Defense for Aaron Hernandez Asks the New England Patriots to Turn Over Medical Records

The former football player’s lawyers say the files are relevant to his state of mind.
46:03 | 07/09/14

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Transcript for Defense for Aaron Hernandez Asks the New England Patriots to Turn Over Medical Records
And Aaron Hernandez case back in court today -- defense attorneys requesting. But the New England Patriots turnover -- medical records of former player facing. Is facing three murder charges in two separate cases I'm Michelle Franzen in New York the court hearing. Taking place on the same day Hernandez is set to move from one jail to another near Boston to be closer to his attorneys. Let's listen and. The court has issued. Do all in practice. Notice. -- -- Barack here in particular time or at least noticed places -- file. And you'd be visually appears. -- -- music notes and I think that becomes. Perhaps rope might be good it really the last half hour -- this landslide of Taylor's quote. And I less. I think. Well I don't want to three. Actress. Respectful way things -- want to make sure. News. -- you're ready to proceed. Obvious ethnicity -- -- -- -- war. Give you live fire fire here hopefully. Hughes stadium in case titans because they were. Humorous who lived through -- do. -- -- -- -- Point wherever. The question being do you want to proceed. To live assets level. Wire and brought him -- okay. Or. Should we take any regrets. Or another -- all. All others ample opportunity to read and yes. Period presentation. These -- my. -- -- These pages are prepared to proceed today on the merits of the court needs to consider the arguments that we just received about ten minutes ago and it was just follow court the if the court needs breathing won't -- we have cities in -- to -- -- problem here. That would ask for -- and that it is but an important appears here. From the patriots all Americans -- -- Iraq. Europe. Corporate cutie. Procedures specifically. Appendage to wire case. I would submit that. Pool of procedural. Requirements. You won't notice Ian wire. Have either already -- -- Or are -- -- Liar as you know involved -- request as many of these rules he it's easy was an issue hearings. Do -- request for. Sexual. And -- are records are records that are suffering privilege are currently subject to privilege. There is no argument -- -- -- never mind that and -- -- here are subject to recruit. So -- see you won't let. Rules team -- him. These kids and he needs you your honor. And in response to that. We. -- As is customary under this process. And it DD I don't know -- -- it -- procedures. Come up job we'll always materials to the affected record holder. And that record it's very important -- and this -- -- any issue comes up. The record holders to be informed. This -- here -- be here only opportunity to address the court. And I think -- -- -- today is that the recipients. Potential recipient of this summit which has not yet issues. Is content with that number one -- number two there also hold and it is this. Element of the appendix and procedure. That they will be heard on relevance. And whether or not statutory privilege applies. -- -- And I -- to the extent. Privilege comes into play here it has never got into play if there is a privilege is mr. Hernandez's privileges or his medical records which happened. And to be. In the custody of his over what. So we -- answer -- questions. We are prepared to go forward. We believe that the public -- standards have been. Full -- in the filings that we need this court. There are expressly instructed us. To determine whether or not they would be any opposition. The issue it's obvious signs. And we did that both -- -- well and we also did as a courtesy. To the ultimate recipient. Silence. What we heard -- is that there is opposition. From the ultimate recipient. That opposition of course. Could be aired -- a motion to quash as the supreme judicial court precedent. Lives. Not that front stage who may run actors -- design for the commonwealth mr. Palmer reports. -- -- -- It is there's no longer Carlo to determine. Whether or not criminal defendant -- using the rules and circumventing the discovery processes. Who rule fourteen. -- the Commonwealth's obligation. To enforce those and inform the court. As -- -- -- -- -- -- and Mitchell it will welcome the input. But there isn't there is no there is no procedure rather than any privileged records say war the only recipient. To actually. -- -- -- brought matters if the recipient wants to dress relevance. And hadn't had an opportunity to her -- relevance such as this is the wrong person you have the wrong party. Where they want to be -- statutory privilege that would mark access that he heard that. Louie -- Caldwell has no position is not objected. -- the motion and affidavit that was submitted to the court know full well this court's. -- decision. That's about enough of that -- factors have been satisfied we believe they have. -- -- Part of the -- colorful. -- -- -- -- -- -- -- -- -- -- -- -- Sure knows. Are we should -- Promotion if you -- And the affidavit. Brad Davis in this case. -- this court June this year. -- more reason. After Cleveland's final twenty minutes. The record. Actual right. You will notice of them all it can't be happy -- the confidence. It's not just simply it. I live I -- -- today very clear and I -- we're sure we saw. That. -- protocols. Follow. Or what eight. Or there's a good excuse for -- Except. This is why it is right now. Troll -- easily finds. Very. Case. Any shortcuts. We might. They're here. Issues yesterday afternoon it. -- Lives. You know he had opposition. -- just thirteen pages. Is he. They have and I have heard. Council it's. Is -- -- our response. Obviously pretty dry it is ten it is. Memorandum and it is. Paragraphs that. Being redacted. It is patriots because it contains future he. More properly addressed sidebar. The war myself. Yes. Minnesota. This aspect of it and because. Stated -- and I agree I is worth. Yeah. All should be informed it. The problem certainly Hillary today -- -- vicious fashion parts. This hearing -- himself then yeah. This motherhood. Hard copy. It is. -- -- It is okay. Two. There -- -- -- -- its first. Part of us winning -- few records -- -- regardless of whether there's a privilege or as we mentioned you know where you will -- -- selling records we. He treats her -- her interest in the -- be addressed -- the second here. In the steam -- what we're here today to address what are -- process. We are -- -- He formed and case law firms these homes these sites indicates that will be her. We are prepared also judge I don't. Want to put objection your important position of not having him talk reviewed this I had prepared also -- -- -- -- -- last season. Well I hear from you deserve what. -- -- you want to have your client. Please know -- department has articulated and -- Walker's block. I'm going to see weakness. I think very -- war without the waiver all -- of -- address. Phase two -- mark. I'm going to stick figures. Quarterly -- here from the defendant. Who will be -- -- Quietly we've noticed the all. -- you -- It's. Thank you -- -- -- The that it was charged with multiple crimes including first degree murder. You. It's June -- June 2013. On July 312013. Council that independents and they've written letter we have a written release. To the New England Patriots. He wore a copy. What the defendants' personal records as well as medical records accumulated. Behind it is. His employer during the course of his employment. That would -- a full file consistent with. The Massachusetts personnel records law and mr. Hernandez's right to access the materials that are held by his employer. That was July 31 your honor 2013. -- one year ago. We heard nothing. From the -- no response whatsoever. A telephone calls placed to the patriots on August 20 2013. Units -- to determine whether or not. They had received the release and they had received requests. We ritual that. There was no information available cannot respond. It was very difficult try to find -- -- personally oppose me. Instead that we would -- wasn't let's -- this. All right this is into the -- into motion your honor him. -- who who immediately. Apparently right now. Whose. Whose -- thing here is that an individual names. Here that yes. Leader Nancy Drew careers this was -- matter have to be -- the legal counsel. He was asked as is detailed in the letter that is attached two harmless if you -- legal counsel is he said he didn't know. Another -- yes it was placed to -- 200 patriots. And my co counsel. -- local councils paralegal asked. Because the -- Legal counsel pages. Was -- legal counsel was not available. And that policy prevented -- -- -- -- legal counsels need. That's a person -- -- certainly he had found in the name of a person identified as counsel for the patriots -- courtroom. Call that person at the patriots let and we still message on March 20 asking for action. On July 31. Written request that's all that's necessary was the release on Iraq by mr. Bennett signed an attorney is asking for his -- There was absolutely no response -- lives. There most certainly did your honor -- -- -- -- taxes in Jesus wanted students are motion. Of the issues Peterson do this for a fact that policy. That included. -- let me. That's -- summarize your honor the letter read just live here yes -- it's my understanding wasn't part into the -- wrong. It was an urgent need -- manager for -- council's law. Conversation. We subsequently on September 12. -- comprehensive letter detailing these efforts to obtain this information to the patriots asking them again to please respond. Do you see nothing Iraq not a whom call -- you know response. And is now we are now confront. With the situation. He in the pretrial posture. Where Hernandez has -- hey informal and proper request for access this information he has and ignore. So unfortunately. We must go to the pretrial subpoena process under. Under the rule. Iraq. Want easy. Former -- easy for a war -- absolutely that was something we never expected in ears. The patriots who have refused to even acknowledge that requested -- -- -- -- -- -- -- All -- -- the the patriots. I hate her for her to lie he. U -- this. -- so we'll see. What your prayers your. The case is an. Or we're kinda cute. And we must rely on issues representation on this -- -- -- -- now do what -- and tenacity to categories of documents that they withhold what it is. -- That's that's correct. That's not consistent with our quest for the personnel file this -- -- employees because they are holding back. Two categories. One is right as -- call war. It's -- psychological assessment. And we -- -- background information about this psychological sense and we believe that these psychological assessment is. The relevant and eminently useful and eminently attainable by a criminal defendant -- -- homicide case. As a criminal defendant goes forward and faces these charges and lucid possible -- So this psychological assessment is no question that is a psychological assessment. There's no question that it has value. He's the head coach of the New England Patriots is a spokesman for the company net articulated. That -- presented this remember role models that. Your client state bonds and Asian. This case absolutely right that Israeli crimes didn't mind his crippled and is the basis for our west. Stop fishing expeditions is not -- are. We're looking for solid evidence our client that we are entitled to receive -- the nature of the charges have been brought against him. So we are looking for that report mr. they've done and the pages is you cannot happen war. He offered to we have been talking try to resolve this absolutely. We've made proposals -- proposals but this proposal was we can't have. Because it was obvious and look at it probably could not act. We'll vote for. -- history these. -- Have actually been very careful in its way home not been able to get this information all laws that. For CEO -- -- that actually. Today Bruno. They keep your paperwork blah -- this is. Particular. -- The patriots and opposition -- -- and say what -- hear this from the better it's. Usually. I. Case and -- this is not meant that all. Need to definition of personal record I'm -- went -- an answer to did you see Massachusetts general. And I would say that this assessment of this employee. As an evaluation of the employee. Is it personal record that is readily attainable by this -- this individual. Why -- won't think about trying to think they'll probably -- Did you try to point the way he headed for trial. -- -- -- First heard it has absolutely strange pattern and hop movement out of state service process helps us -- And it came the record there that's posted on Foxborough Massachusetts. And had -- his personnel. And given to us that that's not an answer. It is not readily attainable within with the exercise -- due diligence I'd say Iran quite the contrary. Due diligence is going to the year's least expensive -- -- appropriate source of that document. The fact is generated by some vendor who has an office in you know out of state location and zero to -- its industry and its personnel. -- -- -- -- -- And here you she said and Andrea -- -- in state line in -- it is. The second category Iran. The second category is scouting reports yet and be specifically actress job. We specifically asked for these assessments. And we believe -- -- description of page six. Patriots opposition. To our motion for -- usually -- -- Disk drives. Their contents of this networks. We were to rise talk about compromise. Are -- -- proposal was please give us a copy of that psychological assessment from TAT. And in exchange days reports available drops we will not pursued this job reports. It turns out of the -- reports don't have any relevant information that we suspect they do -- -- an ad detail. This. You -- Last night. They say. Just trying to make me hey this man who. Staple here -- I understand -- Got her record all the home. -- are also being read words. Job right. Over. All these in -- My personality Karen roots -- the ability. He's. Professional -- her. And we'll tell you are. Yes sir and I -- Taylor -- reasons why we want. Again we may fall into the time. Behavioral psychological records fit the relatives in the stated -- crime number two. There had. Detail in the memo who work there and referenced in the media reference -- court. And reference to extensively disturbing materials. Allege prior incidents involving mr. Hernandez practice time. Williams patriots. We -- Those incidents to be unfounded and we really expect this to perform these types. Background investigations and these words and these. Investigations of various activities detectors visit your honor his red. Would have address those matters and we have found. Editorials how this individual become an employee pages so we believe there's also still -- information there in the -- -- those. Those episodes. Come up at trial war prior bad acts under the -- were there. So leaders in other words if they are borrow -- probably address that as well past the behavioral cognitive. And -- psychosocial issues. There would be assessed at your current assessment of that nature your honor. Would be critically important. Two. An assessment. Kind. That all council who -- a partner -- is -- case. They unionize -- -- -- it is I'm good record. The group we've created I would like to address. -- Just one other aspect of this case and and -- Because. Public disclosures injury -- attorney work product and preparation for trauma be happy to discuss -- -- -- -- -- -- -- -- -- Your honor. On the issue -- these -- -- team. Possibly. Evidence prior I just think that it's. You've -- -- But that you know that argument -- the -- not to. Aren't that important production that -- particular where. Mr. Hernandez's alleged who shot Alexander -- -- Participating should -- Bradley. Just some number of months. Prior to the homicide mr. That was little after he was. After draft after -- that's really not. What's mr. news. -- two two individuals in the city of Boston. After the scalping after the draft and while it -- That. Here's allegations. It it is. -- possess guns over an extended period of time to not to. Information it was. The home so that -- He is he crafted but that it was not you know art part reality. Leon. Mr. -- -- is coming into contact with. -- -- -- After. After draft and so desperately. The which suggests that he's scouting report. Easy continued its steady defendant's prior criminality is clearly. Not to something this portable on on the -- are because there would be no way of knowing that things that mr. Hernandez was concealed. Ask us prior to be drafted and obviously dead those things he concealed the fact -- So that is not the case. -- Longer. The description. Off her client. -- these reporters to contain. -- -- -- At the time he was drafted. Which -- -- number of years. Before -- dependency catch him. He's -- to he. Whether or not he had clearly Steve whether -- not please please please mental Steve NH this wouldn't be -- -- credit. Right yes this suggests that he's -- only that this is a crime. Which commonwealth apart from -- -- he's not see these things that. So. -- that he is the issue ads. June 2013. -- Well beyond the usual relevance. I think it is question. What he's character. And personality traits were so not just minutes. These characters personality -- work some number of years before I think if it were asked to. Yet and I'm not suggesting. It is self evident war solves the big question answers itself here. But those two things don't -- -- So usual routes. He and when you're -- -- against. These records sought. In whose record is. And what steps have been taken to obtain that record from the actual. Person has identified in the patriots yet east's. Where there aren't their only true. Think that is all part. You're okay just respond -- Commonwealth's. -- Voters next -- restoration suggests that he. Reviewed discovered that his office has provided to us and also reviewed some -- -- my colleagues in this courtroom a year ago. They'll review hearing held photograph from 2008. This photograph taken in the dormitory. -- is happening at University of Florida. Alleging that it intentionally. Representative and her. Completely. But nevertheless this photograph which is now -- By the district attorney's office spy satellites and pinpoint -- to disrupt her residence hall and discovery. Very much -- her before mr. Hernandez. Was. 78 or. -- it's. Senate. Is -- we've -- discovery and -- in the law enforcement authorities in Florida. This is occasional large. Involving an alleged shooting in Gainesville -- that one time. Was supposed to have implicated mr. did not. -- -- Isn't it true role. This case we don't know it was relevant not be included in the discovery and we don't know whether going to put together as relevant and -- photograph. -- excuse -- photograph. For me -- channel was enough assistant district attorneys in the courtroom. In hearing references to it is relevant your honor I really can't lead harks. These types of any of these types of materials. It's it's it's incredible his priorities. These these these lines when you know for a fact necessary proceed he's Susan you know tall included -- at -- into the are. -- -- and if we don't know what they're going to within evidence that he is. Propensity for violence -- his familiarity and regular access to guns. If you act. That dogged. His joining him hey -- that we do -- well this is drawn to include armies. Included for a reason for a reason is precisely what your -- votes. Those assessments of characters tree. And more. Essentially. -- did. An argument against. Want to say most of these weapons listed as -- that specifically. He. He did not see gains. Prior to that but it is what I did say -- are is that much of this stuff. The fact that he needs to. The suggestion music doesn't appear to scouting report indeed happen here are some problems but that is not. He reasonable are we not only have -- produces photographic film. We're following news -- Where was he can we can actually -- He has -- because. Had been analyzed -- so the idea addicted. It is dead me in -- they didn't make it that's not what is it second. This. -- -- DNA it did. Hello mr. field is I think all of us yeah. Finally the number of occasions. Two. This. In the course of the investigation. And Cheerios cereal is -- -- business revealing himself. -- has been. I can't fire him. Or worse yet. So to suggest -- didn't feel. Polls just hours that. -- I'll hear from you -- and we'll. -- -- Here is the exception of the SEC supreme judicial court he ministers fish says is required woman who -- And I haven't heard much about that they had heard much -- better. I didn't want to do you go up there to answer the question before the courtroom where -- really help us. With regard to -- -- incorporated -- on loan from the start of the medical records and personal we -- offered to. -- to produce the 300. All you're waiting in the car he must happen along current -- and -- not -- -- I believe mr. views we're told me to get into the -- Documents here it. Let's face -- personal. Records. Donna -- hold these are numbers. From 20092. And indeed 2010 -- Let's start with these. -- report 2000. Let me just first relevance with regard to men's residency -- Demonstrators. Is at issue is whether -- and I didn't U 2013. Mr. -- into the actual -- laws -- That resulted in the death is to move that's the that is right and -- the state of mind that Israel under rule fourteen. Put these greater state of mind. Ability to understand. So he -- records -- It's just in the fact there's -- first degree. Murder indictment. Hingis is. Always also a place where this -- equipped ultimately it would work what we're not. Second degree murder -- more reassurance oral cancer facts. Lesser species -- Give me and what's his. Capacity in -- he answers yes without regard to more general and whether you simply searching. As a matter of fishing expedition -- -- start reforms he does not -- -- to be used. When I. As an illustration greeted us because -- it goes to teacher who's an individual. Charged with sexual molestation and child -- -- -- He served he has signs noses. Paris. Yes Kennedy with regard the school he asked for several years hurtful at. Actual and a middle school and he. SJC reversed the trial court decision should not and she -- -- and removed from what is wrong with regard to our. -- offers this. Could be supreme judicial court involved -- The sons to survive and me. Or as this -- important. The -- -- -- rehearse -- to the trial work with instructions because I believe it was my. Pronger was signed -- -- -- times we'll. -- -- And you have been watching a hearing in Bristol county Massachusetts for Aaron Hernandez as the former New England Patriots player. Making an appearance his attorney's laying out their arguments to subpoena the patriots were Hernandez's personal and medical records. The patriots attorney addressing the judge that time you can watch this continue to stream on -- news.com. A judge not yet issuing a ruling Hernandez of course is charged with a double murder of Daniel day of -- and -- -- potato. After -- run in at a nightclub in 2012 he is also charged with the murder. Of -- -- semi professional football player found near his home in when he thirteen Hernandez has pleaded not guilty to all charges. Watching this hearing for us attorney Karen DeSoto she joins us now on the phone thanks for joining us Karen. We have many questions and issues to get -- let's talk about the latest development the request. For those medical records Hernandez's attorneys say they are relevant to his state of mind as they prepare for -- murder trial. Well you know didn't do it is so interesting because this is what we do this nobody attorneys do in court everyday -- I. I try to tell people what it's like like having an exam everyday of your life that you could -- by the banter back in -- fourth. -- that this may seem like a little issue but it's a big issue because why the government is really trying to get jailed -- -- psychological assessment. And I think the interesting part -- lots of people get subpoenas for discovering information. So you have to be thinking to yourself why would the patriots not want to -- -- Well I can tell you that the patriots. He had bought the -- and privacy issues then and there. Why -- six different -- that you can handle that type of discovery issue. But what's more interesting is why is the patriot fighting so hard not to turn over their records and make you wonder. Psychological assessment and are they worried about liability on any level believed that -- Very interesting point and also a unique sort of hearing where we have. A player obviously accused of these crimes and readily available are psychological. Assessments that there is no dispute about that these were including. Some of the com -- reports and specific reports from scouting agents that take a look at this an offer sort of psychological evaluation. Yeah it is interesting because you get the but obviously give you a -- and if the information. It's really sensitive material what we did today attorneys -- the information all goes to the judge and then. He -- read through it make an assessment whether or not anyone can get the discovery. -- judges of course don't like that because they don't talk they don't wanna be reading transcripts the medical records. -- they would rather the party is go through and do their discovery issues that may come back and -- there's an issue. You know you judge has time to go through that type of record. Doesn't necessarily mean that it could be used at trial but it may be it fishing expedition on -- -- the government and may lead to more relevant evidence in this case. There may be more bodies out there. All right well this case is sort of -- a hearing is taking place and as it continues let's talk a little bit about. The cases and what that defense could be building for their clients could that also include what's known as diminished capacity plea. Of course I'm within -- -- -- a defense attorney you have to -- yet everything that's available and unfortunately it looks like things are piling up for Aaron Hernandez. There are diminished capacity while it's a typical Hispanic at least it's something to hang your hat on I mean you really have to explain away the behavior. Especially if it goes out and you wind up with aggravating -- -- factors that the climate that it thanks so yeah there are elements are definitely you wanna. Kinda -- them throughout if you need them if you're a defense attorney depending on your strategy at. And in its simplest form legally one is diminished capacity. Well that is -- you know Elaine is term USA. A 100% a great model. Break -- -- another thing that could be revealed through the discovery and the psychological assessment. It also could be prior drug -- -- -- it is definitely one of its basically you've been diminished capacity I have actually had clients. That were or became mentally challenged. Do you huge drug used. Not something that you have to prove true the 100% witness let I because -- -- -- Could be steroids. Could be some issue is. You know there's a whole assortment -- -- bit diminished capacity that. They're not psychologically -- hundred -- Very good Karen Alley is stick with me -- -- gonna go back to the courtroom now where the judge is talking and could possibly issue a decision. You do. These efforts. Be unsuccessful efforts to secure. Information. From his former employer. We wish to the view this court should court the resolved. Many months ago and it's. -- we thought that it have. It was all but nevertheless I understand that. Those cars vision today the world to the extent it didn't work plays for the defendant in this situation. Not knowing for -- What the records contain. All of them had his efforts I think there are good good faith effort to describe. This quarter and the score is. Satisfy. That the defendant has with the -- sufficient specificity -- -- -- -- -- -- -- -- -- Access to information. Patriots. The issue at all -- reasonable specificity. The -- What the darkness and articulated his both. For a -- seventeen days. Silence. Usually -- at this point I doubt I'll ever shortening the core of this important issue. We know it's. We're hearing going to exceed the cooperation council right now should -- -- -- here. That this little B compliant com offers wire. -- -- -- Issue to -- District attorney's office who was so thick it's being -- are all interested parties. Including. -- people. The affidavit. In -- To the New England Patriots did any voter interest -- part. Call. Terms is appropriate. Receiver slipped notes. Death here. This -- hear from counsel. Few people here all arms and -- be -- well over half a subpoena. News entry issue. And the clock wars. Subpoena. Moore also entertained. -- Who OK determination as well -- not. These matters privilege or -- -- ultimately. Davenport will. -- -- the please possibility. Usually protected waters two. Protect me Chris Paul. The patriots in any other groups are. Now hold on. Partners -- will be on duty. And again you've been listening in to the judge in Bristol county Massachusetts judge Raymond -- -- Issuing that he will advances to another hearing let's bring back and Karen DeSoto here Karen break this all down for us. Oh great another hearing well it kind of -- what I get the I think you about a lot of the times that judges but they listen. You -- worked -- bell and if you have problems later after you go through the document. And you you do the review it and come back to -- -- some real problems however. Now we like this judge want more information. And want. More emotion than want them or. Explanation on and on relevant but it sounds like he's setting it down for another hearing kind of like -- -- if you don't work that out. He said in his state -- you should work this out months ago. We're gonna set another hearing it could not determined by then and I'll make my decision -- And again this hearing deciding whether or not there was enough relevance for them to request those documents the judge -- -- that. That is the case and again as -- said giving both sides notice for another hearing and to work out of date. Give us an IPO you know as this moves forward what we could see beyond the medical records of where this case and these cases are going for -- -- -- -- on separate. It is suggesting any sort of criminal cases are much there different sense -- -- A lot of the time you don't have access to a lot of information and the you don't get to give depositions -- you really how to put a lot of work into it. You gotta go I hear your witnesses you gotta go. And really -- again and these documents are important the government. I'm because it really isn't fishing expedition you really do need to go further because it's not like a civil case -- -- on for years. And you go you can subpoenaed documents you can interview people. This -- a lot more faster pace and a lot more in a criminal trial is guarded by people people don't want to get involved. I'm sitting at your typical cases and I think that these type of hearings leading up to the trial are going to be frequent. Karen DeSoto thank you so much and it -- you can keep up with the Aaron Hernandez story -- -- in real time. By downloading the ABC news -- star and this story for those exclusive updates on -- -- For now I'm Michelle Franzen a New York.

This transcript has been automatically generated and may not be 100% accurate.

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