Rulon and Lorene have six children, all of whom were born outside the state of Texas before the Keate family moved to the ranch.

    So much for stereotypes.

  53. texpat on May 22nd, 2008 at 10:30 pm

    #51 Bill F

    I agree. FLDS has been through these things before, unlike the local CPS. They played them like a violin and knew how to embarass the locals. It’s a game for them and they won. The CPS folks ignored proper procedure and were clueless. The FLDS are laughing their asses off right now.

  54. Meglet on May 22nd, 2008 at 11:20 pm

    Rick let me clarify again as I was having a hard time trying to figure out what I wanted to say and was in too much of a hurry to reread what I did end up writing. I did NOT mean to say that YOU were leaving anything out, but I was questioning whether or not CPS did a good job of making their case and putting out the right evidence. Like someone mentioned before, one of the CPS workers indicated the reason they took the kids was because they were homeschoolers. Ummm…that was NOT the reason that they did it IMHO (and I am a former homeschooler so I feel I can say that). So yeah, really sorry that sounded like I was dissing you. :(

  55. myheadhurts on May 23rd, 2008 at 5:20 am

    Texpat - I think we’re (mostly) agreed. While I don’t fault the FLDS for wanting to stay away from (and keep their kids away from) society, the focus on breeding girls as soon as they hit menses is odious.

    At the same time, we can’t do anything about it until there is evidence a law has been broken. There is no “good guy” in this scenario.

    Bill F - Plenty of folks (including some of the FLDS) have been very straightforward with CPS and had their children taken away anyway. FLDS ain’t angels, but CPS don’t wear a halo, either.

    Meglet - As you’re probably aware as a former homeschooler, CPS considers homeschooling a “danger sign” and makes the assumption that those who are homeschooling are probably “abusing” their children (by keeping them uneducated or making them religious freaks).

    So I think it only convinced CPS that they were right when they found out the FLDS kids don’t go to the local public school, but I agree that it probably wasn’t the primary reason they went in.

  56. bob42 on May 23rd, 2008 at 6:21 am

    I explored home schooling a few years ago and found that Texas is more tolerant of it than other states, where school districts engage the help of CPS in discouraging it. (I’m not saying it’s as easy as it should be in Texas!)

    In one case I read about, the state laws granted undue power to school districts in “ensuring” home schooled were receiving a quality education. The parents jumped through all the usual hoops of using approved curricula, documenting, and testing but the district decided that wasn’t enough, and demanded the children take some standardized tests. At the time, the tests were not mandated by state law.

    The parents refused to comply. The district involved the courts and CPS and the kids were seized. They were brought to school, sat down, and instructed to submit to the examination.

    Both children sat silently with arms folded until the nanny staters finally gave up. Perhaps that is one reason the state frowns on homeschooling. Can’t be teaching kids that government power is and should be limited, can we…

  57. bob42 on May 23rd, 2008 at 6:29 am

    I meant to add that this case did not occur in Texas, and happened prior to the federal government’s additional intrusions, known as “no child left behind.”

  58. Bill F on May 23rd, 2008 at 9:54 am

    Bill F - Plenty of folks (including some of the FLDS) have been very straightforward with CPS and had their children taken away anyway. FLDS ain’t angels, but CPS don’t wear a halo, either.

    That is really a function of choosing better company to hang out with. If I am standing on a street corner with a bunch of my friends who are selling drugs, and the cops roll up to take them down, naturally they are all going to run. If I run too, I should expect to make a visit to jail and will need my lawyer persuades the cops that I wasn’t selling drugs. If instead, when the cops roll up I stick my hands up and give them the names of the guys dealing drugs, then I am unlikely to go to jail.

    The FLDS folks who are monogamous and aren’t allowing their daughters to be raped by the sect leaders should be first in line to help the CPS figure out who is advocating or allowing that practice to happen, but from the sounds of it, a significant number of them were active participants in helping the others try to impede the CPS investigation.

  59. Meglet on May 23rd, 2008 at 10:58 am

    Yes Bob I’ve had friends from other states who told me how they had to take tests from the state every year to be allowed to homeschool. Back in the day even in Texas it was a big deal to homeschool (when my grandparents were raising my aunts who are 7 and 10 years older than me) and you didn’t necessarily broadcast to everyone that you were doing that. In fact my aunt used to show me that she always ran to the backyard when the school bus came by to pick up kids/drop them off because she didn’t want to be taken with them. (She was more like an older sister to me) I am well aware of the challenges homeschoolers have faced through the years but I think now we have a freer ability to do so than ever before at least in Texas and IF that dolt of a CPS agent THOUGHT that homeschooling was the reason they were removing the kids than they DESERVED to lose their case. However I have a feeling that all CPS agents have personal opinions that sometimes interfere with their work which is sometimes where we get in trouble. I have a coworker who is one of the sweetest girls you’ll ever meet and she used to work for CPS. She would not be taking anybody’s kids because they were being homeschooled. I don’t know what I’m babbling about except maybe to say yeah I agree that CPS is probably gun shy over the homeschool issue but it seems to me that a group whose leader has been put in jail for a crime that seems to have been perpetuated (even if only evidence supports 5 girls) I am inclined to think–where there is smoke there is a fire. And if you find a little fire here, it’s possible there is a bigger fire somewhere a little further back. You just have to investigate, and if there is no bigger fire than that’s great but if there IS a bigger fire than you need to make your case the RIGHT way and not focus on stupid little incidentals like homeschooling and wearing funny dresses.

  60. myheadhurts on May 23rd, 2008 at 3:26 pm

    #58,

    Agreed that bad company can be a sign of corrupted good character.

    That being said, if you don’t run and provide the police with the evidence that you have done nothing wrong, that is it.

    Many of the people at the ranch did just that and were told (when presented with state-issued evidence of adulthood), “We don’t believe you. You’re coming with us.”

    Oh! And becoming an informant is not required in this country (at least, it didn’t used to be) for your rights to liberty remaining unmolested.

  61. Meglet on May 23rd, 2008 at 5:43 pm

    No mhh that doesn’t mean your rights can be molested but you can be held as what is it an accomplice? in a crime if you know the details of one and don’t tell anyone what you know.

  62. myheadhurts on May 23rd, 2008 at 9:16 pm

    No, you are not an accomplice if you are aware of a crime and don’t speak up. From the law encyclopedia:

    One who knowingly, voluntarily, and with common intent unites with the principal offender in the commission of a crime. One who is in some way concerned or associated in commission of crime; partaker of guilt; one who aids or assists, or is an accessory. One who is guilty of complicity in crime charged, either by being present and aiding or abetting in it, or having advised and encouraged it, though absent from place when it was committed, though mere presence, acquiescence, or silence, in the absence of a duty to act, is not enough, no matter how reprehensible it may be, to constitute one an accomplice. One is liable as an accomplice to the crime of another if he or she gave assistance or encouragement or failed to perform a legal duty to prevent it with the intent thereby to promote or facilitate commission of the crime.

    (emphasis mine)

  63. Meglet on May 24th, 2008 at 2:03 am

    Oh an ACCESSORY that’s the word I was looking for. You can be an accessory to the crime. Thanks for clearing that up.

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