Wednesday, November 30, 2011

Ivan Skorobogatov: Investigative Committee Rejects Court Ruling; Intends to Continue Craver and Possibly Other Prosecutions

The Russian Investigative Committee (IC), undetered by yesterday's decision by Moscow's Basmanny Court and the Russian General Prosecutor, to dismiss IC's petition to extradite  Michael and Nanette Craver, has declared its intent to continue its prosecution of the couple even if the prosecution has  been ruled "illegal.."(see blog directly below this for details)

According to RIA Novisti,  Vladimir Markin, spokesperson for the IC said the investigation in to the Cravers will continue no matter what the court rules:

"The refusal of a Russian court to arrest the Cravers in absentia will not hinder further investigation of the criminal case in Russia, as well as the international efforts to find the suspects, detain and extradite them,” 

He said that though international laws prohibit a second sentence for the same crime, it applies only to legal procedures in one state, within the national jurisdiction.

I have no idea what this second paragraph means.  It appears to be a deliberate misreading of US and international law, and the Basammy and General Prosecutor's office's interpretation of both..  There is simply no way for the Cravers to be retried here. Unless there was  unique jurisdaictional stipulation in the adoption agreement  that gave  Russian authorities some kind of authority in legal matters concerning Vanya and his twin sister Dasha, which is I  highly doubt, they can't be tried by Russian courts in absentia or in person. 

The IC is also taking up Dasha's status:

RIC chief Alexander Bastrykin sent letters to Russian presidential human rights council head Mikhail Fedotov and human rights ombudsman Vladimir Lukin to initiate proceedings to strip the Cravers of parental rights with respect to Ivan’s sister, Dasha.

It is important to ensure Dasha’s early return to Russia, Bastrykin wrote.

Again, it's unclear what the IC thinks it can accomplish, if indeed it wants to accomplish anything. (see last section).  Here are some of the hard fact whether people like them or not:

Dasha came to the US  in 2003 at the age of 18 months. She has no parents in Russia to return to, only an understaffed, ill-equipped and abusive orphan system.. By Russian standards she is damaged  from her American experience and  unadoptable . The adoption was finalized years ago and Dasha holds dual citizenship until she is 18.

Dasha is currently in foster care.  (The New York Times says she's living with an adoptive aunt). York County prosecutors asked the judge in the Craver trial to order  the couple to have no contact with Dasha until she is 18, but the judge said he would leave the decision up to child welfare officials.  Earlier reports suggest  that Children's Services  has no enthusiasm for returning her to the Cravers custody, though there is no indication at this time it will seek to terminate their rights, either.  The only contact Dasha has had with the Cravers since their arrest in February 2010 has been  through supervised correspondence
.If rights were terminated here--which I think they should be--Dasha would probably remain with the aunt in a foster or adoptive situation or be re-homed in a second stranger adoption. If she is returned (she won't be), she'll most likely  in a few years end up in the sex trade or sweatshop where huge numbers of orphanage girls end up. 


Without getting too Russian...
Clearly something else is going on here.  I'll suggest that Vanya, Dasha, the Cravers and we are being bumbled through the fetid labyrinth that passes for Russian politics.

 The Investigation Committee is the main federal investigating authority in the Russian Federation.  It was formed in January 2011 an an "independent" body  to replace the Investigation Committee of the Prosecutor of the Russian Federation which like its predecessors,the KGB and NKVD,  investigated and prosecuted cases in whatever way it pleased. In  theory, then, the IC was set up to streamline criminal justice by separating  investigation from prosecution and to dilute the immense authority the Prosecutor General's office had accumulated.  It has been compared to the FBI, but it's not.

I 'd like a better source, but for now I'll let Radio Free Europe/Radio Liberty  pick it up from there to show you the mess::

The prosecutor-general, meanwhile, has been stripped of his authority to direct investigations, seize property, and initiate criminal cases.  [Prosecutor General Yuriy} Chaika,  for example, cannot launch criminal proceedings against Bastrykin -- although Bastrykin can launch proceedings against him. 

Vladimir Pribylovsky, head of the Moscow-based Panorama think tank told RFE.RL:
"Formally this organization (IC) is part of the Prosecutor-General's Office, but in fact, if you look at the amount of power he has, [IC Director Aleksandr Ivanovich] Bastrykin,  is in fact another prosecutor-general," Pribylovsky said. "And his role can get even stronger. If [the Investigative Committee] takes over all the other investigative agencies and creates a truly unified Investigative Committee, then it will have enormous power," Pribylovsky added. 

I've been puzzled by the interest the IC has taken in the Craver case, and this layout of the IC clears up some of my puzzlement..  Not that the case isn't worthy of scrutiny, but by US and  international law standards the attempt to haul the Cravers off to Moscow (or just try them in absentia) is headline inducing, but pointless unless the IC  plans to make an international incident and kidnap  the couple. The likelihood, of that happening, of course, is nil, since the IC falls under the direct authority of the President of Russia, which in a few more months will again be (as if he isn't now in all but name) Vladimir Putin.who just happens to be IC Director Bastrykin old law school classmate.

I think two things (and probably more) are going on here.

(1) The IC is acting in response to pressure from State Duma members, nationalists, and probably some IC bigwigs, who desperately want to ban cross-country adoption--or at least adoption to the US. The Ministry of Education and Pavel  Astakhov have made it clear, however, that they do not want US adoption shut down--just tightened to Russia's advantage. Squeezing every drop they can out of the Cravers can't hurt. They deserve it.

(2)  The Craver prosecution is just  another cog in the power struggle between the IC and the Prosecutor General.'s office.  Although in theory the IC and the Prosecutor General work side-by-side, they are at opposite ends in the Craver case  (and mostly likely a lot of other cases) with the Prosecutor telling the IC to take a hike and the IC standing its ground.. I don't see this changing the near future.  Too much power is a stake.

As if to make my point, the IC  announced today that it plans to investigate more cases of Russian adoptee abuse in the United States:

 The Russian Investigation Committee (IC) is going to institute criminal proceedings on several more facts of the encroachment on the life of Russian children, adopted by American nationals,

Specificaly cited was Michael Grismor, accused of raping his 15-year old stepdaughter Kseneia., a case I haven't written about, but need to. And I have to wonder why there is not a peep about the Dykstra verdict. Sure that is a heinous as the Craver walk-away.

Vanya, Dasha, Ksenia, and other Russian orphans killed and abused  by their Forever Families are a sympathetic front for inside- the- ring-power players..  That doesn't mean that those involved are cold-hearted creeps,  though they might be, only that these kids are a cat's paw for something bigger.

Monday, November 28, 2011

Ivan Skorobogatov. Russian Court and Prosecutors Refuse to Issue Warrant for Michael and Nanette Craver; Vanya Victim of "RAD" Quackery?

Russian media reports tonight that  the Moscow Bassamy District Court, backed by the Russian Prosecutor General's Office. has refused to issue a warrant for the in abstensia arrest and trial of Michael and Nannette Craver in the death of their Forever Son, Vanya  Skorobogatov. (Nathaniel Craver)  Citing double jeopardy, the court said any prosecution of the Cravers by Russian authorities would be "illegal;."

The Cravers, originally charged with homicide (with aborted death penalty specifications), conspiracy and child endangerment,  were found guilty of involuntary manslaughter in September, and in mid-November were sentenced to time served and  3/1 years probation.. An autopy revealed 80 injuries to the boy including 20 to his head.

The Russian Investigative Committee placed the couple on INTERPOL's wanted list (they have never appeared on the online INTERPOL list) and called for their arrest and trial in absentia.


The prosecutor explained that the U.S. citizens had already been convicted on this case in their native country, "which means that they cannot be prosecuted for the same crime in Russia". Therefore, the prosecutor’s representative (Vanya  said that he objects to the arrest of the U.S. citizens in absentia. In connection with the verdict earlier passed to the Craver couple in Pennsylvania and in accordance with Article 12 of the Russian Criminal Code the couple are not subject to prosecution on the territory of the Russian Federation, and their arrest in the status of defendants is illegal, the source said.

The investigation’s appeal to arrest the Cravers contains neither necessary data about their personality nor confirms that they are in hiding, the prosecutor said. "There are no grounds to put them into custody as a remand sanction," he stressed.

There is nothing yet in the online version of the Craver's hometown newspaper, the York Daily Record.

This decision comes as no surprise. As I wrote earlier, I didn't see how double jeopardy and the fact that the death occurred on US soil would be prosecutable in Russia. So, as much as we'd like to see justice for Vanya, legally the case is now closed.


In a related matter, one of my readers, sent a comment to Nikto regarding Vanya and "attachment therapy."  As longtime readers may know, some (and I suspect all or nearly all)  Russian adoptees killed by their Forever Families were either "officially" diagnosed with "RAD"  or adopter-diagnosed and treated on the fly.. I wrote about this in The Therapeutic Murders of Candace Newmaker, David Polreis, Viktor Matthey, and Jessica Albina Hagmann.

Below is the comment I received regarding Vanya..  I haven't had the time to look into this more yet, but will. In the meantime:.

 LindaRosaRN has left a new comment on your post "Ivan Skorobogatov Update: Cravers Aren't Talking; ...":

Thank you for writing about this case.

I might add that Nathaniel was caught up in the infamous Attachment Therapy. As long time readers know, many of the Russian adoptees killed by their Forever Families, were eithre diagnosted officialy  with "RAD" or adopteres took it upon themselves to self-diagnose an self-treat.  I wrote about this in

Attachment Therapist Lark Eshleman (certified school psychologist) was recommended to the Cravers by a prestigious Philadelpia hospital. In her book, Eshleman uses Attachment Therapy's unofficial, catch-all definition of "Reactive Attachment Therapy," which demonizes adoptees. At the Craver's trial, Eshleman claimed the boy not only had "RAD," but was self-injuring because of it.

According to Eshleman, "RAD" children are "aggressive," "destructive," prey on others, are oppositional liars, etc. However, RAD, as defined in the DSM-IV, has no aggressive or violent features associated with it -- and no self-injuring behaviors. RAD children may possibly tend to be risk-takers but that it not the same thing.

So if Nathaniel was self-injurious, which appears unlikely considering the autopsy results, he was either misdiagnosed and not treated appropriately, or he was, as so many adopted children have been, diagnosed with the bogus "RAD" disorder simply because he walked into the office of an Attachment Therapist.

There was another bizarre claim made by a so-called adoption specialist in connection with this case that the press swallowed whole. This nonsense claim is discussed here:

Advocates for Children in Therapy has found links to numerous adopted child abuse and death cases to Attachment Therapy and its parenting methods. Here are cases they know about:

It is not unusual to find government agencies and government-funded agencies recommending Attachment Therapy/Parenting. Since a case could reasonably be made that this unvalidated practice is actual torture, public funding of the practice in the USA should be considered a violation of the UN Convention Against Torture.

Wednesday, November 23, 2011

Ivan Skorobogatov Update: Cravers Aren't Talking; But Lawyer Is

The Cravers aren't talking about Russia's attempt to extradite them for the murder of their Forever Son, Vanya Skorobogatov, but one of their lawyers is.

The York Dispatch reports:

I don't think (Russia) can have any jurisdiction over them," said Suzanne Smith, who represented Michael Craver. "I don't think any court in the United States would honor (such) an extradition warrant."

U.S. citizens are protected from double jeopardy laws, and the Cravers were already legally tried here, Smith said. Also, the Russians don't have jurisdiction in the case, despite the fact they appear to be arguing Nathaniel was a Russian citizen, she said.

"(Russian officials) are just saying, 'We're not happy with the result. We want to do it our way,'" Smith said. "Well, you don't get to do that. I don't know anyone who would recognize Russians' authority in this particular case. They don't really have any."

District Attorney Tom Kearney, agrees, saying that any attempt to retry the Cravers would run into double jeopardy issues

The question of whether one was properly tried ... is in the eyes of the beholder," he said. "We certainly believe they were. We devoted substantial resources into the prosecution, and the jury made the call. ... And the judge seemed to think it was the right call."

I found it strange that no one commented that the crime happened on US soil, and the citizenship of the victim (which could be a matter of debate anyway)  doesn't play in to it--giving the Russian government no jurisdiction to prosecute. American justice, in my opinion, failed dismally in this case, but there's nothing to be done about that now outside of working to keep Dasha away from the Cravers, socially shunning the couple, and perhaps some kind of civil action..

The Cravers are still not on the INTERPOL online database. If they do appear, I suspect it won't be until next week's show trial starts up  in Moscow.  I've got some questions about how that will operate myself and am still digging around. 


Someone on FB has created a Justice for Nathaniel Craver (Ivan Skorobogatov) page. Three are some pictures of him and Dasha I'd not seen before.

Ivan Skorobogatov Update: Russians Say Cravers Placed on INTERPOL Wanted List; Couple Will Be Tried In Absentia Next Week

Russian media reports that the Russian government is ready to charge US citizens Michael and Nanette Craver with murder in the death of their adopted son, Ivan Skorobogatov, (Nathaniel Craver) 7.  Two months ago, the couple, originally charged with homicide (with aborted death penalty specifications), conspiracy and child endangerment, was found guilty by a jury in York County, Pennsylvania, of involuntary murder  Last Friday,  they were sentenced to 19 months time- served  while awaiting trial, and placed on five years probation.  An autopsy  revealed Vanya had80 external injuries, including 20 to his head and suffered from malnutrition.  He died after being taken off life support. Incredibly, a jury bought the Cravers' defense that Vanya died of repeated self-inflicted injuries and mutilations.due to FAS,  See, the Forever Couple  simply neglected to care for him correctly! 

According to an ITAR-TASS story filed on November 21 the Cravers have been (or will be) placed on the INTERPOL Wanted List. As of this writing they are not on the INTERPOL online database, but I'll keep checking.

The Russian Investigative Committee charged in absentia   the Craver spouses with murder accusations of Vanya   Skorobogatov in the US and puts them on the international  wanted list through the Interpol.

“Today the main investigation department of the Russian Investigative Committee accused the spouses Michael John  and Nannette Louise Cravers under Article 105 Part 2 points  v and zh for murder of an underage child, which was in the hopeless position, by a criminal group,” spokesman for the   Investigative Committee Vladimir Markin said. “The   detectives found that the spouses, which adopted a Russian  citizen Vanya Skorobogatov, killed him.”

Vanya before he got his Forever Famil
“The relevant documents were submitted in the Interpol National Central Bureau under the Russian Interior Ministry, on the basis of which the accused were put on the international wanted list in all Interpol member-countries  seeking to
find the place, where they are staying, detain   and extradite them for the investigation in Russia,” he   said.

“The investigation continues,” Markin said.

Even more interesting, the Cravers are scheduled  to be tried  in the Basmanny District Court of Moscow the afternoon of November 28. for Vayna's murder in absentia
Neither the INTERPOL request or the trial in abstenia comes as a surprise  As soon as the Craver verdict came down, Russian officials threatened to "take action."  The day before the Investigation Commission filed charges against the Cravers,  Russian Foreign  Minister Alexander Lukashevish  blasted the verdict and the US justice system:

“The Cravers who tortured to death the
seven-year-old   boy were released after having spent only 18 months under   arrest. The court sentence is amazingly and flagrantly  
irresponsible,” he said.

“The attorney insisted on the capital punishment. He   said that Vanya’s death was the fault of his adoptive parents. They brutalized the child, brought him to   exhaustion and inflicted a heavy head injury on him that   proved to be fatal,” Lukashevish said.

“Much more severe sentences are passed on Russian   citizens who stand trial in the U.S. on the suspicion of  criminal intents. This fact does not create assuredness  that U.S. court hearings of other humanitarian cases will be unbiased. That does not help the development of the bilateral human rights dialog,” he said.

“Hopefully, the entry into force of the bilateral agreement on cooperation in inter-country adoptions, which   is ready for ratification, will drastically change the   position of Russian children adopted by U.S. families and   make such outrageous situations impossible,” Lukashevich   said.

(The Russian Foreign Ministry website,  (from which this quote it taken, isn't downloading, in either its English or Russian version) so I'm using the English-language ITAR-TASS version.) 

Duma members were also outraged.  Foreign Affairs Committee chair Konstantin Kosachev said the verdict was politically biased..
Prvada, in a follow-up report to the November 21,  ITAR-TASS release says that  Russia's Ombudsman for Children's Rights, Pavel Astakhov, has discussed (at what length goes unreported) the case with US Secretary of State Hillary Clinton and US Attorney General Eric Holder. Astakhov reportedly tweeted, ( I can't find Astakhov's Twitter account to verify)  "I believe Clinton must take Ivan's case under special control and attain justice."

Pravda also reports that Astakhov told Holder that "prosecutors must appeal the sentence."

Of course, that won't happen, and Astakhov. who holds a doctorate in law from Pitt, knows it.  He is very good at what he does and never says or does anything without a good reason, He knows there is no way the Russians or INTERPOL can  execute a warrant on the Cravers since the murder--and it was murder--occurred on US soil. .The show trial next week in Moscow--we know how it will turn out-- is the only trick the Russians have to show any kind of justice, real or otherwise, for Vanya.  It also makes a point to the US that murder has consequences, even if they may turn out empty.--but not as empty as the farce in York.Ultimately, as all adoption politics, it's just kubuki.  This play is just on the grander scale of the international stage. The good part, though,  in my opinion, is that this play, while dirtying America's adoption's nose in its own shit,  will also make it impossible for the Cravers to ever adopt again (if they would dare try) and gives Vanya's twin sister Dasha, now in care, a good shot at staying out of the Cravers' clutches. Forever.

Go to the righthand sidebar here for more on Vanya.

Tuesday, November 22, 2011

Artyom Savelyev Update: Trial Open to the Public; Artyom Added as Plaintiff!

Monday, Bedford County, Tennessee Common Pleas Court Judge Franklin Lee Russell ruled against child abandoner Torry Hansen's request that the public be barred from court in upcoming child support hearings No date has been set.

Hansen made international headlines last year when she put her adopted son Artyom Savelyev, 7 (now 9) on a plane by himself with orders to return him to the Russian Ministry of Education, the ministry  that oversees adoptions from Russia. The little boy wasn't a good fit for her and her overbearing mother.

The World Association of Children and Parents ((WACAP) the agency that placed Atryom with Hansen has brought suit for child support arguing that putting the boy on a plane to Moscow  is not a "legitimate way to annul an adoption."  Hansen, the agency contends, is still the legal parent,  and  liable for child support payments to WACAP.  Russian courts have also reportedly requested child support from Hansen. According to Monday's  news, WACAP is asking for a standard 27% of her salary as a nurse, plus back payments. 

Hansen's  (third) attorney, Sandra Smith, had asked the court to exclude the media from hearings because of the Artyom's juvenile status. According to Monday's Tennessean Smith argued:

There will be discussion of the boy himself (during the trial). Quite a bit,” Smith said, noting that issues such as psychiatric records and other confidential information will come up in court.

Since that kind of information on juveniles is barred from public access under Tennessee privacy laws, it's highly unlikely the public would be given a full-blown report of Artyom's "condition." As a layperson I fail to understand how Atyom's mental condition should affect child support in  Hansen's extra-legal adoption annulment scam.

According to the Shelbyville Daily  New Journal, Russell's ruling permits media access, but will still bar confidential documents,  presumably  regarding Artom's psychiatric and medical records. from public access.  That is, some documents will remain sealed.

Circuit Judge Lee Russell today ruled in favor of the media request presented by attorney Robb Harvey but said some records about the boy’s family and adoption history would remain sealed. The judge said privacy laws related to such disputes are intended to protect the child involved and do not govern records related to contract disputes between adults. After attorneys agree and he reviews those records they will be released, likely in several weeks, the judge said.

Harvey and attorneys in the suit agreed to work together on deciding which records will be released.

Torry Hansen refused to cooperate with the criminal investigation that followed Arytom's return to Moscow, and has since refused to cooperate with negotiations in the civil litigation which have dragged out for about a year and a half.. From the Tennesseean:

After the hearing, [Larry] Crain (WAPCO attorney) said he has tried three times to get Hansen and her mother to sit down for a deposition to tell their side of the story. Two times, he said, she skipped the appointment and the third time she did not respond to a request to schedule a date.

Incredibly Hansen, through Smith, complains that she gotten a bad deal with the media :

Asked whether her client — who has moved to California and refused all requests for interviews — got a fair hearing in the media, Smith said: “No, I don’t think she did, and why will come out later.

Perhaps this note Hansen wrote to the Russian Ministry has something to do with it:

Judge  Russell also ruled that Artyom and the Russian facility in which he now lives can be added as plaintiffs..

Congratulations to the organizations who fought to keep this case open to the public: The Tennessean, the Shelbyville Times-Gazette, The Associated Press, the Tennessee Press Association, The Tennessee Coalition for Open Government, WKRN News 2, WSMV Channel 4 and the Middle Tennessee Chapter of the Society of Professional Journalists.

For more information on Artyom's  case, please go to the righhand sidebar on Nikto and click appropriate links.

Sunday, November 20, 2011

Ivan Skorobogatov/Nathniel Craver Update: Killers Walk

Once again, the dust and bone of a dead Russian adoptee has been swept under the rug.  After spending 19 months in jail awaiting trial (and after trial on the street waiting sentencing)  for the murder of Ivan Skorobogatov, 7, his  forever parents  Michael J and Nanette  L Craver are walking.

Vanya and his twin sister Dasha (now known as Elizabeth)  were adopted in 2003 from an orphanage in Troitsk, Chelyabinsk region, through Lutheran Social Services of the South. The agency is no longer accredited in Russia.

Vanya, lasting longer  (as far as we know) than the other dead  Russian adoptee, died on August 25, 2009 of what York County, Pennsylvania authorities describe as severe beating and malnourishment.  The autopsy revealed Vanya suffered 80 external injuries, including 20 to his  head. After a six month investigation, the Cravers were charged with homicide, conspiracy and child endangerment. In May 2010, York County Senior deputy prosecutor Jennifer Russell, citing Vanya's age and the state's contention that his death constituted torture, said she would seek the death penalty.

But the best laid plans...

Instead, in September this year, when the Cravers got their day, a jury of their so-called peers bought the couple's claim that Vanya  suffered from Fetal Alcohol Syndrome  (FAS) and injured and abused himself repeatedly.  More specifically, the night before his death, the boy "run headlong into a stove."  Not to put a too sensational spin on this, but Vanya committed suicide.just like David Polreis beat himself to death with a wooden spoon.

I need to go through trial  news reports, but from a quick scan, it appears twin Dasha did not suffer  FAS and suffered no injuries or abuse.Curious.

After the verdict came down, the Cravers were sent home to to wait for their sentencing hearing  held Friday.

The Cravers were sentenced to time served 

After sentencing, Chief Deputy Prosecuto Tim Barker told the press: 

We're talking here about a 7 year old killed by others. Whatever degree of homicide, it was still homicide...“Never once was there an ounce of emotion by the defense toward Nathaniel Craver, or even a remote understanding of what they did to their adopted son.

The Cravers are currently on probation.  Dasha is in care, and visitation plans are under negotiation..  Incredible!

The Russian media and government  have watched the case closely, and the Russian Foreign Ministry is investigating what kind of action it can take. . The New York Times reported today:

The Cravers, who tortured the 7-year-old child to death, were released after staying a mere year and a half under arrest,” Alexander Lukashevich, a Foreign Ministry spokesman, said Saturday in a statement, according to the Interfax news service. “The court verdict is amazingly and flagrantly irresponsible."

Russian officials said they were conducting their own investigation and might seek an arrest warrant for the couple. 

I suspect that  the chance of an international arrest over the case is nil; nonetheless I'd like to see a go at it. 

There's a lot to this case; some of which I've written about previously..  I have to go through several trial articles, so I'm not writing a lot about the case today.  I plan to continue this blog in a day or so. In the meantime for more information, go to the righthand sidebar under "Ivan Skorobogatov." and  Summary of All Cases. (on Nikto)

Signing off for now.,
Disgusted and Sickened.

Nikto ne zabyt - Nichto ne zabyto

Friday, November 04, 2011

Brian Dykstra Acquitted in Death of Adopted Son Ilya KargyntsevI/saac Dyskra

Thursday, after only a few hours of deliberation  a jury in Iowa City (IA) acquitted Brian Dykstra of all charges in the death of his Russian adopted son Ilya Kargyntsev/Isaac Jonathan Dykstra. The 21-month  old  was admitted to the hospital on August  2005, with severe head trauma and died the next day after being taken off of life support. His injuries were reported consistent with shaken baby syndrome. Dykstra claimed that three days earlier  the boy had fallen down steps head first on to a concrete floor, but had not required hospital treatment.. Doctors and police believed that while Isaac did fall a few days earlier, the injuries that caused his death happened in a separate incident the day before he died. After a prolonged police investigation, in August 2008, Dykstra  was charged with 2nd degree murder. His  former wife, Lisa DeWaard,. (divorce final August 1, 2011), now  an assistant professor of Spanish  at Stetson University, wasn't home at the time and wasn't charged.  Brian Dykstra, if found guilty, could have been sentenced to as much as 50 yeas in prison.

The trial opened last week with strong testimony from prosecution EMTs, hospital personnel and police  witnesses who said that Ilya suffered severe head trauma, including a fractured skull, brain swelling and bruising that could not have occurred  from a tumble down  two Dykstra claimed.

The defense argued that Dyskra was an "eager, loving father" who would never have harmed the toddler.  Based on news reports, which is my only available reference, it appears the Dykstra's defense was based on matters of "good character." 

The media run-up to the trial indicated that 39 witnesses--including 11 doctors would be called.  News reports, however,  focused on prosecution arguments and outside of coverage of  Brian Dyskra and Lisa DeWaard's testimony generally either gave short shrift to defense witnesses--or there weren't many.   

Below are excerpts from news reports of the trial.  I have put them in order of subject matter. I've tried to give a wide range of coverage and take full responsibility if I missed anything.

Iowa City Gazette, October 24, 2011:
Attorneys address events leading up to boy's death
{Referring to the fall down the stairs}  Over the next few days, he said, Isaac showed other “subtle but important changes,” including a “squishy” spot on top of his head. When Isaac began crying and holding his head on Aug. 13, Dykstra panicked when he called 911 and then hung up, according to Spies.

But prosecutors said that when paramedics responded, they found a pale child with bluish lips, fixed pupils, bruising near his ear and a soft spot on top of his head.

Assistant County Attorney Beth Beglin told jurors Monday that Dykstra explained to a first responder only that the boy had fallen a few days ago and bumped his head. Responders asked what happened that morning but “never got an answer as to what occurred,” Beglin said.

The boy was rushed to University of Iowa Hospitals and Clinics, and doctors found he had severe head injuries, including a skull fracture, brain swelling and bruising.

They said the injuries were not consistent with a days-old fall down two steps, Beglin told jurors. She said several doctors will testify that Isaac’s injuries were consistent with being shaken or slammed on the same day that he was hospitalized.

“This devastating brain injury was not accidental — it was a malicious act,” Beglin said. “And the only person who could have and did inflict that injury was the defendant, Brian Dykstra.”

Brian Dykstra at time of arrest
Iowa City Gazette, October 25, 2011
Man "detached" as son died:  Witness
 “Brian was sitting in a chair, and he looked at me, and locked eyes, and said, ‘Jen, tell me how something like this can happen?’” Jennifer Evans told jurors Tuesday during Dykstra’s second-degree murder trial in connection with the death of his son, Isaac, on Aug. 14, 2005.

...At the crime scene, officers testified, Dykstra appeared to be nervous when they found his son lying in the living room with severe injuries.

“But he was not in distress,” said Tom Lacina, who has been with the Iowa City Fire Department for 23 years.

Firefighter Paul Suedkamp said he also found Dykstra to be emotionless, but not in shock. And he didn’t try to approach his son.

Evans, a former registered nurse for University of Iowa Hospitals and Clinics in Iowa City, testified that she told Dykstra that only blunt force trauma — like being in a car accident — could cause injuries of that magnitude.

“He didn’t respond to that,” Evans said...

...Evans said the boy’s mother, Lisa Dykstra, was “fully grieving.”

“She was dry heaving — almost catatonic,” she said. “She was vomiting and crying.”

Brian, on the other hand, “said very little,” according to Evans.

“For the most part, he appeared very detached,” she said.

Other nurses, doctors and law enforcement officers also told jurors that Dykstra seemed withdrawn as his son was dying. But the witnesses also conceded that parents grieve differently.

“It’s not fair to say that what Brian Dykstra exhibited that day was out of the ordinary,” said UI Hospitals nurse Stephanie Jacobson...

...“I would describe him as unconcerned,” he said. “He was farther away than I would expect a person to be from their child at an emergency scene.”

The Daily Iowan, October 25, 2011
Medical officials: "non-accidental trauma"cause of death in Dykstra murder trial
Dr. Michael D'Alessandro
Several medical officials testified Thursday in the Brian Dykstra second-degree murder trial that the death of his 20-month-old adopted child was due to "non-accidental trauma."...Catscan photos were shown and explained to the jury by UI radiology Professor Michael D'Alessandro. D'Alessandro was one doctor who said he believed non-accidental trauma was the cause of the injuries, adding it would take "massive force" to cause the injuries to the child's brain he observed.

Iowa City Gazette, October 26, 2011
Nurse says she was concerned by father's statements
The next testimony gets interesting. According to Joyce Osborn, a now retired nurse who in August 2005 was staffing  Mercy on Call, a free medical hotline, testified that Brian Dykstra called after Isaac's fall down the stairs.  While the baby's injuries did not seem critical and  would normally be treated at home, Osborn said she decided to override the routine recommendation when Dykstra showed concern that Isaac would have a visible bruise since the family was expecting a visit from their adoption social worker in a few days:
He seemed concerned that his son would have a (visible) bruise because a social worker was coming in a few days,” Osborn said, adding that she “thought that the call may have needed a doctor’s input.”

An on-call doctor was signaled to call Dykstra about the incident.

The next day, according to testimony, registered nurse Sue Kuntz conducted a follow-up call with the family. After talking with Lisa Dykstra, Kuntz testified, she did not feel there was a reason to be concerned about Isaac’s well-being.

Former adoption specialist Hilary Condon, who helped the Dykstras adopt the boy from Russia, also testified that she found no reason to be concerned for his safety when she visited the family at their home Aug. 12.

Daily Iowan, November 2, 2011
Dykstra has trouble recalling the day of his son's hospitalization
 After the defense rested, the state had a rebuttal, which included a testimony from Wayne State University pediatric radiologist Wilbur Smith, who said he specializes in abusive head injuries in children.

Smith, who said he has investigated for the FBI and U.S. Army, said the injuries he observed in the child occurred "somewhere within an hour of his collapsing."

"[The child] may have had a short fall, but the injuries that he suffered on the 13th were from a different trauma — a whole unique different set of trauma," Smith said.

Spies focused his cross-examination on discrepancies between Smith's findings and what other investigative officials found in regard to the injuries to the brain.

He asked Smith why he could not tell him the size of an injury inside the child's brain called a "subdural hematoma" and whether the other doctors' findings were inaccurate.

"I don't know how they could have been," Smith said. "I don't think anybody can tell you how large it was."

Spies then objected to a slide show intended to be shown by state witness Nasreen Syed, a UI clinical associate professor of ophthalmology and visual sciences.

Sixth District Judge Patrick Grady believed the complete slide show would be inappropriate and instead allowed a only a few photographs to be shown.

The photographs showed the child's eyes, which, Syed said, indicated "retinal hemorrhages," and they were "most likely a result of inflicted injury."

Dr. Janice Ophoven
Eastern Iowa News Now, October 31, 2011
But Janice Ophoven, a pediatric forensic pathologist out of Minnesota, said Dykstra’s explanation that his son fell down two stairs three days before he was rushed to the hospital on Aug. 13, 2005 is plausible.

“Even though (Isaac) could walk and eat and sleep, could he do that with all the medical problems he was having?” Dykstra’s defense attorney Leon Spies asked Ophoven.

“Yes,” she said, adding that it’s “not possible to say (Isaac) died of inflicted injuries.”

Assistant Johnson County District Attorney Anne Lahey questioned Ophoven’s credibility, asking if she exaggerated the number of child autopsies she performed and asking if she previously wrote in publications signs of child abuse.

“You wrote that adults responsible will say they have no idea how the injuries were sustained,” Lahey said. “You also wrote that an injury might be blamed on actions of a sibling or that he fell from an innocuous height like a bed or couch.”

The The Daily Iowan, October 27, 2011
Dykstra Trial: trial judge rules autopsy photos will not be shown
Photos from the autopsy of a child who died while under the care of a former Iowa City man will not be shown in court after a 6th District judge's ruling Wednesday.

Brian Dykstra, 35, who is charged with the second-degree murder of his adopted son, objected to having pictures of the child's autopsy shown in court. Defense attorney Leon Spies said a doctor testified at a previous hearing that "the autopsy photographs are not relevant to the determination of the injuries" and are "more prejudicial than appropriate."

Brian Dykstra and Leon Spies
Eastern Iowa News Now, October 28, 2011
Brian Dykstra talks about events preceding his toddler son's death in Iowa City murder trial
On Aug. 13 – the day 21-month-old Isaac Dykstra was rushed to the hospital with severe head injuries – Brian Dykstra said his son awoke around the same time he always does but was yawning all morning

“You never think of these things until now,” Dykstra, now 35, told an Iowa City police investigator in a video taped interview taken on Aug. 13, 2005, and played this morning for the 14 jurors hearing his second-degree murder trial in Johnson County.

Dykstra told the detective that Isaac had fallen down two steps three days earlier and hit his head. He said the child suffered a bruise on his cheek and on his ear and a bump on his head that turned “mushy” over the next few days.

He said Isaac was a bit fussier after the fall, but he was mostly himself, according to the videotaped interview. On the morning of Aug. 13, Dykstra told the investigator that his son was just sitting in the hallway, feeling his head and watching TV.

“Normally he was all playing, and he was just sitting there,” Dykstra said. “He just wasn’t his normal self.”

Dykstra said later that day he was in the kitchen washing dishes when he heard Isaac cry, according to the videotaped interview. Dykstra said he found his son lying on the ground, crying “like he bumped his head again” and holding his head.

Dykstra said Isaac appeared to be struggling to breathe, and at one point he “did a little bit of CPR,” according to the interview. When Dykstra tried to look at his son’s bruise, according to the interview, Isaac pushed him away.

Because the child was laboring to breathe, Dykstra said he called 911 but hung up.

“He seemed to be coming out of it,” Dykstra said.

When a 911 operator called back, Dykstra said someone should probable come help.

“I thought, you know what, I don’t trust myself,” he said in the interview. “I want someone here.”
Isaac was pronounced brain dead on Aug. 14 after suffering a hematoma, hemorrhaging, retinal bleeding and brain swelling. Investigators immediately considered the death suspicious, but they didn’t arrest Dykstra until three years later in August 2008.

Cedar Rapids Gazette,November 1, 2011
UPDATE: Testimony ends in Iowa City murder trial: Closing arguments set for Wednesday
We fell in love with him,” Dykstra today told the 14 jurors who are hearing his second-degree murder trial in a Johnson County courtroom. “You couldn’t ask for a better fit for us.”...
...Dykstra this morning told the jurors how much he adored his son. When asked if he “beat up” his child, Dykstra said, “Absolutely not.”

Dykstra described for the jurors a fall on Aug. 10 that he said led to the injuries that took his son’s life a few days later. Authorities and doctors have testified that Isaac had to have suffered devastating and fatal injuries on Aug. 13 – the day his dad called 911 and Isaac was rushed to the hospital.

But Dykstra described a slow change in behavior and small signs over a few days that led to Isaac’s passing out in the family’s Iowa City living room on Aug. 13.

“Looking back, I really wish we would have taken him to the hospital” on Aug. 10 after his fall, Dykstra said.

“To the normal average person, he looked fine,” he said. “But, looking back, there was a lot more going on there than just a fall.”

Dykstra described a knot that his son got on his head after the Aug. 10 fall and said it turned soft over the next few days. He said Isaac was groggy, uninterested in walking and irritable.

But, upon cross-examination, Dykstra said he can remember few details about Aug. 13 –when he called 911 and hung up and told an operator who called back that his son was struggling to breathe.

Dykstra said he doesn’t remember refusing to answer responders’ questions about what happened that morning that led to his son’s passing out with severe head injuries. He said he doesn’t remember what he told doctors about administering CPR or being preoccupied with the dogs when paramedics were at his house.

Daily Iowan, November 2, 2011
Dykstra has trouble recalling the day of his son's hospitalization
"I went in there, and he was holding his head," Dykstra said. "I picked him up and was trying to comfort him, and that's when I remember the eyes rolling back and he just passed out."

Assistant County Attorney Beth Beglin asked whether he remembered what occurred when the first responders to his 911 call arrived at his house.

"I don't remember anything," Dykstra said. "I remember basically [my son] passed out in my arms and then being driven to the hospital in the back of a police car."

He focused the rest of his testimony on his relationship with his former wife Lisa DeWaard — who defended him Monday in her testimony — and the child they adopted from Russia.
Dykstra, a self-described "small-town country boy," said the time he and DeWaard had with their child was the happiest part of their relationship.

"It was like he was the glue to our relationship … everything we did, we did together," he said. 

The victim's father described how they played with cars and balls, and he said they maintained their "connection" by looks and touch rather than speaking, because the child spoke Russian.

While describing himself, he mentioned he played a number of sports. When defense attorney Leon Spies asked whether he was any good, he smiled and said, "I could play," which caused some laughter his family.
"I always wanted to be the dad," he said. "To have a kid and be able to do those things and to be that type of a role model that my dad was for me."

Lisa Dewaard
Easter Iowa News Now, October 31 201
 Lisa DeWaard, who told the 14 jurors today that her marriage ended with Dyktra on Aug. 1 of this year, talked in depth about their adoption process and said her husband was excited to adopt and immediately bonded with Isaac.
The couple met their child twice in the Russian orphanage where he lived before being adopted, and DeWaard testified that she had initial concerns about the fact that Isaac’s birth mother was HIV-positive, even though he had tested negative numerous times.

After the couple’s first meeting with the child, adoption officials wanted to know whether they were still interested, DeWaard said.

“I looked at Brian and said, ‘I’m a little nervous,’” she said. “He looked at me and said, ‘This is my son.’”
When the couple returned to the orphanage a second time to complete the adoption, DeWaard said her husband “kept hogging the baby.”

“It was fun to see Brian playing with him,” she testifying, explaining that he was teaching Isaac how to make car sounds and how to roll a ball. “They were probably the best days of my life

Eastern Iowa News Now, October 31, 2011
Mother said her husband and son "had a very close relationship"
After Isaac Dykstra fell down two stairs on Aug. 10, DeWaard said her son was sleepier. He also had a large bump on his head, he was fussier, and he didn’t play or try to walk as much as he usually did, DeWaard told the 14 jurors hearing her ex-husband’s case in Johnson County District Court.

“Looking back, I wish we would have taken him into Mercy immediately,” she said.

The couple, who lived in Iowa City at the time, didn’t take Isaac to the hospital after he fell Aug. 10. But they called the nurse, who told them that if he hadn’t vomited, he hadn’t suffered a head injury.
On Aug. 13, while DeWaard was away at a church function, Dykstra called 911 and hung up. When an operator called back, Dykstra asked that paramedics come because his son was struggling to breathe.

When medical personnel arrived, they found Isaac with severe head injuries, and rushed him to the University of Iowa Hospitals and Clinics, where he was treated for brain swelling, hemorrhaging and retinal bleeding....

...DeWaard initially told doctors and authorities that Isaac was his normal self in the days after the fall on Aug. 10. But, on the stand Monday, DeWaard said he developed bruising on his face, had more bowel movements than normal, wanted to be held more and seemed lethargic. 

“I thought he was coming down with Brian’s cold,” she said.

Dykstra’s defense attorney Leon Spies showed jurors pictures of Isaac in the days that preceded his death. One showed him sitting on his father’s lap with visible bruises on his ears. DeWaard said Isaac often pinched his own ears, which she thought was the result of stress from the adoption.

Spies also showed a photo of Isaac eating breakfast on the day before he was rushed to the hospital – two days after the short fall. The photo, which showed visible bruising around Isaac’s eyes, caused DeWaard to choke up.

“That was the last picture taken of him,” she said. “And it was unusual because he’s not smiling, and he was always smiling.”

DeWaard and her mother testified that Dykstra was a loving and gentle father, who was proud and wanted to show off his son.

“(Isaac) loved Brian,” DeWaard testified. “Isaac would sit with him and watch TV. Isaac wanted to be in the dugout with daddy. … They had a very close relationship.”

On the day Isaac was rushed to the hospital, DeWaard said Dykstra called her crying.

“I went into the emergency room, and that’s when I saw Brian,” DeWaard said. “He was a mess. He had been crying. The second I saw him, he gave me this big hug and broke down crying.”

Doctors and authorities previously testified that Dykstra appeared unemotional when they arrived at the house and rushed the child to the hospital. They also testified that the injuries that took Isaac’s life had to have occurred on the day he was hospitalized.

Iowa City Gazette, October 26, 2011
Nurse says she was concerned by father's statements
Close friend Luke Haverhals also took the stand, stating that Isaac was a “happy kid” who showed no obvious signs of serious injury when he saw him that Friday evening.

Haverhals said that when he went to the hospital the following day, Dykstra’s demeanor, described as being “un-distressed” by a first responder during Tuesday’s testimony, was one of shock and grief.

“Sometimes [Brian] was staring off and sometimes he was sobbing,” he said.

Eastern Iowa News Now, October 31, 2011
Mother said her husband and son "had a very close relationship"
 Elizabeth Field, who said she knew the Dykstra’s through church, testified Monday that the atmosphere in the hospital when she arrived Aug. 13 was “disturbing.”

“The atmosphere was disturbing in the sense that they were accusing Brian of purposeful injury on this child,” she said. “It was troubling to see the staff’s demeanor

The Daily Iowan, November 4, 2011
Dyksata found not guilty in son's death
Spies said he felt the testimonies of Dykstra's friends and neighbors made the difference in the case, calling it a "nightmare compounded" that "prolonged the agony of [the child's] death."

"I think it was important for the jurors to hear from the many men and women who knew Brian," Spies said. "I was moved by it."...

Several doctors and other medical officials testified they believed the injuries they observed on the child were results of "inflicted injury." 

First responders to the 911 call described Dykstra's demeanor at his Iowa City home as unnaturally "calm."

Dykstra's neighbors and church friends spoke positively about his character.

Next-door-neighbor Carey Norton said in her testimony on Monday Dykstra was "very caring" and "very loving," adding she would trust him to watch her own children.

"Brian can be very caring and very gentle, but [he's] definitely someone who's more reserved verbally," Norton said. 

Dykstra's character was also the main focus of Spies' closing argument Wednesday.

"Men and women, Brian Dykstra has been described consistently as a caring, loving dad," Spies said. "What you see about Brian is what you get; he is pretty plainspoken and quiet. He is not the killer."

Defense Attorney Leon Spies
Immediately after the prosecution rested, defense attorney Leon Spies as the court to dismiss all charges. 

Cedar Rapids Gazette, October 30, 2011
Judge refuses to dismiss murder charges in Dykstra trial
“We have nothing here but mystery,” defense attorney Leon Spies told Judge Patrick Grady. “It cannot be said that the fatal injuries were inflicted out of malice, as opposed to by accident.”

Assistant District Attorney Anne Lahey disagreed and said that numerous doctors testified that Isaac Dykstra had to have suffered the injuries that took his life on Aug. 13, 2005 – the day his dad called 911 and he was rushed to the hospital....

...“There were devastating internal injuries in Isaac’s head caused by a malicious act such as shaking, slamming or a combination of both,” Lahey said.

Grady declined to make an immediate ruling in the case, finding that there is evidence that Dykstra killed his son “with malice and forethought” due to the nature of his injuries.

“A rational juror could conclude that the injuries occurred while he was in the sole care of the defendant,” Grady said. “And the injuries show malice, and that there was a fixed purpose to do harm.”

Asst. County Prosecutor Anne Lahey
Cedar Rapids Gazette, November 2, 2011
Defense attorney calls Iowa City toddler's death a "tragedy, an accident"
Assistant Johnson County Attorney Anne Lahey told jurors hearing the second-degree murder trial of Brian Dykstra during closing arguments today that the couple told a half dozen people in the days preceding Isaac’s death on Aug. 14, 2005, that Isaac was doing fine despite a short fall on Aug. 10.

“Lisa had no concerns about Isaac’s health” on the morning after he fell down two stairs, Lahey said. A friend who came to the house on Aug. 12 – the day before Isaac was rushed to the University of Iowa Hospitals and Clinics with severe head injuries – looked the toddler over and saw just a small bruise on Isaac’s cheek, Lahey said....

...During closing arguments this morning, Dykstra’s defense attorney, Leon Spies, told jurors that the “best scientific minds,” including the state medical examiner, have concluded that it’s “impossible to say that Brian Dykstra is a murder.”

“There is nothing in this case that is inconsistent with this tragedy being exactly what it is,” Spies said. “A tragedy. An accident.”...

...During closing arguments, Lahey reminded jurors about earlier bruising that doctors noticed on Isaac after the Dykstras adopted him from Russia in May 2005. And Lahey pointed out inconsistencies in Dykstra’s stories about what happened on Aug. 13 around the time he called 911.

“We don’t know how many times he slammed his head down,” Lahey said. “We don’t know how many times he shook him.”

But Spies talked to jurors about the quality of Dykstra’s character – about his dream to be a dad and the witnesses who testified to him being a loving father.

Spies stressed that several doctors and experts said toddlers can die from injuries suffered in short falls that develop over several days.

“It’s not fair to judge Brian on the statistics that death from a stairway fall is rare,” Spies said. “We don’t take comfort in the mysteries of this case.”

But, Spies said, if there are doubts, “they have to be resolved in Brian’s favor.”

Cedar Rapids Gazette, November 3, 2011
Deliberations resume in Iowa City murder trial 
Dykstra’s defense attorney presented medical experts who said that, although rare, children have been known to die from short falls. The defense also hinted that Isaac, who was adopted just a few months earlier from an orphanage in Russia, might have had unknown medical issues that were not fully disclosed.

During closing arguments in Dystra’s trial, Assistant Johnson County Attorney Anne Lahey told jurors that prosecutors didn’t have to prove how Dykstra killed his son – whether he slammed him or shook him – they had to prove only that he inflicted the fatal injuries, and Lahey reminded jurors that several University of Iowa doctors said the severe injuries only could have occurred shortly before Isaac was hospitalized, when he was in the sole care of his father.

But Dykstra’s defense attorney told jurors that even the Iowa Medical Examiner couldn’t say for sure whether Isaac’s death was a murder or accident. And, he said, any doubts had to be resolved in his client’s favor.

“The evidence was clear that Brian was not the kind of man or father who would kill a child they worked so hard to have in their family,” Spies said after the verdict Thursday. “It was a nightmare compounded too long.”

Getting the verdict
Cedar Rapids Gazette, November 3, 2011
Iowa City murder suspect found not guilty
A 12-member jury has found Brian Dykstra not guilty of killing his 21-month-old son in 2005...After hearing the verdict, Dykstra started weeping and buried his face in the shoulder of his attorney Leon Spies. Many of his supporters also started sobbing when the verdict was read, including his former wife, Lisa DeWaard

“This means we can finally grieve our son,” a teary-eyed Lisa DeWaard said after hearing the not guilty verdict in her ex-husband’s trial. “It’s been six very very long years.”


I've posted more here than I planned to, so I'll keep my comments short.

I followed this trial through press reports each day, which naturally limits our knowledge of the trial.  I'm really surprised, though, at the verdict, which I thought, until today, was a slam dunk for the state..After the prolonged investigation, large numbers of witnesses questioned over that time, and numerous trial postponements, I thought the state would have had a strong enough case to convict.. In fact, I believe  the state made its case. The physical evidence presented by the many prosecution witnesses-(police, EMT, and medical) is overwhelming and  based in science not neighborly anecdote.

It was clear though that "character" was the only real chance Brian Dykstra had.

I wrote most of this entry in the early hours of Friday and made the supposition then that "character" had been the defense.  Now, we see Leon Spies quoted in the Daily Iowan, admitting the strategy. Certainly character counts and should, but I simply can't comprehend how secondhand observations trump scientific evidence and expert testimony--especially since the Dykstra camp couldn't come up with genuine counter arguments. I wish they had.  I'd feel better about the verdict.

Without actually attending the trial every day, it is difficult to deconstruct testimony and reporting. We, too are only observers. Two pieces of testimony, though, described in the press, jumped out at me:  the conflicting testimony between Brian Dykstra regarding Isaac's appearance the week of his death:

“To the normal average person, he looked fine,” he said. “But, looking back, there was a lot more going on there than just a fall.”

and Lisa DeWaard:

Dykstra’s defense attorney Leon Spies showed jurors pictures of Isaac in the days that preceded his death. One showed him sitting on his father’s lap with visible bruises on his ears. DeWaard said Isaac often pinched his own ears, which she thought was the result of stress from the adoption.

Spies also showed a photo of Isaac eating breakfast on the day before he was rushed to the hospital – two days after the short fall. The photo, which showed visible bruising around Isaac’s eyes, caused DeWaard to choke up.

“That was the last picture taken of him,” she said. “And it was unusual because he’s not smiling, and he was always smiling.”

Something's not right in Iowa City.

Only Brian Dykstra knows what happened, and too many questions will never be answered.

So far there are no comments from the jury, and the Russian government has not made a statement.  If there are additions, I'll put them up later.

November 18, 2003, Sosnovoborsk - August 14, 2005, Iowa City Iowa

Nikto ne zabyt - Nichto ne zabyto
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