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1 impaired driving Santa Barbara Court of Appeals Issues Second-degree Murder Decision Page 3 The Board Beat Page 2 CDR Technology Update Page 8 A l s o I n s i d e... Upcoming Elections Page 9 Research and Development Page 13 Book Review Page 15 Training Review Page 17 ACTAR Test Schedule Page 16 New Member Spotlight Page 19 Page 5 PAGE 1! SEPTEMBER 2011 VOLUME 13 NUMBER 3

2 Board Beat Vice Chair Treasurer Jahna Beard monica Franksen Contacts Chairperson Chris Kauderer Membership Kevin Cassidy CAARS CONTACTS Liaison to ACTAR Jincy Pace Newsletter Tim Neumann CAARS DIRECTORS mike allison david cameron john crews david heinbaugh sean shimada PAGE 2! SEPTEMBER 2011 VOLUME 13 NUMBER 3

3 Recent Impaired Driving Case Decision cent Case Decision Recent Case Decision Recent Case Decision Recent Case Decision SEPTEMBER 2011 VOLUME 13 NUMBER 3! PAGE 3

4 PAGE 4! SEPTEMBER 2011 VOLUME 13 NUMBER 3 ASE LAW UPDATE Regarding her drinking behavior, Johnigan stated, Some day it might get me into trouble. We hold that there is no requirement of a predicate The state of mind of a person who acts with conscious disregard for life is, I know my conduct is dangerous to others, but I don't care if someone is hurt or killed. act... to establish implied malice. S E C O N D D E G R E E M U R D E R C A L I F O R N I A A S S O C I A T I O N O F

5 New Technology Driver Alcohol Detection System for Safety (DADSS) Technology Being Developed to Prevent Alcohol-Impaired Drivers From Operating Vehicles February 25, 2011 Waltham, Mass. -- U.S. Transportation Secretary Ray LaHood and National Highway Traffic Safety Administrator David Strickland today took a first look at new Driver Alcohol Detection System for Safety (DADSS) technology being developed to prevent alcohol-impaired drivers from operating their vehicles while under the influence. Secretary LaHood and Administrator Strickland were joined by Shane Karr, vice president for Federal Government Affairs at the Alliance of Automobile Manufacturers, and Laura Dean Mooney, national president of Mothers Against Drunk Driving (MADD), and JD Crouch, president of QinetiQ North America's Technology Solutions Group for a demonstration of DADSS technology at the QinetiQ lab where it is under development in Waltham, Mass. While still in the developmental stages, DADSS is seen as a potential tool for keeping drunk drivers from being able to operate their car if their blood alcohol concentration is at or above the legal intoxication limit (.08 BAC or higher). The technology could be voluntarily installed as an option for new cars. One system under evaluation determines the blood alcohol concentration through a touch-based approach and another system uses a breath-based approach. NHTSA research shows that drivers involved in fatal accidents with blood alcohol levels above the.08 legal limit are eight times more likely to have had a prior conviction for impaired driving than drivers who had no alcohol in their bodies at the time of a wreck. "Drunk driving continues to be a national tragedy that needlessly claims the lives of thousands of people on our highways each year," said Secretary LaHood. "We need to put an end to it." MADD President Laura Dean-Mooney, who was left a widow and single mother when a drunk driver killed her husband, Mike Dean, welcomed the progress of the DADSS research effort, saying, "Auto makers have stepped up to help turn cars into the cure. This project has made substantial progress and this technology could one day be an important step in our efforts to eliminate drunk driving." DADSS is being developed under a five-year, $10 million cooperative initiative between NHTSA and the Automotive Coalition for Traffic Safety (ACTS), an industry group representing most of the world's auto makers. SEPTEMBER 2011 VOLUME 13 NUMBER 3! PAGE 5

6 New Technology Driver Alcohol Detection System for Safety "What we're doing is developing technology that won't interfere with sober drivers, will require virtually no maintenance or upkeep and will have such precision that it only stops a driver when their blood alcohol content is.08 BAC or higher, which is the illegal limit for drunk driving in every state," said Shane Karr. "Now that we have actual prototypes, a tremendous feat in itself, we'll be working to identify the gaps in performance between these prototypes and the precise standards we've identified as true technology requirements. This will point the way forward for the next phase of research." "The technology we are seeing here today could quite simply signal a new frontier in the fight against drunk driving," said NHTSA Administrator Strickland. The next stage of development, which would include practical demonstrations of one or more of the alcohol detection technologies, could begin later this year. "Whatever the future holds for these advanced drunk driving prevention technologies, one thing remains clear; no technology can, or should, ever replace a driver's personal responsibility not to drive drunk," the Administrator said. In 2009, 10,839 people died nationwide in crashes involving a drunk driver. These deaths make up 32 percent of all fatal crashes. Article located at SEPTEMBER 2011 VOLUME 13 NUMBER 3! PAGE 6

7 In the News MADD Calls on Congress to Pass Highway Reauthorization Bill PAGE 7! SEPTEMBER 2011 VOLUME 13 NUMBER 3

8 TECHNOLOGY UPDATE Courtesy of Kent E. Boots Crash Data Retrieval Cables Toyota, Lexus, Scion #F00K Toyota, Lexus, Scion ACM Cable Kit Version 4.0 Release (June 2011) This CDR cable kit provides the ability to download crash data directly from the airbag control module (ACM) of select Toyota, Lexus and Scion vehicles. With the release of CDR software version 4.0 (June 2011), CDR cables will be available so you can take full advantage of the new vehicle coverage included. The new cables allow you to retrieve EDR data directly from select Toyota, Lexus and Scion airbag control modules. The new Toyota cables enables direct-to-acm EDR imaging on select MY2006 thru MY2012 Toyota, Scion and Lexus vehicles. Certain vehicles require the Toyota CDR ACM cable to be used in conjunction with the F00K ACM Adapter. The F00K Toyota ACM Cable Kit includes five Toyota ACM cables. Only 4 of the 5 cables will be used with CDR software version 4.0. The fifth cable will be used in a future CDR software release. This Toyota ACM Cable Kit includes the following five Toyota ACM Cables: F00K F00K F00K F00K F00K (supported with future software release) Please note: the new Toyota cables are not included in the main CDR Premium Hardware Kit (F00K108532). Make sure you order the new Toyota cables if purchasing a new CDR kit. Toyota CDR Cable Kit (Part#: F00K108711) USA Orders: MSRP: $600 (Price subject to change without notice) The new F00K CDR DLC Kit and F00K CDR D2M Kit supersede the previous F00K CDR Starter Kit and F00K Premium Kit part numbers. Version 4.1 Release (July 2011) CDR version 4.1 includes only software changes that provide additional support for 2012 Chrysler & Lancia vehicles as well as new coverage for 2012 Ford products. Newly Added Vehicle Coverage Support for EDR data retrieval was added for the following vehicles: MY2012 RAM Cargo Van MY2012 Lancia 300 and Flavia MY2012 Ford Escape, F-250 through 550 Super Duty trucks and Taurus MY2012 Lincoln MKS CDR version 4.1 did not introduce new hardware. SEPTEMBER 2011 VOLUME 13 NUMBER 3! PAGE 8

9 BOARD NOMINEES PAGE 9! SEPTEMBER 2011 VOLUME 13 NUMBER 3

10 Board Nominees Candidate Statements SEPTEMBER 2011 VOLUME 13 NUMBER 3! PAGE 10

11 Board Nominees Candidate Statements PAGE 11! SEPTEMBER 2011 VOLUME 13 NUMBER 3

12 Santa Maria Times - August 5, 2011 Recent Impaired Driving Guilty Verdict econd-degree m u r d e r V e r d i c t second-degree murder Verdict A San Luis Obispo County woman who killed a CHP officer while she was driving a vehicle high on methamphetamine has been convicted of second-degree murder. A jury also convicted 23-year-old Kaylee Ann Weisenberg of gross vehicular manslaughter while intoxicated in last year's death of Officer Brett Oswald. The 47-year-old officer was standing next to his squad car waiting for a tow truck when Weisenberg's Toyota Corolla crashed into him near Paso Robles. Prosecutors say the level of methamphetamine in Weisenberg's blood was twice the amount necessary for someone to be considered legally intoxicated. Weisenberg faces 15 years to life in prison when she is sentenced in late September. Research & Development Research & Development Roy Furchgott June 3, 2011, New York Times Child Safety Seats With a Racing Pedigree Dorel Juvenile Group A prototype of the Dorel safety seat, which employs foam technology commonly found in IndyCar race car seats. SEPTEMBER 2011 VOLUME 13 NUMBER 3! PAGE 12

13 Research & Development Head injury causation scenarios for belted, rear-seated children in frontal impacts Authors: K. Bohman. KB Arbogast, O. Bostrom Source: Autoliv Research, Vårgårda, Sweden Objectives: ABSTRACT Head injuries are the most common serious injuries sustained by children in motor vehicle crashes and are of critical importance with regard to long-term disability. There is a lack of understanding of how seat belt-restrained children sustain head injuries in frontal impacts. The aim of the study was to identify the AIS2+ head injury causation scenarios for rear-seated, beltrestrained children in frontal impacts, including the set of parameters contributing to the injury. Method: In-depth crash investigations from two National Highway Traffic Safety Administration (NHTSA) databases, the National Automotive Sampling System-Crashworthiness Data System (NASS-CDS; ) and the Crash Injury Research and Engineering Network (CIREN; ), were collected and analyzed in detail. Selection criteria were all frontal impacts with principal direction of force (PDOF) of 11, 12, and 1 o'clock involving rearseated, three-point belt-restrained, with or without booster cushion, children from 3 to 13 years with an AIS2+ head injury. Cases were analyzed using the BioTab method of injury causation assessment in order to systematically analyze the injury causation scenario for each case. Results: There were 27 cases meeting the inclusion criteria, 19 cases with MAIS2 head injuries and 8 cases with MAIS3+ head injuries, including 2 fatalities. Three major injury causation scenarios were identified, including head contact with seat back (10 cases), head contact with side interior (7 cases,) and no evidence of head contact (9 cases). Conclusions: Head injuries with seat back or side interior contact typically included a PDOF greater than 10 degree (similar to the Insurance Institute for Highway Safety [IIHS] and EuroNCAP offset frontal testing) and vehicle maneuvers. For seat back contact, the vehicle's movements contributed to occupant kinematics inboard the vehicle, causing a less than optimal restraint of the torso and/or torso roll out of the shoulder belt. For side interior contact, the PDOF and/or maneuvers forced the occupant toward the side interior. The cases without evidence of head/face contact were characterized by high crash severity and accompanied by severe injuries to the thorax and spine. These data lead to increased understanding of the injury patterns and causation in this crash restraint scenario so that interventions to mitigate the burden of injury can be advanced. PAGE 13! SEPTEMBER 2011 VOLUME 13 NUMBER 3

14 A C C I D E N T R E C O N S T R U C T I O N S P E C I A L I S T S ADVERTISE WITH CAARS!!! GET ADDED EXPOSURE

15 CAL I F O R N I A A S S O C I A T I O N O F Book Review Motorcycle Accident Reconstruction and Litigation Courtesy of Joseph Badger At least that is what it says on the book s cover. At Lawyers & Judges website the book is titled Motorcycle Accident Reconstruction and Litigation, Fifth Edition with Hurt Report. This new tome has over 400 pages in two parts, plus a Part III contained in an accompanying CD, which contains the Hurt Report along with an assortment of appendices. You may think it a bit ironic to have a Hurt Report in a book about motorcycle crashes, but there you have it. That report, by the way, was prepared by H.H. Hurt and others, the final version of which came out in It is 425-page Portable Document Format (PDF) and covers Vehicle Systems, Injury Mechanisms, Vehicle Dynamics and Accident Reconstruction. (PDF files require an Adobe Acrobat reader; but if your computer doesn t have it, the CD offers a free download.) More about the contents of the CD in a moment. The objectives of this research, as noted in the paper s opening under 1.1 Objectives, were to conduct a detailed investigation and analysis of a large number of motorcycle accidents with a highly specialized multidisciplinary research time. In this way, complete engineering and medical information could be collected and all of the accident events could be reconstructed to determine accident and injury causes. This scientific, multidisciplinary approach could provide must more exact and complete information than was available from police traffic accident reports. The 2011 Motorcycle Accident Reconstruction and Litigation, Fifth Edition book by Kenneth S. Obenski, et al. began in 1994 as merely Motorcycle Accident Reconstruction, but without the et al. The et als incorporate additional chapters written by Obenski and Hill; other contributors include the late Bernard Abrams, O.D., Leslie Weintraub, O.D., Jack Debes, Ph.D, and Eric Shapiro, A.S.E. The original was basically a text comprising 114 regular pages followed by two voluminous appendices. This new L&J book s Part I is mostly by Mr. Obenski, but with chapters by contributing authors, is titled Forensic Engineering Reconstruction of Motorcycle Accidents. Part II, titled Legal Analysis, was written by Paul F. Hill, a retired law school librarian whose research specialty is bicycle and motorcycle law. Mr. Hill also co-authored another Lawyers & Judges book in 2006: Bicycle Accidents: Biomechanical, Engineering, and Legal Aspects. Obenski s first edition contained 12 chapters ranging from Understanding Motorcycles and Highway Factors to Conspicuity and Methods. The latter discussed various mathematical equations for solving speed from skid marks, speeds from scrapes and gouges, speed from flight (we re talking airborne here), speed from momentum, from car rotation (after the bike hit it) and speed from damage, radius, and acceleration. Obenski s fifth edition contains all the above plus 26 additional chapters! In addition, where his first book was about 6 x 9½ inches, the latest is 8½ x 11. f r o m t h e b o o k s h e l f You can read all about it at productdetails.cfm?pc=891. Better yet, just go to type Obenski (without the quotation marks) in the search box and click on By Author. PAGE 15! SEPTEMBER 2011 VOLUME 13 NUMBER 3

16 Upcoming ACTAR Examination Dates and Locations O C T O B E R Monday, October 3: Golden, Colorado, held at Colorado State Patrol Academy. Sponsored by CSP. New Applications must have been received by August 3, Exam registration cutoff date: September 3, 2011 Wednesday, October 4: Harrisburg, Pennsylvania, in conjunction with the Joint Conference. Sponsored by NATARI. New Applications must be received by August 4, Exam registration cutoff date: September 4, Monday, October 17: Seattle, Washington, in conjunction with the Fall WATAI Conference. Sponsored by WATAI. New Applications must be received by August 17, Exam registration cutoff date: September 17, Wednesday, October 19: Anaheim, California, in conjunction with the Fall CAARS Conference. Sponsored by CAARS. New Applications must be received by August 19, Exam registration cutoff date: September 19, N O V E M B E R Wednesday, November 9: London, Ohio. Sponsored by ACTAR. New Applications must have been received by September 9, Exam registration cutoff date: October 9, F E B R U A R Y Friday, February 3: North Las Vegas, Nevada, at the North Las Vegas Police Department. Sponsored by ACTAR. New Applications must be received by December 3, Exam registration cutoff date: January 3, Thursday, May 24: Deadwood, South Dakota. Sponsored by MwATAI. New Applications must be received by March 24, Exam registration cutoff date: April 24, f r o m Continued t h e b o o k s h e l f Once you arrive at the book s web page, you can click on Table of Contents and see just how extensive Obenski s new volume is. Beside the Hurt Report, the CD also contains a 124-page DOT Motorcycle Standards and History. The search feature didn t work for me in either the Hurt Report or DOT Standards, but the feature worked okay on the other files. Among those others are several PDF files covering many years of NHTSA s Traffic Safety Facts. They are all searchable. As is another NHTSA paper covering Motorcycle Helmet Use Laws. Finally, Lawyers and Judges include a number of their newsletters (to which you may subscribe). Motorcycle Accident Reconstruction and Litigation, Fifth Edition contains several photographs not available in the first edition. I encourage you to explore the Table of Contents especially for Part II. In some 19 chapters, Mr. Hill covers all manner of case law from helmet laws, negligence for not wearing one, intersection collisions, collisions involving cables or chains, product liability and so on. (About the reviewer: Joseph E. Badger is an internationally known accident reconstructionist and consultant who has had over 100 articles published in such periodicals as Law and Order magazine, Accident Reconstruction Journal, Accident Investigation Quarterly, and others. Having retired after 20 years with the Indiana State Police, Mr. Badger resides in Bloomington, Indiana.) SEPTEMBER 2011 VOLUME 13 NUMBER 3! PAGE 16

17 CALI F O R N I A A S S O C I A T I O N O F CRASH RECONSTRUCTION CASE STUDIES Presented by Peter H. Rast, Collision Forensics & Michael Allison, ARI Investigations The Northern California 2 nd quarterly training was held at the Roseville Police Department. The Roseville Police Station is a great place for a class. The facilities are spacious and the room was well suited for the presentation. As is the custom CA2RS provided a light breakfast and coffee. There were about 25 attendees. The attendees were a good mix of Law Enforcement Officers and Private Investigators. The day was divided into two parts. The morning class was presented by Mike Allison. Mr. Allison works in the private sector after retiring from the Roseville Police Department (RPD). The afternoon class was presented by Peter H. Rast. Mr. Rast is a forensic engineer and also works in the private sector, mainly in criminal defense. Mr. Allison did an excellent job of presenting the proper way to investigate a collision. He stressed appropriate techniques and protocols to use. In four hours Mr. Allison went over correct scene investigation, evidence gathering, vehicle inspection and documentation. He touched on thorough and accurate questioning of witnesses and drivers. Mr. Allison also briefly discussed lamp and seatbelt analysis. Mr. Allison talked about how to wrap up your case into a neat package for presentation to the prosecutor. Most collision investigation courses I have attended do a very good job of educating attendees in the specific aspects of a collision investigation. Things like crush, vehicle dynamics, mechanical failure, etc are covered in detail. This is the first course I ever attended that looked at an investigation as a whole process and how to take each of the components of the investigation and bring all of them together to tell the whole story. Mr. Allison then presented a case study. He used a vehicle v/s bicycle collision as a demonstration of how to conduct a proper investigation. He presented the investigative techniques that he and his team at RPD used. As part of his presentation Mr. Allison provided the attendees with sample Word documents that he uses in his investigations. Mr. Allison also covered in his presentation the case involving the concrete mixer that he wrote about in the Accident Reconstruction Journal. There were investigators from large and small departments and from every level of experience. Mr. Allison was able to speak to all of these attendees. He kept the class interesting and kept the Third quarter Q3 training review audience captivated. Everyone who attended the class went away with something that would make them a better investigator. The experience and knowledge Mr. Allison gathered as a Police Officer really showed in his presentation. The afternoon session was taught by Peter Rast. Mr. Rast is a forensic engineer and mainly works in criminal defense. training corner!e PAGE 17! SEPTEMBER 2011 VOLUME 13 NUMBER 3

18 third quarter training review This is always a huge hurdle to overcome when you are talking to a room full of cops, ex-cops and a few cynical engineers. I think most of the attendees had a mindset like mine; this is going to be another class with a guy bagging on the cops. This proved to be far from the reality of Mr. Rast s presentation. Mr. Rast started his presentation with a quick review of some basic rules of law that we sometimes lose sight of. He covered everything from probable cause to jury instructions. Once he had completed his review, he used case studies to show how he investigates a case. The attendees appeared to be interested in the presentation. Mr. Rast did a very good job of pointing out how we, as investigators for the prosecution, have to look at all of the evidence very carefully. Mr. Rast used various cases to show how investigators misinterpreted evidence. He stressed the necessity for to make sound conclusions that match the physical evidence. He reviewed three cases where the identification of the driver was an issue and five cases where evidence was misinterpreted by the investigators. Mr. Rast covered two mechanical failure cases. He presented the information from the police report. Q3 He then proceeded to dissected it and showed how it worked as a defense case. The information was good and reminded us all to keep digging and do a comprehensive vehicle inspection. He presented one case on time distance involving motorcycles. He showed how the investigator used circumstantial evidence to come to the conclusions. The moral to the story was something of great interest to us as investigators. Keep in mind the jury is going to get an instruction something like this If you can draw two or more reasonable conclusions from the circumstantial evidence, and one of those reasonable conclusions points to innocence and another to guilt, you must accept the one that points to innocence. The crux of Mr. Rast s presentation was really quite simple, and, at the same time something we should always have foremost of our minds as we investigate a collision. Use great caution in your investigations and be mindful of getting all of the facts. In conclusion, the two speakers presented the good quality information that CA2RS training courses are known for. The two topics meshed well together Mr. Allison showing how to complete a high quality investigation and Mr. Rast showing how to avoid the pitfalls of the judicial process. At the end of the day we were given a CD of both presentations. If you missed this training it would be a good idea to seek out one of your partners who went and review their CD. That s all for now, Bill Focha CRASH RECONSTRUCTION CASE STUDIES SEPTEMBER 2011 VOLUME 13 NUMBER 3! PAGE 18

19 New Member Spotlight James Alessi California Highway Patrol Bader Alzafain Dubai Police Department Khalid Alzaffin Abu Dhabi Police Lyle Baker California Highway Patrol Jana Cervantes City of Roseville Public Works Engineer Crosby Thomas Dewgaw El Cajon Police Department New members since March 1, 2011 Jeremy Fletcher Westminster Police Department Chris Goldmark Orange County Sheriff s Department Daniel V. Hackett Santa Rosa Police Department Bruce M. Hahn Walnut Creek Police Department Anthony W. McFarland California Highway Patrol, MAIT Michael P. Mieger Santa Rosa Police Department Kenton Miller California Highway Patrol Scott Naramore Collision Dynamics Daniel Schumaker Contrast Design Tyler L. Shaw Pasadena Scientific Chris Thompson Orange County Sheriff s Department Richard Washington Santa Barbara Police Department CAARS Membership goes international Chris Kauderer PAGE 19! SEPTEMBER 2011 VOLUME 13 NUMBER 3

20 2011 Fall Conference Schedule of Events Wednesday, October 19 8:00 5:00 ACTAR Examination Conference Sessions Thursday, October 20 8:00 8:30 Opening Remarks Continental Breakfast 8:30 12:00 Air Bag Fundamentals (Rick Suarez) Buffet Lunch and Afternoon Snack 1:15 3:00 CDR Update (Kent Boots) Provided 3:00 3:30 Afternoon Exhibits Break 3:30 5:00 CDR Update (Kent Boots) Friday, October 21 8:00 9:00 Business Meeting (members only) Continental Breakfast 9:00 10:30 Seat Belts: Forensic Testing & Analysis Buffet Lunch and (Kurt Weiss) Afternoon Snack Provided 10:30 11:00 Morning Exhibit Break 11:00 12:30 Seat Belts (Kurt Weiss) 1:45 5:00 Child Restraint Systems (Karen Haverkamp) Saturday, October 22 8:30 11:45 Air Bag and Seat Belt Injuries (Dr. Rick Robertson) Continental Breakfast Provided 11:45 12:00 Closing Remarks, Q&A Conference Speakers Rick Suarez, Rick Suarez Consulting Kent Boots, FactualDiagrams.com Kurt Weiss, Automotive Safety Research, Inc. Karen Haverkamp, Riverside Police Department Dr. Rick Robertson, Biomechanical Consulting Q4 A n n u a l C O n f e r e n c e For additional information, please visit the CAARS website or contact SEPTEMBER 2011 VOLUME 13 NUMBER 3! PAGE 20

21 CALIFORNIA ASSOCIATION OF 2011 CAARS Board of Directors Election Absentee Ballot Vice-Chair Jahna Beard (running unopposed) Director-at-Large Vote for no more than three Michael Allison (running for re-election) David Cameron (running for re-election) John Crews (running for re-election) Mallie D. Donohoe (running for election) Please complete this form using blue ink and completely mark the candidate of your choice. Completed ballots must be received no lated than October 18, 2011, and are to be mailed to: CAARS Headquarters PO Box San Jose, CA, Attn.: Membership Printed Name Signature 2011

22 PHOTO CREDITS cover (drunk-driving-attorneys.info) // x-ray (yousaytoo.com) // DUI Parking at tree // ashley johnigan (santamariatimes.com) // (advertolog.com) // dui cartoon (garfieldmessenger.com) // eiffel tower and car, drifting (goodwallpapers.com) // September 11 memorial (secondedition.wordpress.com // california adventure at night (travelmuse.com) // kaylee weisenberg (kcoy.com) // new spotlight (ucmo.edu) // crashed ford gt (goodwallpapers.com) // DUI parking stall (wierdthings.org.uk) This newsletter is solemnly dedicated to those who lost their lives on September 11, On that day, ordinary people were extraordinary and left us a legacy of selflessness and heroism when they chose to serve others knowing that decision would be their ultimate sacrifice. They laid down their lives in service. Ten years later, we remember you and we thank you. W E W I L L NEVER F O R G E T Y O U. California Association of Accident Reconstruction Specialists (CAARS) Headquarters // PO Box // San Jose // California

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