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Judge Samour delivered to Holmes the Curtis Advisement alerting Holmes of his right to testify or refrain from testifying. “Mr. Holmes, I need to speak to you directly at this time,” Samour said. “If you want to testify, no one can prevent you from doing so,” Samour said. Holmes responded to all of of the judge’s questions with single word answers until the judge asked his decision, at which point Holmes said, “I choose not to testify.”

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