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I don't know the specifics, but this is part of the new law that

allows " trained " personel to draw blood. The article in the Star

Telegram reported that DWG said that they are a Public Safety

Department and all employees are EMTs or Paramedics and they only

required 20 hours of training and experience. They seem to be the

only department that is being this aggressive.

D. Stone

> I saw on the news last night where Dalworthington Gardens PD

allowing there " cops " to draw blood on DWI suspects. Since when did

cops with no medical training be allowed to draw blood.

>

> Only qualified lab techs, nurses, and doctors are allowed under the

penal code to draw blood.

>

> At the ACLU is also looking in to this.

>

> Wayne

>

> (nothing else listed, so that want get a hair across

this butt again)

>

>

> ---------------------------------

> Yahoo! for Good

> Click here to donate to the Hurricane Katrina relief effort.

>

>

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I don't know the specifics, but this is part of the new law that

allows " trained " personel to draw blood. The article in the Star

Telegram reported that DWG said that they are a Public Safety

Department and all employees are EMTs or Paramedics and they only

required 20 hours of training and experience. They seem to be the

only department that is being this aggressive.

D. Stone

> I saw on the news last night where Dalworthington Gardens PD

allowing there " cops " to draw blood on DWI suspects. Since when did

cops with no medical training be allowed to draw blood.

>

> Only qualified lab techs, nurses, and doctors are allowed under the

penal code to draw blood.

>

> At the ACLU is also looking in to this.

>

> Wayne

>

> (nothing else listed, so that want get a hair across

this butt again)

>

>

> ---------------------------------

> Yahoo! for Good

> Click here to donate to the Hurricane Katrina relief effort.

>

>

Link to comment
Share on other sites

I don't know the specifics, but this is part of the new law that

allows " trained " personel to draw blood. The article in the Star

Telegram reported that DWG said that they are a Public Safety

Department and all employees are EMTs or Paramedics and they only

required 20 hours of training and experience. They seem to be the

only department that is being this aggressive.

D. Stone

> I saw on the news last night where Dalworthington Gardens PD

allowing there " cops " to draw blood on DWI suspects. Since when did

cops with no medical training be allowed to draw blood.

>

> Only qualified lab techs, nurses, and doctors are allowed under the

penal code to draw blood.

>

> At the ACLU is also looking in to this.

>

> Wayne

>

> (nothing else listed, so that want get a hair across

this butt again)

>

>

> ---------------------------------

> Yahoo! for Good

> Click here to donate to the Hurricane Katrina relief effort.

>

>

Link to comment
Share on other sites

I just thought that it was strange that they were allowing this to happen, since

the Bill that was pushed this past session was killed where EMS would not be

allowed to draw blood on DWI suspects, but then Channel 5 reported that DWG was

allowing the dept to draw blood, when they are " not licensed " to do so. I guess

that we will see where this goes and if the ACLU will allow this to stand.

And yes, I just had to throw the other commit in the last one just for

, he knows what I'm talking about..lol

Wayne

Donnie wrote:

I don't know the specifics, but this is part of the new law that

allows " trained " personel to draw blood. The article in the Star

Telegram reported that DWG said that they are a Public Safety

Department and all employees are EMTs or Paramedics and they only

required 20 hours of training and experience. They seem to be the

only department that is being this aggressive.

D. Stone

> I saw on the news last night where Dalworthington Gardens PD

allowing there " cops " to draw blood on DWI suspects. Since when did

cops with no medical training be allowed to draw blood.

>

> Only qualified lab techs, nurses, and doctors are allowed under the

penal code to draw blood.

>

> At the ACLU is also looking in to this.

>

> Wayne

>

> (nothing else listed, so that want get a hair across

this butt again)

>

>

> ---------------------------------

> Yahoo! for Good

> Click here to donate to the Hurricane Katrina relief effort.

>

>

Link to comment
Share on other sites

I just thought that it was strange that they were allowing this to happen, since

the Bill that was pushed this past session was killed where EMS would not be

allowed to draw blood on DWI suspects, but then Channel 5 reported that DWG was

allowing the dept to draw blood, when they are " not licensed " to do so. I guess

that we will see where this goes and if the ACLU will allow this to stand.

And yes, I just had to throw the other commit in the last one just for

, he knows what I'm talking about..lol

Wayne

Donnie wrote:

I don't know the specifics, but this is part of the new law that

allows " trained " personel to draw blood. The article in the Star

Telegram reported that DWG said that they are a Public Safety

Department and all employees are EMTs or Paramedics and they only

required 20 hours of training and experience. They seem to be the

only department that is being this aggressive.

D. Stone

> I saw on the news last night where Dalworthington Gardens PD

allowing there " cops " to draw blood on DWI suspects. Since when did

cops with no medical training be allowed to draw blood.

>

> Only qualified lab techs, nurses, and doctors are allowed under the

penal code to draw blood.

>

> At the ACLU is also looking in to this.

>

> Wayne

>

> (nothing else listed, so that want get a hair across

this butt again)

>

>

> ---------------------------------

> Yahoo! for Good

> Click here to donate to the Hurricane Katrina relief effort.

>

>

Link to comment
Share on other sites

I don't care if cops do it so long as I don't have to do it. And the

defense bar loves it. Just another way to attack the results.

GG

> I don't know the specifics, but this is part of the new law that

> allows " trained " personel to draw blood.  The article in the Star

> Telegram reported that DWG said that they are a Public Safety

> Department and all employees are EMTs or Paramedics and they only

> required 20 hours of training and experience.  They seem to be the

> only department that is being this aggressive.

>

> D. Stone

>

>

> > I saw on the news last night where Dalworthington Gardens PD

> allowing there " cops " to draw blood on DWI suspects.  Since when did

> cops with no medical training be allowed to draw blood.

> > 

> > Only qualified lab techs, nurses, and doctors are allowed under the

> penal code to draw blood.

> > 

> > At the ACLU is also looking in to this.

> > 

> > Wayne

> > 

> > (nothing else listed, so that want get a hair across

> this butt again)

> >

> >        

> > ---------------------------------

> > Yahoo! for Good

> >  Click here to donate to the Hurricane Katrina relief effort.

> >

> >

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I don't care if cops do it so long as I don't have to do it. And the

defense bar loves it. Just another way to attack the results.

GG

> I don't know the specifics, but this is part of the new law that

> allows " trained " personel to draw blood.  The article in the Star

> Telegram reported that DWG said that they are a Public Safety

> Department and all employees are EMTs or Paramedics and they only

> required 20 hours of training and experience.  They seem to be the

> only department that is being this aggressive.

>

> D. Stone

>

>

> > I saw on the news last night where Dalworthington Gardens PD

> allowing there " cops " to draw blood on DWI suspects.  Since when did

> cops with no medical training be allowed to draw blood.

> > 

> > Only qualified lab techs, nurses, and doctors are allowed under the

> penal code to draw blood.

> > 

> > At the ACLU is also looking in to this.

> > 

> > Wayne

> > 

> > (nothing else listed, so that want get a hair across

> this butt again)

> >

> >        

> > ---------------------------------

> > Yahoo! for Good

> >  Click here to donate to the Hurricane Katrina relief effort.

> >

> >

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and possibly a violation of federal or state law and regulations. If you have

received this information in error, please notify Baylor Health Care System

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Health Care System, its subsidiaries, and affiliates hereby claim all applicable

privileges related to this information.

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it contains information that is confidential and privileged. This information is

intended only for the use of the individual(s) and entity(ies) to whom it is

addressed. If you are the intended recipient, further disclosures are prohibited

without proper authorization. If you are not the intended recipient, any

disclosure, copying, printing, or use of this information is strictly prohibited

and possibly a violation of federal or state law and regulations. If you have

received this information in error, please notify Baylor Health Care System

immediately at 1- or via e-mail at privacy@.... Baylor

Health Care System, its subsidiaries, and affiliates hereby claim all applicable

privileges related to this information.

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it contains information that is confidential and privileged. This information is

intended only for the use of the individual(s) and entity(ies) to whom it is

addressed. If you are the intended recipient, further disclosures are prohibited

without proper authorization. If you are not the intended recipient, any

disclosure, copying, printing, or use of this information is strictly prohibited

and possibly a violation of federal or state law and regulations. If you have

received this information in error, please notify Baylor Health Care System

immediately at 1- or via e-mail at privacy@.... Baylor

Health Care System, its subsidiaries, and affiliates hereby claim all applicable

privileges related to this information.

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thanks wayne, i appreciate it!! and i hope you meant " their cops " as in

possessive and not " there cops " . i think they are operating under the news law @

qualified technicians.

jim davis

Wayne D wrote:

I saw on the news last night where Dalworthington Gardens PD allowing there

" cops " to draw blood on DWI suspects. Since when did cops with no medical

training be allowed to draw blood.

Only qualified lab techs, nurses, and doctors are allowed under the penal code

to draw blood.

At the ACLU is also looking in to this.

Wayne

(nothing else listed, so that want get a hair across this butt

again)

---------------------------------

Yahoo! for Good

Click here to donate to the Hurricane Katrina relief effort.

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thanks wayne, i appreciate it!! and i hope you meant " their cops " as in

possessive and not " there cops " . i think they are operating under the news law @

qualified technicians.

jim davis

Wayne D wrote:

I saw on the news last night where Dalworthington Gardens PD allowing there

" cops " to draw blood on DWI suspects. Since when did cops with no medical

training be allowed to draw blood.

Only qualified lab techs, nurses, and doctors are allowed under the penal code

to draw blood.

At the ACLU is also looking in to this.

Wayne

(nothing else listed, so that want get a hair across this butt

again)

---------------------------------

Yahoo! for Good

Click here to donate to the Hurricane Katrina relief effort.

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Share on other sites

In a message dated 9/15/2005 6:02:59 P.M. Central Daylight Time,

texaslp@... writes:

I do see problems with allowing the cops to draw blood from an evidence

standpoint, but the legal eagles on here may say it's a non-issue.

I bet Gene and Wes would and could (please don't) debate that from both

sides of the Bar (defense versus prosecution) for weeks on end. And we all know

that sooner or later this goes to appeal and eventually ends in the state or

perhaps even federal Supreme Court.

I'm with gene at least it's not an EMS issue.

Louis N. Molino, Sr., CET

FF/NREMT-B/FSI/EMSI

LNMolino@...

(Office)

(Cell Phone)

(Office Fax)

" A Texan with a Jersey Attitude "

The comments contained in this E-mail are the opinions of the author and the

author alone. I in no way ever intend to speak for any person or

organization that I am in any way whatsoever involved or associated with unless

I

specifically state that I am doing so. Further this E-mail is intended only for

its

stated recipient and may contain private and or confidential materials

retransmission is strictly prohibited unless placed in the public domain by the

original author.

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In a message dated 9/15/2005 6:02:59 P.M. Central Daylight Time,

texaslp@... writes:

I do see problems with allowing the cops to draw blood from an evidence

standpoint, but the legal eagles on here may say it's a non-issue.

I bet Gene and Wes would and could (please don't) debate that from both

sides of the Bar (defense versus prosecution) for weeks on end. And we all know

that sooner or later this goes to appeal and eventually ends in the state or

perhaps even federal Supreme Court.

I'm with gene at least it's not an EMS issue.

Louis N. Molino, Sr., CET

FF/NREMT-B/FSI/EMSI

LNMolino@...

(Office)

(Cell Phone)

(Office Fax)

" A Texan with a Jersey Attitude "

The comments contained in this E-mail are the opinions of the author and the

author alone. I in no way ever intend to speak for any person or

organization that I am in any way whatsoever involved or associated with unless

I

specifically state that I am doing so. Further this E-mail is intended only for

its

stated recipient and may contain private and or confidential materials

retransmission is strictly prohibited unless placed in the public domain by the

original author.

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How do you know they have no medical training? There is really nothing to a

phlebotomy course........

I do see problems with allowing the cops to draw blood from an evidence

standpoint, but the legal eagles on here may say it's a non-issue.

Tater

Wayne D wrote:

I saw on the news last night where Dalworthington Gardens PD allowing there

" cops " to draw blood on DWI suspects. Since when did cops with no medical

training be allowed to draw blood.

Only qualified lab techs, nurses, and doctors are allowed under the penal code

to draw blood.

At the ACLU is also looking in to this.

Wayne

(nothing else listed, so that want get a hair across this butt

again)

---------------------------------

Yahoo! for Good

Click here to donate to the Hurricane Katrina relief effort.

Link to comment
Share on other sites

DWG is a public safety department. All of their officers have at least a EMT

certification and a few are paramedics.

Joby

" E. Tate " wrote:

How do you know they have no medical training? There is really nothing to a

phlebotomy course........

I do see problems with allowing the cops to draw blood from an evidence

standpoint, but the legal eagles on here may say it's a non-issue.

Tater

Wayne D wrote:

I saw on the news last night where Dalworthington Gardens PD allowing there

" cops " to draw blood on DWI suspects. Since when did cops with no medical

training be allowed to draw blood.

Only qualified lab techs, nurses, and doctors are allowed under the penal code

to draw blood.

At the ACLU is also looking in to this.

Wayne

(nothing else listed, so that want get a hair across this butt

again)

---------------------------------

Yahoo! for Good

Click here to donate to the Hurricane Katrina relief effort.

Link to comment
Share on other sites

DWG is a public safety department. All of their officers have at least a EMT

certification and a few are paramedics.

Joby

" E. Tate " wrote:

How do you know they have no medical training? There is really nothing to a

phlebotomy course........

I do see problems with allowing the cops to draw blood from an evidence

standpoint, but the legal eagles on here may say it's a non-issue.

Tater

Wayne D wrote:

I saw on the news last night where Dalworthington Gardens PD allowing there

" cops " to draw blood on DWI suspects. Since when did cops with no medical

training be allowed to draw blood.

Only qualified lab techs, nurses, and doctors are allowed under the penal code

to draw blood.

At the ACLU is also looking in to this.

Wayne

(nothing else listed, so that want get a hair across this butt

again)

---------------------------------

Yahoo! for Good

Click here to donate to the Hurricane Katrina relief effort.

Link to comment
Share on other sites

Evidentiary problems are always a concern for the prosecution. The more

factors that go into the acquisition, handling, and preservation of the

evidence,

the more items the defense has to work on. In other words, the more things

there are to ph*ck up, the better the defense likes it.

(Apochraphal story: When I was DA I once had a case where almost a pound of

marijuana was confiscated from a guy. Since he had little or no prior

record, he was allowed to be a trustee and help around the office. In his

forays

around the office, he found the key to the evidence locker where his marijuana

was kept, and over a month's time while he was awaiting trial, he smoked all

of it up. The Sheriff thought it was funny. I did not. The Sheriff ended

up in Club Fed for trafficing in narcotics since, it seems, he had assisted

in the destruction of other items of evidence by sale.)

For example, do you remember that in the OJ case one of the detectives placed

some evidence in his pocket and took it home with him overnight rather than

booking it in as procedure required? The defense made a mountain of this.

Much was also made of the handling of blood samples.

So, the cop who draws the blood has a bunch of stuff in addition to a simple

custody chain to deal with now. He can be challenged on the technique used

to draw the blood, the environment where it was drawn, asked about

contamination, and so forth.

Defense lawyers will try to test his knowledge of anatomy and physiology,

required to demonstrate how the procedure was done before the jury, challenged

on

the amount and quality of his training, how many blood draws he has done,

how many sticks were required, whether or not an alcohol swab was used, and as

many things as the fertile imagination of a lawyer can conjure, until the

judge gets tired of it and stops him or her.

In the meantime, might there have been a doubt implanted in the jury's mind?

In the mind of ONE juror? That's all it takes.

I have mentioned this before, and I swear I have no financial interest in the

book, but if you want to be able to better understand how juries can be

influenced, read the book " Blink. " You'll change your thinking about a lot of

things including how your make your first appearance and contact with a patient

and his family.

When I practiced in Colorado many years ago, law enforcement used videos

exclusively to prove intoxication. It was straightforward and the jury could

see

and understand it. It required no interpretation. I sometimes think we

have gone mad over technology and that we are often imprisoned by it.

Which leads back to another thread, that of how clinical judgment can be

evaluated and measured.

When the cop makes the initial determination that a driver's probably drunk,

he uses clinical judgment. Doesn't this relate to some of the same judgments

that we make?

How do we prove good clinical judgment?

GG

>

>

> In a message dated 9/15/2005 6:02:59 P.M. Central Daylight Time, 

> texaslp@... writes:

>

> I do see  problems with allowing the cops to draw blood from an evidence

> standpoint, but  the legal eagles on here may say it's a non-issue.

>

>

>

> I bet Gene and Wes would and could (please don't) debate that from  both

> sides of the Bar (defense versus prosecution) for weeks on end. And we all 

> know

> that sooner or later this goes to appeal and eventually ends in the state 

> or

> perhaps even federal Supreme Court.

>

> I'm with gene at least it's not an EMS issue.

>

> Louis N.  Molino, Sr., CET

> FF/NREMT-B/FSI/EMSI

> LNMolino@...

>   (Office)

> (Cell Phone)

> (Office Fax)

>

> " A  Texan with a Jersey Attitude "

>

> The comments contained in this E-mail are  the opinions of the author and

> the

> author alone. I in no way ever intend to  speak for any person or

> organization that I am in any way whatsoever involved or  associated with

> unless I

> specifically state that I am doing so. Further this  E-mail is intended only

> for its

> stated recipient and may contain private and or  confidential materials

> retransmission is strictly prohibited unless placed in  the public domain by

> the

> original author.

>

>

>

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Share on other sites

Evidentiary problems are always a concern for the prosecution. The more

factors that go into the acquisition, handling, and preservation of the

evidence,

the more items the defense has to work on. In other words, the more things

there are to ph*ck up, the better the defense likes it.

(Apochraphal story: When I was DA I once had a case where almost a pound of

marijuana was confiscated from a guy. Since he had little or no prior

record, he was allowed to be a trustee and help around the office. In his

forays

around the office, he found the key to the evidence locker where his marijuana

was kept, and over a month's time while he was awaiting trial, he smoked all

of it up. The Sheriff thought it was funny. I did not. The Sheriff ended

up in Club Fed for trafficing in narcotics since, it seems, he had assisted

in the destruction of other items of evidence by sale.)

For example, do you remember that in the OJ case one of the detectives placed

some evidence in his pocket and took it home with him overnight rather than

booking it in as procedure required? The defense made a mountain of this.

Much was also made of the handling of blood samples.

So, the cop who draws the blood has a bunch of stuff in addition to a simple

custody chain to deal with now. He can be challenged on the technique used

to draw the blood, the environment where it was drawn, asked about

contamination, and so forth.

Defense lawyers will try to test his knowledge of anatomy and physiology,

required to demonstrate how the procedure was done before the jury, challenged

on

the amount and quality of his training, how many blood draws he has done,

how many sticks were required, whether or not an alcohol swab was used, and as

many things as the fertile imagination of a lawyer can conjure, until the

judge gets tired of it and stops him or her.

In the meantime, might there have been a doubt implanted in the jury's mind?

In the mind of ONE juror? That's all it takes.

I have mentioned this before, and I swear I have no financial interest in the

book, but if you want to be able to better understand how juries can be

influenced, read the book " Blink. " You'll change your thinking about a lot of

things including how your make your first appearance and contact with a patient

and his family.

When I practiced in Colorado many years ago, law enforcement used videos

exclusively to prove intoxication. It was straightforward and the jury could

see

and understand it. It required no interpretation. I sometimes think we

have gone mad over technology and that we are often imprisoned by it.

Which leads back to another thread, that of how clinical judgment can be

evaluated and measured.

When the cop makes the initial determination that a driver's probably drunk,

he uses clinical judgment. Doesn't this relate to some of the same judgments

that we make?

How do we prove good clinical judgment?

GG

>

>

> In a message dated 9/15/2005 6:02:59 P.M. Central Daylight Time, 

> texaslp@... writes:

>

> I do see  problems with allowing the cops to draw blood from an evidence

> standpoint, but  the legal eagles on here may say it's a non-issue.

>

>

>

> I bet Gene and Wes would and could (please don't) debate that from  both

> sides of the Bar (defense versus prosecution) for weeks on end. And we all 

> know

> that sooner or later this goes to appeal and eventually ends in the state 

> or

> perhaps even federal Supreme Court.

>

> I'm with gene at least it's not an EMS issue.

>

> Louis N.  Molino, Sr., CET

> FF/NREMT-B/FSI/EMSI

> LNMolino@...

>   (Office)

> (Cell Phone)

> (Office Fax)

>

> " A  Texan with a Jersey Attitude "

>

> The comments contained in this E-mail are  the opinions of the author and

> the

> author alone. I in no way ever intend to  speak for any person or

> organization that I am in any way whatsoever involved or  associated with

> unless I

> specifically state that I am doing so. Further this  E-mail is intended only

> for its

> stated recipient and may contain private and or  confidential materials

> retransmission is strictly prohibited unless placed in  the public domain by

> the

> original author.

>

>

>

Link to comment
Share on other sites

One of the officers showen on this report was wearing an EMT patch. As Gene and

some others have pointed out, at least this is not an EMS problem, but there is

the possibility that it could be once again. Especially if law-makers see

others in EMS or public safety doing this. As someone pointed out, if the new

law states, someone with medical training or phlebotomy training can do this,

then it could fall back on EMS at some point and time.

Wayne

" E. Tate " wrote:

How do you know they have no medical training? There is really nothing to a

phlebotomy course........

I do see problems with allowing the cops to draw blood from an evidence

standpoint, but the legal eagles on here may say it's a non-issue.

Tater

Wayne D wrote:

I saw on the news last night where Dalworthington Gardens PD allowing there

" cops " to draw blood on DWI suspects. Since when did cops with no medical

training be allowed to draw blood.

Only qualified lab techs, nurses, and doctors are allowed under the penal code

to draw blood.

At the ACLU is also looking in to this.

Wayne

(nothing else listed, so that want get a hair across this butt

again)

---------------------------------

Yahoo! for Good

Click here to donate to the Hurricane Katrina relief effort.

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Here's a question that the defense attorneys will eventually ask...

" Officer X, what did you use to clean the spot where you drew blood? An alcohol

prep pad? "

Regardless of whether it actually effects the blood alcohol content, all it

takes is to confuse one juror....

-Wes Ogilvie, MPA, JD, EMT-B

Assistant Deputy Chief List Cynic

Re: Blood Draws & Cops

One of the officers showen on this report was wearing an EMT patch. As Gene and

some others have pointed out, at least this is not an EMS problem, but there is

the possibility that it could be once again. Especially if law-makers see

others in EMS or public safety doing this. As someone pointed out, if the new

law states, someone with medical training or phlebotomy training can do this,

then it could fall back on EMS at some point and time.

Wayne

" E. Tate " wrote:

How do you know they have no medical training? There is really nothing to a

phlebotomy course........

I do see problems with allowing the cops to draw blood from an evidence

standpoint, but the legal eagles on here may say it's a non-issue.

Tater

Wayne D wrote:

I saw on the news last night where Dalworthington Gardens PD allowing there

" cops " to draw blood on DWI suspects. Since when did cops with no medical

training be allowed to draw blood.

Only qualified lab techs, nurses, and doctors are allowed under the penal code

to draw blood.

At the ACLU is also looking in to this.

Wayne

(nothing else listed, so that want get a hair across this butt

again)

---------------------------------

Yahoo! for Good

Click here to donate to the Hurricane Katrina relief effort.

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Share on other sites

One and the same.

GG

In a message dated 9/16/05 8:12:46, richard.lachance@...

writes:

> Gene, is this the same book -  " Blink : The Power of Thinking Without

> Thinking " ?

>

> Thanks,

>

> Rick LaChance

>

>

>

>

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