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From: Dan Clore
Subject: Bari Bombing Stories
Date: Sun, 16 Jun 2002 15:59:16 -0700
Organization: The Soylent Green Party
News for Anarchists & Activists:
Earth First! Pair Win Jury Award
Courts: Panel finds FBI, Oakland police violated their
rights in 1990
By BETTINA BOXALL and KAREN ALEXANDER
SPECIAL TO THE TIMES
June 12 2002
OAKLAND -- OAKLAND -- Ending a two-month trial and handing
Earth First! activist Judi Bari a posthumous vindication, a
federal jury awarded $2.9 million to her estate Tuesday
after finding FBI agents and Oakland police officers
violated her civil rights in their handling of a car-bombing
investigation 12 years ago.
Bari, who died of breast cancer in 1997, and fellow activist
Darryl Cherney were arrested for transporting explosives
after a pipe bomb blew up in Bari's car in May 1990,
severely injuring her.
Prosecutors later declined to press charges and the two
sued, complaining that the government had framed them and
engaged in a smear campaign to discredit their movement
against redwood logging on the North Coast. A U.S. District
Court jury deliberated for more than three weeks before
reading its verdict around noon Tuesday from a complicated,
21-page form. The jurors awarded Cherney $1.5 million in
Bari's attorneys and supporters hugged and cried after the
jury was excused. A few dozen environmental activists waved
placards and cheered as the panel left the federal building
in downtown Oakland.
The trial was seen by many on the political left as a test
of broader allegations that the government unfairly
disrupted the activities of radical groups beginning in the
U.S. District Judge Claudia Wilken rejected the plaintiffs'
effort to make the trial a platform for such issues,
including counterintelligence against the Black Panthers.
But the victors still found in the verdict a broad
condemnation of the FBI and other authorities.
"The FBI lied over and over again about me and Judi Bari and
they used the Oakland [Police Department] as their lackeys,"
said Cherney, who performed one of his activist songs on the
"Suing the FBI is something more Americans need to be
On the courthouse steps, Darlene Comingore, executor of
Bari's estate, said the verdict was "really beyond our
wildest dreams. This jury got it .... We hope the FBI in
Oakland and all the police departments out there that think
they can violate people's rights now know that they can't
get away with it."
Defense attorneys declined comment as they left court. A
Justice Department spokesman in Washington said his agency
was reviewing the verdict and "would decide in the near
future what our next step will be."
Later in the afternoon, Oakland Deputy City Atty. Bill
Simmons called the verdict disappointing and said the city
will consider an appeal.
"As to much of the verdict, especially the 1st Amendment
findings, we are just not able to understand what evidence
they've relied on to come to those findings," Simmons said.
Judge Wilken dropped two FBI defendants from the complaint
for lack of evidence at the end of testimony. The jury
cleared a third FBI defendant of any violation.
But six other defendants, three with the FBI and three with
the Oakland police, were found to have violated Bari's or
Cherney's civil rights to varying degrees.
In deciding liability, the jury placed the heaviest blame on
Clyde M. Sims, an Oakland police lieutenant who headed his
department's investigation of the car bombing, FBI Agent
John Reikes, who headed the terrorism squad in San
Francisco, and Frank Doyle, an FBI bomb specialist.
Other defendants implicated in some way were the FBI's
Philip Sena and Oakland Police Officers Robert Chenault and
The jury concluded that Bari's 4th Amendment rights against
unlawful search and seizure had been violated, as well as
her 1st Amendment right of freedom of expression.
The jury was hung on whether Cherney's 4th Amendment rights
had been violated in connection with his arrest, but agreed
they had been violated by a search warrant for his home. The
panel also agreed that his 1st Amendment rights had been
The jury rejected claims that the defendants had engaged in
a conspiracy to deprive Bari and Cherney of their rights.
Dennis Cunningham, the plaintiffs' lead attorney, speculated
that the conspiracy charge may have seemed superfluous to
the jury. "It really doesn't detract from [the verdict]
much," he said. "The fact is that substantial violations
Cunningham, one of a team of attorneys who had worked on the
case for years, said it is unusual for a civil rights
lawsuit involving political activists to succeed.
"I've had a lot of such cases and most of them have not been
that successful," he said. But the behavior of authorities
in the Bari case "was really calculated," Cunningham said.
"They had to really go out of their way to do this ... and I
think the jury comprehended that in a full way."
Judge Wilken instructed the jury of eight women and two men
not to talk to the media after the verdict.
At the time of the bombing, Bari and Cherney were organizing
"Redwood Summer," a series of protests against the logging
of old-growth redwoods. The case has never been solved.
During six weeks of testimony, the plaintiffs painted law
enforcement as so eager to incriminate Bari and Cherney that
they ignored death threats the pair had received and never
bothered to conduct a thorough investigation.
The bombing put Bari in the hospital for two months and left
her with permanent injuries. Cherney, a front-seat passenger
in the car, suffered minor injuries.
The two key claims upon which investigators based the
arrests were later contradicted or could not be proven: that
nails wrapped around the crudely made pipe bomb matched
those found in Bari's home and that the device went off when
it was sitting in open view on the car's rear floorboard.
The FBI crime lab subsequently concluded that the bomb had
exploded under Bari's seat. And prosecutors found the nails
had been manufactured in such large batches that a close
match was impossible.
Though charges were never filed against Bari and Cherney,
they complained the arrests and ensuing publicity forever
damned them in the public eye as violent terrorists who had
blown themselves up.
Bari gave a videotaped deposition shortly before her death.
Parts of it were presented during the trial on large-screen
monitors in the courtroom.
Cherney, shorn of the bushy North Woods beard he had at the
time of the bombing, took the stand, at one point performing
"Spike a Tree for Jesus" for the jury.
During closing statements, Cherney's attorneys apologized
for the song, conceding that it might have been a bit much
for a federal courtroom.
In testimony, FBI and Oakland Police Department defendants
both pointed to the other agency as the one that rushed to
judgment in the arrests.
Defense attorneys also said their clients had handled the
investigation properly, and had ample reason to arrest Bari
They cited provocative statements by Cherney as evidence
that he was not the peaceful environmental organizer he
presented himself to be.
In a 1990 network television interview, Cherney had said
that if he were terminally ill, he would strap explosives to
himself and blow up a dam or corporate headquarters after
Heroes to many in the environmental movement, Bari and
Cherney were viewed widely as dangerous radicals by
management and workers in the California timber industry.
Mary Bullwinkel, spokeswoman for Humboldt County-based
Pacific Lumber Co., a longtime target of the Earth First!
organization, said the company had no comment on the
But environmental groups in Northern California were
encouraged by the jury's decision and substantial award.
"Environmental groups will be hardened and empowered by this
decision," said Dana Stolzman, a member of the
Environmental Protection Information Center, a Mendocino
County-based advocacy group for the protection of old-growth
Stolzman said the 1990 arrests of Bari and Cherney had a
temporary chilling effect on the environmental movement.
The verdict, Stolzman said, "affirms that the 1st Amendment
rights should be upheld. People should be able to advocate
the protection of ancient redwoods without risking their
Alexander reported from Oakland, Boxall from Los Angeles.
Also contributing was Times staff writer Rone Tempest.
After 11 years, jury vindicates Earth First pair
FBI, Oakland officers must pay $4.4 million for civil rights
by Jim Herron Zamora, [San Francisco] Chronicle Staff Writer
Wednesday, June 12, 2002
Five years ago, Judi Bari lay on her deathbed still saying
the FBI had framed her as an eco-terrorist. A jury agreed
Tuesday and awarded her estate $2.9 million.
In one of the biggest civil rights verdicts of its kind, a
federal jury said FBI agents and Oakland police officers
must pay $4.4 million in damages to Bari's estate and fellow
Earth First organizer Darryl Cherney. The two forest
activists were injured in a 1990 car bombing in Oakland and
investigated as eco-terrorists. Bari died of cancer in 1997.
The jury unanimously found six federal agents and police
officers liable for violating the pair's constitutional
rights to free speech and protection from unlawful searches.
They argued that the investigation, which has never cleared
them as suspects, undermined their credibility and hurt
their ability to promote forest preservation.
An attorney for the FBI agents said the government, which
had fought for 11 years to keep the case from going to
trial, indicated that an appeal is likely.
Attorneys for Cherney and Bari's estate said the verdict
should serve as a warning as the FBI seeks broader powers
for domestic spying in the wake of the Sept. 11 attacks.
"The jury showed the rest of America that even in the face
of brutal terrorism we cannot discard the very civil
liberties that make the country great," said attorney J.
U.S. District Judge Claudia Wilken ordered the 10-person
jury not to talk publicly about the case until after appeals
are completed. Outside court, six of the jurors smiled and
nodded as they walked past a group of Earth First
supporters, who gave them a standing ovation.
Cherney and Bari were injured when a pipe bomb exploded in
Bari's Subaru station wagon while they were driving along
Park Boulevard in Oakland on May 24, 1990. Bari, who was at
the wheel, suffered a crushed pelvis, and Cherney received
cuts from the blast.
The two, who were on their way to speak at a rally to
promote Redwood Summer, were arrested within hours, and
their homes and vehicles were searched.
Authorities then said they believed that Bari and Cherney
were carrying the bomb in her car and that it detonated
Cherney and Bari later sued investigators, alleging false
arrest, illegal search, slanderous statements and
JURY FINDS CIVIL RIGHTS VIOLATED
The verdict followed a five-week trial in Oakland federal
court and 18 days of deliberations over whether authorities
unfairly targeted the activists as suspects in the blast.
The two were arrested in the bombing but later freed for
lack of evidence.
The jury found six of seven defendants liable for civil
rights violations. They are retired FBI agents Frank Doyle,
John Reikes, Phil Sena; Oakland police Sgt. Robert Chenault;
retired Oakland police Sgt. Michael Sitterud; and former
Oakland Lt. Mike Sims, now with the Tracy Police Department.
The jury cleared retired agent Stockton Buck.
The trial revealed contradictions between FBI investigators
and the agency's crime lab over whether the bomb was visible
to the car's passengers before it detonated. The trial also
showed that investigators wrongly stated that round-topped
nails used in the pipe bomb were the same as flat-headed
nails used by Bari in her carpentry job.
The officers said they were heavily influenced by FBI agents
who came to the bombing scene and said Bari and Cherney were
tied to domestic terrorism. FBI agents, meanwhile, maintain
that it was Oakland police who pushed for the swift arrests
and misrepresented their findings.
Of the $2.9 million in damages for Bari's estate, $1.3
million is punitive and $1.6 million compensatory.
The jury said Cherney should receive $650,000 in punitive
damages and $850, 000 in compensatory damages.
The trial had been scheduled for Oct. 1 but was postponed
because attorneys feared the jury would be swayed by
favorable feelings toward law enforcement after the
"The American public needs to understand that the FBI can't
be trusted," Cherney said. "Ten jurors got a good, hard look
at the FBI and they didn't like what they saw."
FBI MAY APPEAL VERDICT
Joseph Sher, attorney for four FBI agents named as
defendants in the case, said, "It's too early to talk about
appeal." Earlier in court, he signaled that the federal
government would probably appeal an unfavorable verdict.
Assistant Oakland City Attorney Maria Bee said she was
"disappointed" at the verdict and the award of $2 million
against three Oakland police investigators.
"I believe that the verdict is inconsistent with the
evidence," Bee said. "The Oakland police don't have anything
to apologize for. My position remains -- despite the jury's
verdict -- that what they did was reasonable."
Although the judgments are against the agents and officers
as individuals, government agencies generally cover punitive
awards, Bee said. By law, public agencies must cover
compensatory damages against law enforcement officers who
act within the scope of their duties.
The verdict is larger than similar decisions and settlements
in which political activists sued the FBI and local police
for civil rights violations, according to plaintiff's
attorney Robert Bloom.
In 1981, a jury awarded Julius Hobson and several other
civil rights activists $711,000 for harassment by the FBI
and Washington, D.C., police. That verdict later was reduced
Bloom noted that other big cases with political overtones
settled by the FBI often involved loss of life. In 1995, the
FBI paid $3.1 million to the family of Vicki Weaver, who was
killed three years earlier at Ruby Ridge, Idaho. The family
of of Black Panther Fred Hampton, killed during a FBI raid
in 1969, received $1.85 million.
To this day, Cherney is angry that he and Bari have never
"We lived for years under the cloud of suspicion. . . . We
waited a long time for the chance to show our innocence,"
Cherney said. "I think the government owes us an apology.
In a videotaped deposition taken just before her death, Bari
compared her situation with that of an Atlanta security
guard who was wrongly accused of a bombing during the 1996
"I felt some bitterness when Richard Jewell was given a
public exoneration, " Bari said.
Chronicle staff writer Henry K. Lee contributed to this
report. / E-mail Jim Herron Zamora at
News for Anarchists & Activists:
Institute for Public Accuracy
(The IPA is a nationwide consortium of policy researchers
that seeks to broaden public discourse by gaining media
access for experts whose perspectives are often overshadowed
by major think tanks and other influential institutions.)
WASHINGTON -- Earth First! and the FBI: What the Verdict
Twelve years after Darryl Cherney and Judi Bari were
arrested for the bombing of their own car, a jury awarded
them $4.4 million on June 11 in their suit against the FBI
and the Oakland Police for framing them. In 1990, Cherney
was injured in a car bombing along with fellow Earth First!
activist Judi Bari. The two were arrested when the FBI
claimed that they had planted the bomb. All charges against
Bari and Cherney were later dropped. Cherney sued the FBI.
So did Bari, who later died of cancer.
-- Dennis Cunningham was the lead counsel in Bari vs. the
FBI. He has also represented the family of Black Panther
leader Fred Hampton, who was slain by Chicago police at the
instigation of the FBI.
"In a legal victory of historic proportions against the FBI,
the jury found that six of the seven defendants violated the
First and Fourth Amendments of the Constitution by arresting
the activists, conducting searches of their homes and
carrying out a smear campaign in the press, calling Earth
First! a terrorist organization and calling the activists
bombers in the aftermath of the explosion of a bomb that was
planted in Judi Bari's car in 1990. This verdict is a
referendum against the FBI's gross interference with
people's right to dissent at a time when Attorney General
Ashcroft, FBI Director Mueller and the Bush administration
are arrogating huge power to themselves and the FBI to spy
on legitimate groups and organizers, and infringe on
Constitutional rights of the public."
-- Nkechi Taifa, director of the Equal Justice Program at
the Howard University School of Law.
"This jury verdict is yet another indication of what is in
store should Ashcroft's plans to loosen the longstanding
Levi guidelines become a reality. The guidelines were
implemented to curb FBI abuses uncovered during the Senate
investigations of the mid-'70s. The 1990 Bari bomb fiasco
occurred despite the existence of these clear guidelines
prohibiting such outrageous activity by the FBI. What will
be the limits of governmental abuse if there are no
guidelines in place?"
-- Paul Wolf, principal author of the report "COINTELPRO:
The Untold American Story."
"Despite its carefully contrived image as the nation's
premier crime-fighting agency, the FBI has always functioned
primarily as America's political police. This role has
included not only the collection of intelligence on the
activities of political dissidents and groups, but also
counterintelligence operations to thwart those activities
... There is no better example than the Judi Bari case to
show that the FBI kept on well into the 1990s using covert
action tactics against political movements and activists
which they perceived as threats to the established order ...
In spite of knowing full well from their own expert's
testimony that Bari and Cherney were innocent victims, the
FBI and Oakland police continued to lie to the media ...
saying they had plenty of evidence they were the bombers."
The Davis Enterprise
Local cheers friend's win
By Lauren Keene/Enterprise staff writer
When an Oakland jury announced its $4.4 million verdict in
favor of two Earth First! activists Tuesday, Davis resident
Darlene Comingore was among those celebrating the
Comingore, who has lived in Davis for the past 21Ú2 years,
was a longtime friend and self-described "political comrade"
of the late Judi Bari, one of two plaintiffs in the federal
civil rights case against Oakland police and the FBI.
Comingore is the executor of Bari's estate.
"I was extremely happy -- so proud for Judi, that she's been
vindicated," Comingore said in a phone interview Tuesday
from Oakland, where she was present when the verdict was
read. She praised the jury for sending a message that
suppression and civil-rights violations by the government
will not be tolerated.
The case was filed following a May 1990 incident in which a
motion-triggered pipe bomb exploded under the seat of Bari's
car, injuring her and fellow activist Darryl Cherney.
Despite evidence that the activists were the targets of the
bomb, authorities alleged that Bari and Cherney knowingly
carried the bomb for use in environmental sabotage, although
charges against them never materialized. The activists filed
their lawsuit shortly thereafter.
After waiting 12 years for the case to go to trial,
Comingore used vacation time from her job to attend parts of
the nine-week trial. As the jury deliberated the case,
Comingore said in an interview with The Enterprise that she
was struck in particular by two aspects of the trial -- the
jury's attentiveness and the weakness of the defendants'
"I think it's because we have the facts on our side,"
Comingore said at the time. "This jury seemed to get it, so
I think we have a good chance of winning."
She said one of the most moving moments of the trial was the
videotaped testimony of Bari, taken just two weeks before
she died of breast cancer in 1997.
"She was the best witness," Comingore said. "You could see
how sick she was, but you could see a spark of life and
genius. It was heartbreaking -- I pretty much lost it."
Comingore said she also found herself moved after seeing her
friend's bombed car, which was preserved for use in the
trial. Its wreckage was compared to a similar vehicle that
was shown intact.
"I had seen pictures of it (the ruined car), but I had never
seen it," Comingore said. "I felt such sadness -- it was
shocking to see the force that went through that car and
also went through (Bari's) body."
Bari's pelvis was crushed by the impact of the bomb.
Although she defied predictions that she would never walk
again, Bari suffered from nerve damage for the remainder of
her life, Comingore said.
Comingore met Bari in 1979, when both women attended a vigil
in front of PG&E's Santa Rosa facility to oppose the
licensing of the Diablo Canyon nuclear power plant in San
Luis Obispo County. They later went on to work together in
the bottling line at a small winery.
"That was when we became really good friends," Comingore
recalled. She and Bari later joined forces on their activist
efforts, putting out a newsletter called "Nuke Notes" and
organizing opposition to U.S. government intervention in El
At the time of the car bombing, Bari was active in
organizing nonviolent protests of redwood forest logging,
including a series of mass protests known as "Redwood
Had Bari lived to witness Tuesday's verdict, "I think she
would have said, 'Let's take this victory to the streets --
and to the trees,' " Comingore said.
-- Reach Lauren Keene at
Wednesday, June 12, 2002
News for Anarchists & Activists:
San Francisco Chronicle
Civil rights still count
Thursday, June 13, 2002
THE $4.4 MILLION in civil damages awarded by a federal-court
jury in the Earth First car-bomb case reminds law
enforcement advocates that Americans are not panicked by the
threat of terrorism into abandoning their civil rights.
The lawsuit was won by the estate of anti-logging activist
Judi Bari, and by Darryl Cherney, both injured when a bomb
exploded in her car in 1990. The jurors in Oakland found
that three FBI agents and three police investigators
violated the bomb victims' civil rights. Bari and Cherney
were arrested on explosives charges but freed for lack of
evidence. They claimed to be targets of an assassination
attempt that authorities failed to investigate.
The long-pending lawsuit, surviving Bari's death from cancer
in 1997, ended in the shadow of Sept. 11. A trial date of
last Oct. 1 was changed as plaintiffs' lawyers worried that
no jury in that atmosphere would rule against authorities.
During trial, a federal attorney pointedly praised the FBI
defendants as "dedicated public servants whose job was to
protect us from terrorism."
The jurors, to their credit, focused on how the federal and
local cops had treated the rights of Bari and Cherney. The
overzealous pursuit of the two was unacceptable -- and
unconstitutional -- regardless of what one thinks of the
activists' politics or personalities.
The following appears at:
egregious that it may be worth responding to.
The Wall Street Journal
SCENE & HEARD
Who Wants to Be a Millionaire?
An environmental extremist wins big bucks from the FBI.
BY COLLIN LEVEY
Thursday, June 13, 2002 12:01 a.m. EDT
Now another reason environmentalists love green. On Tuesday,
a jury in California awarded two Earth First! activists $4.4
million for being "framed" 12 years ago by Oakland police
and FBI agents when a homemade pipe bomb exploded in their
car. The happy recipient of the award is calling it a great
civil rights victory. "We're blockading the FBI from
clear-cutting the Constitution," Daryl Cherney boasted.
What wonders a few million can do for one's reverence for
the law. Only a few weeks ago, the same Mr. Cherney told a
group of ninth-graders at an Oakland high school that "just
because something's legal doesn't make it right. . . .
That's what political activists are for."
[Cherney is right. And in no way does support for specific
laws, such as the Bill of Rights, imply that all laws are
The story begins in 1990, when Mr. Cherney and fellow
activist Judi Bari were cruising through Oakland on their
way to a "save the redwoods" demonstration and a pipe bomb
exploded in their car, injuring Ms. Bari badly. In the weeks
that followed, the FBI and the Oakland police developed a
theory: The two Earth First!ers were injured by their own
bomb when it accidentally went off.
[First, the bomb was motion-triggered and placed under the
driver's seat, and went off when they began driving, not
while they were "cruising through Oakland". Second, the
"theory" that it was their own bomb was contradicted by the
facts of the case and the FBI and Oakland police were
documented lying about these facts to make the case.--DC]
At the time, the case received widespread attention. Earth
First! was coming into its own as a leader in the
environmental tactic of "monkey wrenching"--using sabotage
to make a political point. Mr. Cherney and Ms. Bari were
initially arrested, but the FBI never found enough evidence
to charge them. Someone eventually claimed responsibility
for the act, but no one was ever charged.
[No one was charged because there was no investigation of
the claim of responsibility, which included information
about the bomb which had not been publically released and
was therefore quite credible.--DC]
Fast forward 12 years. The activists' lawyers alleged broad
patterns of corruption in FBI tactics against everyone from
environmental groups to the Black Panthers and built their
case claiming the authorities had an intentional disregard
for the facts. All this in a conspiracy to smear the
activists' good names.
[Is this individual really unaware of things like
COINTELPRO? I somehow doubt it.--DC]
In a taped statement played for the jury, Bari, who died of
breast cancer in 1995, said she had had to endure years of a
sort of Michael Jackson-like humiliation, of being known "as
the woman who blew herself up with her own bomb."
After hours of deliberation, the jury agreed and, according
to Mr. Cherney, offered up a valuable lesson to the American
public: "Suing the FBI is something more Americans need to
be involved with," he said.
We might think of a couple of better lessons to be drawn
from the case, but the chance just to listen to some of Mr.
Cherney's old hippie firebrand environmentalism has been
worthwhile. Bomb or no bomb, folks like Bari and Mr. Cherney
are the intellectual godparents of today's activists of
[Despite being nonviolent, of course.--DC]
After all, it was in the early '90s, around the time of the
Bari-Cherney bombing, that the modern environmental movement
became what it is today. Earth First! was known for "tree
spiking"--driving large nails into trees. If it sounds
innocuous, it isn't--the nails break power saws and injure
[False: the spikes are placed too high to be hit by
loggers--they are intended to make cutting the lumber in a
mill impossible. There are, to date, exactly zero cases of
human injury caused by Earth First!ers.--DC]
Bari eventually lobbied to end the practice because it might
hurt people who belonged to the working class. But it was
just a few years after the bomb went off in the car that
Earth First! fractured under the political forces of what we
now know as eco-terrorism.
[I.e., Bari had long since repudiated the tactic that
supposedly aroused suspicion against her. Not to mention
that "what we now know as eco-terrorism" has involved
exactly zero incidents of terrorism (not counting the
Unabomber, of course). --DC]
In congressional testimony in February James Jarboe, the
FBI's domestic antiterrorism chief, described the birth of
the Earth Liberation Front: "In 1992, the ELF was founded in
Brighton, England, by Earth First! members who refused to
abandon criminal acts as a tactic when others wished to
mainstream Earth First!"
As for the car bombing, there's always the alternative
theory offered by onetime Black Panther Mumia Abu-Jamal.
When Bari filed her civil suit, Abu-Jamal wrote, she
uncovered "a chilling reality: that the FBI planted the bomb
in a sinister assassination attempt to wipe out key
activists in a growing environmentalist movement." Of
course, Abu-Jamal isn't exactly impartial in his views of
the police. He's on death row for the 1981 murder of
Philadelphia cop Daniel Faulkner.
[And, of course, there were no problems with his trial.--DC]
Ms. Levey is an assistant features editor of The Wall Street
Journal's editorial page. Her column appears on alternate
Now available: _The Unspeakable and Others_
Including all my fiction through 2001, and more.
News for Anarchists & Activists:
I've watched the dogs of war enjoying their feast
I've seen the western world go down in the east
The food of love became the greed of our time
But now we're living on the profits of crime
--Black Sabbath, "Hole in the Sky"
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