Reddington Paints Target On One Jurors Back | 9.04.26 - The Howie Carr Show Hour 2

0:00Better strap yourself in. It's time for the Howie Car Show. Howie Car, lost in hero columnist and radio hit night. It comes from the tabloid talk show stuff in Boston and it was concocted there. Well what about Donald Carr, his orange Jesus? Donald Carr? Live from the Bernat-Less Lethal Pistol Studio. It is a special pleasure for me to introduce Howie Car. Welcome to The Howie Car Show as you probably know by now. Miss Trial has been declared in the Lindsey Clancy murder trial in Plymouth Superior Court and no decision yet according to Tim Cruz, the DA,

1:01whether they're going to retry or how they're going to retry it. And Kevin Reddington, we assume we'll be speaking shortly as well, the defense attorney. He tried a real novel maneuver today to try to throw the holdout juror off the jury, went to the SJC, the single justice heard the case. That's the way it works in emergency of petition. And she declined to grant the stay and it was denied. And so now we wanted to talk to a lawyer who's got experience on both sides of these cases. He's a defense lawyer now but he was a prosecutor in Worcester County. Fernando Figueroa, he now works for Eden Rafferty. In Worcester. Fernando, I'll just start off get your reactions, especially on what happened today with Kevin Reddington's attempt to throw a juror who was not going his way off the jury.

2:08Have you ever occurred of such a thing? I haven't personally seen something like this happen but I mean, attorney Reddington needs to represent Lindsey to the best of his ability. He needs that, vacate. So I think it's a rare move for something like this to happen. But you know, he made a good effort in trying to avoid the mist trial here but wasn't successful. So what do you think happens now? So that's what the Tim Crutz, right? The DA needs to make a decision, get with his team, investigators and make a decision whether to try Lindsey again, which I think that they will. And then the second question would be what indictments do they proceed with, right? They have the option to proceed with first degree murder again and redo this whole thing and have another trial with 80 plus witnesses in several weeks. Or the DA can bring second degree murder charges or manslaughter.

3:09So that's going to be up to him. So that's going to be interesting over the next, you know, this afternoon and next week to see what his decision will be. You know, when Karen Reed, they declared a mist trial, even though the jury had couldn't come to a verdict on some of the lesser charges, but they unanimously said in the first trial she was not guilty of first degree murder. And then they came back and they retried her again. I mean, I hope that's not the precedent that they're going to go, do you think that there's any way they could settle this case? I mean, with a plea bargain? Possibly, you know, that would also be up to Tim Crutz. He kind of, as attorney Reddington has been saying, he sort of leads this whole thing, right? It doesn't seem like Lindsey's willing to plead the first degree murder. That's why they had a trial. But if Tim Crutz comes to them with a lesser charge and a plea deal that they can't refuse, then I think that's something that they would take into consideration at this point to avoid

4:11a lengthy trial. But I also think that for attorney, attorney Reddington's ready to go again. What did you think of the fact that, you know, I know you're choosing your words carefully here for Nando, a figure out from Eden Rafferty. But what did you think of him accusing an open court, accusing a juror of lying under oath? It just because he's angry, it seems to me he did that just because he was angry because this guy was preventing him from getting a career-capping victory here. Yeah, I mean, you know, he's got to put up every single fight that he can for her, right? Lindsey's get it is has three first degree murder indictment she's facing. Life sentences. She's admitted it. I mean, there's no, it's not like we're not dealing with the facts. I mean, what about the holdout juror? What about his rights?

5:12I mean, I think this discourages future people from becoming jurors. People are already going there for jury selection. They're doing anything they can pretend to be hard to hearing, take one of my books in there to be reading, you know, whatever. They're already trying to get out of jury duty. This is only going to make it worse, isn't it? You know, that's a good point. I think that I think the judge did the right thing here in not taking that juror off of that jury, right? He, this juror spent that same amount of time listening to the evidence. I think over 80 witnesses or so. That's his, you know, his verdict is his verdict. We don't get into why is that your verdict? Why, you know, what are you considering to reach that verdict? Listen, his verdict is what it is, and that's not a basis for kicking somebody off. So I think, you know, he's stuck to what his guts tell him, what the evidence, what his interpretation of the evidence was, and he's stuck to his decision.

6:15And that's just simply not a reason to kick somebody off, because you don't agree, or there's one hold up that could cause a disruption in the case. It's just, that's just not a basis. So let's, let's tell people where you work, Fernando Figueroa. Where, where, you used to work for the, for the district attorney in Worcester County, but now you're in private practice. I am. I work over at Eden Raffery and Worcester Mast. You can find us at EdenRaffery.com. You can give us a call at 508-795-1601. All right, 844-542-42. What did you make of the, the, the, the, the, the judges response to? Well, for Reddington, the way he treated the judge, I mean, I've covered a lot of trials, and I, I'm, I'm really hard pressed to think of any, any cases where, where a, an attorney, a defense attorney has, has been as a, a, a, a, brosk and, and as disrespectful as, as, as, as Kevin Reddington

7:20was. I mean, there've been a few cases, but that, that's been with lawyers that were later sanctioned. But if you, have you seen a major lawyer acting like that? I mean, there was, there was not a, the usual respect, you know, with all due respect, your honor and, you know, the, we asked the court to do this. I mean, he was, he was very, very blunt. Why's any, Kevin Reddington with the judge? He is, he's very blunt. He gets to the point. He doesn't sugarcoat things. That's his style, right? Everyone has different styles in the courtroom. Um, in his is to get to the point, right? And be very blunt, just like he said. Don't you, don't you think a lot of judges would have responded much more negatively than Judge Sullivan did? I mean, Judge Sullivan seemed to be a, a, very, a, a very even tempered guy for, for someone who's, who's taking those kinds of assaults from a, from a defense lawyer. Yeah, he has, but he's taken a very well, um, you know, the judge has. And,

8:25I mean, this has been a long hard fought case for everybody, right? And it's been a long case for the judge too. I think he's done a great job at, um, you know, not taking any kind of comments or arguments personally, you know, him and his attorney Reddington have been going at it the, the entire trial. So, um, you know, they were just doing it the whole time. But I think the judge was very, professional in the sense that he didn't, um, you know, react in a, in a negative way to attorney Reddington's style and his aggressiveness in the courtroom. What about the, you know, people are saying, why, why were there nine women and three, three men on the jury? Shouldn't it have been a, a, a totally mixed, well, why don't you explain to people how the jury is selected and why it's not always a perfect demographically one way or another? Yeah, so, you know, the, for a jury trial, there's a bunch of jurors, a prospective pool, if you will, and, um, they're brought up typically, you know, they're, they're usually before being brought up, they're all asked a series of questions,

9:29just general questions, whether they can, um, follow the, follow the law if they understand the presumption of innocence. And then in a case like this, you're going to be able to ask these jurors individual questions regarding different biases or prejudices they have, maybe something personal in their life that could affect their ability to listen to the evidence and apply the law fairly. Um, they're selected, right? The, each side is going to give, uh, is going to have a certain number of preemptory challenges where they can challenge those jurors for really whatever reason that they want, and then there's going to be some challenges for cause, uh, where those jurors that can't be fair, can't be impartial, maybe have some sort of medical thing going on where they're not going to be able to sit for a prolonged jury. Um, but you, you know, you can use those preemptory challenges strategically, but at the end of the day, you can't, um, strike a juror based solely off of, um, you know, race, gender, ethnicity, those things. So, you know, these drugs are pink dress, you know,

10:33any, any of these cases you can't, can't do that. Could Lindsay, uh, could Lindsay Clancy ask for a bench trial the next time around? So that depends on, uh, on the DA as well. Um, first degree murder, indictments, um, you got to go to a jury trial. Um, but I think attorney Reddington, if the DA is willing to forego the first degree murder charge and, um, potentially go forward on some other indictments, I think attorney Reddington might, uh, might benefit Lindsay to, to go for a bench trial given the technical nature and the medical, um, evidence that comes in. But, uh, but on a first degree murder charge, you got to have a jury trial. Is that correct? Yes. You got, you got to have a jury trial on those. Then that might, that really might be a compromise, you know, for, I mean, both sides, I think, might benefit from, from that, that, the situation. What do you, so what's your, uh, Fernando figure, Roa, what is your, uh, your, your prediction on what's

11:36going to happen next? My prediction would be that Tim Cruz, Steve Strong on these first degree murder indictments. He, uh, and he seeks a retrial. He certainly, he certainly came out of the courthouse today. Again, he mentioned repeatedly the names of the, uh, of the, the three, three murdered, uh, children and babies, he called them and, uh, and, and just said that, uh, they're the reason we're here. It's not because of, uh, it, we're, we're here because they're not here. It was, it was a very, it was a rather strong statement. He didn't seem to be indicating that he was going to, uh, going to back down. Yeah, you know, he's going to have to go speak with his team, get together with the prosecutors, the investigators, the entire prosecution team on this and, um, see where his weeks, his strengths are and see if it's worth going forward on a first, first degree murder indictments or make the, you know, make the decision to go forward with the lesser charges. Do you think that's going to be completely up, completely up to the DA?

12:36Do you think, uh, Reddington is going to be criticized for, uh, for trying this unprecedented, apparently unprecedented, that a move of trying to throw a juror off, uh, off, off of a trial, but during the liberations because it's not going his way or, or, or most, most people, it were most lawyers anyway, going to take, uh, take the attitude that, well, you got to do a best you can, even as crazy as it is. You know, at the end of the day, you got to do the best you can. I mean, is he going to be criticized? Yeah, sure. I'm sure he, I'm sure he will, right? He's, there is this perspective of he wanted this juror off of the jury because he just wasn't agreeing with the other 11 jurors. Um, and that's simply not a reason, right? Um, but you can't see it from the other side where you got to try everything you can on a criminal defense attorney. You got to advocate for your clients and, and try everything you can for their benefit. You're planning to use this defense that's going against me. So I want that juror gone. You planted to use that one.

13:39Anytime soon. If I'm guilty, I want you using that on, if you're my lawyer and I'm guilty, I want you using that defense. But as it is, I'm kind of appalled as watching what happened this morning. Yeah, it's tough. You know, we don't, we're not, we don't want to get into the reasoning, but like I said, the reading behind jurors, right? Their verdicts are their verdicts just because they don't agree or just because some of the other jurors have an issue with a jurors verdict that is just simply not a basis to kick a juror off, right? This, this juror took a oath. He was vetted through the, through the trial process, right? Through those, um, board deer questions. He represented to the judge and the judge found that this individual was going to be fair and partial. Listen to the evidence, apply the laws instructed. Um, there's no evidence that this person didn't do that, right? This is that person's verdict. This is this sometimes happens in jury trials where you have one hold out and you have a mistrial, right? And then you either got to decide to go forward again or make a compromise. Fernando, Figueroa, thank you for being with us and sharing your, uh, your, your,

14:44your expertise and your experience on this case. Again, where can people reach you if they need your services? Yeah, you can find me at Eden Rafferty and Worcester. Uh, EdenRafferty.com or you can give us a call at 508 795 1601. Thank you, Fernando. I appreciate it. Fernando Figueroa from Eden Rafferty, the law firm in Worcester. Come once and you'll understand why my listeners return to Nosset Beach Inn year after year. The Nosset Beach Inn was voted the second best view in New England. Many of us think of Cape Cod as the place to be during the summer, but it's super special during the off season as well. I visited Nosset Beach Inn in Orleans this summer and spoke to several listeners. Jim says he has been coming for the last seven years. We come here in season and an off season. He told me it's actually better in the off season. Another listener, Robert lives in Brewster nearby. It's on Cape Cod, but he still comes to the Nosset Beach Inn because he doesn't have the spectacular ocean view from his family's townhouse. And his wife Deb told me she loves being

15:48right on the national seashore, yet still close to all the shops and great Cape restaurants. Like so many Nosset Beach Inn regulars, Robert and Deb have also brought their family and the kids love running around on the large front lawn before they spend the day at the beach. Book your Nosset Beach Inn get away today. As a repeat customer, you get to book on your way out for next year first. The Nosset Beach Inn is the only lodging available inside the Cape Cod National Seashore. Nosset Beach Inn is pet friendly too. Each room is spacious with two queen-sized beds, fireplace, and of course that incredible ocean view. Paul gave Nosset Beach Inn a 4.8 Google review stating it is a piece of heaven. Visit nossetbeachin.com a short drive to a vacation far away. I'm Howie Carr. Howie Carr will return. Howie Carr is back.

17:02We had about two and a half minutes. We're going to start off the tape of the Kevin Reddington and the court house after the mistrial was declared. Let's just start it and we'll go to the break and then we'll come back and play more. Go ahead. Well obviously this is not a time for gloating, bragging, expressing victory. It's a very sad case. Cruise knows that he was caught. What happened? They were got it? Cruise is talking about the district attorney. We seem to be having a problem here. Eight months. He doesn't have to stand here and say that he's advocating on behalf of the victims and then look down to see what their names are.

18:07I'm representing a woman who is a fantastic, wonderful individual. Oh boy. This woman is so brave, so awesome. Every day she came in this court house stood tall. Open intended. The poor thing is in a wheelchair as we all know for the rest of her life. He's wearing a pink tie, of course, as you probably already know. Seven weeks of a trial. We had nobody had anything bad to say about her except for the two prosecutors and apparently Tim Cruz. She had people that would meet her, nurses that would know her, that would visit with her, the Chaplain who never knew her from Brigham and Women's who went for three years and continues to visit with her because of the type of person she is. And it's not right what she had to go through because she grieves the loss of those three children,

19:13Korra, Dawson and Callan because I know their names. I don't have to look down how many times did you mention them in the trial? Wow. We're in a parallel universe here. I don't know what else to say. We'll play some more of this when we come back. We have President Trump's reaction. He was pretty moderate. He was a lot more moderate than Kevin Reddington just was. I'm how we car. Live from the Bernat Les Lethal Pistol Studio, it's Howie Car. Today's poll question is sponsored by Magdham Moving and Storage. Moving to and from Cape Cod or the South Shore, make your next move the easy one with Magdham Moving and Storage. I'm wearing this shirt right here and seeing on social media that's their emblem. Magdham Moving is your

20:19Cape Cod and South Shore destination expert. Contact them today at magdhammoving.com or call 508-255-7278-508-255-7278. Your move starts with Magdham. Jared, what's the poll question? What are the results thus far? Today's poll question which you can vote in at HowieCarshow.com is after Maria Barda Ramos firing how much trust do you have in Fox News's MAGA credentials? 100% trust? Some trust? Very little trust or no trust whatsoever. Very little trust? That is at 35% in second place. 41% say no trust. Whatsoever? 21% have some trust? 3% have 100% trust. All right. Okay, so we're going to go back to the to the to the to the Reddington press conference. I can't he said, you know, he just one of the things he said he said Lindsey is like a daughter. So how do you feel about her killing your three grand

21:23kids? He also said have faith in the jury system unless there's someone who's going unless one of the jurors is going against your client and then you try to throw them off the uh throw them off the jury. Good lord. 844-542-42. Let's go back to it. And every time somebody had something to say about those young kids, Lindsey would smile and say I'm glad she wants them to be remembered. Oh God. Where do I begin to thank these jurors? Minus one. The full lady of the jury, I was so proud when she indicated after the judge sent them back to deliberate indicating that one of the person would not listen to the law and then she came back immediately with the question stating that this is one individual. It was 11-1 for an acquittal and one individual who recognized that there

22:27was reasonable doubt and refused to apply the law. So you don't stand here on a bunch of microphones and crawl about your victory because you, Tim, were crushed as well you should have been. As long as there's nothing personal, Kevin. I just have to say that this people behind me is unbelievable. Patrick, my son Pat, the attorney who helped us out through the course of this trial and thinks of Lindsey as a sister. Oh boy. How does he feel about his nieces and that kid being killed? No, no. So shits. God, Jones, my friend and private investigator who ran down leads and would travel all over the sub shore to find records and documents. Steve Verano, guys like my brother, it's amazing the work that he did during the phone dumps and all of the technicality in this case. Giving me instructions on how to question witnesses with

23:30little arrows do A to B because he knew that I know nothing about that stuff. My friend Paul Mosha and the guy who has been with us from the very beginning. My friend, like that was a bad thing. We went to the hospital and saw Lindsey in the condition she was in. So I want to thank these people. My office manager, Laura Nathalie is amazing. My wife, Deb, who has just been a source of sex support for me. And I would have emotional debts over this case. And all you people, I'm going to miss you. That's the clear of phrase. We'll be back.

24:31Obviously, it's a news helicopter overhead. They know that they were robbed by one man for whatever his agenda was. You were robbed by the jury system. It's been in the fact it's been the way we go for hundreds of years. It's so beautiful. So wonderful. And listen to this evidence. And you can see how defeated they were sitting there. And I got a funny feeling that they were to go on for another week if they had to. So I hope that guy can sleep well at least. What is this? Are you? This is too much. So one jurist told seven weeks how many weeks did she steal from those kids? God. I mean, it's one thing, you know, as Fernando said, you know, you got to do the best you can for your client. But you lost. Okay. You lost. It was a mistrial. You couldn't throw out centuries of Anglo-American

25:40jurisprudence to get this woman off after she killed three of her kids. But you know, it's over. You don't have to come out and continue this G-Hod. What are you trying to do? To gin up violence against this guy who you know, he gave up six weeks of his life for this. And you're basically threatening him. Good Lord. Now he said, I'm just looking at the chiroids. Everyone knows she was acquitted. I don't know that. Again, when did they change the rules? When when the when was the law changed that 11 to 1 works? Good Lord. Reddington pink T-shirts and candles available online soon. Good Lord. I just just this amazing. Let's play the, let's play President Trump. He, I mean, again, President Trump, he was, he was really measured

26:42in his comments pretty much here. Listen. I think the judges said it's going to be a mistrial. I assume there's going to be another trial. It's a it's a terrible situation. Look, she did a horrible, horrible thing. Can't be worse. But you'll find out what the price to pay is. There'll be a price. It's going to be mental institution or jail or something. But I guess they're going to go through another trial. It's too bad. What's the price? It's President Law. Lindsey deserved that acquittal. He says she didn't get it. She, you didn't get

27:4212 good men and true to agree. My heart breaks for Lindsey. He said, I used to know this guy in North Carolina. I worked with him at the colony and we went to school together. He was, he was a head of me. He was older than me. He was, he went to law school when I was an undergrad. He represented, and when he got into private practice, he represented this woman called Velma Barfield. Remember her? I probably don't remember her. She killed a couple of, she was linked to seven murders and she was convicted of one murder and she was finally put to death. She was the first woman put to death for him, maybe ever at the age of 51. And I remember one time he was up here and he was taught, you know, Velma said this and Velma said that. And, you know, I just said this, you know, this guy, you know, he's my friend and I've known him forever and everything but he's really lost his mind over this. This woman is a mass murderer.

28:46I'm seeing the same thing here this afternoon. This guy, the guy, the, the lawyer that I knew he's dead, dead now. But I mean, Reddington is asking this, is acting the same way. I know these guys sometimes, you know, fall in love with their clients like Hank Brennan dead with Whitey Bulger. You know, he, he, Whitey Bulger kidnapped his brain and I don't know what's going on with that. This is bad. 844, 542, 428, 444, 542, 442, 1 more cut here of Kevin Reddington telling, you know, basically a castigating judge Sullivan. I, and again, I don't know how I got it, got away with this without being at least, you know, slapped, have a slap back and say, you know, you're in danger of being found in contempt. Council. But he got away with it. Cut too.

29:46And in addition, and finally, I would ask that you not just give them as I described it yesterday, a soft inquiry where you would listen to my instructions. I would ask that you specifically direct their attention to proof beyond a reasonable doubt and re-instruct them on that forcefully. I think I did it yesterday, didn't I? Yes. You did it yesterday. You did it soft. You didn't do it forcefully. And I'm asking maybe what it was. What do you want me to do? Get a brass band. I read the instruction as written by the SJC. The fact that I perhaps didn't give it my full inflection. I'm sorry about that. I'm not an actor. I've just given the instructions. Well, my point simply is that you're kind of glossing over the issue. The issue is this juror will not, according to that note, apply the law of reasonable doubts. What does that mean in this way? I've requested, you know what I've requested. So I know. But it just just in case the records go, I am specifically

30:51not glossing over this issue. I have thought about this issue long enough. I know the definitive rejects, but the characterization that I'm glossing over it, trust me, that's not the situation. I've been thinking about this for quite a while. So that's what I'm going to do. I'm going to just give that instruction, as they said, that they have to follow my instructions. I'm not going to reiterate the reasonable doubt at this point. It may come to that again as we go through it. And I'll try and give this with more pizzazz than I gave yesterday, I suppose. I can't believe he's taken that crap from the... As he said, he's reading from the instruction manual that all judge... So if he if he diverted from the written instructions, he's supposed to deliver to the jury. That would be an appealable matter, wouldn't it? Good lord. 844-542-42, I'm Howie Carr.

32:01Follow Howie on TikTok. We're looking at TikTok at Howie Carr Radio Network. The name is Hot. The brand is Hot. Howie Carr is Back. It's Howie Carr's Cheat Baster Deal. Oh yeah. Sounds good to be true. Oh no, it's real and it's a steal. You know there's plenty more. When you shop at Howie Store for another Howie Carr, Cheat Baster Deal. Howie Carr, the cheapest bastard around. It's really great to have the horseshoe grill in North Reading back on the show with a Cheat Baster deal. And this is their 100th anniversary. The horseshoe grill started as the horseshoe

33:03club back in 1926. It's been owned since then. It's in the same location that it was then. It's been the horseshoe grill since 2004 when owner Pat Lee took it to the new, took it to a new level. And it's been going strong all these years. Right now you can go to Howie Carr Show. Click on store and well supplies last. You can purchase a $50 gift card to horsehoe grill for just 25 bucks. And it is a great, great place. Limit two per order. With us now is Noah. He's the current owner of the horsehoe grill. Noah, thank you so much for being with us here on the Howie Carr Show. And congratulations on a restaurant. Sell them. Make it to 100 years. Do they? No, not at all. How you doing? How are you? I'm actually here with my two cousins and business partners Ryan and Brad. Hey, guys, listen, what's the, what's the, if people haven't been to the horsehoe

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35:15for about five days. They're phenomenal. What's one of the old traditions from the, the old days, when it was the horseshoe club? What's still there at the horseshoe grill today? Well, we still have the horseshoe, traditional horseshoe bar. When you come right in, you can see that you walk right into the right side, you have a nice bar room for the horseshoe bar there. It's a great place for family and friends to gather. It's really like a local watering hole. Still like it was originally way back in the day. And you got a lot of specials planned for this month for the 100th anniversary, including a big event for the Patriots kickoff next week against the, the Super Bowl contenders from last year play in the first game as they always do. So it's the Pats versus the Seahawks. What do you got planned for that night, guys? Yeah, so we're super excited about the 100 year anniversary. For the entire month of September,

36:19we're doing specials every single day. And on September 9th, we have a Patriots launch party where we're going to have Patriots legends, Max Lane and Steve Diocy come and they're going to do kind of like a question and answer conversation with everybody around 7 pm. We're going to lay out a free buffet, a football appetizers, chicken wings, nachos, all that good stuff. We're going to be giving away four box seat Patriots tickets to the game at the in October. So we're giving those away. We've got a bunch of giveaways, memorabilia, all that kind of stuff. So that all starts 7 o'clock on Wednesday the 9th. All right. So are there any menu items that will, that do you think are going to be on the menu for 100 years from now? Any, any air going to last? Oh, geez. That's a tough question. 100 years from now. I just want to say how you've always been a huge supporter of the horseshoe grill. And we appreciate that you, you know, we've catered your

37:24events and and you kind of help bring a lot of credibility and sustain us. Again, I love, I love the stuff when Pat would bring it down, especially you still got cornbread. Oh, yeah, every day, every table gets it. The cornbread is superb. If anyone who goes to the goes to the horseshoe grill, be sure to get that. Eat the don't just push it aside, whether you're eating the ribs or the chicken tacos. You got to check out the cornbread. It's a great, it's just a great place to horsehoe grill. I had no idea you guys had been around for a hundred years. That's a, again, that's quite an accomplishment. Very few restaurants last that long. So if you want it to go to the horseshoe grill, where is it exactly tell people where it is Noah? Yeah, 226 Main Street North Reading, Massachusetts. Right off of Main Street, you can see it. So it's easy to get to just put it into the GPS and you'll be fine. So go to howwecar show.com, click on store and while supplies last, you can purchase a

38:28$50 gift card to the horsehoe grill for just 25 bucks, limit to per order. And they got all kinds of great events planned for this, for this 100th birthday month and starting and they're going to be especially going to be a big event. Next Wednesday night for the Patriots and the NFL kickoff to the season. Thank you Noah and thanks to everybody from the horseshoe grill. We love the horseshoe grill. I'm howwecar.