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Fernando Bermudez Full Interview — Transcript

by Marcus Harun · 3,911 words · 563 segments · language en · Watch on YouTube

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  1. 0:03so starting today we'd like to talk to
  2. 0:06you now Fernando Bermudez who are very
  3. 0:08lucky to talk to him he was jailed
  4. 0:11wrongly for 18 years almost 20 years in
  5. 0:14prison for a murder that he didn't
  6. 0:16commit and then now we finally get to
  7. 0:19hear your story we get to hear your side
  8. 0:20of the story and have you really tell us
  9. 0:23what it was like for you so just before
  10. 0:25we begin can you tell me how how did
  11. 0:29everything happen can you tell me the
  12. 0:30the details then we'll get further into
  13. 0:33it sure well the summer of 1991 was one
  14. 0:36of the happiest times of my life but it
  15. 0:39was a time when my life spun out of
  16. 0:41control when I was arrested for a crime
  17. 0:43I did not commit at gunpoint when my
  18. 0:45mother screamed I'm yanked into a police
  19. 0:47car and sent to a Precinct where I'm
  20. 0:51asked what I did on the night of August
  21. 0:533rd and 4th 1991 or I quickly remembered
  22. 0:56that I was celebrating my enrollment in
  23. 0:58college with my friends my college is
  24. 1:00set to begin actually that fall and that
  25. 1:03summer my classes were canceled
  26. 1:05I tell my truth which is that I wasn't
  27. 1:07even at the club and then I'm with my
  28. 1:09friends all of whom came to the precinct
  29. 1:12and I was shocked when I wasn't believed
  30. 1:15I end up being sent to Rikers Island
  31. 1:17which is a horrible place of 14 000
  32. 1:19yelling and screaming violent inmates
  33. 1:21and there I'm forced to endure a trial
  34. 1:24in order to prove my innocence further
  35. 1:26I'm unaware according to proven evidence
  36. 1:30that there had been coercion and threats
  37. 1:33of witnesses which we later would prove
  38. 1:35in which the Witnesses were given deals
  39. 1:39in exchange for their testimony the
  40. 1:40charges against them unrelated and
  41. 1:42related to this case would be dismissed
  42. 1:45I'm shocked when I lose my trial and I'm
  43. 1:49given a life sentence and set to an
  44. 1:51Upstate New York prison where after a
  45. 1:54year Rikers Island horrible as that was
  46. 1:56I'm forced to endure another 17 years in
  47. 1:58prison where I seek to prove my
  48. 2:00innocence
  49. 2:02now those years that you spent there in
  50. 2:05prison could you tell us what it was
  51. 2:07like what what kind of things did you
  52. 2:08have to endure while you were there well
  53. 2:10I had to endure the humiliation and
  54. 2:13indignity of strip searches of being
  55. 2:16physically assaulted while I'm there by
  56. 2:19both inmates and Correctional guards
  57. 2:21it was a very difficult circumstance
  58. 2:24that tested the very essence of my
  59. 2:25Humanity I grew very sad and very
  60. 2:28depressed particularly when I
  61. 2:30established evidence of my innocence
  62. 2:32early on because the witnesses had
  63. 2:34according to their conscience revealed
  64. 2:37the reasons why they lied on purpose and
  65. 2:39why they were threatened so I felt that
  66. 2:41the situation would be resolved sooner
  67. 2:43rather than later and I was in for a
  68. 2:44rude awakening again and again while
  69. 2:47being denied so it tested the very
  70. 2:49matter of who I was and it hurt me
  71. 2:51deeply because I believed in the
  72. 2:52American criminal justice system and I
  73. 2:54grew disillusioned
  74. 2:56realizing that the situation would grow
  75. 2:58more complicated as I lost appeal after
  76. 3:01appeal I tried to maintain my faith I
  77. 3:04prayed I battled thoughts of suicide and
  78. 3:07I overcame that and one of the sources
  79. 3:08was the love of my wife who stood by me
  80. 3:11throughout my years who gave me
  81. 3:12beautiful children and together we
  82. 3:14fought the good fight to try to uh
  83. 3:17make the truth Prevail as soon as
  84. 3:19possible I was able to obtain pro bono
  85. 3:22attorneys
  86. 3:23who believed in me and started working
  87. 3:25free of charge
  88. 3:27and this was an amazing development
  89. 3:29because
  90. 3:31they came in early on and it should have
  91. 3:33made a difference but the court refused
  92. 3:35to listen refused to even Grant an
  93. 3:37evidentiary hearing as the years ticked
  94. 3:40by and time crawled in his hands and
  95. 3:41knees and it was very depressing very
  96. 3:44depressing and just living around
  97. 3:46a very violent place in a six by nine
  98. 3:48foot cell that I could basically touch
  99. 3:52the walls if I stretched on my arms
  100. 3:54and so I just tried to survive I
  101. 3:56educated myself and I just saw it at
  102. 3:58every turn to write as many letters as I
  103. 4:00could crying for help
  104. 4:02now when you were in that cell the cell
  105. 4:05you're just describing what kind of
  106. 4:07thoughts were in your head what were you
  107. 4:08thinking you tried to educate yourself
  108. 4:10but but you were in there for something
  109. 4:13that you weren't even there when it
  110. 4:14happened what what were you thinking
  111. 4:16through the you had a lot of time to
  112. 4:18think about it what were you thinking
  113. 4:19about well I was just thinking that when
  114. 4:21am I going to get out of here I mean am
  115. 4:23I going to die in prison that's what I
  116. 4:25thought because there was so much
  117. 4:26violence around me that I thought that
  118. 4:28well someone could be just as delusional
  119. 4:30as the next person I've encountered and
  120. 4:33moved away from that I can die in this
  121. 4:35place tomorrow is not promised so there
  122. 4:38was always a level of it I admit fear in
  123. 4:41such a Negative place with so many
  124. 4:43negative emotions running from idleness
  125. 4:45to just
  126. 4:47negative emotions across the board and I
  127. 4:50just wondered when I was going to get
  128. 4:51out I wondered when would finally the
  129. 4:54truth Prevail I mean I would look at
  130. 4:56those Cold Steel bars in front of my
  131. 4:58cell and they would just be there every
  132. 4:59morning when I went to sleep and I woke
  133. 5:01up and I would see them right there
  134. 5:02impenetrable as they were and I would
  135. 5:05say Well when is this door going to open
  136. 5:06up and I'm going to be a free man when
  137. 5:09can I finally go home to my wife and
  138. 5:10children and help support them because
  139. 5:12my wife was struggling with our children
  140. 5:14facing homelessness poverty and so much
  141. 5:17and I grew very very depressed and I the
  142. 5:20only way I could overcome that was by
  143. 5:22exercising my faith and believing that
  144. 5:24if I continued fighting that the truth
  145. 5:27would Prevail with the help that I
  146. 5:28continued accumulating over the years
  147. 5:30are you religious
  148. 5:32yes I consider myself a Christian I
  149. 5:35consider myself a person who believes in
  150. 5:37God
  151. 5:38who had I think a particular plan for
  152. 5:40this situation we might question
  153. 5:42suffering in life but it's something
  154. 5:44that I felt that
  155. 5:46I couldn't necessarily question because
  156. 5:47for which there would be no answer
  157. 5:49instead what I had to do was believe
  158. 5:51that my situation was happening for a
  159. 5:54reason and that I would Prevail if I
  160. 5:56just maintained
  161. 5:58and remained patient and courageous in
  162. 6:01fighting against what I felt was almost
  163. 6:04an impenetrable Darkness at times
  164. 6:06now when going back to the beginning
  165. 6:09when you had the police come to your
  166. 6:12house at gunpoint and they were telling
  167. 6:14you you were accused of this crime you
  168. 6:16did something that you didn't do what
  169. 6:18was it
  170. 6:20did you have any knowledge of the
  171. 6:22incident that happened before that what
  172. 6:24what did you think what did your family
  173. 6:25think when when that happened well I was
  174. 6:28shocked I was shocked because I didn't
  175. 6:30know why I was being arrested I honestly
  176. 6:32did not know and I just heard my mother
  177. 6:33screaming from our second floor window
  178. 6:35and I was just like wow okay there's a
  179. 6:38misunderstanding the situation is going
  180. 6:40to get resolved I'll be home by that
  181. 6:42night
  182. 6:43you know when I was arrested two days
  183. 6:45later August 6 1991 and I said okay I'll
  184. 6:48be home
  185. 6:49and then a situation grew complicated it
  186. 6:52just wow it grew worse I mean I was
  187. 6:54forced to sit down and line up
  188. 6:56and later I would learn that one of the
  189. 6:57reasons that that happened was because
  190. 6:59the witness that the I should say the
  191. 7:02suspect that the witnesses described is
  192. 7:05alleged to have stood 511 165 pounds
  193. 7:08versus my six foot two 220 pound stature
  194. 7:12and so I was told to sit down but even
  195. 7:13then I still thought okay this is going
  196. 7:16to be resolved that's what I honestly
  197. 7:18thought
  198. 7:19and
  199. 7:22so once once it happened once they got
  200. 7:25you
  201. 7:27um once you were in jail and then you
  202. 7:28needed to your trial came and the
  203. 7:31witnesses that lied while you were
  204. 7:33trying to to plead your case
  205. 7:35what do you think like they found out
  206. 7:38later why they lied exactly but why do
  207. 7:41you think that that situation happened
  208. 7:42to you what what is it that you did that
  209. 7:44you think would promote people to do
  210. 7:46that to you well that's at times what I
  211. 7:48had to question I mean I would question
  212. 7:50this in the Solitude of myself I say no
  213. 7:53am I such a bad person that this would
  214. 7:55happen to me I mean wow I've never
  215. 7:57killed nobody in my life why why am I
  216. 7:59being charged with murder why do I have
  217. 8:01a life sentence
  218. 8:02I would ask that but I had no answer as
  219. 8:06as I was just bewildered with these
  220. 8:08Witnesses lying I didn't know the
  221. 8:10reasons or the motivations why they were
  222. 8:11doing it I just knew they were wrong and
  223. 8:14which is why I wasn't scared to take the
  224. 8:15stand and testify on my behalf along
  225. 8:18with my friends and even three friends
  226. 8:19of the deceased who said I wasn't the
  227. 8:21one who shot their best friend and then
  228. 8:24as they came out as the witnesses said
  229. 8:26that they had lied that this isn't
  230. 8:28really what happened even though that's
  231. 8:29what they said at the trial why did it
  232. 8:32take so many times for your appeal to
  233. 8:34work why do you think that it took many
  234. 8:37many times and many people to admit that
  235. 8:39that's when it happened right well
  236. 8:41there's consequences I mean starting
  237. 8:43with embarrassment to just even legal
  238. 8:46ramifications if it's discovered that on
  239. 8:49on a law enforcement watch
  240. 8:51somebody was sent to prison for a crime
  241. 8:53they did not commit you know people
  242. 8:55could lose their jobs and a number of
  243. 8:56things and
  244. 8:57these are things that I started
  245. 8:59realizing
  246. 9:00would be involved in preventing the
  247. 9:03truth from being you know accepted early
  248. 9:06on but most importantly also the judge
  249. 9:09refused to even test the evidence
  250. 9:11because he was in the position where at
  251. 9:14that time when I was convicted in his
  252. 9:16courtroom and he didn't hear the whole
  253. 9:17story he too was cheated along with a
  254. 9:19jury out of the truth which was
  255. 9:21misrepresented by the prosecutor
  256. 9:24and I felt that when these Witnesses
  257. 9:26recanted and we had other accompanying
  258. 9:28evidence of my innocence he should have
  259. 9:29opened up the proceedings to test it to
  260. 9:31see the veracity of it all he didn't do
  261. 9:34that because again in his own courtroom
  262. 9:37an innocent man was convicted that was
  263. 9:39the only let the only thing I was left
  264. 9:41to assume
  265. 9:43now you are taking this message on the
  266. 9:46road you're doing some public speaking
  267. 9:48you're trying to tell others and
  268. 9:50students why do you want to share your
  269. 9:52story well I want to share my story
  270. 9:54because what happened to me shouldn't
  271. 9:56happen to anyone else it should have
  272. 9:58happened to your loved one it should
  273. 9:59have happened to any person out of the
  274. 10:02world particularly if you didn't commit
  275. 10:03a crime it's just a horrible experience
  276. 10:06and so I want to help reform the system
  277. 10:08I want to educate people about factors
  278. 10:11that lead to the innocent being
  279. 10:13incarcerated I want to inspire people to
  280. 10:16realize that with every adversity that
  281. 10:18they face that they can overcome
  282. 10:19adversity because I overcame a great
  283. 10:21level of adversity I want to make I
  284. 10:24should say I want to help the youth
  285. 10:26anyone who can listen to me to help make
  286. 10:29better decisions about their life and
  287. 10:31not take their freedom for granted and
  288. 10:33cherish every moment and that's what I
  289. 10:35deliver in my messages have you seen any
  290. 10:37response to your messages what have you
  291. 10:39heard from the people that you talked to
  292. 10:41was there any kind of did anyone feel
  293. 10:43uplifted from the story that you're
  294. 10:44telling absolutely my story has had a
  295. 10:47global impact in fact ranging from in
  296. 10:50America I've had prosecutors telling me
  297. 10:53that from that point on they're going to
  298. 10:55be more careful I've had law students
  299. 10:57who are going to become prosecutors tell
  300. 10:59me the same I've had students change
  301. 11:02their Majors into criminal justice to
  302. 11:05make a difference when I traveled to
  303. 11:07Germany and I spoke before the police
  304. 11:09department the police officers told me
  305. 11:12they were going to be more careful
  306. 11:14in different countries where I speak
  307. 11:16they tell me that they're inspired that
  308. 11:17they thought they had problems and that
  309. 11:19now that they could overcome it after
  310. 11:20hearing my story particularly the love
  311. 11:22that my wife and I shared through our
  312. 11:24incarceration and how she endured her
  313. 11:26suffering and how we together we
  314. 11:28prevailed can you talk a little bit
  315. 11:30about your family life now when what was
  316. 11:33your family like when you got into
  317. 11:35prison and then how was it afterwards
  318. 11:37well my family life began with my
  319. 11:40parents and then soon after I met my
  320. 11:42wife and she became a strong supporter
  321. 11:45of me because she believed in my
  322. 11:46innocence she moved from the Midwest all
  323. 11:50the way to New York City I mean if
  324. 11:52that's not a Harlequin romance I don't
  325. 11:53know what is because she believed in my
  326. 11:56innocence and she began supporting me
  327. 11:57and we had children together
  328. 11:59and she would come see me in prison and
  329. 12:01give me inspiration while holding down
  330. 12:03the fort as it were and in prison I
  331. 12:07sought to be a family person a family
  332. 12:09man you know taking care of my kids even
  333. 12:11though I was limited to what I can do as
  334. 12:13a father in prison I sought to do the
  335. 12:15best I could for example I sold clothes
  336. 12:18while in prison I used my first business
  337. 12:20degree earned in prison
  338. 12:22to buy clothing wholesale and then I
  339. 12:24would retail it in prison two prisoners
  340. 12:27in order to send money home so that my
  341. 12:29wife could help support
  342. 12:30herself and the children now it wasn't
  343. 12:32enough as she faced poverty but at least
  344. 12:35I was doing my part whenever I could so
  345. 12:38being a family man is very important
  346. 12:40today I am the school chaperone at my
  347. 12:42children's School taking them to the
  348. 12:44Hartford Science Center and I just am
  349. 12:47involved in their life in the martial
  350. 12:48arts and so much else to promote their
  351. 12:51well-being and character development now
  352. 12:53when you mentioned a degree that you
  353. 12:55earned while you were in prison I think
  354. 12:57that's a very interesting concept for
  355. 13:00students that are here now they're
  356. 13:01studying they're getting their degree
  357. 13:03could you could you talk about what the
  358. 13:05experience was like especially for
  359. 13:06students to imagine this is how it is
  360. 13:08like for me to get my degree and how was
  361. 13:10it like for you well I think that it
  362. 13:13doesn't matter on where exactly you get
  363. 13:14your degree it counts on what you put
  364. 13:16into your degree as an individual that's
  365. 13:18what makes a degree worth more than any
  366. 13:21ivy league or anything it's what you put
  367. 13:23into it and what you make out of that
  368. 13:27degree with the inspiration and
  369. 13:28Imagination that you develop from the
  370. 13:30education you receive at any Institution
  371. 13:33and in short what it did for me was that
  372. 13:36it opened up possibilities I realized
  373. 13:38that I had a coping mechanism while in
  374. 13:40prison through education and then an
  375. 13:42opportunity to complete my bachelor's
  376. 13:45degree when I got out in connection with
  377. 13:47the Hudson link higher education program
  378. 13:50which partially helped fund my education
  379. 13:52while I was incarcerated
  380. 13:55um because I would like to ask your wife
  381. 13:58some questions after if we can uh talk a
  382. 14:01little bit more about your family now
  383. 14:02you mentioned your wife was very
  384. 14:04supportive through the whole process
  385. 14:05though she had to deal with so much uh
  386. 14:07at home yes what
  387. 14:10um talk about the support or what did
  388. 14:13she visit you or I don't know how how
  389. 14:15the communication was limited or what
  390. 14:17was that like well we were limited to
  391. 14:19seeing each other I mean I lived far
  392. 14:21away from where she lived I mean I was
  393. 14:22in New York state she lived in
  394. 14:23Connecticut
  395. 14:24and you know it was always an issue in
  396. 14:27terms of the distance and the economics
  397. 14:28not to mention the humiliation she had
  398. 14:30to pass through metal detectors where at
  399. 14:32times they requested that she be strip
  400. 14:33searched when it was just underwire uh
  401. 14:37in wiring her bra that sounded the metal
  402. 14:40detector so it was very difficult for
  403. 14:42her to bring the children and changing
  404. 14:43their diapers and everything like that
  405. 14:45but even on a family level in terms of
  406. 14:47development and soundness it affected my
  407. 14:50family in a negative way because my
  408. 14:52parents today still think that I'm
  409. 14:54supposed to be a 22 year old who was
  410. 14:56arrested in 91 when in fact I'm a grown
  411. 14:59man with a wife and children trying to
  412. 15:01be responsible and trying to eke out a
  413. 15:03living
  414. 15:04and they just have some resentment so
  415. 15:07this is a situation where post-traumatic
  416. 15:09stress disorder has affected me yes my
  417. 15:12family but also my parents who need
  418. 15:14counseling and haven't sought it yet and
  419. 15:17now you you are being very public about
  420. 15:19your story you're not trying to hide it
  421. 15:20you're not trying to to
  422. 15:22apply for a job and not mention that
  423. 15:25this occurred or something you're very
  424. 15:27public about it now when you are meeting
  425. 15:30people and maybe uh people in your
  426. 15:33hometown when they heard about that you
  427. 15:35were arrested first how are people
  428. 15:37treating you now are is anyone still
  429. 15:39treating you like they think you're a
  430. 15:40murderer is anyone
  431. 15:42um is everyone just happy that you're
  432. 15:44out or what has the reaction been well
  433. 15:46this was I tell you a resounding victory
  434. 15:49in the Latino Community I mean I grew up
  435. 15:51in Washington Heights predominantly
  436. 15:52Dominican neighborhood and throughout
  437. 15:54the years I have media supporting me
  438. 15:56from 1992 all the way to 2009 and and
  439. 16:00Beyond when I was released and this was
  440. 16:03a resounding victory for the Latino
  441. 16:05Community because they felt that
  442. 16:07the youth the person who was arrested
  443. 16:10from their Community who got a bad deal
  444. 16:11now got a victory and everyone just was
  445. 16:15so happy about it that they thought it
  446. 16:16happened to them
  447. 16:17and so they've been very supportive
  448. 16:19about this the Latino Community has
  449. 16:21remained very supportive of what
  450. 16:22happened to me uh and it's just been a
  451. 16:25positive impression
  452. 16:27for them
  453. 16:28so you haven't had any
  454. 16:31difficulty with people have you reached
  455. 16:35anyone who's saying that they don't
  456. 16:36trust you because of what happened
  457. 16:38before even though you the legal system
  458. 16:40cleared you yes do do people trust you
  459. 16:43yes yes I haven't had an issue I mean
  460. 16:46let's talk about trust I was once in a
  461. 16:49courtroom as a criminal defendant now
  462. 16:50I'm actually lecturing in Hartford and
  463. 16:53New Haven federal district courts before
  464. 16:55federal judges who invite me in their
  465. 16:57courtroom to speak to people who have
  466. 16:59been incarcerated and on federal
  467. 17:01probation in order to help them make
  468. 17:03good decisions so I think that's a level
  469. 17:05of trust I mean if a federal judge
  470. 17:07invites me to speak
  471. 17:09what do you think could be improved
  472. 17:11about the justice system to to to help
  473. 17:15the situation not happen again I know
  474. 17:17that's something you you want to stop it
  475. 17:18from happening but what do you think
  476. 17:20could be done well I think that we need
  477. 17:22to hold uh corrupt prosecutors like
  478. 17:24James G Rodriguez the prosecutor
  479. 17:26responsible in my case accountable he
  480. 17:29knew the evidence from the beginning
  481. 17:31uh and he sought not to investigate as
  482. 17:34well as according to all the witnesses
  483. 17:36and documents of the evidence we have he
  484. 17:38coerced and threatened the witnesses
  485. 17:40into falsely testifying against me we
  486. 17:42also need a level of accountability for
  487. 17:44police departments who don't enact
  488. 17:45proper protocol with mistaken his
  489. 17:48identification reforms which are the
  490. 17:51leading cause of why people land in
  491. 17:53prison so we need to enact better
  492. 17:56safeguards to protect identification
  493. 17:58procedures as well those are two major
  494. 18:00things that I think we need to address
  495. 18:03and one more feeling of yours that I
  496. 18:05want to know about is when you were
  497. 18:07cleared and then you stepped out and you
  498. 18:09had your supporters cheering there what
  499. 18:11what was it like for you it was amazing
  500. 18:14it was surreal it was an outer body
  501. 18:17experience in a good sense unlike the
  502. 18:19time I was found guilty which was
  503. 18:21totally negative
  504. 18:22but I was scared I was fearful I mean
  505. 18:25the world had changed so much with the
  506. 18:26technology you know 21st century
  507. 18:28technology which I had not been
  508. 18:30accustomed to the world had changed from
  509. 18:32the internet now existing to mp3s and
  510. 18:36iPads and all this type of stuff fashion
  511. 18:38had changed so much I was just totally
  512. 18:41scared really and I couldn't stop eating
  513. 18:43food trying to adjust because
  514. 18:46food in prison was so horrible
  515. 18:48it just took me a lot to adjust it I'm
  516. 18:51still adjusting today but it's a good
  517. 18:52feeling and it's one that I'm working in
  518. 18:55into my life every day for greater
  519. 18:57enjoyment through therapy
  520. 18:58you talked a little bit about what
  521. 19:01you're doing at this time but in a very
  522. 19:03serious way you're speaking what you're
  523. 19:05doing with your family how about on a
  524. 19:07later note are there things that you
  525. 19:08missed that you were hoping to do like a
  526. 19:10certain vacation or something you want
  527. 19:13to do with your kids something that
  528. 19:14you've been able to do now that you you
  529. 19:16missed but you're very happy you're able
  530. 19:17to do now absolutely I mean I take my
  531. 19:20kids on things that I've never done
  532. 19:21before which I yearn to do while
  533. 19:23incarcerated such as pumpkin picking I
  534. 19:26take them to the Hartford Science Center
  535. 19:28where I chaperone the elementary school
  536. 19:31and I tell the kids let's run up the
  537. 19:34stairs no elevators you know to promote
  538. 19:36Fitness I take them on field trips
  539. 19:39and I just interact with the kids so I
  540. 19:41love doing that I love just being a dad
  541. 19:43to my kids taking them to their martial
  542. 19:47art lessons at night time Tuesdays and
  543. 19:49Thursdays I love being a husband to my
  544. 19:51wife and taking her out on dates we
  545. 19:53didn't get to date
  546. 19:54when I was incarcerated now we can go
  547. 19:56out I'm sure that's exciting it's very
  548. 19:59exciting because we can go out and have
  549. 20:01a dinner together like normal human
  550. 20:03people should
  551. 20:04I'm living my life now ways that I
  552. 20:07should have lived a long time ago well
  553. 20:10thank you very much for sharing that
  554. 20:12very intense details of that I think
  555. 20:14that a lot of people find that
  556. 20:15fascinating if they haven't heard of it
  557. 20:17before and I appreciate your time well
  558. 20:19you're welcome and I really hope that I
  559. 20:21can continue speaking at different
  560. 20:22schools and that other schools would
  561. 20:23contact me and that I can help them
  562. 20:25develop their students to be agents of
  563. 20:28change for the better great thank you

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