Judge Grants Homicide Defendant Additional Time for DNA Hearing

On Feb. 28, DC Superior Court Judge Maribeth Raffinan did not conduct a hearing to determine how the defense intends to independently test for DNA evidence because of insufficient testing resources.

Eric Smith, 24, is charged with first-degree murder and murder while armed, assault with intent to kill while armed against a minor, and five counts of possession of a firearm during a crime of violence, among other charges, for his alleged involvement in the shooting of 38-year-old Rondell Wills on May 3, 2018, at the 200 block of 50th Street, NE. Smith allegedly shot Wills in a drive-by shooting.

Smith’s defense attorney, David Knight, stated that Smith wants to exercise his right to DNA test evidence but is unable to do so, due to multiple labs denying their requests for testing because critical chemical components are not available.

“No accredited lab would do testing on those items,” Knight said. “Smith is not waiving [his right], he practically cannot do the thing he wants to do.”

According to Knight, doing DNA testing on these items at an unaccredited lab would put Smith at a “disadvantage” when it came to trial. Upon the defense’s request, Judge Raffinan granted Knight more time to find a lab that could conduct the desired testing.

The prosecution said they will be conducting firearm testing in this case by the end April.

Judge Raffinan decided that she would not conduct a so-called IPA hearing or waive further discussion because the evidence could not yet be tested for DNA.

Parties are slated to return on May 17.

Eyewitness to Shooting Testifies in 2020 Teen Homicide Case

On Feb. 27, two witnesses testified before DC Superior Court Judge Rainey Brandt in connection to a 2020 homicide case.

Koran Jackson, 23, Tyiion Kyree Freeman, 24, and Stephen Nelson, 22, are three of five individuals charged with multiple counts of conspiracy, assault with the intent to kill while armed, first-degree murder while armed, carrying a pistol without a license, and possession of a firearm during a crime of violence in connection to the fatal shooting of 13-year-old Malachi Lukes on March 1, 2020 on the 600 block of S Street, NW. The shooting also left a second juvenile victim located in the vicinity suffering from an apparent gunshot wound to the right leg.

The prosecution called an eyewitness to testify on the events leading up to Lukes’ homicide.

They presented an image of Lukes’ taken Christmas 2019 to the witness. The witness turned and looked away. After hesitating to identify Luke’s, he later confirmed the person was Lukes.

At that point, Lukes’ mother became emotional and rushed out of the courtroom. She later returned.

The witness explained it was not easy for him to talk about the incident “because my friend died.” He had known Lukes since elementary school.

Prosecution presented an additional photograph exhibit to the witness, where he identified himself, Lukes’ and two other friends in a store before the incident.

Unable to recall why the group was in a store, the prosecution played video surveillance footage of four juveniles asking an employee for a basketball. Then the witness explained that in order to get to the basketball court, they had to walk through an alley.

The witness stated that he was unable to recall what happened in the alley.

After the prosecution presented the police interview transcript from the day of the incident, and his grand jury testimony from July 2021, the witness’ memory still wasn’t reminded about the events that took place in the alley. The witness stated he was “reading lines on paper,” rather than remembering on his own.

The prosecution admitted his interview with an officer from March 2020 into evidence. The video was previously adopted as part of his testimony in the grand jury.

In the video, the witness explained to an officer that while the friends were walking down the alley, he heard a car door open and then gunshots. “I wasn’t looking back, I heard the door close, I took off running,” the witness said.

Later in the interview, the witness explained that he was not aware of any neighborhood feuds. According to his grand jury testimony, the witness admitted that he had learned about feuds in the area.

However, when the witness was presented with the portion of his transcript of his grand jury testimony in court discussing neighborhood feuds, he exclaimed “Do you have a video of me saying that?… I never said that”.

In his grand jury testimony, the witness stated he knew of Tahlil Byrd, known as rapper “NW Goon”, who was shot and killed on the 600 block of S Street, NW on Sept. 29, 2019. During trial testimony, the witness did not recall the individual or the shooting.

The prosecution showed screenshots of a message exchange between the witness and an unnamed individual from social media from Oct. 2019.

In the exchange, the witness was asked to remove an image from his story, which depicted the mention of a neighborhood gang or “crew.”

During his testimony, the witness attempted to plead to the Fifth Amendment to protect against self-incrimination regarding his responses to the messages. Judge Brandt denied the request and to confirm he was a part of the message exchange.

The image was a screenshot from a music video of a rapper from the 9th Street area, where an individual was holding up a hoodie that said “9th Street Compound.” The witness was allegedly identified in the image.

Before cross examination, the witness was asked what significance the photo had to him. The witness claimed “it didn’t mean nothing.”

In his cross examination, Freeman’s defense attorney, Andrew Ain, asked the witness about where Lukes was living at the time of the shooting.

Because the witness did not recall, Ain used the witness’ grand jury testimony transcript to establish that, while Lukes was not living on 9th Street at the time of the shooting, he had previously resided in the area.

Turning to the rap video, Ain asked the witness if he was in the videos because it was “a fun thing to do with your friends,” to which the witness agreed.

Jackson’s defense attorney, Brian McDaniel, asked the witness if Lukes was also in rap videos from 9th Street. The witness did not recall if Lukes participated in any videos.

McDaniel then asked the witness if he had seen any individuals or distinctive vehicles during the shooting. The witness testified that he had only looked back after the shots and he saw his friend collapse.

“I started crying,” testified the witness as he explained how he and another eyewitness went back and tried to help Lukes up before the police arrived. The witness testified to having been handcuffed with his friends when police arrived.

McDaniel revisited the Oct. 2019 messages which included the witness and asked why he had posted the photo. The witness restated that he had “posted it just to post it,” and that he decides what to post on his account.

McDaniel then asked where the rapper that the witness had testified about in the grand jury had been shot. The witness explained that the rapper had died on 6th Street, NW, which he claims was not associated with the so-called 9th Street Crew.

Before ending cross examination, McDaniel asked if the witness recognized Jackson. The witness did not.

According to the witness’s grand jury testimony, Byrd died on the same street as Lukes did.

The prosecution’s next witness was an employee of the Metropolitan Police Department (MPD) who testified the validity of three CCTV street video recordings as well as the records on the database those recordings were stored as collections of metadata. The witness affirmed that all three videos had a correct date and an operational camera to the best of his knowledge.

In cross examination, Ain asked about where metadata was stored in 2020 and where it is stored now. The witness admitted that the data had been transferred along with records of who had pulled that data since 2020.

According to the witness, only the prosecution is granted access to the database, and it is their responsibility to share it with the other parties. .

Trial is set to resume Feb. 28.

Shooting Defendant Accepts Global Plea Deal

On Feb. 28, a non-fatal shooting defendant accepted a global plea agreement in front of DC Superior Court Judge Jason Park.

Travone Henderson, 20, was originally charged with carrying a pistol without a license outside a home or business, destruction of property, possession of an unregistered firearm, and unlawful discharge of a firearm for his involvement in a shooting that occurred on May 3, 2022 on the 300 block of Anacostia Road SE. No injuries were reported.

Henderson was also charged with two counts of assault with a dangerous weapon and two counts of possession of a firearm during a crime of violence for his involvement in a non-fatal shooting on the 3100 block of 14th Street, NW, on Nov. 13, 2023. Two individuals sustained gunshot injuries to their legs, and were taken to Howard University Hospital for treatment.

Henderson waived his rights to trial, and accepted a plea agreement, which required him to plead guilty to one count of assault with a dangerous weapon and one count of possession of a firearm during a crime of violence, in exchange for a dismissal of all other charges, including the 2022 case.

Parties are expected to return for sentencing on May 17.

Judge Upholds Probable Cause Following Defense Challenge

On Feb. 28, DC Superior Court Judge Marisa Demeo rejected a motion to dismiss a non-fatal shooting case on constitutional grounds during a re-opened preliminary hearing.

Tyshay Moore, 26, is charged with assault with intent to kill, possession of an unregistered firearm, and possession of a large capacity ammunition feeding device for her alleged involvement in a non-fatal shooting on May 10, on the 800 block of 7th Street, NW.

On Jan. 10, Hannah Claudio, Moore’s defense attorney, filed a motion to dismiss due to so-called Napue and Jencks violations. According to Justia Law, a Napue violation is the knowing use of false testimony by prosecutors, including testimony affecting only the credibility of witnesses but not directly touching on the innocence or guilt of a defendant. This, nonetheless, violates the due process clause of the Fourteenth Amendment guaranteeing fair treatment.

In the written motion filed with the court, Claudio claims that during a preliminary hearing, prosecutors allowed a detective to give false testimony.

On Feb. 28, the prosecution called the detective back to the stand to discuss his handwritten notes that previously had not been disclosed to the court. He testified that he had taken notes regarding the witnesses’ testimonies during his investigation.

During direct examination, he stated that one witness had described the shooter as a heavyset black woman. However, in the security camera footage of the shooting, the shooter did not match this description.

During cross-examination, the detective testified that another witness had stated that he “heard shot three, pulled pistol.” The detective stated that he had interpreted this to mean that the witness had seen the shooter pull out a pistol, and then had heard three shots fired from the pistol.

Neither party made any new argument.

Judge Marisa Demeo upheld her prior probable cause ruling, and did not make any further findings.

Parties are slated to return to court on May 17.

Document: MPD Identifies Victim Killed in Northwest Shooting

The Metropolitan Police Department (MPD) is investigating a homicide that occurred on Feb. 25, on the 700 block of Lamont Street, NW.

According to court documents, officers responded to the location for the report of a shooting, where they located 17-year-old Jabari Malloy with gunshot wounds in the rear alley of the location. He died at the scene.

MPD offers a reward to anyone that provides information which leads to the arrest and conviction of the person or persons responsible for each homicide in the District.

Homicide Defendant Waives Right for DNA Testing

On Feb. 27, a homicide defendant waived his right to independently test DNA evidence in front of DC Superior Judge Michael O’Keefe.

Jadohn Bracey, 24, is charged with first-degree murder while armed two counts of assault with intent to kill while armed, and three counts of possession of a firearm during a crime of violence for his alleged involvement in the fatal shooting of 41-year-old Angela Washington at the 3300 block of 10th Place, SE, on Sept. 21, 2021.

According to court documents, the Metropolitan Police Department (MPD) responded to a shooting, where they found a woman with gunshot wounds to the head. Officers attempted multiple life saving efforts, but were unsuccessful and she was pronounced dead at the crime scene.

During the hearing, the prosecution alerted the court they had concluded their testing of evidence, but did not elaborate which items of evidence.

Pierce Suen, Bracey’s defense attorney, alerted the court he was waiving his right to independently test the evidence recovered from the crime scene.

Judge O’Keefe reminded Bracey that if he changes his mind in the future, he may not be able to test the evidence before his trial.

Parties are slated to return May 28.

More Prosecution Testimony in 2020 Teen Homicide Trial

On Feb. 26, DC Superior Court Judge Rainey Brandt heard testimony from responding officers, a detective, a crime scene forensic scientist, and a deputy medical examiner, in connection to a 2020 homicide case.

Prosecution called a Metropolitan Police Department (MPD) homicide detective to testify and authenticate video surveillance footage collected from fixed-cameras near the scene of the shooting.

The detective explained that in the footage, at the time ShotSpotter went off, she noticed “as traffic starts to move, you’ll see the silver SUV drive” and a black SUV behind the suspect vehicle at a stoplight.

Lukes and friends are seen walking on the sidewalk. The “suspect vehicle”, a silver Kia Soul, passed the group, and the detective confirms that the vehicle made a U-Turn into the alley, where Lukes’ body was discovered.

In reviewing surveillance footage from another building, the detective “watched the group run into an alley.” Luke’s falls to the ground, one juvenile picks Lukes up and drags him out of the middle of the alley. Shortly after, an officer responds and aids Lukes. Three juveniles then run down the alley. There is no footage available of a Kia Soul driving into the alley, or individuals getting out of the vehicle and shooting at Lukes and his friends.

Following the detective’s testimony, the prosecution called another MPD officer to testify about Ring camera footage collected from a homeowner near the scene. In the footage, 11 gunshots are heard. The Kia Soul drives past the home first, then the black SUV, and finally a white Toyota that drives out from a separate alley.

From his experience, the officer says he was able to recognize New Jersey tags on the Toyota from coloring and lettering of the state tags. However, the officer was unable to decipher tag information for the Kia Soul or black SUV solely from the Ring footage.

Prosecution called a an additional MPD officer who responded to where Lukes’ friends were eventually stopped at the end of the alley to be detained for questioning.

According to the officer, when he arrived at the “heightened scene,” the three juvenile’s faces were familiar from his patrol duty in the neighborhood. While trying to figure out what was going on, the officer tried to calm the scene and spoke to one of the juveniles. who was shot in the upper right leg.

Seen in the officer’s body-worn camera footage, the officer applied a tourniquet to the individual’s leg in the case of internal bleeding and called for paramedics. The juvenile was transported to the hospital and received treatment for his injuries.

Following the officer’s testimony, the prosecution called a scientist from the Department of Forensic Science (DFS) who responded to the hospital to collect evidence following the shooting including clothes and photos from Lukes as well as another victim of the shooting.

MPD body worn camera footage from the hospital revealed the surviving victim crying “is Mal okay?” in reference to Lukes.

The scientist testified to taking photos of Lukes’ clothing and one of his shoes at the hospital. The prosecution introduced Lukes’ sweatpants, which he was wearing during the shooting, and the scientist pointed out that there were no stains or tears.

The prosecution also introduced the other victim’s clothes, showing stains and tears in the fabric of the victim’s pants from the shooting.

In his cross examination, Andrew Ain, Freeman’s defense attorney, asked the scientist about the chain of custody for DFS evidence. The scientist admitted that she was not sure as to when the clothing had been sealed and opened prior to appearing in court.

Ain also asked about the scientist’s discretion in collecting the photos and clothing as evidence for DFS. The scientist affirmed that DFS collects evidence “even if the slightest question of relevance” arises.

Prosecution’s next witness was an investigator with the Office of the Chief Medical Examiner(OCME) who specializes in forensic pathology. The medical examiner had been the one to perform the internal and external examination during Lukes’ autopsy.

The conclusion was that Lukes’ cause of death was “a gunshot wound to his chest,” ruling the death a homicide.

The medical examiner affirmed that Lukes’ gunshot wound hit vital organs and that he “could not have run far given the injury.”

In his cross examination, Brian McDaniels, Jackson’s defense attorney, pointed out that the medical examiner had not been involved in evidence collection. Furthermore, McDaniels asked the medical examiner if she knew what position Lukes was in when he was shot, demonstrating several possible positions consistent with the path of the bullet . The examiner could not be sure of the victim’s position during the shooting.

In the prosecution’s redirect, the medical examiner affirmed that the lack of gunshot residue on the Lukes’ skin indicates shot from a distance.

Trial is set to resume Feb. 27.

Judge Issues Bench Warrant for Shooting Defendant

On Feb. 27, DC Superior Court Judge Eric Glover issued a bench warrant for a shooting defendant after failing to appear in court.

Brandon Tyson, 37, is charged with unlawful discharge of a firearm for his alleged involvement in a non-fatal shooting that occurred on July 17, 2022. The incident occurred at an apartment complex located on the 2900 block of Knox Place, SE.

According to court documents, Tyson allegedly fired multiple shots at the entryway of the apartment complex. No injuries were reported.

On Feb. 5, Tyson was released during a presentment hearing and ordered to return on Feb. 27 for his preliminary hearing, for which he failed to appear.

Tyson’s defense attorney, Thomas Healy, informed Judge Glover that he was informed by the Pretrial Services Agency (PSA) that Tyson was held in another jurisdiction for unknown reasons.

The prosecution requested a bench warrant be issued without bond, which the judge granted.

Parties will return when Tyson is taken into custody by the District.

Homicide Defendant Accepts Plea Deal

On Feb. 27, a homicide defendant accepted a plea deal extended by prosecutors in DC Superior Court Judge Marisa Demeo’s courtroom.

Andre Hicks, 40, was originally charged with first-degree murder while armed for his alleged involvement in the fatal shooting of 34-year-old Daniel Adams on Nov. 25, 2023, on the 1700 block of Benning Road NE.

Hicks’ defense attorney, Steven Kiersh, told the court that Hicks would like to accept the prosecution’s plea offer, which required him to plead guilty to one count of second-degree murder while armed, in exchange for the prosecution not seeking an indictment.

The prosecution claimed if the case had gone to trial, the evidence would have proven beyond a reasonable doubt that Hicks was the perpetrator in Adams’ death.

After confirming that Hicks understood the terms of his plea, Judge Demeo ordered a pre-sentence report.

Parties are slated to return for sentencing on May 3.

Judge Denies Motion to Release Shooting Defendant

On Feb. 27, DC Superior Court Judge Jennifer Di Toro rejected a shooting defendant’s request for release.

Donte Evans, 36, is charged with assault with a dangerous weapon for his alleged involvement in a non-fatal shooting incident on April 23, 2023, on the 3500 block of Stanton Road, SE.

According to court documents, Evans allegedly shot at a Lyft driver after he refused to stop at a gas station. The victim sustained a gunshot wound.

During the hearing, Evans’ lawyer, Howard McEachern, requested Evans be released. He cited concerns about Evans’ mental and emotional health and requested that he be released for “a short duration”.

He stated that he could be released to home confinement, or restricted to a specific location.

The judge acknowledged the defendant had family-related issues and stated that she was “sorry for (his) loss” and that he was in a “tough situation”.

However, Judge Di Toro rejected the defense’s motion for release, emphasizing that Evans has “detainers” in Maryland which prevent the DC Superior Court from releasing him.

The judge stated that “even if she were to grant permission for two hours”, referring to Evans attending a “function”, he would be extradited if released.

Parties are set to reconvene on March 6.

Judge Finds Probable Cause in Non-Fatal Shooting Case

On Feb. 27, DC Superior Court Judge Marisa Demeo found probable cause a suspect committed a non-fatal shooting case.

Deangelo Wooten, 26, is charged with assault with intent to kill while armed, assault with a dangerous weapon, and possession of a firearm during a crime of violence for allegedly shooting his 16-year-old girlfriend on the 3400 Block of 13th Street, SE, on Jan. 20. The victim sustained serious injuries.

During the hearing, the lead detective from the Metropolitan Police Department (MPD) testified that the victim and an eyewitness identified Wooten as the shooter, and that Wooten had sent the victim threatening text messages prior to the shooting.

In cross examination, Wooten’s defense attorney, Todd Baldwin, pointed out that the victim of the shooting initially named someone else as the shooter. He also stated that no DNA evidence currently linked Wooten to the incident, and that the threatening messages were sent from a phone number not associated with Wooten’s.

“You can indict a ham sandwich if you want, because a ham sandwich has meat,” Baldwin said. “This case has no meat.”

The prosecution responded saying the victim initially identified someone else as the shooter out of fear of violent retaliation because Wooten is allegedly part of a criminal crew–a neighborhood gang.

“The weight of evidence is strong,” Judge Demeo said.

Judge Demeo ultimately found probable cause there was sufficient evidence Wooten committed the crime given the facts, Wooten’s criminal record, and other pending cases.

As a result, no conditions of release would ensure the safety of the community, according to Judge Demeo, and Wooten was detained. .

Parties are expected to return to court on May 8.

Document: MPD Seeks a Suspect in a Northeast Fatal Stabbing

The Metropolitan Police Department (MPD) is seeking the public’s assistance in identifying and locating a suspect involved in a fatal stabbing that occurred on Feb. 24 at the intersection of Maryland Avenue and Bladensburg Road, NE.

According to MPD documents, officers responded to the report of a stabbing at the location. When they arrived, they found a man suffering from a stab wound. The victim was transported to a local hospital, where after all life-saving efforts, he succumbed to his injuries.

The victim was identified as 53-year-old Christopher King.

The suspect was captured by nearby surveillance footage.

MPD offers a reward to anyone that provides information which leads to the arrest and conviction of the person or persons responsible for each homicide in the District.

Defense Motions to Sever Charges in Homicide Case

On Feb. 26, a motion to sever certain charges in a homicide case was discussed in the courtroom of DC Superior Court Judge Maribeth Raffinan.

James Lewis, 46, is charged with kidnapping while armed, felony murder while armed, first-degree sexual abuse, assault with a dangerous weapon, possession of a prohibited weapon, and three counts of felony contempt, for his alleged involvement in the fatal-stabbing of 30-year-old Brenea Franklin. The incident occurred on the 1100 block of Bellevue Street, SE, on Jan. 31, 2021.

In the hearing, Lewis’ attorneys, Mani Golzari and Prescott Loveland, requested that Lewis’ contempt charges be dismissed.

The prosecution opposed this, claiming that Lewis violated his stay away order by allegedly calling a witness while being held at DC Jail. The calls went unanswered by the witness in question, but the call was traced to Lewis’ unique pin number.

Golzari argued that there is no clear evidence that proves Lewis was the one who made the phone call, and even if he did, Lewis was unaware that there was a stay away order in the first place.

When the prosecution was able to prove that Lewis was present in the courtroom when the stay away order was placed, Glozari argued that Lewis had “cognitive limitations” that impacted his understanding of the stay away order.

Further, Golzari argued that the first-degree sexual assault charge and any associated charges should be severed from the homicide charges.

He explained that the sexual assault charge referred to an incident that took place months before Franklin’s homicide. The victim of this alleged assault came forward only after another witness reported it to the police in connection to the murder.

For this reason, Golzari claimed that the victim of the alleged sexual assault was not credible. He cited other instances where the victim allegedly made “false allegations” to the police in relation to claims of sexual assault. He argued that these allegations could be the result of a mental health crisis.

The prosecution opposed these claims, stating that someone experiencing a mental health crisis did not make them discreditable, and there were many reasons a sexual assault victim would give varying accounts of their assault and not want to report it to the police.

Golzari disagreed, and pointed to grand jury testimony where the victim testified that they had never been assaulted prior to Lewis’ alleged sexual assault.

After both parties concluded their arguments, Judge Raffinan informed the court she would make a ruling on the motions from chambers.

All parties are slated to return April 26.

‘Disproportionately Harsh,’ Judge Says in Sentencing Homicide Defendant

On Feb. 23, DC Superior Court Judge Neal Kravitz reluctantly sentenced a co-defendant to 30 years in prison for his involvement in a 2017 homicide.

On July 26, 2021, Malik Hewitt, 43, was convicted of conspiracy, attempted robbery while armed, and felony murder while armed, for his involvement in the murder of 37-year-old Christopher Heard during an attempted robbery on April 27, 2017, at the 2300 block of Ainger Place, SE.

Hewitt’s co-defendant, Nyekemia Everett, 38, was convicted of first-degree murder while armed, conspiracy, attempted robbery while armed, and possession of a firearm during a crime of violence, among other charges, for his involvement in the incident.

The new sentence comes after a post-conviction appeal filed by Everett’s defense attorney Michael Madden and Hewitt’s defense attorney Nikki Lotze over a prior sentencing, which occurred on Oct. 19, 2021.

At the Feb, 23 hearing, Judge Kravitz vacated Hewitt’s charge for attempted robbery while armed, but denied his request to dismiss the charge for felony murder, citing precedent that prevented him from eliminating specific charges that were returned to him for consideration.

According to Judge Kravitz, if he had the authority, he would have delivered a different verdict for Hewitt, adding that the sentencing is “disproportionately harsh” to the crime. He also argued that it seems Hewitt did not intend to kill anyone on the day of the incident, and that Hewitt was “less culpable” than Everett.

He added that he hoped Hewitt would consider appealing to the DC Court of Appeals, saying that his appeal could help provide clarity as to whether a trial judge has discretion on which felony counts should be vacated.

“I’m either right about everything, or wrong about everything,” said Judge Kravitz, asserting that though he believed there were inconsistencies between the precedents preventing him from vacating the charge, he also believed that his assessment would not be a “harmless error” if he was wrong.

Judge Kravitz sentenced Hewitt to 30 years in prison with five years of supervised release for felony murder while armed, and two years in prison with three years of supervised release for conspiracy. The sentences will be served concurrently with credit for time served.

Everett was not present at the hearing due to his relocation to a new Bureau of Prisons (BoP) facility.

Everett’s sentencing date is set for April 12.

Document: Man Apprehended for a Homicide in Northwest DC

The Metropolitan Police Department (MPD) announced an arrest was made in connection to a homicide that occurred on Feb. 12, on the 900 block of Shepherd Street, NW.

According to MPD documents, officers responded to the location for the report of sounds of gunshots, where they located a man with gunshot wound injuries. He died at the scene.

The victim was identified as 32-year-old Jeremy Dewayne Johnson.

On Feb. 24, pursuant to a DC Superior Court arrest warrant, 37-year-old Kyle Britton was arrested in Millbrae, California. He is charged with second-degree murder while armed.

He will go through the extradition process and will be returned to DC, where he will face charges.

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