mst3k4evur
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Post by mst3k4evur on Sept 17, 2009 19:31:51 GMT -6
Inmate Will Testify About Failed Execution By BOB DRIEHAUS Published: September 17, 2009 CINCINNATI — Two days after the execution of a convicted rapist-murderer was halted when technicians were unable to inject him with lethal drugs, a federal judge ordered Thursday that the inmate be deposed for a federal lawsuit challenging the constitutionality of Ohio’s lethal injection procedure. The deposition for the inmate, Romell Broom, is set for Monday, a day before he is scheduled to be executed. His lawyers said they planned to file appeals in state and federal courts on Friday seeking to cancel or at least postpone his execution. One of his lawyers, Adele Shank, said the appeals would present three arguments that executing Mr. Broom on Tuesday would constitute cruel and unusual punishment. They will contend that seven days is not enough time to recover from the physical and emotional trauma of the failed execution attempt, that Ohio’s lethal injection system in its current form is critically flawed and that lethal injection, in general, is cruel and unusual punishment. The execution of Mr. Broom, 53, was postponed Tuesday after technicians tried and failed for more than two hours to maintain an IV connection in order to inject him with lethal drugs. On Thursday, federal public defenders argued before the judge, Gregory L. Frost of Federal District Court in Columbus, Ohio, that evidence supporting their case against lethal injection would be irretrievably lost if they were not able to interview Mr. Broom before his death. “He has relevant evidence that needs to be preserved,” said David C. Stebbins, an assistant federal public defender in Columbus. “Mr. Broom has, of course, the most relevant testimony of what exactly they did to him and the amount of pain he was put in.” The deposition is for a case in the Federal District Court for the Southern District of Ohio. “The core of the complaint,” Mr. Stebbins said, “is that there are insufficient protections built into the Ohio procedures that guarantee it will be a painless execution, that the protocols are not sufficient to guard against mistakes and that they don’t cover all issues like in Mr. Broom’s case.” Mr. Broom was convicted of the 1984 abduction, rape and killing of Tryna Middleton, 14, who had been walking home from a football game in Cleveland with two friends. He maintains his innocence. His case is the first in which an execution by lethal injection in the United States has failed and then been rescheduled, according to Richard C. Dieter, executive director of the Death Penalty Information Center, in Washington. Along with the court appeals, Mr. Broom’s lawyers are asking Gov. Ted Strickland to delay or commute the death sentence. Sign in to Recommend Next Article in US (7 of 30) » A version of this article appeared in print on September 18, 2009, on page A16 of the New York edition. www.nytimes.com/2009/09/18/us/18ohio.html
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mike5
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Post by mike5 on Sept 17, 2009 19:37:24 GMT -6
Oh, brother!
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Post by davebowman on Sept 18, 2009 1:58:00 GMT -6
I have a feeling he might get away.
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Post by Felix2 on Sept 18, 2009 3:36:21 GMT -6
Inmate Will Testify About Failed Execution By BOB DRIEHAUS Published: September 17, 2009 CINCINNATI — Two days after the execution of a convicted rapist-murderer was halted when technicians were unable to inject him with lethal drugs, a federal judge ordered Thursday that the inmate be deposed for a federal lawsuit challenging the constitutionality of Ohio’s lethal injection procedure. The deposition for the inmate, Romell Broom, is set for Monday, a day before he is scheduled to be executed. His lawyers said they planned to file appeals in state and federal courts on Friday seeking to cancel or at least postpone his execution. One of his lawyers, Adele Shank, said the appeals would present three arguments that executing Mr. Broom on Tuesday would constitute cruel and unusual punishment. They will contend that seven days is not enough time to recover from the physical and emotional trauma of the failed execution attempt, that Ohio’s lethal injection system in its current form is critically flawed and that lethal injection, in general, is cruel and unusual punishment. The execution of Mr. Broom, 53, was postponed Tuesday after technicians tried and failed for more than two hours to maintain an IV connection in order to inject him with lethal drugs. On Thursday, federal public defenders argued before the judge, Gregory L. Frost of Federal District Court in Columbus, Ohio, that evidence supporting their case against lethal injection would be irretrievably lost if they were not able to interview Mr. Broom before his death. “He has relevant evidence that needs to be preserved,” said David C. Stebbins, an assistant federal public defender in Columbus. “Mr. Broom has, of course, the most relevant testimony of what exactly they did to him and the amount of pain he was put in.” The deposition is for a case in the Federal District Court for the Southern District of Ohio. “The core of the complaint,” Mr. Stebbins said, “is that there are insufficient protections built into the Ohio procedures that guarantee it will be a painless execution, that the protocols are not sufficient to guard against mistakes and that they don’t cover all issues like in Mr. Broom’s case.” Mr. Broom was convicted of the 1984 abduction, rape and killing of Tryna Middleton, 14, who had been walking home from a football game in Cleveland with two friends. He maintains his innocence. His case is the first in which an execution by lethal injection in the United States has failed and then been rescheduled, according to Richard C. Dieter, executive director of the Death Penalty Information Center, in Washington. Along with the court appeals, Mr. Broom’s lawyers are asking Gov. Ted Strickland to delay or commute the death sentence. Sign in to Recommend Next Article in US (7 of 30) » A version of this article appeared in print on September 18, 2009, on page A16 of the New York edition. www.nytimes.com/2009/09/18/us/18ohio.htmlI am not in the least surprised about this appeal, and suggested last week that this might well constitue cruel and unusual punishment.
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mike5
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Post by mike5 on Sept 18, 2009 6:16:44 GMT -6
It's not cruel and it's not unusual. Again, thousands of small children have difficult IVs started in hospitals every day and they whine less about it. Also, they tried making these arguments before when they challenged LI and lost. Not sure why they would win on them now.
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Post by Grey on Sept 18, 2009 6:23:57 GMT -6
Inmate Will Testify About Failed Execution By BOB DRIEHAUS Published: September 17, 2009 CINCINNATI — Two days after the execution of a convicted rapist-murderer was halted when technicians were unable to inject him with lethal drugs, a federal judge ordered Thursday that the inmate be deposed for a federal lawsuit challenging the constitutionality of Ohio’s lethal injection procedure. The deposition for the inmate, Romell Broom, is set for Monday, a day before he is scheduled to be executed. His lawyers said they planned to file appeals in state and federal courts on Friday seeking to cancel or at least postpone his execution. One of his lawyers, Adele Shank, said the appeals would present three arguments that executing Mr. Broom on Tuesday would constitute cruel and unusual punishment. They will contend that seven days is not enough time to recover from the physical and emotional trauma of the failed execution attempt, that Ohio’s lethal injection system in its current form is critically flawed and that lethal injection, in general, is cruel and unusual punishment. The execution of Mr. Broom, 53, was postponed Tuesday after technicians tried and failed for more than two hours to maintain an IV connection in order to inject him with lethal drugs. On Thursday, federal public defenders argued before the judge, Gregory L. Frost of Federal District Court in Columbus, Ohio, that evidence supporting their case against lethal injection would be irretrievably lost if they were not able to interview Mr. Broom before his death. “He has relevant evidence that needs to be preserved,” said David C. Stebbins, an assistant federal public defender in Columbus. “Mr. Broom has, of course, the most relevant testimony of what exactly they did to him and the amount of pain he was put in.” The deposition is for a case in the Federal District Court for the Southern District of Ohio. “The core of the complaint,” Mr. Stebbins said, “is that there are insufficient protections built into the Ohio procedures that guarantee it will be a painless execution, that the protocols are not sufficient to guard against mistakes and that they don’t cover all issues like in Mr. Broom’s case.” Mr. Broom was convicted of the 1984 abduction, rape and killing of Tryna Middleton, 14, who had been walking home from a football game in Cleveland with two friends. He maintains his innocence. His case is the first in which an execution by lethal injection in the United States has failed and then been rescheduled, according to Richard C. Dieter, executive director of the Death Penalty Information Center, in Washington. Along with the court appeals, Mr. Broom’s lawyers are asking Gov. Ted Strickland to delay or commute the death sentence. Sign in to Recommend Next Article in US (7 of 30) » A version of this article appeared in print on September 18, 2009, on page A16 of the New York edition. www.nytimes.com/2009/09/18/us/18ohio.htmlIf he wins, I can see the DP slowly going away . . . If the court rules that injecting him a needle (not the drug cocktail) is cruel and unusual treatment then what happens to the rest of America, having to get blood work done and IVs? Are they going to have to find another method? On another note, would this have an impact on all heavy IV drug users being tried for capital punishment?
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Post by Deleted on Sept 18, 2009 7:27:09 GMT -6
It is real surprising how these big bullies are nothing but a bunch of wussy maqnipulative bytches, when it comes to their punishment.
Painless execution?? WTF? We are killing them. It's not supposed to be a haqppy thing.
Get over it you big baby and do the right thing. Stop your whining and think about your victim and what you did to her and realize that you deserve every bit of pain that you get.
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Post by Grey on Sept 18, 2009 7:36:49 GMT -6
It is real surprising how these big bullies are nothing but a bunch of wussy maqnipulative bytches, when it comes to their punishment. Painless execution?? WTF? We are killing them. It's not supposed to be a haqppy thing. Get over it you big baby and do the right thing. Stop your whining and think about your victim and what you did to her and realize that you deserve every bit of pain that you get. Unlike the murderer, the government/constitution has more respect for "pain and suffering" and murderers take advantage of this.
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Post by Californian on Sept 18, 2009 7:37:06 GMT -6
Sharon, you make me soooo hot when you talk like that. ;D It is real surprising how these big bullies are nothing but a bunch of wussy maqnipulative bytches, when it comes to their punishment. Painless execution?? WTF? We are killing them. It's not supposed to be a haqppy thing. Get over it you big baby and do the right thing. Stop your whining and think about your victim and what you did to her and realize that you deserve every bit of pain that you get.
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Post by leopard32 on Sept 18, 2009 7:40:50 GMT -6
If he wins, I can see the DP slowly going away . . . If the court rules that injecting him a needle (not the drug cocktail) is cruel and unusual treatment then what happens to the rest of America, having to get blood work done and IVs? Are they going to have to find another method? On another note, would this have an impact on all heavy IV drug users being tried for capital punishment? Sadly it is difficult to see how he could loose. Heavy drug users do present vein problems and cut downs are sometimes required. I do not know if Ohio has retained a second method of execution - if so that is what should happen to Broom. If not then Governor Strickland would have been well advised to have commuted his sentence to LWOP on Wednesday and avoid the inevitable litigation over the use of LI and the probable paralysis of the DP in Ohio for months or years to come.
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Post by Deleted on Sept 18, 2009 7:45:09 GMT -6
Sharon, you make me soooo hot when you talk like that. ;D It is real surprising how these big bullies are nothing but a bunch of wussy maqnipulative bytches, when it comes to their punishment. Painless execution?? WTF? We are killing them. It's not supposed to be a haqppy thing. Get over it you big baby and do the right thing. Stop your whining and think about your victim and what you did to her and realize that you deserve every bit of pain that you get. Cali, when I see your name on a post, I have to read it. I know you will always make me laugh and that is an accomplishment. Thanks, sweet cheeks.
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Post by wrench on Sept 18, 2009 9:11:45 GMT -6
If he wins, I can see the DP slowly going away . . . If the court rules that injecting him a needle (not the drug cocktail) is cruel and unusual treatment then what happens to the rest of America, having to get blood work done and IVs? Are they going to have to find another method? On another note, would this have an impact on all heavy IV drug users being tried for capital punishment? Sadly it is difficult to see how he could loose. Heavy drug users do present vein problems and cut downs are sometimes required. I do not know if Ohio has retained a second method of execution - if so that is what should happen to Broom. If not then Governor Strickland would have been well advised to have commuted his sentence to LWOP on Wednesday and avoid the inevitable litigation over the use of LI and the probable paralysis of the DP in Ohio for months or years to come. i don't like it however, that unfortunately is a very good tactic. i think this is going to really have some far reaching implications for LI in ohio.
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Post by Grey on Sept 18, 2009 9:22:00 GMT -6
Sadly it is difficult to see how he could loose. Heavy drug users do present vein problems and cut downs are sometimes required. I do not know if Ohio has retained a second method of execution - if so that is what should happen to Broom. If not then Governor Strickland would have been well advised to have commuted his sentence to LWOP on Wednesday and avoid the inevitable litigation over the use of LI and the probable paralysis of the DP in Ohio for months or years to come. i don't like it however, that unfortunately is a very good tactic. i think this is going to really have some far reaching implications for LI in ohio. It won't be just in Ohio though . . . DR inmate lawyers will be all over this no matter what state especially if said inmate was a heavy IV user.
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mike5
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Post by mike5 on Sept 18, 2009 10:29:17 GMT -6
If he wins, I can see the DP slowly going away . . . If the court rules that injecting him a needle (not the drug cocktail) is cruel and unusual treatment then what happens to the rest of America, having to get blood work done and IVs? Are they going to have to find another method? On another note, would this have an impact on all heavy IV drug users being tried for capital punishment? Sadly it is difficult to see how he could loose. Heavy drug users do present vein problems and cut downs are sometimes required. Are you kidding me? There are hundreds of thousands of junkies with bad veins who at one time or the other are in hospitals and have IVs started. Still, just because you have to make numerous attempts to start an IV is not cruel or unusual because children and the elderly have it by the thousands every day and you don't come close to hearing the whining from them that you do from the antis. And they always have the option of doing a cut down. Having had an IV or two myself, I wouldn't call them painful. Yes, there is a stick. Big deal. I would also remind you that they have local anesthesia so the only pain they feel is from the sticks for the local. Is that going to be declared cruel and unusual, too? Oh, by all means give them another 10 years to appeal that method of execution. Why on earth would they want to avoid litigation? It's their job. Furthermore, it's been litigated already. IVs are not cruel and unusual bad veins or not. The only thing that may come out of this is that they may have to be able to perform a cutdown at each execution. Why they weren't ready to do so in this case, I do not know. Seriously, if you want to call yourself a pro, you can't roll over every time an anti whinnnnnnnnnnes. Otherwise, you'll end up spinning like a top.
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mike5
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Post by mike5 on Sept 18, 2009 10:31:37 GMT -6
The sky is falling! The sky is falling! - the anti wing of the Pros. I feel like my prodp link has been misdirected to Bizarro World ProDP where pros think a guy who kidnapped, raped, and stabbed to death a 14 year old girl should get a pass because he complained that IVs are owies.
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Post by leopard32 on Sept 18, 2009 11:53:20 GMT -6
I rather think you are missing my point Mike.
I do not think Broom should be let off and for the life of me do not know why a cut-down wasn't done on Tuesday.
All I am saying is that Broom isn't worth sacrificing Ohio's death penalty for.
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Post by Deleted on Sept 18, 2009 12:03:27 GMT -6
and for the life of me do not know why a cut-down wasn't done on Tuesday. Nor do I... That HAS to be anticipated in the pre-execution preparations/meetings/discussions/planning - and accounted for.
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Post by Rev. Agave on Sept 18, 2009 12:12:44 GMT -6
Introduce beheading. It is the most loving way to execute, and it gets the job done quickly.
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mike5
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Post by mike5 on Sept 18, 2009 12:17:48 GMT -6
I rather think you are missing my point Mike. I do not think Broom should be let off and for the life of me do not know why a cut-down wasn't done on Tuesday. All I am saying is that Broom isn't worth sacrificing Ohio's death penalty for. I doubt it. Sacrifice? What on earth do you base this on? And, what effect do you think commuting his sentence will have on the DP? Clue: Exactly what you claim that that you want to avoid.
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Post by leopard32 on Sept 18, 2009 12:31:26 GMT -6
Broom will most likely win his legal challenges and somebody will challenge the LI procedure in Ohio. End result paralysis of the DP in Ohio or even nationwide as happened last time when a another Kentucky resident, Ralph Baze challenged LI.
If I had had my way Broom would have been gone 24 years ago in the chair.
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Post by honeyroastedpeanut on Sept 18, 2009 12:33:52 GMT -6
I am not in the least surprised about this appeal, and suggested last week that this might well constitue cruel and unusual punishment. I too believe that it's bloodcurdling to strap someone down to kill him, poke his arm for hours and then say: "Well, don't worry. Next week it'll work.". But this has happened before if I'm not mistaken and nothing came out of it. I doubt that they are able to challenge the protocol again - this time because it doesn't have a backup method for example. When one believes that capital punishment is not per se "cruel" than he's willing to expose the convict to the fear of death already. It doesn't make much of a difference then if the convict will be exposed to it again. I believe it to be horrible no matter what this shythead did. He's still a human being.
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Post by Deleted on Sept 18, 2009 12:40:29 GMT -6
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Post by Rev. Agave on Sept 18, 2009 12:47:14 GMT -6
Louisiana ex rel. Francis v. Resweber, 329 U.S. 459 (1947):
The cruelty against which the Constitution protects a convicted man is cruelty inherent in the method of punishment, not the necessary suffering involved in any method employed to extinguish life humanely. The fact that an unforeseeable accident [***427] prevented the prompt consummation of the sentence cannot, it seems to us, add an element of cruelty to a subsequent execution. There is no purpose to inflict unnecessary pain nor any unnecessary pain involved in the proposed execution. The situation of the unfortunate victim of this accident is just as though he had suffered the identical amount of mental anguish and physical pain in any other occurrence, such as, for example, a fire in the cell block. We cannot agree that the hardship imposed upon the petitioner rises to that level of [**377] hardship denounced as denial of due process because of cruelty.
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Post by Grey on Sept 18, 2009 14:07:35 GMT -6
The sky is falling! The sky is falling! - the anti wing of the Pros. I feel like my prodp link has been misdirected to Bizarro World ProDP where pros think a guy who kidnapped, raped, and stabbed to death a 14 year old girl should get a pass because he complained that IVs are owies. No, we are just looking at the bigger picture that *if* he is successful with this argument of "cruel and unusual treatment" then it could mean the possible abolishment of the DP or heavy IV drug users not being eligable for the DP. We don't want to give him a pass and I for one do not see how putting a needle in his arm is cruel and unusal treatment (again we are just talking about a needle not the actual chemicals) a) for the reason you mentioned people with naturally bad veins, children and the elderly get poked with needles all the time and if I were representing the state b) he was an IV drug user who has put needles into himself ALL THE TIME and never had a problem with needles being stuck into him until now. If he had a fear of needles or a fear of the pain of getting a needle he wouldn't have been injecting himself, plain and simple ... any cruel and unusual treatment he experienced within the 2 hours of trying to find the vein is the same cruel and unusual treatment he did to himself while abusing illegal substances that could have resulted in death.
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Post by wrench on Sept 18, 2009 14:36:23 GMT -6
b) he was an IV drug user who has put needles into himself ALL THE TIME and never had a problem with needles being stuck into him until now. If he had a fear of needles or a fear of the pain of getting a needle he wouldn't have been injecting himself, plain and simple ... any cruel and unusual treatment he experienced within the 2 hours of trying to find the vein is the same cruel and unusual treatment he did to himself while abusing illegal substances that could have resulted in death. OUCH! that stung.
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Post by Rev. Agave on Sept 18, 2009 14:52:33 GMT -6
I would not want to even open the door or entertain the idea that a fear of needles is a valid reason to stop a juice party. When you start questioning the legitimacy of the inmate's fear, you are implicitly acknowledging (at least in a way) that he would have a claim if his fear was genuine. I don't want to go that route.
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Post by honeyroastedpeanut on Sept 18, 2009 14:53:05 GMT -6
If you define human beings by different standards, so be it but you should take a look around you then to see who sides with you. This can be very unpleasant company. One must define the actions which take the quality of being human from one and I wonder who this would be and how many would agree with that? The problem I see is if you define human beings you take their quality of being human from them in the first place. Maybe it defines humans that they cannot be defined. After all I simply assert one thing: an honest debate about capital punishment cannot be made with Pros labeling the convicts as "subhumans" or using euphemisms for the act of killing them. You should very well know what you demand and what the consequences of your demands are. It's not like squashing a fly. Of course it needs Antis as well who do not mitigate what the convicts did and it needs Antis who do not always doubt the (concerning this board here: American) system of justice. The stupid thing then is that it all comes down to the question whether you believe a human being can decide if another has fortfeited the right to live which is a question of personal morals. So, we very well discuss what defines human life.
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Post by Grey on Sept 18, 2009 14:57:42 GMT -6
I would not want to even open the door or entertain the idea that a fear of needles is a valid reason to stop a juice party. When you start questioning the legitimacy of the inmate's fear, you are implicitly acknowledging (at least in a way) that he would have a claim if his fear was genuine. I don't want to go that route. His lawyers might though, what i'm trying to get at is the claim isn't a legitimate one.
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Post by Rev. Agave on Sept 18, 2009 15:01:33 GMT -6
I would not want to even open the door or entertain the idea that a fear of needles is a valid reason to stop a juice party. When you start questioning the legitimacy of the inmate's fear, you are implicitly acknowledging (at least in a way) that he would have a claim if his fear was genuine. I don't want to go that route. His lawyers might though, what i'm trying to get at is the claim isn't a legitimate one. But do you want to open that door? As the state, do you want to entertain the notion that a true fear of needles is grounds to stop a juicing? What about a fear of death itself? Would it not be more prudent to argue that the inmate's subjective fear is meaningless when it comes to his punishment? Wouldn't that be the more solid ground?
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mst3k4evur
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Post by mst3k4evur on Sept 18, 2009 18:36:23 GMT -6
An interesting legal question presents itself: What idiot came up with requirement be 'quick and painless'? How can any execution method, or any means of incarceration be entirely 'painless'?
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