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Jodi Arias Trial - Day 36 - Part 2 — Transcript

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  1. 0:00sir um just I'm wondering if we may have
  2. 0:03the overhead turned
  3. 0:08on Sir uh when we left off we were
  4. 0:11talking about the second or prong number
  5. 0:14two under the c um factors for
  6. 0:18post-traumatic stress disorder do you
  7. 0:19remember that yes and that's not
  8. 0:21something that you found correct number
  9. 0:24two
  10. 0:27no and so that brings us up to to number
  11. 0:31one correct
  12. 0:33yes and this section is called
  13. 0:36persistent avoidance of stimuli
  14. 0:40associated with the trauma and the
  15. 0:42numbing of general
  16. 0:44responsiveness not present before the
  17. 0:46trauma as indicated by three or more
  18. 0:48correct yes and the first one what does
  19. 0:51that talk about talks about efforts to
  20. 0:53avoid thoughts feelings or conversations
  21. 0:56associated with the trauma
  22. 0:58okay for
  23. 1:33and you found this one correct I did and
  24. 1:39um what efforts did she according to you
  25. 1:43undertake to avoid thoughts feelings or
  26. 1:46conversations associated with the trauma
  27. 1:49I took her original
  28. 1:51story as an effort or An Occurrence that
  29. 1:56separated her from the realities of the
  30. 1:58trauma
  31. 2:00and by creating this other story it
  32. 2:03created a psychological distance between
  33. 2:06what happened that she was responsible
  34. 2:08for and what she first claimed happened
  35. 2:11when she was the victim of this uh well
  36. 2:15obviously false story about what had
  37. 2:17happened on that day so what you're
  38. 2:20talking about under number one is a lie
  39. 2:22she told a lie and based on the fact
  40. 2:24that she told a lie that was her effort
  41. 2:26to avoid feelings conversations
  42. 2:28associated with The Killing I'm not
  43. 2:30characterizing it as a lie you're
  44. 2:32characterizing it as a story as a as a
  45. 2:36yes as a story a defense mechanism you
  46. 2:39call it a defense mechanism but this
  47. 2:41defense mechanism as the way these
  48. 2:43things have come out based on what you
  49. 2:45tell us about what was told later is a
  50. 2:47story isn't it yes um but there are
  51. 2:50other things that she did um during this
  52. 2:52period of time uh that affect this are
  53. 2:56you familiar with the fact that she sent
  54. 2:5820 irises to Mr Alexander's
  55. 3:02grandmother I don't remember the number
  56. 3:04being 20 but I do remember that yes and
  57. 3:07in fact if she she admitted to that
  58. 3:10that's not an effort to avoid thoughts
  59. 3:11feelings or or conversations associated
  60. 3:14with the killing is it it's an effort to
  61. 3:16distance herself from the reality of the
  62. 3:19fact that she did The Killing and that
  63. 3:21effort requires thinking doesn't
  64. 3:24it yes so in her thinking about the 20
  65. 3:28irises she's thinking about the killing
  66. 3:32right she's thinking of the event and
  67. 3:36the actions of maintaining
  68. 3:39normaly as a result of what had happened
  69. 3:42in my opinion is almost it's very
  70. 3:45similar to what happens in a
  71. 3:47dissociative identity disorder where an
  72. 3:50whole alternative reality exists now I
  73. 3:53didn't use that diagnosis here but as
  74. 3:56part of her defense mechanism I believe
  75. 3:58that she created this alternative
  76. 4:00reality which insulated her from the
  77. 4:03pain of dealing with what had happened
  78. 4:05that she was responsible for and carried
  79. 4:08on as if the alternative reality was the
  80. 4:12truth so bottom line is she did think
  81. 4:14about it right and that's why she she
  82. 4:16thought about the killing and that's why
  83. 4:18she sent the irises right I I don't know
  84. 4:20whether she thought about it there's no
  85. 4:21way that I can do then why else would
  86. 4:23she sent 20 irises unless she was
  87. 4:26thinking about Mr Alexander being dead
  88. 4:28whether it be by one story or the other
  89. 4:30well obviously sending the irises was in
  90. 4:33response to him being deceased that's
  91. 4:34true right and she knew it according to
  92. 4:37you there was one or two realities right
  93. 4:39she knew that either these two people
  94. 4:40came in and killed them or she killed
  95. 4:42them right right so she's thinking about
  96. 4:44the trauma then right not thinking about
  97. 4:47the trauma in terms of her being the
  98. 4:49actor or the person who did The Killing
  99. 4:51right she's thinking about the trauma in
  100. 4:53terms of somebody putting the gun to her
  101. 4:54head though right that's correct so she
  102. 4:56is then thinking about the trauma right
  103. 4:58a trauma that right a trauma right the
  104. 5:00trauma that she designated in the PDS
  105. 5:02right under number four correct the
  106. 5:05other thing that she did with regard to
  107. 5:06this is that isn't it true that she um
  108. 5:09went on national television with a show
  109. 5:11called 48 hours right that's true she
  110. 5:13did it on two occasions right yes and
  111. 5:16during those two occasions she talked
  112. 5:18about her thoughts or feelings and had a
  113. 5:20conversation associated with The Killing
  114. 5:22right yes so now we have two examples
  115. 5:26where she's thinking about the killing
  116. 5:27right we don't know what she was
  117. 5:29thinking you don't think that when she's
  118. 5:31asked about Travis Alexander by a
  119. 5:34correspondent that she's not thinking
  120. 5:35about the killing what could she
  121. 5:37possibly be thinking about then the
  122. 5:38alternatives to the fact that she killed
  123. 5:40him I'm not but she's thinking about the
  124. 5:42trauma he's dead right she's thinking
  125. 5:44about the trauma that's right this here
  126. 5:46just says efforts to avoid thoughts
  127. 5:48feelings or conversations associated
  128. 5:50with the trauma it says that right
  129. 5:52that's right it says and that comes
  130. 5:54straight from DSM 4 right that's right
  131. 5:57and you said that that was the Bible
  132. 5:58right Absol absolutely and so it doesn't
  133. 6:01say with regard to the trauma it doesn't
  134. 6:03say whether she killed them or not does
  135. 6:05it it also doesn't say absolutely no
  136. 6:07thoughts whatsoever it says efforts to
  137. 6:10avoid thoughts feelings or conversations
  138. 6:13associated with the trauma efforts these
  139. 6:15efforts may not always be successful and
  140. 6:18that's not my question my question here
  141. 6:20that doesn't distinguish the trauma does
  142. 6:21it no it and which is the point that you
  143. 6:25were trying to make to me with regard to
  144. 6:26the PDS right the trauma doesn't matter
  145. 6:29right case yes yeah so why is does it
  146. 6:31not matter with the PDS and it does
  147. 6:33matter here aren't you being a bit
  148. 6:34selective I'm not sure I understand what
  149. 6:37the point sure you do understand the
  150. 6:38question the PDS you told us it doesn't
  151. 6:40matter what the trauma is right in at
  152. 6:43the time that I scored it correct well
  153. 6:45no even now you're telling us when you
  154. 6:46testified that the trauma doesn't matter
  155. 6:49the trauma did not matter it was her per
  156. 6:51it was her internal perceptions of the
  157. 6:53emotional reactions to whatever trauma
  158. 6:56occurred which is what I measured and
  159. 6:58the trauma doesn't matter what you said
  160. 7:00and so you said you could still use that
  161. 7:02test and don't have to rescore it
  162. 7:04because the trauma doesn't matter that's
  163. 7:05what you said in response to a jury's
  164. 7:07question right yes so if that analysis
  165. 7:10applies for the PDS you're saying uhuh
  166. 7:12that analysis does not apply to the DSM
  167. 7:14for even though the PDS was used to
  168. 7:17corroborate the post-traumatic stress
  169. 7:19disorder right I'm afraid I'm not
  170. 7:21getting the point question sustained sir
  171. 7:26you did use the PDS to support or
  172. 7:28corroborate you're finding that this was
  173. 7:30post-traumatic stress disorder right
  174. 7:32correct and you said with regard to that
  175. 7:34the trauma doesn't matter right yes with
  176. 7:36regard to this by its own definition it
  177. 7:38says effects to avoid thoughts feelings
  178. 7:40or conversations associated with the
  179. 7:43trauma right yes it doesn't say first or
  180. 7:45second story does it no it doesn't it
  181. 7:48talks about the trauma of of being
  182. 7:50either at one point an observant to the
  183. 7:53killing or being the actor in The Killer
  184. 7:55right so when you start trying to make
  185. 7:57this distinction with me about she
  186. 7:59doesn't know whether or not she killed
  187. 8:00him it's just trauma that we're talking
  188. 8:02about whether or not it was her that
  189. 8:03killed him or somebody else right that's
  190. 8:06point I so we get back to the 48 Hours
  191. 8:08interview when you're say you I told we
  192. 8:11discussed this and the question was well
  193. 8:13isn't it true that she discussed
  194. 8:16thoughts feelings conversations
  195. 8:17associated with the trauma in the 48
  196. 8:19Hours interview yes so again that speaks
  197. 8:23against what's in number one doesn't it
  198. 8:25I'm sorry I don't see it that way right
  199. 8:27you wouldn't see that that way because
  200. 8:28you have feeling for the defendant right
  201. 8:30I beg your pardon
  202. 8:32sir the objection it's argumentative
  203. 8:35totally inappropriate we approach RoR
  204. 8:38you
  205. 8:58may e
  206. 9:42you don't see it that way right it's
  207. 9:43your opinion right yes it is as well as
  208. 9:46my professional opinion it's your
  209. 9:48professional opinion based on these 35
  210. 9:50years that you've been telling us about
  211. 9:51right that's correct so one of the other
  212. 9:54things that uh we know in this case is
  213. 9:56that the defendant spoke with lesle yudy
  214. 10:00you're you're familiar with that
  215. 10:02right uh could you refresh my memory
  216. 10:09sure approach
  217. 10:28please e
  218. 11:03sir we had information that the
  219. 11:05defendant after traveling to Utah spoke
  220. 11:07to lesie yudy about Mr Alexander are you
  221. 11:11familiar with that yes and in fact one
  222. 11:13of the questions I think that you might
  223. 11:15have addressed involved the fact that
  224. 11:17she told miss yudy about the fact that
  225. 11:19her children were going to play with Mr
  226. 11:21Alexander's children you remember that I
  227. 11:24that's not avoiding thoughts feelings or
  228. 11:27conversations associated
  229. 11:29with the trauma is it well it is how
  230. 11:32could it possibly be because isn't the
  231. 11:34person that was killed Travis Alexander
  232. 11:36it was isn't it true that Travis
  233. 11:38Alexander was a subject of that
  234. 11:39conversation that we just discussed yes
  235. 11:41but she could not have had that
  236. 11:43conversation if she was admitting to the
  237. 11:45fact that she killed him and so her
  238. 11:48conversation was her way of avoiding
  239. 11:51thoughts feelings or conversations
  240. 11:53associated with the trauma at that point
  241. 11:56the trauma in her mind her perception
  242. 11:58was that she did it no matter what she
  243. 12:00told me but isn't it true in that
  244. 12:03conversation that she's the one that
  245. 12:05brought up Mr Alexander are you aware of
  246. 12:08that well I can only only aware of what
  247. 12:10I read I don't know for sure overr are
  248. 12:12you aware of that yes or no I know I
  249. 12:14don't know if she was the one who
  250. 12:15brought it up but there was a
  251. 12:16conversation to that effect let's assume
  252. 12:18that it was her that brought it up
  253. 12:19wouldn't that be contrary to what we
  254. 12:22have listed in number one no sir not it
  255. 12:24would not be the other thing that we
  256. 12:26know is that uh she sent the letter to
  257. 12:27the family are you aware of that to the
  258. 12:29whom the family of Mr Alexander yes I am
  259. 12:33again she sent this letter to the family
  260. 12:36talking about the killing right you've
  261. 12:39read that right yes it's an 18-page
  262. 12:40letter right yes and it's a very long
  263. 12:44detailed letter isn't it yes that
  264. 12:46doesn't show she had to go to the effort
  265. 12:49of addressing it didn't she yes she had
  266. 12:52to go to the effort of getting it mailed
  267. 12:54right yes and she had to go through the
  268. 12:57effort of finding the address right
  269. 13:00I don't know whether she had the address
  270. 13:01or not but yes she had if she did have
  271. 13:03the address she would have to have
  272. 13:04addressed it correct correct so that
  273. 13:06doesn't that is not an effort to avoid
  274. 13:08thoughts feelings or
  275. 13:10associations conversations associated
  276. 13:12with the trauma is it it is if the
  277. 13:14trauma was killing Mr Alexander well no
  278. 13:17the trauma here again we keep going back
  279. 13:19to this isn't the trauma that Mr
  280. 13:21Alexander is
  281. 13:24dead by whatever means well that's one
  282. 13:27aspect of the trauma but the reality
  283. 13:29reality is her experience was that she
  284. 13:32did do the killing and she her
  285. 13:34perceptions and her emotions are tied
  286. 13:37into to what actually occurred not the
  287. 13:39story that was made up as a way of
  288. 13:42separating herself from the horror of
  289. 13:44what had happened on that day going back
  290. 13:46to the PDS you told us that the trauma
  291. 13:48didn't matter for purposes of your
  292. 13:50assessment right that's correct because
  293. 13:52what the PDS measures were her emotional
  294. 13:54states and her perceptions of the trauma
  295. 13:57whatever happened and at the time that
  296. 14:00it was administered she was telling this
  297. 14:01alternative story but the reality was
  298. 14:04she was responding to the emotional
  299. 14:06components which is what the PDS
  300. 14:08measures as a person who did commit this
  301. 14:11crime and killing Mr Alexander involved
  302. 14:13trauma right involved what killing Mr
  303. 14:16Alexander involved trauma right yes his
  304. 14:19whether it be by her hand or somebody
  305. 14:20else's hand it involved trauma right so
  306. 14:23this is what this is talking about
  307. 14:24whether her hand or somebody else's hand
  308. 14:26isn't it it doesn't distinguish it
  309. 14:28doesn't say but the trauma has to be
  310. 14:30associated with the Killer killing the
  311. 14:32person
  312. 14:34does um as I indicated earlier the
  313. 14:38trauma involved the killing of Mr
  314. 14:40Alexander she experienced that
  315. 14:43regardless of the story that she was
  316. 14:45telling at the time and so her
  317. 14:48psychological um uh reactivity and her
  318. 14:52psychological defense mechanisms were
  319. 14:54helping her avoid the thoughts feelings
  320. 14:56and conversations associated with with
  321. 14:59her having been the perpetrator of that
  322. 15:02killing my question is trauma doesn't
  323. 15:05distinguish between the killer or
  324. 15:07somebody who was a witness that's it
  325. 15:09well that aspect of the trauma correct
  326. 15:10that's correct does not uh the other
  327. 15:12thing that we know is that you've read
  328. 15:14her journals right I did and you've read
  329. 15:16the journal's post killing of Mr
  330. 15:17Alexander right yes and in it she goes
  331. 15:21out of her way to talk about Mr
  332. 15:22Alexander doesn't she well that's for
  333. 15:24the exact same
  334. 15:26reason but the bottom line is she does
  335. 15:29go out of her way which of course
  336. 15:31expresses her thoughts and feelings in
  337. 15:34that journal right correct but not about
  338. 15:37the trauma right yes the other thing
  339. 15:41that we know is that Mr Alexander had a
  340. 15:44memorial service I believe she said
  341. 15:45either July 15th or July 16th are her
  342. 15:48words you're aware of that right and um
  343. 15:51she attended the me memorial service
  344. 15:53you're aware of that
  345. 15:56right I believe so and if attended that
  346. 15:59memorial service certainly that is not
  347. 16:02an effort to avoid thinking feeling or
  348. 16:07talking uh about the trauma is it it was
  349. 16:11her way of avoiding dealing with the
  350. 16:13fact that she was responsible for that
  351. 16:15trauma by allowing herself to go through
  352. 16:18life in a in at that time in in a in a
  353. 16:22manner consistent with having been a
  354. 16:24victim of the trauma not dealing with
  355. 16:27the fact that she did perpetrate the
  356. 16:29trauma now you're adding an extra uh
  357. 16:32element here responsibility aren't
  358. 16:34you you're adding responsibility to the
  359. 16:37word trauma aren't you you're saying
  360. 16:40well she's trying to deal with her
  361. 16:41responsibility in this issue and that's
  362. 16:43how she chose to deal with it perhaps I
  363. 16:46misspoke there and this is irrespective
  364. 16:49of responsibility isn't
  365. 16:52it an individual's inner perceptions is
  366. 16:55not independent of the nature of the
  367. 16:57trauma
  368. 16:59and all of this is based on what she
  369. 17:00told you right that's correct and so you
  370. 17:03know that she goes to the memorial
  371. 17:04service so she has to think about going
  372. 17:07to the memorial service right well yes
  373. 17:09and so she has to book a flight right
  374. 17:12yes did you know that it was a flight
  375. 17:13that she I didn't know it was a flight
  376. 17:14and she got you want to see the receipt
  377. 17:16pardon me do you want to see the receipt
  378. 17:18that shows she took a flight I don't
  379. 17:20need to see the receipt all right uh the
  380. 17:22other thing is it requires that she make
  381. 17:25her way from the airport over to airport
  382. 17:27over to Mesa which is where she told us
  383. 17:29the memorial service was she requires
  384. 17:31some thought there right yes do you know
  385. 17:34whether or not she went over to the
  386. 17:35house during the time that she was here
  387. 17:37at the memorial service I don't know
  388. 17:39that and if she had gone over there
  389. 17:41wouldn't that indicate something to you
  390. 17:43that she
  391. 17:44is doing anything but avoiding thoughts
  392. 17:47about the know I don't know that she
  393. 17:49went to the house but assuming she did
  394. 17:51if you assume that she went over to the
  395. 17:53house with somebody named Aaron assume
  396. 17:56that wouldn't that indicate that she was
  397. 18:00not attempting to avoid uh thinking
  398. 18:03about the trauma if her actions were
  399. 18:06part of an avoidance reaction a defense
  400. 18:10mechanism a
  401. 18:13dissociative reality then it would be
  402. 18:16consistent with going to that site
  403. 18:18because she wouldn't have been
  404. 18:20responding as if she was the
  405. 18:23perpetrator and and and so again I don't
  406. 18:26know that she did go over there but if
  407. 18:28you have something that I can read to
  408. 18:30confirm that I would be appreciated that
  409. 18:32would make a difference for you well I'd
  410. 18:33like if for example somebody named Aaron
  411. 18:35Morton went over there with her I beg a
  412. 18:37paron if if if somebody actually went
  413. 18:38over there to the crime scene with her
  414. 18:40afterwards well I I'm I'm at this point
  415. 18:42I don't recall what the details were I'm
  416. 18:45assuming that you're a man of your word
  417. 18:47and what you're telling me is is actual
  418. 18:49so I'll go along with that but here
  419. 18:51again we're talking about trauma it
  420. 18:53doesn't distinguish between responsibil
  421. 18:55it doesn't talk about responsibility it
  422. 18:58just talks about trauma doesn't it well
  423. 19:00there are different kinds of trauma and
  424. 19:01different levels of trauma and you've
  425. 19:03told us that it doesn't make any
  426. 19:05difference in the trauma experienced by
  427. 19:06a police officer right it doesn't make
  428. 19:08any difference does it if it's a police
  429. 19:10officer or her right in terms of
  430. 19:14PTSD well people's Rea it's a person's
  431. 19:17reactions to a trauma that determines
  432. 19:19whether or not they develop PTSD didn't
  433. 19:22you just tell us when you were asked by
  434. 19:24the jurors there was a question
  435. 19:26involving are you saying that the
  436. 19:28defendant PTSD is the same is that of a
  437. 19:31police officer and you said that it was
  438. 19:33no what I said was that it met the same
  439. 19:35criteria it's not caused by the same
  440. 19:37factors but it has the same
  441. 19:39characteristics indeed all cases of PTSD
  442. 19:43all fall under the same diagnostic
  443. 19:45criteria right because the trauma
  444. 19:48doesn't look at the responsibility of it
  445. 19:51doesn't in other words it doesn't look
  446. 19:53as to whether you are rightful in doing
  447. 19:56it as opposed to wrongful in doing it
  448. 19:59right it has an impact on one's
  449. 20:01perceptions of the intensity of the
  450. 20:02trauma right but whether or not a person
  451. 20:05has this intensity of the TR of this
  452. 20:08PTSD it is
  453. 20:09PTSD whether it's slight PTSD or strong
  454. 20:13PTSD right correct So when you say that
  455. 20:15the police officer's PTSD may not be as
  456. 20:17strong as hers it's still PTSD right it
  457. 20:20still falls under the diagnostic
  458. 20:22criteria yes right so that the trauma in
  459. 20:25other words whether you are killing
  460. 20:26wrongfully or rightfully in your mind
  461. 20:29it's still trauma that triggers PTSD
  462. 20:32right both would be trauma but of a
  463. 20:33different nature sure but it's trauma
  464. 20:36right yes and the same analysis applies
  465. 20:39to somebody in war in Afghanistan you
  466. 20:41told us that right yes as it does to the
  467. 20:43defendant right yet in terms of the
  468. 20:45diagnosis of pts sure and C1 illustrates
  469. 20:48that point doesn't it correct so with
  470. 20:51regard to that one of the things that we
  471. 20:53know is that she talked in the journals
  472. 20:56about Mr Alexander right yes
  473. 20:59she talked over and over about him
  474. 21:01didn't she
  475. 21:04yes I don't know that's not an avoidance
  476. 21:08of feelings or thoughts about him is it
  477. 21:10yes it can be because if she's talking
  478. 21:14about him in flowing terms and how
  479. 21:16wonderful he was it's a way of
  480. 21:18insulating her from this the harsh
  481. 21:20reality that she did The Killing and so
  482. 21:24that that method of dealing with his
  483. 21:26demise is very different than some one
  484. 21:28saying oh my gosh I've done this
  485. 21:30horrible thing and uh I take all full
  486. 21:33responsibility for that it's a different
  487. 21:35way of dealing with a similar situation
  488. 21:38but it's very different in terms of the
  489. 21:39internal perceptions and in terms of the
  490. 21:42emotional reactivity of the client it
  491. 21:45requires thinking to write down what she
  492. 21:48did in her journals right yes and it
  493. 21:51requires thinking about the trauma
  494. 21:54doesn't it yes it
  495. 21:55does irres of whether a right rightful
  496. 21:58or wrongful it requires that so there
  497. 22:01are there was nothing that required her
  498. 22:05for example she wasn't attending a
  499. 22:07course in school that required her to
  500. 22:10write in those journals right correct it
  501. 22:12was a voluntary effort on her part
  502. 22:14correct she has used Journal writing as
  503. 22:16a way of dealing with her life since she
  504. 22:19was in school this is an extension of
  505. 22:21that this is not a new activity it's not
  506. 22:24my question nobody forced her to write
  507. 22:26in those journals forced her to write
  508. 22:28and
  509. 22:29it required her to think about it before
  510. 22:32she wrote Whatever She Wrote in those
  511. 22:33journals
  512. 22:35right sustained well and it wasn't that
  513. 22:39she just had one entry in there she had
  514. 22:40many entries right yes and she continued
  515. 22:44on up till at least a day or two until
  516. 22:47her arrest right
  517. 22:49correct the other thing sir is that
  518. 22:52shortly after this killing um the
  519. 22:56defendant called Mr Alexander's
  520. 22:59answering machine are you aware of that
  521. 23:01yes that's not an effort to avoid
  522. 23:03thinking about the trauma is it it's a
  523. 23:05consistent it's consistent however with
  524. 23:08her psychological condition of having
  525. 23:10created an alternative reality which
  526. 23:13allowed her to function in life because
  527. 23:15it was a way that she was able to deny
  528. 23:17having been the perpetrator of the crime
  529. 23:20in terms of that telephone call it
  530. 23:23required her to pick up the telephone to
  531. 23:26make the call didn't it yes it required
  532. 23:28whether or not she had him on speed dial
  533. 23:30or otherwise it required her to manually
  534. 23:32do something by pushing at least one
  535. 23:34button correct sure and it required her
  536. 23:37while she was on the phone to speak
  537. 23:40right even though the trauma had already
  538. 23:43occurred it required her to express her
  539. 23:47thoughts feelings in a onesided
  540. 23:50conversation on the telephone right she
  541. 23:52did do that additionally didn't she also
  542. 23:55send an
  543. 23:56email yes and and this email was sent to
  544. 23:59Mr Alexander's um account wherever the
  545. 24:02account was right yes and so that
  546. 24:05required her to think about sitting down
  547. 24:08and composing an email to him didn't it
  548. 24:09yes it did and she sat wherever it was
  549. 24:12that she sat and she act

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