69 South

Brittany Fortinberry: Probable Cause Affidavit #2

Chop & Julie Season 1 Episode 31

The unsettling allegations against Brittany Fortenberry challenge our perception of trust and safety within our communities. As we unravel the complexities surrounding her case, we invite you to listen to the grim testimonies and troubling details that have emerged. Brittany faces serious charges of sexual misconduct with minors, dissemination of harmful material, and contributing to the delinquency of a minor. In a courageous appearance, the grandmother of one of the victims shares her grandson's harrowing account, bringing to light the coercion and manipulation he endured.

The nature of victim testimony and peer pressure in cases like these is complex and often heartbreaking. We explore the environment that allowed such abuses to occur, touching on the influence of substances and the internal conflict victims face between societal expectations and personal regret. We discuss the broader implications for those affected, highlighting the emotional turmoil and the pursuit of justice that drives our conversation.

With new charges emerging against Brittany, the legal landscape continues to shift. We analyze the implications of these developments and the potential involvement of others in Brittany's sphere, including her open marriage. Stay informed with the latest updates on this case by tuning in and following our Facebook page, Podcast 69 South, as we strive to uncover the truth and seek justice for those impacted by these disturbing allegations.

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Disclaimer: All defendants are INNOCENT UNTIL PROVEN GUILTY in a court of law. All facts are alleged until a conviction!

Speaker 1:

Welcome everyone to Podcast 69 South, where we test and discuss true crime, cold cases, current events and hot topics, along with our state of society today. This is your trigger warning. Our podcast content is produced for adult listeners, 18 years of age and older. We discuss situations that may be offensive and triggering to some listeners. Sit back, relax and enjoy to some listeners. Sit back, relax and enjoy. Welcome back everybody to 69 South. This is part two of Brittany Fortenberry's PCA.

Speaker 2:

Now we were really surprised when this second probable cause came available, because on the day that this story broke, the Morgan County Sheriff's Department filed additional charges against Brittany Fortenberry for an incident that was reported on December 10th of 2024.

Speaker 2:

But I guess they just didn't have enough evidence or whatever to take it to a judge yet, and so nothing was really happening with this case. Well, the story broke about the allegations against Brittany Fortenberry and by the end of the day, they had a warrant out for her arrest. Now these charges go back. They start on October 20th or October of 2023. And we will get into the charges, but first I want to say that if you have children around, you do not want to play this in front of your children, and an additional trigger warning that if you do not like to hear things like this, neither do we. But it needs brought to the light, and the parents in the community need to know what is going on inside the schools or outside the schools with this woman some of the stuff in this probable cause affidavit is pretty, pretty bad.

Speaker 1:

Also, keep in mind that these are all allegations, but according to the probable cause affidavit, the detective said that Brittany Fortenberry did, on October 2023, commit the following criminal offenses In violation of Indiana law, to wit sexual misconduct with a minor, an F4, three counts, dissemination of a matter harmful to a minor and contributing to the delinquency of a minor.

Speaker 2:

This probable cause is based upon the following facts and circumstances. Based upon my personal knowledge, on December 10th 2024, while at the Morgan County Prosecutor's Office on an unrelated case, I was informed that there was an individual in the lobby of the prosecutor's office wanting to speak with someone. I was further informed that this was in regards to Brittany Fortenberry, and then it provides her date of birth, who I had previously investigated and submitted charges for on a previously disclosed event. Now the grandmother of this boy was reporting that her grandson had disclosed to her sexual acts that happened between him and Brittany approximately a year earlier.

Speaker 1:

The detective met with the grandmother and asked her if she, as well as victim we're going to call victim three could come to the sheriff's office the following day, december 11th 2024, so he could speak to them further. He provided grandmother with all of his contact information and arranged for them to meet with him the next day, On December 11th 2024,. I had an opportunity to interview both the grandmother and the victim. I spoke with the grandmother first. A summary of the interview as follows the grandmother said that her grandson, the victim, had asked her if she knew that Brittany was in jail. The grandmother asked why she was in jail and that the victim told her that Brittany had done something on the internet. The grandmother said she asked the victim if Brittany molested him and he told her yes and that he wasn't the only one either. The grandmother that victim three told her that the first time it happened he was very uncomfortable. The grandmother said that she thinks the victim told her he said he felt really weird about it.

Speaker 1:

The grandmother said that the victim was given mushrooms from Brittany and started having sex with her. Grandma said that she first started by Brittany sending naked pictures to the boys and that led to them having sex. Grandma said that this was prior to the victim turning 16. Grandma said that Brittany also told the victim and the other children that if they told what was going on, that she was going to kill herself. Grandma said that the victim has recent conversations as well. Grandma says that they communicate through text. She said that the victim told her this would happen at her house.

Speaker 2:

Grandma explained to me that her grandson was with his dad when Brittany had came into the picture. Grandma said she trusted Brittany. Grandma said that Brittany had been to their house and had bought her grandson clothes and shoes. Grandma said she just had a feeling that something was going on and that maybe it was just her thinking that. Grandma said she couldn't understand why she would come over and she would always have a lot of boys with her.

Speaker 2:

Grandma said she met Brittany because she came over to the house and that her grandson wanted to go to Brittany's house. Grandma said that she told her grandson she needed to meet her because she just couldn't let him go to anybody's house without her meeting them. Grandma said that he he invited her to the house so grandma could meet her, and she wasn't for sure how he got acquainted with Brittany. Grandma also said that Her grandson didn't tell her Anything else about what had Happened and actually told her that she didn't want to know what happened. Now grandma indicated that there were others who have been victimized by Brittany and that one individual was supposed to come in and speak to the detective. I also mentioned to Grandma about wanting to download her grandson's phone if she would consent to that and she said that she would be okay with that.

Speaker 1:

So this is like a really big jump from accusations of sending inappropriate material to actually having intercourse with a 15-year-old.

Speaker 2:

That was reported long before she got arrested because she was never arrested on the first probable cause even though the charges were going through. But they found evidence somewhere to get enough probable cause to get a warrant and it's just so bad.

Speaker 1:

It's horrible, it is awful strange that this story broke, and then I mean it was broke on Fox 59 in a caption, and then we broke it.

Speaker 2:

And then bam the same day.

Speaker 2:

By the end of the day there was all kinds of. There was what three, four, five new charges reported dropped, but they dated back to a year prior, which would have been she would have been teaching at Martinsville School District. I believe she was actually a. There's been in the comments people saying she wasn't actually a teacher, she was a substitute. I guess there's different terms in between substitutes and actual teachers and license and certain legalities, but I what has been said in the comments is that she was a substitute teacher but with a full-time position.

Speaker 1:

Now, after the detective spoke with grandma. He then spoke with the victim and a summary of the vendor. The interview is as follows the detective asked the victim why he thinks he was there today speaking with him. He said necessarily he wouldn't be there saying anything if he didn't look at it, that it was no different than a 30-year-old man and a 15-year-old girl. He said it's still messed up and that it was child molestation. He said there are victims that are considering talking about what happened and there's others that don't want to talk about it. I asked the victim, when he says her, who he was referring to. He then states Brittany Fortenberry. He said her name might be Marie now and might have changed it. I would advise that Brittany's middle name is Marie.

Speaker 2:

He says that Brittany added him on Snapchat this week and he thought it was weird because he thought that she was in jail. He said that Brittany was in the hospital wasn't sure why, and that she had posted about it. He was able to provide me with Brittany's Snapchat identification, which is dogs go to hell, but it's spelled D-A-W-G-S and then goes to hell. I would advise that I have sent a preservation request to Snapchat and have received confirmation that this account was preserved pending a search warrant to obtain records associated with the account.

Speaker 1:

So as long as the account not deleted, they can bam send a preservation request and they'll instantly cap that off, so it can't be thrown in the trash like the Instagram stuff.

Speaker 2:

I wonder if that's the same Snapchat account or it was Instagram with another one, so she can say she deleted everything. But what if she just deactivated it for a certain time and then changed her usernames or in her picture and stuff like that? So people would think maybe it's a different account or I don't know. I don't really know how it works. It's a different account or I don't know?

Speaker 1:

I don't really know how it works, but he explained to the detective that he had met Brittany through his friend and it's redacted because we're not sure if that's a victim or not and he said that he wasn't the first kid, that another friend was and he didn't really know who else was involved. He says he was sitting downstairs in Brittany's son's room with another redacted name and he says that that kid told him that he really needed to get some pussy. He said that he asked what do you mean? I need to get some pussy? And he said that he told him like soon. He said that it felt odd, that the conversation was weird. He said that the other kid told him that they could fuck Brittany. He said he told the other kid no and asked him what he means. He says he told him that she likes it.

Speaker 2:

Wow, I'm just just wowed. I'm taken back by all that.

Speaker 1:

I mean, I can picture these guys saying some shit like that. I mean, I was a 15, 16-year-old boy.

Speaker 2:

Now she's got these two boys in her house that are 15, 16 years old. Are they friends with her children that she has? I mean, that's just weird that to me, that you would have two boys that are your students at your house like that. That's just not right.

Speaker 1:

That's not really the weird part. The weird part is they said that Brittany likes them.

Speaker 2:

Well, yeah, disgusting. And I'm sitting here thinking, if this is already gone this far and left field, I don't even know what the rest is. I'm so disgusted by this already.

Speaker 1:

He said that prior to this, brittany would send him Snapchats nudes and that they liked it. He said he thought it was weird. He said they didn't do anything that night with it. He said he thought it was weird. He said they didn't do anything that night with Brittany.

Speaker 2:

Oh, so you know what's coming. He said the following morning they took somebody to school. He said that he was doing his online, so he went back to Brittany's house. He said that he was sitting in her bed trying to take a nap and Brittany leans over and asked him to cuddle with her. He said it was weird, but he ended up doing it and it felt like peer pressure. She was touching his shit and it was weird, was his exact words. They didn't do anything that day, but every time they did things, she was severely high as hell, is what he added.

Speaker 1:

He also said that Brittany would give them shrooms so he'd get these boys tripping. He said that he only fucked her two or three times. He said others did it more. He also said he didn't get hard when he took shrooms. He said Brittany would get upset because they didn't want to fuck her. He said Brittany would buy them vapes and when he looks back at it he described that as being hush money.

Speaker 2:

Oh, definitely.

Speaker 1:

Just being the coolest chick, but a teacher. Whether it was said or not An adult Right. That's fucked up.

Speaker 2:

I'm sorry, but as an adult you know right from wrong.

Speaker 1:

Absolutely. He's describing it as the vapes and all the you know everything. She would get them basically anything. They wanted To keep it quiet, to keep them shut up.

Speaker 2:

Goodness gracious.

Speaker 1:

He said it felt weird every time he had sex with Brittany. I then clarified with the victim about cuddling on Brittany's bed. I asked him what he meant by touching his shit. He said she was up and down on his dick. I would advise that he demonstrated the motion that was done to him. He said that Brittany told him that she had heard skinny guys had big dicks and asked if she could see.

Speaker 2:

He then talks about one day that he and his friend were there. He said there was a big bottle of white lube and that Brittany asked them both to do something sexual to her with their hands.

Speaker 1:

Yeah, their hands balled up like they're about to punch somebody in the mouth, type shit.

Speaker 2:

He said that they did it and that it was a very, very weird situation, you think?

Speaker 1:

That's very odd. I then clarified with the victim on the incident where Brittany was jerking him off in the bed. He says that they did more and had sex that day. He started off with having sex with him. He said that he didn't say anything to Brittany but was thinking what the fuck? He added that Brittany's husband was a firefighter and that he knew what was going on with the other victim and didn't say anything. The other victim and didn't say anything. Now I kind of want to stop there for a second, because we really don't know anything about the firefighter or what's going on with the husband.

Speaker 1:

I'm sure as a teacher's spouse and being a firefighter and a part of EMS has been reported. I'm sure his career is very important to him and we just want to, you know. Make sure that you all realize that these are just accusations.

Speaker 2:

And this particular accusation is of somebody saying another person knew something. But how can you prove that we don't know for a fact what he knew? For all we know he could have not known anything. This woman is noted to be a very woman that likes to manipulate men. So, and when you're in love with somebody, you're, you're blindsided, you don't see a lot of things. I mean, I'm not sticking up, Maybe I'm playing devil's advocate a little bit here, but you know on his you know bright side too.

Speaker 1:

I think don't firefighters in some job realities, I mean they, they'll go work maybe two days on, two days off or three days on four days Right. This shit could have been going on, but we don't know, and we we do have reports that there are more victims coming forward.

Speaker 2:

So I guess the truth will come out one way or the other Exactly, but don't go making no preconceived judgments about her spouse or anything like that, because there's no facts that he knew what was going on and we don't want anybody to be accused of a crime where there's not enough evidence to be presented and ruin somebody's life. That's not why we do this. We want to catch the people who are doing bad things to kids and sadly in these situations everybody ends up being a victim around that person that did the bad things.

Speaker 1:

Now this victim also talks about the layout of the house some. He said that their kid's room was across from Brittany and her husband's. He said that they are loft-type beds, that he was laying in one and there was another victim laying in the other. He said that Brittany didn't want the other kid to fuck her, only another redacted name. He said that she fucked him, kissed him and that she did this after sucking her husband's private area and he said that this situation really grossed him out.

Speaker 2:

Now. I then revisited the incident that he had talked about with the sexual intercourse with his hands with Brittany, and this was the following day after the first time he and Brittany had sex. He said this was in Brittany's room and on her bed. He said that he and another person were laughing about it, thinking what the fuck is happening here. He said they would spin their fist around that it was weird and awkward. He said they would spin their fist around that it was weird and awkward. He said after that he thinks that after that he and the other person did something but didn't remember what he said. That was all that happened that day with Brittany.

Speaker 1:

He then talks about another incident involving another victim and himself. He said that Brittany wanted them to gangbang her. He said they took shrooms and some shrooms capsules. He said that he was in outer space and didn't do anything. He said Brittany was mad at him because he was just lying there and while the other two were going at it. He said he couldn't get it up. He couldn't do anything and was just lying there. He said that Brittany tried to have sex with him. He told her that he couldn't get it up and she told him that she could give him a BJ. He walked over to her and couldn't get it up.

Speaker 2:

He then talks about how Brittany has drawers full of sex toys, Dildos big dildos, bigger dildos, small dildos, micro dildos and everything sex toys.

Speaker 1:

I would advise that this is consistent with the previous investigation conducted. He said that he doesn't remember every time he went over there, that he went over there a lot, that they didn't necessarily fuck a lot and that Brittany knew how he felt about it, but he just did it.

Speaker 2:

Wow, he must've been feeling some crazy kind of peer pressure, because you know in his head he's thinking man this is so wrong. This is my teacher. What in the hell is going on?

Speaker 1:

And I don't know if everybody knows what shrooms make you feel like, but I've heard that they make you feel like you're, you know.

Speaker 2:

In outer space, like he said.

Speaker 1:

Yeah, and none of this is funny folks, but just like I said, I was a teenage boy. Teenage boys, I mean, even if it's in private, you know, it's just a teenage boy thing, a teenage boy thing, it just is. I mean, it's just a fact of life.

Speaker 2:

So we let's get back to the PCA. The detective asked him if he remembered any other incidents after the most recent one he disclosed about. He said he was trying to think because he didn't want to be wrong. I told him that I didn't want him to guess either, so if he couldn't, that was fine. I then asked him if he knew how old he was when these incidents with Brittany happened. He said he was 15. I asked him what helped him remember that he was 15. He says it was last year. He said he was there in October. He had said that there was a photo in his camera roll on October 10th, 2023, and 99% sure they had sex. He said there's a photo of him in the shower at her house 99%.

Speaker 1:

I mean that's a pretty high percentage, I'm just saying.

Speaker 2:

And if he's got video I mean a picture with him in the shower at her house they could get the metadata off that and get the location.

Speaker 1:

Absolutely.

Speaker 2:

I mean in my head, I think that you can do anything with electronics, but you never know, maybe you can't, maybe you can.

Speaker 1:

The detective then asked the victim if, seeing the picture, if that made him think of anything else that might have happened. He said not that he can recall. He added other than getting the nudes, other than getting the nudes. I then asked him how that started. He said because him and another kid were getting nudes first and they kept it a secret. He said they were laughing about shit and said that Brittany was over there drinking with another female name and that Brittany added him, starting with snapping him and all of them. He said he asked them if this is what they had been doing and they said yeah.

Speaker 1:

He said that the way he thought about it was props to him, that he was cracking a teacher who was married, had kids and her body done. He said Brittany was a stripper and had her tits done and all that. He said initially he thought that it was cool, but now he wishes he'd have never done that and regrets it. See, that's the thing about teenage boys you really don't know what you want. Now we can, you know, snicker a little bit about teenage boys, but they really don't know what they want. And you see, now this poor boy regrets the shit that happened to him. I mean, at the moment, peer pressure. You're on drugs that a teacher gave you. You think that I mean it's just You're going to do it.

Speaker 2:

I mean, yeah, she's giving him drugs, they're bowing to her because they're like man, she's so cool, she lets us do whatever we want, she's a stripper.

Speaker 1:

She's a stripper. Look at all kinds of comedy movies. It's all about the teacher.

Speaker 2:

That's what's a 17-year-old boy or 18-year-old boy. They're like yeah.

Speaker 1:

Van Halen even wrote a song about it.

Speaker 2:

What was?

Speaker 1:

that Hot for Teacher.

Speaker 2:

That's disgusting.

Speaker 1:

Well it is, but it was a good song.

Speaker 2:

So I then asked him to tell me about Brittany being a stripper and having her tits done. He said she might have her body done. He continued saying that Brittany just had her coochie lips cut off.

Speaker 1:

Okay, now hold on a minute there. I've never actually heard of somebody having their coochie lips cut off.

Speaker 2:

I've never heard of it either. I wonder what? No, I don't wonder what that's called. Anyway, he said that Brittany took him and another person on a trip to French Lick, Indiana. He said nothing happened because she had just had her surgery. He said initially it was just Brittany, her kids, another person and himself. He said Brittany's husband came the day that they left French Lick. He said he wasn't there very long because he got really, really sick. He said the last time he had talked to Brittany was probably about a month ago.

Speaker 1:

The victim said now when he talks to Brittany that they would communicate through Snapchat. He said that another kid used another app. When he talked to Brittany, he said he wasn't sure what that app was called. He said that the other victim using the app so they could exchange pictures and his mom wouldn't find out about it.

Speaker 2:

I then asked him if Brittany would ever tell him not to talk to anyone about what was going on between them and he said yeah, of course Brittany knows it was wrong and admit. She has admitted that it is wrong and said that Brittany would say that she was a horrible person and make them feel bad for her. He said that Britney told them if anyone ever found out that she would have to kill herself. He said that Britney would send pictures and videos to him. He said, if we were able to get in her phone, that Britney had galleries of her husband, her sexy videos, and that they had an open marriage. He said her camera rolls were just photos, videos and more videos. He said that Brittany would ask him to send her pictures or videos to her. He said, yes, that he did that a lot and was more than he did that a lot and was more than having sex with her.

Speaker 2:

He would talk about how he would shower at her house. He said that Brittany thought for a while that he could only get an erection in the shower. He said he would send her pictures of him in the shower. He then showed me something Brittany posted about getting out of the hospital today on her Snapchat. I then asked him if there was anything else that he remembers that we haven't already talked about, and he said no. I then asked him if he knew how many other kids that Brittany has had sex with. He said at least five, maybe 10. He said Justin Martinsville, between five and 10. He said that three or four others had told him that they would fuck Britney. Wow.

Speaker 1:

That's another thing. Teenage boys brag on shit that they didn't do sometimes. So who knows about these other three or four yet?

Speaker 2:

Right. He said that those people would be at her house before him. He said they told him she also sent those three or four pictures and videos as well. All the incidents that we talked about happened at Brittany's house.

Speaker 1:

He then asked the victim if he knew where Brittany lived. He said he did, but he didn't know the address. I asked him if he knew where Brittany lived. He said he did, but he didn't know the address. I asked him how he knew where Brittany lived. He then described to me how to get to Brittany's house. He said he might be able to look at locations on Snap of where a photo was taken. He used his Snap map and found Brittany's house. He went to the street address where all the allegations were supposedly to happen at. Using that map, he went to where her house was.

Speaker 1:

He said Brittany's house has a garage, a wooden deck and a porch that leads to the garage and when you walk in their kitchen, the living room, that as soon as you walk in there is a door that looks like a closet door that leads downstairs to Brittany's room and the boys' room. He says Brittany's room is a big room and there is a stripper pole in the center of the room. I would advise that this description from another victim is consistent with my own investigation. He also says that there is a couch thing that folds into a bed. At the end of her bed he also says there is an island type of thing and you walk around it and it goes into her closet Again. I would advise that this is consistent from the previous investigation.

Speaker 2:

I then reviewed everything that he and I had discussed While reviewing these things. He said that he doesn't think another victim would ever talk about these things because he was the first. He talks about how he would sometimes secretly watch Britney with a boyfriend not her husband and but he would watch her with another man and not her husband and one time Brittany gave a BJ while she was having intercourse with this guy. And he talks about having weed shrooms and carts in a top drawer and said she supposedly has shit hidden in the woods and grocery room. Sorry, that's just hard to get out If I stutter or whatever. I just don't even like reading it. It's so disgusting.

Speaker 1:

I then revisited Brittany having her coochie lips cut off. He said that she had the flaps and didn't like it and had them removed. He said that Brittany told her about the surgery when they were going to French lick. He said that Brittany told her about the surgery when they were going to French Lick. He said that Brittany showed him and another victim a picture of what it looked like. He said that everything that he shared with me was all things that had happened to him. No one had told him what to say to me and that they were all true. He said that on the Bible, I explained to him that if any of the people who knows that they have been a victim, they can reach out to the detective if they get to a point where they want to discuss what happened to them. At this point I had the grandmother come back into the interview room.

Speaker 2:

At this point, I discussed downloading the grandson's phone with both the grandmother and the grandson. During this conversation, the grandson got very upset about me taking his phone for a download. I tried to explain to him why we needed to download his phone, to see if there was anything that would help support what he had discussed with the detective. He continued getting upset about his phone being taken. I told him that I wasn't worried about what was on his phone, that we wanted to see if there was any communication between him and Brittany on there. After several minutes, he calmed down about having his phone downloaded.

Speaker 2:

Grandma did sign a consent form allowing for the phone to be downloaded. Now, after the consent form was signed, the interview was concluded. I would advise that I then performed a forensic download of his phone at the sheriff's office. I would advise that visually, looking at the phone, I was able to have the corporal take pictures of Snapchat identifiers that he had shared during his interview. As to Brittany and everything she did, I would further advise that nothing of relevance was found during the forensic download of the phone.

Speaker 1:

Now. At that time, the detective requested that a warrant be issued for Brittany Fortenberry for the above offenses that we read at the beginning. A warrant be issued for Brittany Fortenberry for the above offenses that we read at the beginning. He will also be asking for a search warrant for Brittany's.

Speaker 2:

Snapchat records. As mentioned in the previous report. If you or someone you know has been a victim and would like to report your experience, it's crucial to reach out to the appropriate authorities. In Morgan County, the Sheriff's Department is there to help you. You can contact Detective Sergeant Patrick Williams directly. He's dedicated to assisting victims and ensuring that your voice is heard. Here's how you can reach him. You can call him at 765-349-5057. That's 765-349-5057. Or, if you prefer to send an email, you can reach him at that's Remember, reaching out is a brave step and the morgan county sheriff's department is ready to listen and support you. If you have experienced something difficult, don't hesitate to make that call or send that email.

Speaker 1:

You deserve to be heard and help is just a message away now we have a really really uh, reliable resources that says that there are supposedly more victims coming forward and that this is just the tip of the iceberg. I want to pray for everybody involved in this case and you know, I really hope that this isn't true and you know, I really hope that this isn't.

Speaker 2:

This isn't true, but I'm telling you I mean the way it looks to me. In my opinion, the boy knew a lot of shit or had a very big imagination, which I don't think that's the case, unfortunately. Brittany's mother reached out to our podcast and she had a comment that she would like me to share, and I told her that I would, and what she had to say is that she don't know anything right now. That's going on, and she's completely blindsided and devastated by this. This is only for me, as her husband is concentrating on the children at home. When I learn more, I will be in a better position to figure this out. Until then, I am praying for Amen and I told her you know, I couldn't have said it better myself, because essentially, she's going to end up being a victim in this too, if all these charges and accusations are true and now we have more charges on top of the last ones with some substance to them, and supposedly a lot more substance coming Mm-hmm.

Speaker 1:

We will definitely keep you informed on all of the new substance as it comes out. Any court hearings?

Speaker 2:

substance as it comes out, any court hearings.

Speaker 1:

You can find all of our updates on our Facebook page at Podcast 69 South. Until then, we hope you have a good day, a good evening and a great afternoon. Outro Music.

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