All The New Questions We Have About The Orange County Jail Informant Scandal

SANTA ANA, Calif. ― New evidentiary hearings began Tuesday as part of the penalty phase in the case against Scott Dekraai, a man who pleaded guilty to murdering eight people in 2011 but whose sentencing has remained in limbo amid ongoing allegations of malfeasance by county prosecutors and sheriff’s deputies.

But the testimonies ― or lack thereof ― heard this week only complicated a case that has already been marked by scandal and alleged wrongdoing

Orange County Sheriff Deputies Ben Garcia and William Grover both invoked the Fifth Amendment on Thursday, declining to answer Assistant Public Defender Scott Sanders’ questions about previous testimony in which they covered up the existence of the county’s jail informant program.

Superior Court Judge Thomas Goethals called out Garcia and deputy Seth Tunstall in 2015, saying the pair “either intentionally lied or willfully withheld information” during their testimony. On Thursday, he said he would go back and include Grover in that ruling if he could. All three deputies worked in a branch of their department called “special handling,” which specifically dealt with inmates and jail informants.  

Central to the hearings are questions surrounding the abrupt termination of the special handling log ― a 1,157-page, formerly secret cache of notes that sheriff’s deputies inside the jail maintained from 2008 to 2013 to record their activities with inmates, some of whom were informants. The database has shed new light on the scope of the informant program in the county and has revealed that some deputies were destroying jail records, possibly illegally. 

In separate log entries, Garcia and Grover both describe the “shredding” of “old” documents related to the special handling unit. In another entry, Grover describes a “purge” that he, Garcia and another deputy did of old files in a desk drawer. Here’s an example of one of Grover’s log entries from 2009:

The destruction of records relates to the second subject of testimony: questions surrounding a policy change that allowed OCSD staff to destroy informant-related records ― even as allegations of misconduct around their use of informants grew. 

The first days of the hearings have already raised troubling new questions about the OCSD’s inquiry into the special handling log and the agency’s record retention policies.

Why did OCSD pretend it didn’t have answers about the ending of the log?

Questions have plagued the sheriff’s department over its investigation into the log’s origins, use and sudden termination. Now, during this week’s hearings, a new mystery has begun to develop around the department’s investigation into the log’s ending.

Lt. Andy Stephens took the stand on Tuesday to answer questions about his investigation into the log’s abrupt elimination. Stephens, a 24-year veteran of the OCSD, now oversees the department’s Custody Intelligence Unit, a new unit to oversee jail informants. The CIU replaced the former special handling unit.

Stephens says OCSD command staff asked him to perform a task three days after he took over the CIU: email four OCSD sergeants who worked in classification/special handling during the years that the log was active and ask them about their understanding of the log and why it ended. Stephens obliged. 

One of those sergeants was Marty Ramirez. A late log entry references Ramirez and Lt. Raymond Wert discussing the decision to end the record. The entry dated Jan. 23, 2013, says Ramirez and Wert held a special handling meeting wherein it was determined that the log would end and that deputies would start keeping a document for “important information sharing only.”

But Ramirez told Stephens that “[h]e had no knowledge of the existence of this log during the time he was assigned to that position,” according to court documents. 

In court this week, Sanders showed Stephens an internal memo indicating that Lt. Michael McHenry had questioned Ramirez about the log in July. Ramirez replied at the time by saying Wert was primarily responsible for special handling.

But when McHenry allegedly spoke to Ramirez a month later, Ramirez had a detailed understanding of the log. McHenry says Ramirez told him that when he had learned of the log, “he thought there was a better way to document things.” According to McHenry, Ramirez said, “it wasn’t like the guys were doing anything wrong.” Ramirez explained, according to McHenry, that he saw the termination of the log as “an improvement in operations, not fixing an error.”

It’s therefore unclear why sheriff’s department appears to have begun a second, segregated investigation of Ramirez’s knowledge of the ending of the log ― when they purportedly already had his answer on that issue months before.  

Why did the department request new informant record destruction policies as the informant scandal was unfolding?

Carol Ann Morris, the assistant director of the support services division of the OCSD, took the stand on Thursday. Morris is the author of the agency’s records retention schedules, which determine when OCSD can legally destroy records.

She described embarking on the herculean task of revising record retention policy for the agency in 2013. Most divisions hadn’t updated their policies since 2008, but she said updating the jail division’s retention policies was particularly challenging because they hadn’t been changed since 1979.

In August 2014, after about 15 months of work, Morris submitted her new record retention schedules to the Orange County Board of Supervisors. The board must approve all new record retention policies, she explained in court. Three months later, the jail division requested she add three additional categories to her policy: “confidential informant files,” “source of information” and “special handling jacket or file.” The jail requested the ability to destroy any records they maintained in those categories after just three years. The county supervisors approved the new record policy in December of that year. 

Thus as the county’s jailhouse informant scandal was exploding in 2014, a new record destruction policy was authorized. The policy allowed OCSD to destroy records that, according to testimony, documenting informant history for the previous 30 years. 

Moreover, the three-year interval of the new policy coincided with records that would seemingly exist around the same time that Dekraai was jailed and an informant was allegedly planted next to him to glean incriminating evidence from him. 

Sanders, who has unearthed damning evidence of a jail informant program’s existence, ordered OCSD to turn over those policies to the court in 2016. However, the new record retention policy was never disclosed. Instead, the old policy from 1979 was turned over.

Sanders only discovered the existence of the updated policy when an unnamed source happened to provide him with a copy of it last year ― after the OCSD failed to provide the 2014 retention policies despite a subpoena requiring its disclosure. Sanders has alleged that the OCSD intentionally provided the court with outdated policy documents in order to conceal that the agency had obtained the ability to destroy informant-related evidence.

Morris and her staff member, Vanessa Reid-Mena, both testified on Thursday that it was an accident that the 2014 record retention policy wasn’t turned over to the court. Reid-Mena said the error was due to internal miscommunication over who was going to provide a copy of the new policy. 

But, in describing the OCSD’s inquiry into the failure to disclose the new policy to the court, both Morris and Reid-Mena relayed a story of being interviewed in front of several witnesses for nearly five hours ― off the record. On March 30, 2017, members of the California Attorney General’s Office questioned numerous members of the OCSD, including Morris, Reid-Mena and Assistant OC Sheriff Adam Powell. According to Morris, Powell requested the meeting not be recorded and suggested that there might be more “candor” that way. 

Why did OCSD deputies continue to shred records, even with a legal hold in place?

Morris testified on Thursday that she learned in 2012 that some staff within the jail thought they could rely on the “Jail Operations Manual,” an internal rulebook for jail staff, to provide guidelines for evidence destruction. But the county’s board of supervisors hadn’t authorized those guidelines, meaning they could be illegal. 

An alternative set of unofficial record retention policies was circulated to jail staff sometime that year, Morris said. She said she immediately alerted OCSD commanders that these rules were not official and should not be followed. She testified that she doesn’t know what action was taken to make sure records were not destroyed.

Further, it became illegal to destroy jail records in 2009, when the U.S. Department of Justice began an investigation into county jails.

Sanders also questioned Morris about evidence of document destruction described in the special handling log. When defense attorney showed some of these entries to Morris on Thursday, she said she was “alarmed” by the notion that these deputies were destroying any records.

This week’s hearings came just days after “60 Minutes” aired a segment on the informant scandal. In the segment, OC District Attorney Tony Rackauckas ― whose office faces three investigations over the use of jail informants ― said informants probably shouldn’t believed. Still, his office has been using jailhouse snitches to help secure convictions for decades, presenting them as credible witnesses with credible evidence.

Rackauckas has long maintained that no one in his office intentionally misused the jailhouse informant program. The sheriff’s department has said that it has taken steps to create more robust ways of documenting and managing inmates.

The malfeasance already found in the county and allegations of even more prompted the DOJ to launch an investigation in December. The California attorney general’s office and an Orange County grand jury also continue to investigate.

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I Used An App To Buy Only Ethical Food. It Was Really Hard.

As I walked up to the banana pileup, I knew I was in trouble.

Sure, those things are an excellent (and affordable) healthy snack, but they are almost universally sourced from producers with serious ethical issues.

Yet I still wanted them. What would Michael Pollan do?!

Sheepishly, I scanned the banana barcode using HowGood, a free app intended to help shoppers make more ethical food purchases. I’d been using the app all week to try to make all the “right” choices at the grocery store.

The app revealed, unsurprisingly, that the bananas did not meet HowGood’s sustainability standards, but there were no other banana options in the store. There were also no other options that met the app’s standards, it turned out, in two other stores where I looked for a better alternative.

Eventually, I bit my lip and bought some verboten bananas.

The app that led to my banana boondoggle was created by brothers Arthur and Alexander Gillett in 2007 with the aim of creating an unbiased, one-stop source of information about food companies’ ethical practices and histories, cutting through the confusing web of product labels, academic studies and Internet hot takes to separate the greenwashers from the genuine foodie heroes.

The app relies on a research team — which includes input from hundreds of scientists, academics, farmers and grocers — that has rated over 200,000 products across 70 different indicators that fit into three broader categories. They include how the products are grown, how they are produced or processed, and how the company operates.

Those ratings are boiled down to one of just four ratings — “good,” “great,” “best” or, if a product is determined not to meet standards in all three categories, no rating whatsoever.

Easy, right? HowGood co-founder and CEO Alexander Gillett admitted to HuffPost that simplicity was the goal.

“For each of the different included inputs, the idea is to take all the complexity of the food system and simplify it so you don’t have to have a Ph.D. in each of these fields or understand the difference in every single input to be able to vote with your dollars,” Gillett said.

The ratings can be accessed using the company’s smartphone app, which debuted three years ago and has been slowly attracting an audience and investors ever since, bringing in a new round of funding in the range of $4 million this year.

Using the app, shoppers like me can scan any product with a barcode or search the HowGood database to quickly view product ratings.

Some grocery stores — about 257 across 26 states — are even working with the startup to display the ratings next to products’ price tags, with more to come, according to Gillett. 

“The shelf labeling is going about as fast as we can do it,” Gillett added, noting that licensing the app’s ratings for the in-store labeling is the startup’s primary source of revenue.

For now, it appears the HowGood rollout hasn’t made much of a dent in the Midwest, where I’m based. The nearest store already sporting HowGood shelf labels was more than an hour’s drive away.

Without shelf labels to rely on, I was left scanning each product that piqued my curiosity, a process that felt time-consuming and grew increasingly frustrating when the app began to time out. Then, in large sections of the first store I visited, my phone lost signal altogether, which rendered the app useless.

At two other stores where my signal was stronger, however, I was able to easily compare ratings on products like different brands of coconut oil (all of them were “great”) and feel-good frozen entrees from the likes of Amy’s and Evol (some of them, surprisingly, better than others).

When my phone had a strong signal, the process was certainly quicker than scrolling through pages of Google search results and looking for insights into company practices.

But what about situations — such as my own personal bananagate — in which shoppers have no highly rated options to choose from? And how reliable are these ratings in the first place? Experts in food ethics admire the effort behind the app but aren’t so sure.

Dan Crossley is the executive director of the U.K.-based Food Ethics Council, a nonprofit group.

Crossley said he feels that tools like HowGood hold a lot of potential to help shoppers make more informed decisions in the grocery aisle, but noted that past attempts at developing these sorts of ratings have come up short because the science behind the ratings often isn’t robust enough to capture the nuances inherent in our food system.

He said he wasn’t sure if HowGood has succeeded where many others have failed. The result could even do more harm than good.

Well-intentioned simplification can end up resulting in greater confusion,” Crossley added.

Lauren Ornelas, the founder and executive director of the food justice-oriented Food Empowerment Project, was also concerned that the work could be oversimplifying the issue at hand.

In response to concerns about the ways in which most commercial chocolate is sourced, Ornelas’ organization launched its own “chocolate list” and an accompanying app about six years ago that identifies which chocolate brands their group has reviewed and recommends.

Researching that project, Ornelas added, was a huge undertaking for their small organization. And it was a process that revealed many products are neither “good” nor “bad” — most fall in a gray area in between. That gray area, she said, is less evident in the HowGood approach.

“This makes something that’s very complicated seem very simplistic,” Ornelas told HuffPost.

One particular rating in the app also caught Ornelas’ eye: Driscoll’s raspberries were rated “good,” owing to the brand’s high company conduct score — but the company has been the subject of widespread allegations of farmworker abuses and calls for a global boycott of its products.

The surprising rating made Ornelas question who might be weighing in on the app’s product ratings.

“Who is setting this criteria and deciding what’s the best one out there?” Ornelas added. “If you’re claiming to be any type of entity that’s forcing companies to be more transparent, you have the responsibility to be more transparent yourself.”

In response to a question about the Driscoll’s rating, Gillett said that seemingly controversial companies can sometimes rate better than anticipated using their system because the companies are being compared to the rest of the industry — in other words, everyone is being graded on a curve.

“Oftentimes it’s the case where a company has problems in one area and needs improvement but it’s just a well-publicized version of that and the rest of the industry is performing worse,” Gillett explained.

In addition, Gillett said the company welcomes input from users concerning product ratings and considers that input when it is reviewing ratings, a process that automatically begins anytime a product’s ingredients or sourcing change and is also carried out manually on a regular basis.

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There’s still plenty of reason to be skeptical of all of this.

Paul Thompson, a philosophy professor at Michigan State University who has been studying food ethics issues for 35 years, admitted that the HowGood app was “doing a pretty fair job of covering the bases” on a wide range of food ethics issues. If it becomes more widely used, he said, it could encourage more food companies to embrace better practices.

But still, Thompson said, a more just food system probably won’t be achieved through an app — or through more “woke” shopping habits in the first place.

Anyone who seriously thinks that an app is going to make their food decisions for them is not really engaged in food ethics,” Thompson added. “Food justice usually is about building relationships on a local community level. Maybe I’m old-fashioned, but I still think that a relation mediated by an app is not really a relationship.

Personally, I share Thompson’s skepticism. The app wasn’t particularly easy to use and I’m unsure how many shoppers would take the time to go to three different stores in search of an ethical banana. I’m even less sure that the number of people making such an effort would hit a critical mass capable of shifting the entire food system.

But would it hurt if some people do? Probably not.

Gillett, for his part, remains optimistic.

“You can really make a difference in peoples’ lives by switching from one product to another and supporting the companies with the best practices,” Gillett added. “We’re empowering people to engage and help move the needle.”

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Joseph Erbentraut covers promising innovations and challenges in the areas of food, water, agriculture and our climate. Follow Erbentraut on Twitter at @robojojo. Tips? Email joseph.erbentraut@huffingtonpost.com.

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'Hot Convict' Jeremy Meeks Hangs With Nicki Minaj At AmFAR Gala

”Hot Convict” Jeremy Meeks is making the rounds at the Cannes Film Festival

The model, who was discovered after the Stockton police department posted his mugshot to Facebook, was released from prison in March 2016 and has had a skyrocketing modeling career ever since.

Meeks attended the amfAR gala on Thursday night. Dressed in all black with diamond skulls on his loafers, he smoldered on the red carpet before mingling with stars.

At the gala, Meeks mingled with various guests, including Nicki Minaj and designer Philipp Plein. 

Meeks walked at Philipp Plein’s resort 2018 show in Cannes on Wednesday. The model appeared alongside Paris Hilton at the show and spent time time with Carine Roitfeld, the former editor-in-chief of Vogue Paris. 

“Thank you Philipp plein for an amazing show and Cannes experience!!!” Meeks wrote on Instagram. 

Thank you Philipp plein for an amazing show and Cannes experience !!!

A post shared by JEREMY MEEKS (@jmeeksofficial) on May 25, 2017 at 9:17am PDT

MY FASHION GOD MOTHER @carineroitfeld @philippplein78

A post shared by JEREMY MEEKS (@jmeeksofficial) on May 23, 2017 at 7:52am PDT

Just a few months ago, Meeks walked for Plein at New York Fashion Week. We hope we’ll be seeing a lot more of him around the globe. 

The HuffPost Lifestyle newsletter will make you happier and healthier, one email at a time. Sign up here.

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Kid With Heart Defect Blasts Off 'Into Outer Space' In Sweet Video

A 7-year-old in Georgia got the chance to live out his space dreams, with a little help from virtual reality and Make-A-Wish. 

Zayden Wright of Augusta was born with congenital heart disease and has had four open-heart surgeries and 38 heart catheterizations in his short life. Throughout every ordeal, Zayden has maintained a cheerful attitude, vivid imagination and enthusiasm for all things outer space. 

Make-A-Wish Georgia surprised the little boy with a “trip to space.” The organization partnered with Walk West to make his wish “to go to Saturn in a red rocket ship” possible through VR.

Watch the sweet video above to see Zayden’s awesome experience.

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Everything you need to know about mobile Amber Alerts

At 2:38 PM on May 19th, 2017, my phone buzzed, emitting a high-pitched tone. So did the phone of my colleague Roberto Baldwin, who was standing with me in a Starbucks near our office. Actually, all of the phones in that Starbucks buzzed at the same t…

'Far Cry 5' brings cult mayhem to Hope County February 27th

Far Cry 5 is going to be a little different than you might expect. The new announcement trailer paints a picture of pastoral life that lends itself surprisingly well to the franchise’s familiar trappings: hunting, off-road vehicles, airplanes and gun…

Truly intelligent enemies could change the face of gaming

Live, die, repeat — the tagline for the 2014 science-fiction film Edge of Tomorrow — describes its protagonist, who “respawned” every time he died in the real world. Critics noted that the conceit resembled the cyclical experience of playing a vide…

Mattel Classic Retro Sports Games Still Suck

Anyone who didn’t grow up back in the early ’80s doesn’t really understand how awesome it was when video games started hitting the scene. In those days, if we found a quarter in the road, we were in the gas station arcade 60 seconds later. For some of my early childhood no one had video games at home until Pong came out, which was fun for about 5 minutes.

In those early days, every time I went to K-Mart with my parents I ended up in the toy section with these crummy Mattel football games in hand. Little red dashes ran after each other, and I never won a single game. Later, they came out with baseball and basketball versions, and I sucked at those even more. That all said, if you want to relive your childhood memory of mediocre handheld gaming, here you go.

ThinkGeek is offering recreations of these three Mattel retro games for $19.99(USD) each. There are a few differences, like “improved” buttons and sound effects, but for the most part they play just like the originals, so I’m certain I’d still suck at them. I’ll stick with Fallout 4 and Civ 6, thanks.

 

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Mother Locked In Family Detention Attempts Suicide To Free Her Kids

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AUSTIN, Texas ― A woman locked at a family immigrant detention center tried to take her own life this month in what legal advocates described as a desperate effort to free her two kids.  

Samira Hakimi, an Afghan national, has spent the last six months detained with her two young children despite a federal ruling that dictates they should have been released within three weeks. The case reinforces the longstanding concerns of immigrant rights groups that say asylum-seeking families should not be forced into prolonged detention.

“They told us you will only be a couple of days in there,” Hakimi told HuffPost. “I never thought that I would be detained here for such a long time. That I’m detained here because I’m from Afghanistan and that’s all. But I’m human.”

In Afghanistan, the Hakimi family had established a high school and multi-branch private university that used Western curricula, taught in both English and Dari and offered more than half its scholarships to women, according to lawyers representing Hakimi and her husband. 

Since 2013, the Taliban repeatedly threatened the family for its work. To avoid the danger of commuting, the family moved onto the university campus and contracted private security guards that year.

It wasn’t enough for them to feel safe. “We could not go outside,” Hakimi said. “My children could not go to school. We thought they might be kidnapped. This was always in our minds…. They have their lives to live. They should live happy and free from every small thing, going to school and enjoying their lives.”

Last year, they fled Afghanistan with Hakimi’s brother-in-law and his pregnant wife, who were facing similar threats.

In December, the two families crossed into the United States from Mexico through a legal port of entry, where they all asked for asylum. The men were separated and sent to all-male immigrant detention centers, where they remain. Hakimi and her kids, as well as her sister-in-law and her newborn baby, were sent to the South Texas Family Detention Center in the town of Dilley and later transferred to the Karnes County Residential Center outside San Antonio. 

Hakimi passed her “credible fear” interview ― the first step toward applying for asylum. It’s common practice for Immigration and Customs Enforcement to free people who pass these interviews so they can pursue their cases in immigration court, but ICE declined to release her and her children. The agency did not respond to a request for comment explaining why it refuses to release them. Hakimi’s sister-in-law is also still at Karnes with her 10-month-old baby.

Hakimi told HuffPost she had suffered from bouts of clinical depression before being detained. Advocates with RAICES, a nonprofit that provides legal services to detained families, say she had attempted suicide in the past and told medical workers at Karnes that her condition had worsened as her case appeared to stall. Neither medicine nor therapy would alleviate the problem, she argued. Her depression stemmed from remaining locked up in the detention center with her children.

As the months dragged on, she lost hope. “Here, no one talks to us,” Hakimi said. “They don’t give us the reason why I’m detained in here. I never thought that I would be detained here for such a long time.”

Her son came to her one day asking her why other families were allowed to leave but not them. “That was really triggering her,” Amy Fisher, RAICES’s policy director, told HuffPost. “She was crying and really depressed. And she went into this thought process, when she was really low, thinking, ‘Well, if I’m no longer here, maybe my children can be free.’” Kids cannot be held without their parents or guardians in family detention. 

After she made an effort to take her own life, she woke up in the medical unit of the detention center and was taken to a nearby hospital, where two members of the detention center staff sat with her continuously.  

“I told them, ‘I’m just crying for my children, please,’” she said in a recording with one of her legal providers. “I’m not sick. But they gave me medicine. And they told me take this every four hours, but I didn’t take it anymore.”

Hakimi told her lawyer she did not know what the medicine was. RAICES is requesting her medical records.  

The suicide attempt at Karnes occurred the same month as an immigrant detainee’s suicide at the Stewart Detention Center in Lumpkin, Georgia. Jean Jiménez-Joseph, 27, killed himself after spending nearly three weeks in solitary confinement.

Human rights groups have long criticized mental health services at immigrant detention centers. But Fisher said even adequate therapy wouldn’t resolve the problem Hakimi faces.

“There’s no surprise or coincidence that she attempted suicide within days of a young man committing suicide in another detention center,” Fisher said. “There’s no mental health care that can effectively treat someone who is traumatized in a detained setting.”

The Obama administration had all but abandoned the family detention policy by 2009, but hastily resurrected it in 2014 to dissuade a sudden influx of Central American mothers and children from crossing into the United States. Most of them were seeking refuge from violence in El Salvador, Guatemala and Honduras.

U.S. District Judge Dolly Gee ruled in 2015 that the policy violates a longstanding federal settlement called the Flores Agreement, which requires children to be held in the least restrictive setting possible and to generally be released from detention. To comply with the ruling, most families are released from detention within three weeks.

But Hakimi and her children still have no idea when they’ll be freed. The uncertainty of her case likely played a key role in her deteriorating mental health, according to Luis Zayas, the dean of social work for the University of Texas at Austin. Zayas has interviewed dozens of detainees at Karnes and says clinical depression and high levels of anxiety are common there.

“We see it constantly,” Zayas said. “It’s not necessarily an intrinsic form of depression, based on brain chemicals or a longstanding depression ― it’s what we call ‘reactive.’ It’s related to the environment the person is in, especially over a long period of time.”

Zayas had not interviewed the Afghan woman, but evaluated another woman who attempted suicide at Karnes in 2015. He said he saw parallels in their cases. Both of them had histories of depression and suicidal thoughts prior to entering detention.

Suffering through a period of prolonged confinement can push people back to their worst states of mind, particularly if they have a history of mental illness, according to Zayas. The problem is particularly acute with people in family detention, where the vast majority file claims for asylum or other humanitarian exemptions from deportation. “These families aren’t prepared to be there because they’re not criminals,” Zayas said.

“This is what happens when people get desperate,” Zayas added. “This woman is suffering a mental health crisis. But we know where it’s coming from. We know what we can do to stop it.” 

If you or someone you know needs help, call 1-800-273-8255 for the
National

Suicide Prevention Lifeline.
You can also text HELLO to 741-741 for free,
24-hour support from the
Crisis Text Line.
Outside of the U.S., please
visit the International Association for
Suicide Prevention
for a database
of resources.

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