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A Zygote or anything there after is defenseless and innocent. Tookie is a murderer by his own actions, he made a concious choice. By more of his own actions, sending a ripple effect through all of our existence, the man has allowed/facilitated/committed unspeakable evils to be committed. At this point it is of no matter whether he lives or dies.
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To win a war you must serve no master but your ambition.
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