My Post on Subic Rape Case: There are Supporters for Daniel Smith?

My previous post on the verdict on the subject case was posted as “Awan Laeng” which is actually an off-topic of what my blog is supposed to be known – Ilocos and Travel. I never anticipated (more) comments (and quite lengthy at that!) for the convicted Daniel Smith. The same thing happened in the Youtube Video.

LCP Daniel Smith

I never opened my blog after such post because I was presuming there were no comments to answer as what usually happens when I post on such category. After reading all the comments, however, I decided to bleep some words at my discretion. I believe that some were not necessary and they are so blunt and vulgar so I moderated the comments, in the meantime. To avoid further publication of words which in usual publication practice (even if I did not have formal education is mass media) may not even be allowed, I have to subject the comments for approval.  

As a Blogger, I thought I was responsible if the comments are going out of proportions so I took the liberty of self-censorship. I fully understand the concept of freedom of expression as I was taught in school. Freedom of expression is not even absolute. It has its own limitations and when it goes overboard, it reflects the Blog which carries such comments and not to the Commentators who usually have undisclosed identities. In the end, it is the Blog that have to take full responsibility of whatever appears therein and it is at this juncture that I step-up and regulate. BKS supports freedom of expression; it supports valid causes, but discourages ‘cyber-wars’ by using uncalled words and terms with the intention to bash each other. BKS encourages participation and discussion, but let us all be more discerning – we can make a point better in that way! 

In the comments on my Subic Rape Case post, almost 99% are pro-Daniel and the remaining is for Nicole. That may not truly reflect what really is but it made me realized that even the convicted can get some support. You are free to express your support and opinions, either for Nicole or Daniel here at BKS, but c’mon guyz, let us try to be more civil in our comments.  

Lastly, as what I deduced from the comments, Nicole have been described and alluded to in the most negative way possible by so many words which really hurts.  For Daniel Smith, I have yet to discover why he gets support locally, aside from the fact that most commentators, especially in the Youtube Video are mere ‘fans!’ torn-signature

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87 Responses to My Post on Subic Rape Case: There are Supporters for Daniel Smith?

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  2. Meeh says:

    Suzette finally WOKE UP.

    It keeps getting clearer and clearer that both Smith and Suzette were USED? in this case because they are young and naive.

    Suzette was used by Gabriela, Maza, Hontiveros, Madrigal, Salonga, anti-Americans., etc.

    Smith was used by Judge Pozon and the Philippine Judiciary System.

    The Philippine DOJ must investigate Suzette’s lawyer, Evalyn Ursua, and Gabriela, Bayan Muna, etc., and find out if Ursua wanted Suzette to give false testimony.

    If proven guilty, Ursua and her groupies could go to jail from 6 years to 40 years.

    GOOD!

  3. note! says:

    Congratulation to Lt. Daniel Smith

    Nicole has always been so shameful to the Filipino nation, most Filipino who supported her in her case fought a wrong battle and supported the wrong person. She must be the most stupid person we might ever encounter….shame-shame nicole

  4. Francis De Leon says:

    Nicole may or may not be a whore. She could be even stupid for going to a bar full of horny Navy personnel. She could be a lot of things but the fact still remains anyone could cry out for help. No matter who you are, what you are, what you do or what you did ANYONE could be raped and can rape.

    People are putting too much emphasis on the persons involved rather than focusing on the actual rape case.

    “Young American soldier accused of rape and drunk slutty girl crying rape”.

    With regards to the case it is possible that she did want to have sex with Mr. Smith but I don’t think anyone wants it that much to do it in a van full of other horny people and being thrown out like yesterday’s garbage.

    It is a shame though that she ran and took the money because she did not just embarrass herself but also our country. I do believe that she “was” the victim of a rape case but now she is just a prostitute being paid in exchange of her pride and dignity. And now because of her actions some Americans might be inclined to think that we all have a price.

    This case is a slap to the face for all of us and some of us think we should just take it and turn the other cheek because America is beneficial to us and we think Americans are the holy grail of races which makes us more of a “whore” than Nicole.

  5. sophia says:

    I have read the news. It was very shocking at all,knowing that after such a long years of hunting for justice it just end up for nothing! So guys, the debate was over, whatever happened that night let’s leave that issue to both of them. So to the Smith and Nicole wanna be, beware! coz there are hungry crocs outside! Stop digging it out, let us respect there silence! HISTORY, isn’t it?

  6. RF Valdez says:

    To all supporters of Smith:

    🙂

    Not now… This time, Justice will prevail… for as they say it is in the darkest of the night that the light shines the brightest.

    http://www.memocircular.wordpress.com

  7. RF Valdez says:

    To all supporters of Smith:

    🙂

    Not now… This time, Justice will prevail… for as they say it is in the darkest of the night that the light shines the brightest.

  8. darius says:

    nicole’s supporters are anti-US, and yet she’s gonna live or already in the US. funny right! lol

  9. darius says:

    lol si nicole titira na raw sa america! diba mga supporters nya ANTI-AMERICA, tapos ayan sa US na raw titira si nicole hahahahaha

  10. paloma says:

    i am in Daniel’s side.. yes it is true 40yrs is too much.. do u think it will happen to NIcole if she is CAREFUL and if she is not a BITCH???
    well, i know lots of navy that i met in Malta and if u are EASY GOING PERSON of course they will think u like them.. and do u think a good person or decent woman will go out to disco and have a drink with navy guys??? they men and u know they are in the middle of nowhere and of course they have this NEED which they are trying to fulfill once they are pull in but with the woman who are willing to help them… but of course NIcole went out with them and drink a lot of alcoholic drinks with them.. so what do u think the guys will say about her?? of course for them u are a BITCH! mama mia…. i hope this judge is not close minded… although she is a filipina and i am a filipina but i am not her side… coz she just ruined Danie’s life.. and she didn’t even think how hard to be in the navy… how hard is his life to be in the navy. that’s why they are trying to have fun while out but i know for sure they are careful.. and u girl.. u know what is inside u and ur purpose why u went out with them… why u got drunk… will God is watching.. be fearful… coz He knows what is in ur heart and mind…

  11. pogs says:

    i support daniel. 40 years is too harsh. that’s like there’s no more chance for him to change. the judge ruined his life. i hope there will be a time that they’ll reduce his sentence.

  12. GMAN says:

    Daniel Smith needs to be set free…anyone who has been to the Philippines more than once knows any filipina picked up or met at a bar or club is willing to have sex, some for free, others for some pesos afterwards. This is a case of a filipina feeling guilty afterwards, knowing she has another marine boyfriend and Daniel pretty much was a one night stand. This was her way of “payback”, because he wouldn’t be back for her, and it’s a shame because anyone can be “paid off” in the Philippines. A few hundred bucks and she would have been satisfied! Maybe foreignors should avoid going there and lets see how bad the LBFM’s like it when all the sex money is gone! Face it Philippines…we go there to have sex with your women; Close your clubs and tourists will be gone, trust me! “Nicole” is probably being a whore overseas now…if she left!

  13. FTMC says:

    I dont know about you guys. But my wife and I were there that night. We were brought to that exact club the Marines were hangingout by a Taxi driver that suggested us. We rented out our own Videoke room. We did not realize that it was full of Marines and Pokpoks. My wife went to the rest room and the women were saying something about puting tawas on their private parts. They were also flaunting how much money their Marine customer gave them. I took leave to see my wife in Nueva Ejica and to meet up with my Navy friend over at Subic. A am an active duty US Navy and I wasn’t proud of what my Marine counterparts we’re doing. But either way if “Nicole” is or is not a prostitute, she was in the very wrong place at a very wrong time. Why would Nicole go to a club like that where you know there is trouble? Its like going into the mouth of the beast.

    Also Myra; its sad that you are expressing your emotions instead of logic.

  14. myra says:

    This case is sad!

    The young woman was ATTACKED by more than just Daniel Smith, he is the only NON-OFFICER. There were originally SEVERAL witnesses, then they soon were “suddenly” withdrawing their testimony! She is educated, did not come from a poor family, why would she have done what they were insinuating!
    Why would Nicole want the media of this drama, and difficulty in her life. In Philippines and US where this kind of thing is often thought of as humiliating and degrading!
    Her story never changed, but his did!

    I’m not pointing fingers.. but figure it out! US Military, poor Pilipinos, fear…

    Too many people are adding their 2cents where they don’t have a clue where to start!

    What kind of money do you thing that this BLUE COLLAR MAN has!?!?!
    OMG.. I am having a hard time digesting the BS the idiot ‘DOOPE’ is preaching… so I’ll prefer to keep that kind of IGNORANCE at a far distance.

  15. Idetrorce says:

    very interesting, but I don’t agree with you
    Idetrorce

  16. jennifer liwag says:

    I have no idea about those case, its just i want to know if this atty.escolango is the mr.escolango i’ve known before. to make it short kuya randy is this you ba? Just to remind you if this is really you, im jen sis of melanie, remember the sisters n boardmate mo before in manila s adelina st.if so…hi there!kindly reply,please….

  17. doope says:

    I’m Filipino-American, so I ought to be torn over this whole thing…
    But WTF, Daniel Smith is innocent.
    SOMEONE OUGHT TO GET HIM OUT OF HERE.
    Ya’ll know how it’s like in the Phillies- the whole court system is too fricking stupid. And sadly, this country is filled with emotional militant-marching women. This trial is an embarassment to this country. I bet that our dear Nicole is just a big HO.

    The USMC are trying to help this country beat fanatic Islam terrorists, and what do you do? You jail ’em. Shame! Get Daniel Smith out of here, seriously- imagine what it has done to his reputation. Jeeezus.

  18. IHATENICOLE!!!!WASACONSEXSUALSEXTHING!!!!!!!!!!!! says:

    SMITH IS INNOCENT.I AGREE WITH YOU ARRA.IT’S LIKE PEOPLE DON’T GET THE HANG OF AMERICANS,THEY JUST DON’T LOOK OR CAN’T ACCEPT THEIR OWN WRONGDOINGS. IT WAS A CONSENSUAL SEX!!

  19. arra says:

    there are many gaps between the testimonies.first, why are the filipinos complaining about the verdict’s decision when the philippines always seems like a dog’s tail to america. we rely on them, in fact some think that they too want to have sex with an american,they say they hate americans but they want to go to america!!!!!!!!!bambereger said that nicole first denied that she was raped but took her word back after that?????it really means that nicole is lying and DANIEL SMITH IS INNOCENT.INNOCENT.INNOCENT.INNOCENT!!!!!!!THE SENTENCE OF 40 YEARS IS WRONGLY DONE!!!I SAY NICOLE IS OR HAS BEEN PAID, OR JUST WANTS TO GET ATTENTION AND WANTS SMITH’S MONEY.

  20. Henry says:

    DANIEL SMITH is wrongly accused. I think nicole just want to get all the Publicity from the media. She just wants to get a her own share of fame. She’s another hypocrite who wants to get an American husband so that she can come here in the US. When things did not work out she just accused the poor fellow of raping her. Nicole is wicked. I pray that justice will set Smith free.

  21. Eric lee says:

    I Believe that Daniel Smith is just another victim of the Dirty Politics of the Philippines. Although most ordinary Filipinos are hospitable and good hearted, almost all the public officials in the different Philippines government agencies are crooked and corrupted. From the top officials to the low rank civil servants, a large majority of them are dishonest, corrupt and irresponsible. Daniel Smith just happened to be at the wrong place at the wrong time. He’s caught in between the extreme femninist and right wing groups and the government who only know how to play politics. The woman “nicole” has made many inconsistent statements. She is not to be trusted. I pray that there is still some good people who will give Daniel Smith freedom as he should be allowed to come home here in the US. He does not belong to the Philippines. The US Government should do its best to get him back home here.

  22. Boracayman says:

    Dennis you seem to be missing the Point of who commited a crime… It is not a crime to go to a nightclub and enjoy dancing or having some drinks… Many Filipinas enjoy dancing music and a some drinks.. do they then desreve to be raped.. NO!!! of course not..

    Smith Was the one that commited a henious crime..
    If Smith had Murdered Nicole… (another henious crime) would Nicole still have been asking for it.. in your view?…

    Both Murder and rape are serious henious crimes Punishable by life imprisonment.

    Who commited the crime…. DANIEL SMITH the RAPIST.

    Who dumped a Filipina lady in the street half naked with her genitals showing….. DANIEL SMITH the Convicted RAPIST. and his brave Buddy.

    Smith was the criminal.. He is now facing the consequences of his Criminal act.

  23. Dennis says:

    From my understanding of the whole rape case, “Nicole” was allegedly drunk when the supposed rape incident happened. All I can say is that she shouldn’t be drinking in the first place because every sane person knows that drinking clouds your judgment. Second, she shouldn’t have placed herself in that situation either. Drinking yourself to the point of passing out is just plain stupid. Yes, I said it…”Nicole” or whatever her name is, is STUPID. If you drink and pass out…and then get raped in the process, it is your own fault for putting yourself in that situation. She shouldn’t have drunk that much anyways. I don’t consider her a rape victim…she is a victim of her own stupidity for getting drunk. And now she wants sympathy? Excuse me?!?!

    Oh by the way…if she was drunk…how can she, without any shadow of a doubt, accurately recall the events? I think she’s just trying to find someone to blame for her own stupidity rather than take responsibility for what happened to her.

    I don’t support rape but I’m also not in favor of stupidity.

  24. iHATEthenameNICOLE says:

    I thought my heart was going to explode from my chest when I learned that the person who told the truth got sentenced to 40 years in jail instead!!!!!

    And the liar gets vindicated?!?!?! For what?!?!?!? For lieing?!?!?!?!?!

    It felt like it was a “You and me against the world” kind of feeling, you know?

    But now……not anymore! As I’ve seen for myself that Dan Smith’s no longer alone. He now has majority of Filipinos by his side and who whole-heartedly believe he is the one telling the truth about that one November night in 2005.

    As it is turning out…it is Smith who has become the victim here. No wonder sympathies for him are pouring from across the archipelagoes of the Philippines. I hope with all my heart that the Filipino people will continue their support for him so that he won’t feel like the world is against him. Although I do still feel bad for him because he’s become the victim of all these……

    The sympathy I feel is for the victim…..not the Opportunist.

  25. Boracayman says:

    Nicole Is the Victim of rape.. The Rapist name… is Daniel Smith… If this rape had taken place in any other country the Victim of the rape would be the one that gets supported..
    Its strange to think that there are some that would support a Rapist … and not his victim….

    Daniel Smith carried Nicole to the Van.. over the next 25 minutes raped her held her down and inflicted brutal injuries to her… all while being encouraged by his brave U.S Servicemen Buddies. Then Smith abused her and two of them dumped Nicole in the street by the Pier Half Naked… They Threw her underwear nearby with a condom still sticking to it.. and ran off.. This was witness by more than 12 people on the Pier.
    Two of them contacted the Shore patrol police and reported a suspected Rape…

    The Evidence presented in the court.. by 23 witnessed was overwhelmingly against Smith… He was found Guilty and is now a Convicted Rapist.

    The sympathy i feel is for the Victim.. not the Rapist.

  26. kitty says:

    US Marines deny raping woman at Subic Bay
    First posted 09:08:24 (Mla time) 2005-11-30
    Tonette Orejas Ansbert Joaquin Allan Macatuno
    Inquirer News Service

    OLONGAPO CITY-FOR THE first time, five of the six American Marines accused of raping a Filipino woman on Nov. 1 in Subic have denied the charge.
    “No such crime occurred. At no instance, in any point in time, did I have sex, forcibly or otherwise, with [the woman],” said Staff Sgt. Chad Brian Carpentier, 27, in his 10-page counter-affidavit filed yesterday by his lawyer Francisco Rodrigo Jr.
    Corporal Corey Burris and Lance Corporals Dominic Duplantis, Keith Silkwood and Albert Lara also filed their affidavits yesterday through their lawyers Emmanuel Pe§a, John Coluso and Jose Justiniano, respectively.
    Like Carpentier, the four servicemen denied raping the woman. All asked the Olongapo prosecutor’s office to dismiss the complaint.
    It was the first time since the alleged rape that the five servicemen issued official statements. They are being held by the US Embassy.
    Benjamin Formoso, counsel for the sixth Marine, Daniel Smith, said he did not file Smith’s affidavit because the evidence from the woman’s lawyers were being filed on “a piecemeal basis.”
    According to Filipino driver Timoteo Soriano Jr., another accused, it was Smith whom his colleagues were prodding to abuse the woman.
    Olongapo City Prosecutor Prudencio Jalandoni gave Soriano’s lawyer, Raul Paras, until Dec. 9 to file the driver’s counter-affidavit.
    The lawyers of the respondents and the complainant have until Dec. 14 to file their memoranda on the case. Jalandoni and Assistant Prosecutor Raymond Viray need these documents before issuing a resolution on the complaint.
    Carpentier’s account
    Carpentier, the oldest and most senior in rank of the accused, said in his affidavit that at about 9:50 p.m. on Nov. 1, he left the USS Essex with Gunnery Sgt. Paul Taylor to look for something to eat.
    He said he and Taylor rode in a dark green nine-passenger van provided by the US Marine Corps for their transportation that was driven by Soriano.
    Carpentier said he was going around the Subic port to make sure that everyone in his platoon was back at the ship by curfew.
    “I continued to round up the members of my platoon and steered them to the van. When I finally got to the van, I saw Silkwood and Duplantis there. The driver, Soriano, however, could not be found. As I turned around toward the club to find him, I saw Soriano come out of the club. It was then that I noticed Smith with the Filipino girl that was with him,” Carpentier said.
    ‘No force’
    When they reached the front gate of the wharf leading to the ship, he said the van stopped right at the gate.
    He added: “I disembarked from the van and whipped open the doors yelling, ‘Let’s go, let’s go!’ As the men were getting out, I noticed the Filipino girl was also getting out of the van. I vaguely recall someone saying, ‘Say goodbye to your bitch,’ to which the Filipino girl replied, ‘I am not a bitch. Don’t say that.’”
    Carpentier said he was back at the ship at around 1 a.m.
    He said the woman’s claim that she had been sexually abused by only one US soldier negated her charge that she was gang-raped.
    He also said the woman “voluntarily boarded the van with Smith.”
    Carpentier denied that the woman was carried out of the van and dumped on the sidewalk like a pig.
    “The circumstances alleged are implausible under the circumstances considering that the place where the complainant was supposed to have been dumped like a pig was very lit and there was a good number of US Marines and locals in the area,” he said.
    In his own counter-affidavit, Burris said that about 8 p.m. on Nov. 1, he left the USS Essex with Lara, his designated buddy.
    He said he danced and hung out with Lara at Dewey’s Club at around 9 p.m., and proceeded to Neptune Bar where they saw Silkwood, Smith and Duplantis.
    At 11:30 p.m., Burris said, Carpentier arrived at the bar with Soriano.
    They went back to their ship, buying a pizza along the way, Burris said. The lawyers presented the receipt for their pizza as proof.
    Burris said that he and Lara ran back to their ship at around 11:55 p.m., and that at about midnight, both of them officially signed in.
    ‘Not drunk’
    Duplantis said that on Nov. 1, he was with Smith and Silkwood when he went to Dewey’s Bar.
    He said he joined a separate group of Marines and sang and danced with some Filipino girls.
    “I recall Smith, Burris, Lara and several others from the ship. I was not drunk though I did have about four [bottles of] beer,” he said.
    At about 10 p.m., he said, he, along with Smith and Silk

  27. kitty says:

    US Marine says ‘Nicole’ a professional, not a victim First posted 02:56:12 (Mla time) 2006-09-20 Tarra Quismundo Inquirer
    ONE OF THE FOUR US MARINES on trial in the Subic rape case yesterday took the stand and said that he saw the Filipino complainant as “a professional” rather than a victim. Staff Sergeant Chad Carpentier testified that while he had the “moral conscience” to assist any woman in danger, he felt that “Nicole” did not need any help when she got off a rented van in partial undress on the night of Nov. 1, 2005. “You are assuming that I viewed [the complainant] as a victim. I viewed her as a professional preying on the vulnerability of [Lance Cpl. Daniel] Smith at the time,” Carpentier said under State Prosecutor Elizabeth Berdal’s cross-examination at Makati Regional Trial Court Branch 139. Berdal later said in an interview after the hearing: “We have shown his being judgmental and prejudiced toward Filipino women.” Earlier in his testimony, when the prosecutor asked him about his moral conscience, Carpentier said: “First of all, I am a father of a daughter myself, so at any time I felt a female was in harm’s way, you could bet your bottom dollar that [I would help her].” The 28-year-old Marine revealed what he thought of Nicole in reply to Berdal’s question on why he, the most senior of the Marines in the van, “did not lift a finger” to help the complainant upon seeing her “in a state of undress” on the night of the purported rape. Nicole had accused Smith of raping her while she was drunk in the moving van at the Subic Bay Freeport as Carpentier, Smith’s superior, and two other lance corporals, Keith Silkwood and Dominic Duplantis, egged him on. Prosecution witnesses testified to seeing Nicole being carried out of the van and left on the road “like a pig” by two Americans, her pants on front side back but pulled down to her knees, and a used condom dangling from the garter of her panties. Smith denied this account when he was presented as the first defense witness last week and testified that he and Nicole had consensual sex. He said the sex act ended after about three minutes because he and his comrades had to rush back to their ship, the USS Essex, to beat their midnight curfew. While Carpentier told the court that he did not actually see what was happening in the van’s back seat, his testimony backed Smith’s narration that Nicole got off the van on her own, and that she was coherent throughout the time she was in the vehicle. In questioning Carpentier, Berdal pointed out that, unlike his co-accused who had to be back on their ship at midnight, he had until 2 a.m. to enjoy liberty (the time given to servicemen for rest and recreation). Berdal: “Since your curfew was at 2 a.m. and you still had time, didn’t you extend assistance to a girl in a partial state of undress in an open area?” Carpentier: “No, ma’am.” Berdal: “Is that what they teach you at the Marines?” Carpentier’s counsel, Francisco Rodrigo, raised an objection, and Berdal withdrew the question.
    Ashamed
    When Rodrigo asked him later if Nicole had sought his help after alighting from the van, Carpentier said no. He also readily answered Berdal when she asked why Nicole would accuse him of rape. “She was ashamed and embarrassed of her conduct that evening, and due to the fact that casual observers came up with their own conspiracy inside the van, she was embarrassed and decided to [go along],” Carpentier said. He also described the complainant as being “aggressively flirtatious” while seated on Smith’s lap inside the Neptune Club, the Subic nightspot where the two met. Later upon questioning by Judge Benjamin Pozon, Carpentier elaborated on what he thought of Nicole at the time of the alleged crime. “I was shocked and offended that she would conduct herself that way at the back of the van. I can’t say for sure what she did, but at least it involved removing her pants. She could’ve either been trying on a new pair of pants or having sex,” he said, adding later that he was “kinda appalled and felt disrespected by [Nicole’s] conduct.” When Pozon asked if Marines were briefed on “the girls they could expect to meet” on foreign shores, Carpentier said: “I have extensive world travel and I know that women like to loiter around areas where there are military men.” He later said only “a small percentage” of women exhibiting such behavior were “out there” but that he did not have this judgment on all the women he met.
    First night out
    On direct examination, Carpentier testified that on the night of the alleged rape, he left the USS Essex at around 10:40 p.m. with Gunnery Sgt. Paul Taylor as his liberty buddy. This was how he recounted what transpired: Carpentier and Taylor boarded the van that the Marines had hired for the use of Essex personnel during their stay at the freeport. Filipino driver Timoteo Soriano Jr. was behind the wheel. It was Carpentier’s first night out at the port, so he left it to Soriano to look for a place where he and Taylor could eat. After two attempts, they found an open restaurant –Aresi’s — and had dinner there. Because he knew that a large group of the platoon under his supervision was out, Carpentier called Cpl. Corey Burris to check on everyone and to give notice that he would pick them up when he and Taylor had finished with dinner. Burris told him that many of the younger Marines who had to be back on their ship by midnight were at the Neptune.
    At the bar
    This was how Carpentier described what happened next: He dropped Taylor off at a hotel in the freeport because the latter wanted to freshen up. At around 11:30 p.m., Soriano drove Carpentier to the Neptune, where he saw Silkwood, Duplantis and Smith with a woman seated on Smith’s lap. Carpentier began rounding up the Marines. Moments later, he walked out of the bar and saw the three Marines and the Filipino woman — whom he later confirmed to be the complainant — standing by the locked van. Carpentier said he had to go back inside to look for Soriano. Burris and his buddy, Lance Cpl. Albert Lara (two Marines initially investigated for Nicole’s allegations but who were not charged), were also due at the Essex at midnight. When Carpentier could not find them, he told Soriano it was time to go.
    In the van
    While Carpentier testified that he did not see the exact order of how the passengers boarded the van, he said Smith and Nicole were seated in the back seat, Silkwood and Duplantis were in the row in front of them, and he in the front passenger seat. He proceeded with his account: As the van began to move, a security guard approached to ask for a tip, and another security guard spoke to Soriano to “offer us (Marines) females.” Carpentier refused the offer and told Soriano to go on driving. When he saw a group of US servicemen at a pizza place along the way, Carpentier told Soriano to slow down so he could look for Lara and Burris. He spotted them in the crowd, told Soriano to pull over, and chided Burris for taking off earlier. Lara and Burris did not get in the van. Carpentier challenged them “to beat me back to the ship.” The trip to the Alava Pier, where the Essex was docked, took 10-15 minutes.
    Inattentive
    When asked by Berdal if he saw what Smith and Nicole were doing in the back seat during the ride to the pier, Carpentier said: “I wasn’t paying minor attention to that. My focus was curfew, not Filipino girl.” Asked why he allowed a civilian woman to board the military-leased van, he said: “At the time, I couldn’t tell that it would turn into this big fiasco. I didn’t see it was a big deal. I didn’t really want to deal with the separation of lovers.”

  28. kitty says:

    US Marine details sex act
    First posted 02:20:18 (Mla time) 2006-09-12
    Tarra Quismundo Volt Contreras
    Inquirer

    THE 21-YEAR-OLD US Marine accused of raping a Filipino woman in a van last year told a Makati court that the sex was consensual, with “Nicole,” the complainant’s pseudonym, helping him put on a condom.
    Lance Corporal Daniel Smith took the stand as the first witness for the defense yesterday and denied doing anything against Nicole’s will on Nov. 1, 2005, the night of the alleged rape — from the passionate kisses to the consummation of the sexual act.
    “When the van started moving, we started kissing kinda passionately … Then she kinda had her hands on my back and she started leaning to the window and started pulling me towards [her] … I kinda asked jokingly: ‘Are you trying to have sex right here?’ She said yes, and I was kinda surprised for a second,” Smith told the court yesterday.
    Smith said the complainant even helped him put on a condom. He told the court that Nicole took a willing and receptive position that allowed the two of them to consummate the act despite the van’s tight space.
    “I couldn’t really do it on my own without [Nicole] positioning herself,” Smith said.
    When asked if he thought Nicole liked him, he said: “She did seem to like me as well … by the way we were talking, dancing, and we had sex at the end of the night so…”
    The woman sat quietly while Smith spoke.
    After a three-week break, the trial resumed yesterday at the sala of Makati Regional Trial Court Branch 139 Judge Benjamin Pozon.
    Different story
    Smith said that before leaving Nicole, he told her to return the next day to the bar where they had met if she wanted to spend more time with him.
    He was surprised when, before dawn on Nov. 3, agent Guy Papageorge of the Naval Criminal Investigative Service (NCIS) questioned him about his involvement in an alleged rape on the night he and Nicole had sex.
    “I was told I was being accused of rape. I still had no idea where that was coming from and I was told that it was the girl I had sex with the other night,” Smith said.
    The 22-year-old complainant had testified that Smith forced himself on her while she lay dead drunk in the van’s back seat as it cruised around Subic Bay Freeport around 11:30 on Nov. 1 last year.
    She further alleged that the other accused, Staff Sgt. Chad Carpentier and Lance Corporals Keith Silkwood and Dominic Duplantis, cheered Smith on during the alleged rape.
    Not drunk
    Smith, however, had a different story and, under direct examination by lawyer Ricardo Diaz, depicted Nicole as being fully coherent from the time they met at Subic’s Neptune Club until they parted ways at the pier.
    Not once during his hourlong testimony did Smith mention that Nicole was drunk as she had claimed.
    He said he introduced himself as Dan, as he always did. He could not remember though how Nicole introduced herself as “she spoke in a different dialect.”
    When he asked if Nicole would like to come sit with him at his table, she obliged. Then the two exchanged words and they started to dance.
    Giggling, kissing
    “We kinda just flirted there and she asked if she could kiss me. I said yes, then we kissed each other … After we were done, we just playfully giggled because there were many people around and we were there kissing,” Smith said.
    Between 11:20 and 11:30 p.m., Smith said Carpentier arrived and began rounding up the Marines at the bar so they could log back in at the ship in time for their curfew at midnight.
    “I told [Nicole] that I had to be back on the ship at 12 … that I had to go … She seemed kinda disappointed and asked me if I could stay a little longer. She was kinda upset about me leaving,” Smith said.
    “She appeared like she was by herself so I asked her if she’d like to go for a short ride back to the pier,” he continued.
    Smith said that Nicole agreed. “I opened the door and she stepped in [the van]. She sat down in the back seat. I was directly behind her and I sat beside her,” he said.
    There was “pretty minimal conversation” before they started kissing again, this time “passionately.” Then the consensual act began, Smith said.
    He described Nicole as a willing partner during the intercourse.
    “Some three minutes after we started, the van came to a stop. When I looked up, I saw that we had stopped by a pizza place and other people needed a ride,” Smith said.
    He said the van picked up two other Marines, namely, Corey Burris and Albert Lara, both of whom were also investigated in Nicole’s allegations of rape. They were, however, never charged.
    Offensive remark
    At that point, Smith said he stopped “because there wasn’t enough time.”
    When asked what Nicole’s reaction was, Smith said: “She asked ‘Are you already done?’ Then I looked around [because] that’s kinda an embarrassing thing to hear when you’re having sex.”
    The two of them put their clothes back on. A few minutes later, the van arrived at its final stop by the pier.
    Before Nicole could get out of the van though, somebody shouted: “Hurry up, you and your bitch get outta here.”
    Nicole became hysterical, Smith said. “Her mood completely, drastically changed. She screamed, ‘I’m not a bitch! I’m not a bitch!’ I tried to calm her down.”
    He also said the complainant had her pants back on when she left the van and sat at the curb. He tried to get a cab for her, but as he was trying to beat his curfew, he told Nicole that she should just “find her own way” and that they could meet the next day at Neptune Club.
    Smith said he returned to the bar the following night and looked for Nicole, but did not see her.
    Misquoted
    Filing out of the courtroom after his four-hour testimony, Smith received a handshake and an assurance that he did “very good” from Fr. James Reuter, who has been a spiritual adviser to the accused US Marines.
    The prominent priest was among the American members of the audience who came to hear Smith’s testimony at the resumption of the historic trial yesterday.
    For its next witness, the defense plans to present another US Marine today whom they identified as Lance Cpl. Justin Michael Bamberger.
    Public prosecutor Nolibien Quiambao confronted Smith with the record of his Nov. 3, 2005 “interrogation” by the US Naval Criminal Investigative Service, but the Marine cited “a lot of statements that were misquoted” by the interviewing NCIS agent, Guy Papageorge.
    It was Papageorge, Smith claimed, who used the phrase “cheered on” in one question related to the soldier’s behavior; he himself never used that phrase in his answer. With reports from Reuters and Associated Press

  29. kitty says:

    Why it is that she rather have a male doctor, Dr. Rolando Marfel Ortiz III, do the physical examination and not the female Dr. Estera? Why did she hug Jaime Avila Jr., SBMA bike patrol, and beg not to leave her? She was just raped, right? A “Man” raped her? Was that the reason why the James Gordon Hospital in Olongapo City only produced “STD and Pregnancy Tests” knowing the assailant(s) wearing condom(s)? Where is the BAC test (Blood Alcohol Content)?

    WHERE IS THE BAC TEST??????

    WHERE IS THE BAC TEST????

  30. kitty says:

    Too drunk for sex

    Another expert witness for the prosecution, Dr. Kenneth Go, a medical toxicologist from the Philippine General Hospital, approximated that Nicole had a blood alcohol level of 445.2 mg/dL.

    He based his computation on witnesses’ accounts of the drinks Nicole had at the Neptune Club, the Subic nightspot where she and Smith met shortly before the alleged rape.

    Go also made the approximation based on testimony on Nicole’s demeanor after several drinks at the bar.

    The doctor’s testimony supported the prosecution’s allegation that Nicole was too drunk to have consented to sex at the time of the incident.

    When Diaz finished his direct examination, the prosecution asked the court for more time to prepare for their cross-examination.

    Sanchez was scheduled to return on Monday to undergo the prosecution’s questioning.

    Carpentier was scheduled to take the stand today, followed by Silkwood on Thursday and Duplantis on Friday, their lawyers said.

    0.02 — 0.03 BAC: No loss of coordination, slight euphoria and loss of shyness. Depressant effects are not apparent. Mildly relaxed and maybe a little lightheaded.

    0.04 — 0.06 BAC: Feeling of well-being, relaxation, lower inhibitions, sensation of warmth. Euphoria. Some minor impairment of reasoning and memory, lowering of caution. Your behavior may become exaggerated and emotions intensified (Good emotions are better, bad emotions are worse)

    0.07 — 0.09 BAC: Slight impairment of balance, speech, vision, reaction time, and hearing. Euphoria. Judgment and self-control are reduced, and caution, reason and memory are impaired (in some* states .08 is legally impaired and it is illegal to drive at this level). You will probably believe that you are functioning better than you really are. ( * —As of July, 2004 ALL states had passed .08 BAC Per Se Laws. The final one took effect in August of 2005.)

    0.10 — 0.125 BAC: Significant impairment of motor coordination and loss of good judgment. Speech may be slurred; balance, vision, reaction time and hearing will be impaired. Euphoria. It is illegal to operate a motor vehicle at this level of intoxication in all states.

    0.13 — 0.15 BAC: Gross motor impairment and lack of physical control. Blurred vision and major loss of balance. Euphoria is reduced and dysphoria* is beginning to appear. Judgment and perception are severely impaired.
    ( * —Dysphoria: An emotional state of anxiety, depression, or unease.)

    0.16 — 0.19 BAC: Dysphoria predominates, nausea may appear. The drinker has the appearance of a “sloppy drunk.”

    0.20 BAC: Feeling dazed/confused or otherwise disoriented. May need help to stand/walk. If you injure yourself you may not feel the pain. Some people have nausea and vomiting at this level. The gag reflex is impaired and you can choke if you do vomit. Blackouts are likely at this level so you may not remember what has happened.

    0.25 BAC: All mental, physical and sensory functions are severely impaired. Increased risk of asphyxiation from choking on vomit and of seriously injuring yourself by falls or other accidents.

    0.30 BAC: STUPOR. You have little comprehension of where you are. You may pass out suddenly and be difficult to awaken.

    0.35 BAC: Coma is possible. This is the level of surgical anesthesia.

    0.40 BAC and up: Onset of coma, and possible death due to respiratory arrest.

    FACTOID: Unbelted occupants account for 84% of impaired driving fatalities in Oklahoma (and 84% of impaired driving fatalities, nationwide). Fasten those seat belts! (NHTSA statistics)
    Go to this website http://www.ou.edu/oupd/bac.htm

  31. kitty says:

    Doc says ‘Nicole’ lacked injuries of abuse victim

    First posted 04:13:35 (Mla time) 2006-09-19
    Tarra Quismundo
    Inquirer

    LAWYERS defending four American Marines in the Subic rape trial yesterday presented an expert witness who testified that complainant “Nicole” did not display injuries common to victims of sexual abuse.

    Called to the stand, Dr. Teresita Sanchez, an obstetrician-gynecologist, told a Makati Regional Trial Court that bruises found on the arms, legs and genital area of Nicole were inconsistent with her accusations of rape against the US Marines.

    Nicole had accused Lance Corporal Daniel Smith of raping her while she was dead drunk in the back of a moving Kia Starex van around 11:30 p.m. on Nov. 1, 2005, as his co-accused — Lance Corporals Keith Silkwood and Dominic Duplantis and Staff Sgt. Chad Carpentier — cheered him on.

    Smith took the stand last week and testified that he and Nicole had consensual sex in the van.

    “This is an alleged victim of rape but I do not find any injury significant to suggest that there was rape or anything forced on the person … based on the absence of injuries in the inner thighs and inner knees,” Sanchez told the court.

    Sanchez, who trained in forensics and toxicology, was supposed to take the stand on Friday after qualifying as an expert witness the previous day.

    The public prosecutors, however, had sought a postponement because of their rift with Nicole and her mother, who had accused the state panel of being incompetent and of colluding with the defense to give up the case.

    No injuries there

    When Sanchez finally took the stand yesterday, she told the court that rape victims usually sustained contusions on their inner thighs and knees because of the forced spreading of their legs — injuries not found on Nicole.

    Under the direct examination of Ricardo Diaz, Smith’s counsel, the doctor said she based her opinion on her own experience and widely used literature on the matter, copies of which she brought to court.

    Diaz questioned Sanchez on whether such injuries could have been inflicted during a sexual assault on someone who was very drunk, as Nicole supposedly was, on the night of the alleged rape.

    “Also from experience, a person who is not cooperative or is dead drunk would be in a condition like that of a person under anesthesia. She would certainly have heavy legs and one would definitely use force to separate the legs,” Sanchez said.

    Diaz asked Sanchez to give her assessment by referring to the results of Nicole’s medical examination at the James Gordon Memorial Hospital in Olongapo City, 33 hours after the alleged rape.

    Rebuttal

    The examining doctor, Dr. Rolando Ortiz II, found that Nicole sustained contusions on her right wrist, her upper left arm, her legs and her genital area.

    When he testified for the prosecution, Ortiz told the court that the injuries were consistent with rape, an analysis seconded by Dr. Raquel Fortun, an expert witness who also took the stand for the prosecution.

    Sanchez, however, gave testimony rebutting the two doctors. She told the court that contusions in the genital area could occur both in consensual and forced intercourse.

    When Diaz asked whether contusions could occur during consensual intercourse in a confined space such as a Starex van, Sanchez answered: “That will be very difficult … It may cause contusions and there is literature and documented cases which [say contusions] can appear both in consensual and nonconsensual sex.”

    She added: “In consensual sex, contusions are not only possible, it’s probable.”

    Diaz also sought the doctor’s expertise in Ortiz’s findings of deep and healed lacerated injuries in the genitalia, as a medico-legal examination had found on Nicole. Sanchez said the lacerations could have occurred because of “previous intercourse, maybe of one, two, three or more.”

    “Persons?” Diaz asked.

    Amid laughter from the gallery, Sanchez told Diaz that she was simply referring to the number of previous sexual encounters of a person found to have such injuries. She, however, said such injuries could have been sustained in instances other than a sexual act, such as an accident.

    Diaz attempted to elicit testimony from Sanchez about a possible link between infections and lacerations in the outer genitalia — another way to debunk the allegation that the injuries were caused by forced sex.

    State Prosecutor Hazel Valdez rose to object and told the court that the medico-legal examination never mentioned any infection.

    Dangerous levels

    “The witness was called upon to render opinion on facts already established … We could not allow the witness to speculate and then render an opinion on that speculation. That is utterly improper,” Valdez said.

    Diaz later withdrew from this line of questioning.

    He decided to probe Sanchez’s knowledge of toxicology and asked about the possible condition of a person with a blood alcohol level between 300 mg/dL (milligrams per deciliter) and 400 mg/dL.

    “At that stage, the person should already be stuporous,” Sanchez said.

    A blood alcohol level between 400 mg/dL and 500 mg/dL is “a very dangerous situation to be in. That should be considered an emergency because you can lapse into a coma or even die,” she added.

    Too drunk for sex

    Another expert witness for the prosecution, Dr. Kenneth Go, a medical toxicologist from the Philippine General Hospital, approximated that Nicole had a blood alcohol level of 445.2 mg/dL.

    He based his computation on witnesses’ accounts of the drinks Nicole had at the Neptune Club, the Subic nightspot where she and Smith met shortly before the alleged rape.

    Go also made the approximation based on testimony on Nicole’s demeanor after several drinks at the bar.

    The doctor’s testimony supported the prosecution’s allegation that Nicole was too drunk to have consented to sex at the time of the incident.

    When Diaz finished his direct examination, the prosecution asked the court for more time to prepare for their cross-examination.

    Sanchez was scheduled to return on Monday to undergo the prosecution’s questioning.

    Carpentier was scheduled to take the stand today, followed by Silkwood on Thursday and Duplantis on Friday, their lawyers said.

  32. kitty says:

    Nicole’ ready to start over, prefers work abroad

    Extended legal battle seen as Smith files appeal
    By Tetch Torres, Teresa Cerojano
    INQ7.net, Associated Press
    Last updated 05:59pm (Mla time) 12/05/2006

    (UPDATE) A DAY after a local court found a US Marine guilty of rape, his victim said she was ready to start over and that she preferred a job abroad where people did not know her.

    At the same time, “Nicole,” a court-appointed pseudonym, said she could only feel “pity” for Lance Corporal Daniel Smith who was convicted Monday before the Makati regional trial court of raping her at the Subic Bay Freeport on Nov. 1, 2005.

    She also said that she was bracing for an extended legal battle after Smith appealed his conviction and 40-year sentence.

    “Nicole” told a press conference that she was ready to start over.

    “I’d like to find a job preferably abroad where people have no idea what happened to me,” “Nicole” said.

    Although “Nicole” had not decided what country she would go to, she kidded that she hoped that the US won’t deny her a visa if she would apply for one.

  33. kitty says:

    ‘Nicole’ forced out of bar, witness told

    First posted 09:12:57 (Mla time) 2006-06-20
    Volt Contreras Tarra Quismundo
    Inquirer

    A FEW HOURS after it happened, Nicole told an investigator that American servicemen had forced her out of a nightclub and allegedly raped her in a moving van.

    Ramon Paje, the 12th witness for the prosecution, testified that Nicole, when interviewed after receiving medical attention six hours after her alleged rape, claimed that the accused US Marines took her out of a popular nightspot “against her will” before carrying out the crime in a Kia Starex van.

    Paje said the 22-year-old Filipino complainant in the Subic rape case remembered being “kissed and her private parts touched (hinipuan),” her pants and underwear being “pulled down,” before being “sexually abused (pinagsamantalahan).”

    That Nicole herself claimed that she was forcibly brought out of Neptune Bar inside the Subic Freeport was one version of the incident never before presented in the trial at the Makati Regional Trial Court’s Branch 139.

  34. kitty says:

    Nicole: ‘Absolute loss of trust’

    First posted 03:39:56 (Mla time) 2006-09-21
    Volt Contreras
    Inquirer

    NICOLE, the complainant in the Subic rape case against four US Marines, will file today a formal manifestation before the Makati City Regional Trial Court expressing her “absolute loss of trust” in the government prosecutors handling her case, her private counsel Evalyn Ursua said.

    Ursua, in an interview yesterday, said her client planned “to make official and on-record” her continuing disapproval of the Department of Justice panel headed by Senior State Prosecutor Emilie Fe De los Santos.

    Despite this announcement, Malacañang said the government would like to see the case through.

    Executive Secretary Eduardo Ermita told reporters yesterday that “it was the duty of the Philippine government to continue with the prosecution.”

    Nicole and her mother have charged that the lead government prosecutor of urging them to “just settle” with the US Marines accused of raping her while on board a moving van inside the Subic Bay Freeport on Nov. 1, 2005.

    They also claimed that De los Santos insinuated that if they didn’t settle, the government may “trade off” the case with that of Agriculture Undersecretary Jocelyn Bolante, who is detained in the US and wanted for investigation here of a multi-million farm equipment fund diversion.

    Both charges have been denied by De los Santos.

    Nicole earlier said she wanted all the public prosecutors relieved except for government lawyer Hazel Valdez.

    On Monday, however, Justice Secretary Raul Gonzales turned down her request.

    Open recriminations followed, with Nicole’s camp calling the DoJ “incompetent,” and De los Santos calling her an “ingrate.” Gonzalez also said in a televised interview that Nicole’s camp was “imagining things,” at the prodding of her “left-leaning backers.”

    In another forum, Ursua disclosed that neither she nor Nicole knew about the meetings between Nicole’s family and the lead prosecutor. Nicole’s mother disclosed the meetings after her daughter walked out of her own trial last week.

    Public prosecutors should yield to Nicole’s call “out of delicadeza” and “ethics in the legal profession,” she added.

    “Among lawyers, when your client tells you that you’re not trusted anymore, you say ‘okay, fine,”’ she explained. “Please, let us not wait for the day when we start calling it a sellout.”

    Nicole, Ursua said, will still not attend today’s hearing where the third among the accused, Cpl. Keith Silkwood, is scheduled to testify. She will just file this “simple manifestation” before the Makati trial court of Judge Benjamin Pozon, said Ursua.

    In an account of the trial before students of the University of the Philippines in Baguio City on Wednesday, Ursua said Nicole is “on the verge of concluding that the government is out to sabotage her case” in order to protect the country’s relation with the United States.

    Should their fears prove to be true, Ursua said their other recourse is to present Nicole’s case before the UN Committee on the Elimination of Discrimination Against Women, which has taken an interest in the proceedings.

    Ursua, in her lecture to the UP-Baguio students, said the prosecutor assigned to cross-examine the court witnesses was frequently absent. She said Nicole was irked when the lead prosecutor handed the cross-examination duties to the subordinate they accused of incompetence, after refusing to allow her (Ursua) to handle that part of the proceedings.

    “Kung four days a week ang hearing namin, mabuti nang um-attend siya ng one day. Tapos uupo siya, wala siyang papel; hindi siya nag-ta-take ng notes. Nakaupo siya sa likod namin parang clueless siya sa nangyayari (We would be lucky if he shows up to attend one session out of four in a week. He doesn’t take notes. He sits behind us and appears clueless about the proceedings),” she said.

    “I can say this to you because that’s the truth. I swear,” Ursua told the students.

    She said allowing a private lawyer to take over from a government prosecutor would be irregular in most cases.

    Ursua said Nicole had preferred that government replace all the prosecutors except for government lawyer Hazel Valdez, but she decided on Tuesday night to push for “a clean slate instead.” With reports from Christine O. Avendano, Tarra V. Quismundo, and Vincent Cabreza of Inquirer Northern Luzon

  35. kitty says:

    I was raped’ – ‘Nicole’

    First posted 21:09:25 (Mla time) 2006-07-14
    Tetch Torres
    INQ7.net

    “I was raped.” But I never told the security guard (at the Neptune Club) that I was raped. I (was) ashamed…”

    Her voice rising slightly, this was what the woman who has accused four American servicemen of rape said was allegedly done to her by Marine Lance Corporal Daniel Smith the night of November 1 last year.

    The complainant’s cross examination on Friday, which lasted between 30 to 40 minutes, was the last trip to the witness stand for the woman identified only as “Nicole” after a week of direct testimony often punctuated by emotional outbursts and, at one point, a physical attack on Smith.

    It was the 23rd day of the Subic rape trial.

    Smith’s lawyer, Patricia Formoso, conducted the cross examination.

    Nicole had just said Smith did a “bad thing” to her, which was why she returned to the Neptune Club at the Subic Freeport to look for him in the early hours of November 2, 2005, after the alleged rape.

    Makati Regional Trial Court Judge Benjamin Pozon asked her to explain what she meant by “bad thing.”

    “I was raped,” Nicole replied. “But I never told the security guard (at the Neptune Club) that I was raped. I (was) ashamed…”

    It was in the club that she met Smith, Nicole said in earlier testimony. It was from the bar, too, she said, that Smith dragged her and into a waiting van where the rape allegedly occurred as his fellow Marines and co-accused – Lance Corporals Keith Silkwood and Dominic Duplantis, and Staff Sergeant Chad Carpentier – allegedly cheered him on.

    The lawyers of the three other Marines opted not to cross examine Nicole.

    It was a calmer Nicole who took the stand on Friday.

    Nevertheless, there was one question from Pozon she could not bring herself to answer.

    When the judge asked her to describe how Smith touched her breast, she could only look down. When Pozon asked if she could “answer my question,” she admitted she could not because of shame.

    She was again asked to enumerate the alcoholic drinks she imbibed from October 30 to November 1. She also reiterated that she could not only partly remember what happened the night of the alleged rape.

    In her earlier testimony, Nicole’s account of that night was disjointed. But she remembered enough to identify Smith as the man who danced with her, dragged her out of the club and who she later found on top of her.

    Formoso asked her why she agreed to go to Subic with US servicemen Christopher Mills, a family friend, and Carlos Ocacio when she already had a boyfriend, also a Marine like her alleged assailants.

    She also questioned Nicole how, if she was already dazed on arriving at the James L. Gordon Memorial Hospital in Olongapo City, she still managed to request her stepsister to ask the doctor if she could urinate before undergoing a medical examination.

    After Nicole’s testimony, Silkwood’s lawyer, Jose Justiniano, observed that the complainant “never identified” any of the other accused.

    “She said she only heard voices but (did not) know where they (were) coming from,” Justiniano said.

    The next hearing of the case is on Monday, when the prosecution will present van driver Timoteo Soriano as a “hostile witness.”

    It was Sorinao who drove the rented van where the alleged rape happened. Originally, he told Subic investigators Nicole had been gang-raped only to recant that statement and claim he was forced to make it.

  36. kitty says:

    Defense notes ‘Nicole’s’ jeans, panties not torn

    First posted 06:03:44 (Mla time) 2006-06-23
    Volt Contreras Tarra Quismundo
    Inquirer

    DEFENSE lawyers in the Subic rape case yesterday focused on the lack of any tears — which could indicate a struggle — in the underwear and denim jeans that the complainant “Nicole” was wearing during the alleged crime.

    They also managed to note at the Makati Regional Trial Court hearing that these two articles of clothing had “no seminal stains” when examined by the Philippine National Police Crime Laboratory.

    The lawyers of the four accused US Marines used the tack in grilling the 15th prosecution witness, Melchor Delequina, the investigator who took photographs of the pieces of evidence at the Subic Bay Metropolitan Authority’s Intelligence and Investigation Office (IIO).

    It was Delequina who took pictures of Nicole’s panties, jeans, a used condom and its torn foil wrapper, a piece of medicine wrapper found inside the jeans, the Kia Starex van where the alleged rape took place, and the trip ticket issued in hiring the van.

    Prosecutors also presented Delequina to further disprove allegations made months before the trial by the van’s Filipino driver, Timoteo Soriano, that IIO Intelligence Division chief Paquito Torres (Delequina’s boss) had coerced him into mentioning “gang rape” in the statement he executed on Nov. 2, 2005, just hours after the alleged crime.

    Nicole was not present at the hearing, the first time she missed a court date. Her lawyer, Evalyn Ursua, said she was resting.

    The prosecution panel is expected to call to the stand today two members of Nicole’s family — a stepsister who was with her at Subic at the time of the alleged rape, and an elder brother.

    Admissions

    Francisco Rodrigo, counsel for Staff Sergeant Chad Carpentier, made Delequina admit that when he photographed Nicole’s panties and denim jeans, he did not see any tears on either.

    That both pieces of clothing apparently had “no stains” when taken off the woman was another admission drawn from the witness, this time by his colleague Benjamin Formoso, counsel for Lance Corporal Daniel Smith.

    But it was toward the end of the hearing that Rodrigo read out the PNP crime lab report saying that no stains of semen were found on the clothes.

    This was during an exchange on whether there was still a need to call in the expert who had conducted the tests. Otherwise, it was proposed, both sides could just stipulate (or agree) on the report.

    The prosecutors said they might have a problem producing such a witness on the matter because the PNP official concerned had gone to the United States on vacation.

    The examination was conducted by a medico-legal officer, Chief Inspector Mamerto Bernabe Jr.

    Rodrigo was actually daring the prosecution to stipulate on the “no stains” finding, but the prosecutors refused.

    Close to 2 hours

    The defense lawyers kept the IIO’s Ramon Paje on the witness stand for close to two hours as they attacked both his proficiency in English and investigative skills during cross-examination.

    But Paje endured the ordeal and answered every question.

    Paje was the IIO officer who translated “lasing na lasing (very drunk)” to mean “hardly intoxicated” in describing Nicole in his investigation report.

    He saw the complainant in such a condition when he first met her at the IIO office shortly after the alleged rape.

    “Mr. Witness, when I say ‘I could hardly see you,’ would you agree that in Filipino, that means ‘Hindi kita masyadong makita’ or ‘Bahagya lamang kitang nakikita’?” said lawyer Jose Justiniano, counsel for Lance Cpl. Keith Silkwood.

    Justiniano was testing how the witness understood the term “hardly” in light of his misuse of the adverb in translating “lasing na lasing.”

    Hot on the issue

    The defense panel had been hot on the mistranslation, believing that Paje in fact meant that Nicole was barely drunk when she was seen minutes after the alleged rape.

    If proven, this would derail the prosecution’s line of offense that the complainant was too drunk to have consented to sex.

    Nicole had alleged that on Nov. 1 last year, Smith raped her while she was barely conscious at the back of a Starex van cruising the Subic Bay Freeport, as Silkwood, Carpentier and Lance Cpl. Dominic Duplantis egged him on.

    “That could be what it means, sir,” said Paje, who testified in Filipino and was assisted by an interpreter throughout his testimony.

    “OK. How about if I say ‘I could hardly hear you,’ would you agree that in Filipino, that means ‘Hindi kita masyadong marinig’ or ‘Bahagya lamang kitang naririnig’?” continued Justiniano.

    This time, State Prosecutor Hazel Valdez rose to address Makati RTC Branch 139 Judge Benjamin Pozon: “Your Honor, we have to object to this line of questioning on the basis of lack of materiality.”

    Justiniano countered that he was “testing the accuracy of the witness.”

    ‘Di ganong kagaling’

    The defense lawyer won the court’s favor and was allowed to go on. But Paje gave him the rebuff.

    “Di ako ganong kagaling, as I have already told you, sir,” Paje said in a mix of Filipino and English, raising both arms to emphasize his point.

    The courtroom audience laughed at the exchange.

    Justiniano had earlier inquired into the investigator’s educational attainment.

    “I finished tertiary school at the Ramon Magsaysay University, sir,” Paje said.

    “So you said you finished third year college…” Justiniano said, trailing off.

    Prosecutors clarified to him that “tertiary” meant college.

    Justiniano also asked Paje to affirm if he had understood the English terms he used in his report, including the words “Caucasian,” “assaulted” and “bar-hopping.”

    Rodrigo questioned Paje’s handling of evidence, including Nicole’s jeans and panties, and the condom purportedly used by Smith in the alleged rape.

    He had testified that Nicole, with the assistance of IIO evidence custodian Genevieve Puno, turned over the jeans and panties, and that he received the used condom from SBMA Law Enforcement Division bike patrol officer Jaime Avila Jr., who retrieved it from the parking lot at Subic’s Alava Pier where the servicemen had allegedly dumped Nicole.

    “Did you examine the jeans and pants? Did you notice any tear in the panties or jeans? Were they in a container? Did it not occur to you as an investigator to look at the condition of very important pieces of evidence?” Rodrigo asked Paje in quick succession.

    “To preserve the evidence and prevent contaminating them, I did not look at them,” said Paje, who testified that he received Nicole’s clothes in a brown paper bag.

  37. kitty says:

    Was she carried out of the van like a pig again or simply got off the van? How many men? Two or three?

    Noel Aguas Paule, a bike patrol officer, said he found the woman in a parking lot near the Telecoms Bldg. along Waterfront Rd at around 12:15 am Nov. 2. She was crying and apparently hardly drunk who was being attended to by 8 other people. When he came closer and tried to talk to her, she embraced him and asked him not to leave her. (Jaime Avila Jr.)

    Feliciano Salonga, chair of the SBMA told GMA television news that the woman was hysterical…without clothes on except a pair of panties. It was obvious that she was intoxicated and incoherent. We gave her a pair of pants to cover herself. Dated Nov. 5, 2005 published on Page A1, Philippine Daily
    Inquirer.

    The driver of the van claimed he was punched twice by a police officer who wanted him to say that he had witnessed a gang rape. (Paquito Torres SBMA administrator). Suzette and Smith were drinking and hugging and doing the dirty dance on the dance floor. Suzette, Smith and four other US servicemen came out of the bar, walked to his van, and asked him to drive them. Asked if she was drunk, he said in Filipino she was walking straight when she left the bar. As they were getting off, one of the soldiers said I’m done. The four Americans got off first. Then I saw the girl’s trousers were down but she was still wearing her shirt. The Americans helped her draw up her pants and then they all left the van. Asked if she was crying, Soriano said she was not. Published on page A2 of the Nov. 13, 2005, Philippine Daily Inquirer

    Subic van driver says there was no rape. There was no truth to the claim that Smith carried Suzette on his back from Neptune Club’s door and loaded her into the van. She got into the van willingly when I opened the door. However, it was true she was left in the club’s parking lot with her pants pulled down after she was carried out of the van. It is also not true that she got very drunk after consuming various alcoholic beverages inside the Neptune Club. She had take alcohol but she was not passed out drunk. She spoke but I could not understand everything she said. The radio was playing but the music was not so loud. The radio was playing but we could still understand each other inside the vehicle. They were in the back and I didn’t hear everything they said. They spoke of different thing but she never once shouted from the back. The Philippine Star December 1, 2006

    Maria Fe Castro said in her sworn statement that she personally saw two of the apparently drunk US Marines carrying the panty-clad victim like a pig and dropped her body from the van to a grassy portion of the Subic Bay Freeport’s parking lot along Waterfront Road. Sunstar November 24, 2005

    Nov. 6, van driver Timoteo Serrano Jr. plans to recant his testimony, claiming it was made under duress. He said one of the soldiers had sex with the woman while he was driving. The woman was dropped off after 15 minutes. Serrano was told to sign a blank sheet of paper, on which his testimony was then typed out. One of the police officer allegedly threatened him when he hesitated to sign the paper.

  38. kitty says:

    Was Suzette S. Nicolas dragged like a pig, carried like a pig, piggy back like a pig, forced her in the van or simply walked with the US Marines and got in the van?

    Per Randy Escolango, a lawyer for the woman’s family, that seven new witnesses would describe the gruesome ordeal. They are prepared to testify that the woman was dragged like a pig into the van and later dropped off from the vehicle after the allege crime, he said. They would also testify that they saw the Marine quickly board a US naval ship docked at Subic after the incident. First posted Nov. 16, 2005 Subic, Agence France Presse.

    Gerald Muyot failed to record in his logbook the unusual event he noticed while manning his post on the evening of Nov. 1, even while he managed to jot them down on a small piece of paper. He showed the court how Lance Cpl. Daniel Smith carried the drunk victim on his back and load her onto the Starex van.

    Earlier on Monday, Gerald Muyot, a security guard of Neptune Bar reiterated his testimony in cross-examination about seeing Smith carrying the drunk and unconscious woman on his back and bringing her to the van. First posted 04:19 pm June 05, 2006 INQ.net Associated Press

    Nov. 6, van driver Timoteo Serrano Jr. plans to recant his testimony, claiming it was made under duress. He said one of the soldiers had sex with the woman while he was driving. The woman was dropped off after 15 minutes. The Philippine Star Nov. 06, 2005

    Suzette, Smith and four other US servicemen came out of the bar, walked to his van, and asked him to drive them. Asked if she was drunk, he said in Filipino she was walking straight when she left the bar. As they were getting off, one of the soldiers said I’m done. The four Americans got off first. Then I saw the girl’s trousers were down but she was still wearing her shirt. The Americans helped her draw up her pants and then they all left the van. Asked if she was crying, Soriano said she was not. Published on page A2 of the Nov. 13, 2005, Philippine Daily Inquirer

    Subic van driver says there was no rape. There was no truth to the claim that Smith carried Suzette on his back from Neptune Club’s door and loaded her into the van. She got into the van willingly when I opened the door. However, it was true she was left in the club’s parking lot with her pants pulled down after she was carried out of the van. The Philippine Star December 1, 2006

    A few hours later, witnesses said they saw the woman being dumped unconscious from a van on a road, the SBMA administrator Armand Arreza told INQ7.net in a phone interview Friday. INQ7.net First posted 02:25 pm Nov. 04, 2005

    Maria Fe Castro said in her sworn statement that she personally saw two of the apparently drunk US Marines carrying the panty-clad victim like a pig and dropped her body from the van to a grassy portion of the Subic Bay Freeport’s parking lot along Waterfront Road. Sunstar November 24, 2005

    The woman went with the Marines to the van that fetched them. She was not forced into the van, as reports indicated. The alleged victim’s sister, who had another US serviceman for a boyfriend, tried to prevent her from going with the group; but she was adamant. How could those Marines think of gang-raping the woman when they were so worried about getting back to their ship to beat the curfew? By Ramon Tulfo First posted 00:47 am, May 2, 2006 Inquirer Published on page A18 Philippine Daily Inquirer

    Khonghun and his group were standing at the seawall, about 15 to 10 meters away from the parking lot, when they saw a dark colored Starex van stop behind his van. He saw an African-American, whom he later identified as Duplantis, walk out of the van a bit wobbly. The man walked to the curb and sat there. Another man, later identified as Silkwood, alighted next. A bottle of beer was in his hand. He then emptied the bottle and threw it on the pavement. He then returned to the van and I saw him holding both legs of a person. The other end of the woman was supported by another Caucasian later identified as Smith. In grilling Khonghun, defense wondered why she made no mention of rape in encountering apparently the first person to find her after she had been dumped by her alleged abusers. First posted 03:37 am Published on page A1 of June 9, 2006 Philippine Daily Inquirer

    Van driver Timoteo Soriano has also submitted a sworn statement corroborating the victim’s claims that she was forcibly taken by the six servicemen. Manila Standard Today November 7, 2005

    The victim added: “Tinanong niya po ako kung okey daw po kaming lumabas sa Neptune Club dahil mainit daw po sa loob,” she stated, but declined the offer. “Sabi ko ay ayaw ko po dahil hinihintay ko pa po ang kapatid ko. Pinilit po ako nilang lumabas.”

    The victim said she didn’t see the identification (ID)s of suspects because the place was dark. She remembered boarding a vehicle. “Isinakay po ako sa sasakyan, pinaghahalikan ako, hinipuan sa maseselan na parte ng katawan, hinubad po ang aking suot at pwersahang ginahasa, samantalang ako’y naglalaban at sumisigaw. Naririnig ko po ang kanyang mga kasamahan na tuwang-tuwa.”

    Translation: by Liz
    The victims added: “He asked me if they can step out because it is so warm here inside the Neptune Club,” she stated, but declined the offer. “ I said, no, I am waiting for my sister. They drag me out.” (Drag: to cause, persuade, or force somebody to stop doing something or leave a place unwillingly).

    The victim said she didn’t see the identifications (IDs) of the suspects because the place was dark. She remembered boarding a vehicle. “ I was loaded into the vehicle, he started to kiss me, groped my private parts, undressed me and forcibly raped me. While I was fighting him off and screaming. I am hearing his friends cheering. Malou Dungog Manila Standard Today November 28, 2005

    Yesterday, the mother of the rape victim had accused the six servicemen of forcing her into a rented van where she was raped on Nov. 1. Manila Standard Today November 10, 2005

  39. kitty says:

    Gerald Muyot, who was posted outside the Neptune at around the same time, told the court that he saw an American carrying a very drunk Nicole piggyback on his way out of the bar and loading her into a green Starex van. “The American said, She’s with me, we’re gonna go now” Muyot testified, adding: “I became suspicious because he told me that when I wasn’t even asking him – and why would he say that to me? That’s why I took a piece of paper from my wallet and took note of the van’s plate number.” Muyot said that at around 2:45 am of Nov. 2 or a few hours after he saw the American load the drunken woman into the van, a mobile patrol car arrived in front of the Neptune . He said the same woman he had seen in the arms of the American, whom he later identified as Smith, alighted and asked security guards if there were any other US servicemen inside the bar. “She said the men did something bad to her and she wanted to see if there were any other US Marines inside. So I escorted her inside the club, but when she saw that there were no other Marines there, she left.” Muyot said. First posted 01:03 am Published on page A1 June 3, 2006 Philippine Daily Inquirer

  40. kitty says:

    Alleged Rape Victim In U.S. Marine Case Insists On Replacing Prosecutors

    Komfie Manalo – All Headline News Foreign Correspondent
    Manila, Philippines (AHN) – The Filipino complainant in the Subic rape case and her mother insisted on replacing the panel of prosecutors on Wednesday, even as the trial nears its conclusion.

    The insistence of “Nicole” and her mother to replace their lawyers highlights the off-court conflict between the complainant and the chief prosecutor of the case. The issues began when the alleged victim accused her government lawyers of a lop-sided performance during the cross-examinations of the four American suspects.

    On Wednesday, Nicole, the court-appointed name for the victim, told the justice department how, as early as July, Senior State Prosecutor Emilie Fe de los Santos, purportedly pushed for a settlement of the case against the complainant’s wish.

    In an affidavit, the victim’s mother said De los Santos had once conceded ‘’we cannot do anything if they call up the judge’’ to secure the acquittal of the four accused U.S. Marines.

    She wrote in her affidavit, “De los Santos told me that the family of the accused already agreed for a settlement. She told me that since my daughter no longer wants to return to Zamboanga, my children need to move to a new place.

    “She told us to write whatever we want. My daughter and my other children can be granted permanent status while me and Ana (Nicole’s stepsister) can be given a multiple entry visa.”

    Nicole, 22, has accused Lance Corporal Daniel Smith, of St. Louis, of raping her in a van on November 1 at the Subic Bay freeport, a former U.S. Naval base, while three other Marines cheered him on. If convicted, all four face a maximum of 40 years in jail.

  41. kitty says:

    DNA in underwear matches Philippines rape victim
    From Wikinews, the free news source you can write!
    Jump to: navigation, search

    July 19, 2006

    Dr. Francisco Supe Jr., a forensic analyst from the DNA Analysis Section of the Philippine National Police (PNP) Crime Laboratory, took the stand and disclosed in court for the first time that DNA was present in two pieces of evidence. According to Supe, DNA of complainant “Nicole” was found in samples of “biological fluid” found on the panties she was wearing on the night of Nov. 1, 2005 and in the condom purportedly used by accused Lance Corporal Daniel Smith in committing the alleged rape.

    The used condom was retrieved at Subic’s Alava Pier where a distraught Nicole was found after the alleged rape.

    “The condom and the underwear had female DNA, and they matched. They are the same DNA profiles … which means they most likely belong to the same person,” the expert witness said during direct examination by State Prosecutor Hazel Valdez.

    Only Nicole’s underwear tested positive for male DNA—a result that Supe attributed to the possible “degradation” of bodily fluids on the condom to “environmental insults, particularly the humid condition, bacterial factors that may have contaminated it … and the enzyme inside DNA which destroys it when functioning outside a living system.”

    In reply to Valdez’s question, Supe said that while it was possible that the evidence had not been handled properly before the turnover, he said the condom and the panties were not contaminated as they still yielded DNA samples.

    Upon Valdez’s questioning, Supe related how analysts came to match the female DNA found in both specimens with that of the complainant.

    He said Nicole’s DNA, extracted from a blood sample that she had voluntarily provided, was the same as that found in the panties and the condom.

    “I am comparing now, and it appears that they match exactly — the DNA profiles generated from the blood sample and the samples generated from the condom and the underwear,” said Supe, referring to two DNA test results he was holding.

    Valdez then sought Supe’s expertise on the possible indications of the presence of male DNA in a woman’s underwear, and asked him its possible source.

    Supe replied: “We’re dealing here with a [pair of panties] and you would think of areas that come in contact with a panty… The most probable source is either saliva or seminal stains. But if you go by logic, I don’t see any reason why anybody would lick a panty.” While the test may lead experts to areas where DNA can be extracted, it cannot specify which part of the body the spots came from, Supe had explained.

    Supe said the owner of the male DNA could not be identified as yet, as the crime laboratory lacked a sample with which to compare the results. None of the accused—-Smith, Lance Corporals Keith Silkwood and Dominic Duplantis, and Staff Sgt. Chad Carpentier—had submitted his specimen for DNA testing. The prosecution panel had filed a motion on July 17, asking the court to compel the accused to submit blood samples for comparison with the male DNA found in Nicole’s panties. Defense lawyers told the court that they would file their reply on July 20.

    In response to the question on how could a female’s DNA be in a used condom, Supe replied: “The most plausible is that the inside of the condom came in contact with [Nicole]… Maybe that part of the condom was rubbed with [Nicole],” he said. “Most likely it came in contact with the genital area, [but it] was turned inside out most likely, such that the [DNA] specimen was preserved.”

    When asked to demonstrate how a condom could have been reversed, Supe had apparently anticipated the question and brought a condom. He then demonstrated how a condom could have been turned inside out in the act of removing it.

    Defense lawyer Jose Justiniano said Supe’s testimony did not help prove rape. He said the presence of the male and female DNA in the specimen could at most prove that a man and a woman had sex, not whether or not there was “a presence of force or intimidation,”

    This case has garnered nationwide attention in Philippines because it involves US military men stationed in Philippines. As required by the Visiting Forces Agreement, the case has to be resolved within one year.

    Cross-examination of Supe is scheduled for Thursday, July 20.

  42. kitty says:

    Per Randy Escolango, a lawyer for the woman’s family, that seven new witnesses would describe the gruesome ordeal. They are prepared to testify that the woman was dragged like a pig into the van and later dropped off from the vehicle after the allege crime, he said. They would also testify that they saw the Marine quickly board a US naval ship docked at Subic after the incident. First posted Nov. 16, 2005 Subic , Agence France Presse.

  43. kitty says:

    Who is Joseph Khonghun? He is the brother of the mayor of Subic.

  44. kitty says:

    Filipino businessman Joseph Khonghun, testified Thursday that he was the Marines leaving the van their warship in the former Subic Bay Naval Base, and in court identified Smith and Silkwood as the ones who carried her from the van to the pavement. “She was sitting on the pavement trying to reach her pants,” Khonghun said. “The pants were below her knees.” After the Marine left, a male bystander helped to her feet. Khonghun said a woman who was with him, Maria Fe Castro, noticed something dangling from the other woman’s panties, pulled it out and saw it was a condom. June 8, 2006 Associated Press

  45. kitty says:

    Now, Suzette S. Nicolas… how did you get to Subic????

  46. kitty says:

    Subic rape victim tells of incident Nov. 28, 2005 Malou Dungog
    OLONGAPO CITY — The controversy sparked by the Nov. 1 rape case of a Filipino girl by six United States servicemen continue as the next preliminary investigation will be heard Nov. 29.
    The victim, a native of Zamboanga City and manager of a Food Haus in Southern Command, Zamboanga City came to Subic Bay on Oct. 30 on board a Honda Civic, which she and siblings rented in Manila .
    In her statement executed before Administering Officer on Nov. 2, the victim said she arrived from Zamboanga to Manila and from there rented a car to Subic Bay with siblings Anna Liza (24); Ma. Carmela, 12; Ricsan, 24; and Ryan, 23. They checked in at Grand Leisure Hotel reserved by a friend, a certain Chris Mills from USS Stockholm.
    On the night of the same date, the siblings went to dinner at a restaurant here with a certain Carlos Ocacio, another US serviceman, go bar-hopping to different entertainment facilities at about 10:30 until past 11 p.m. at Neptune Club then returned to the hotel to retire for the evening.

  47. kitty says:

    A single condom was found in the van, and the police said this would be used to obtain DNA information to identify who used it. Yesterday, Rep. Milagros Magsaysay of Zambales said the American authorities had already conducted their own investigation and had left behind the six servicemen. She added that there were eight witness who identified the suspects. The driver, Timoteo Soriano Jr., retracted his statement in a TV interview, saying it was take under duress. Assistant Prosecutor Raymond Viray said Soriano may face perjury charges if he retracts his statement. Manila Standard Today November 09, 2005

  48. kitty says:

    Two officials of DOJ requesting anonymity confirmed reports Wednesday that she want to recant her charges that she was raped. What she remembers is that she was being kissed. She wants to delete the element of rape in her original complaint-affidavit. She was with her lawyer Minerva Ambrosio. The alleged victim, Ambrosio and her other lawyer Katrina Legarda were absent in the preliminary hearing at the Olongapo Prosecutor’s Office. Maria Sheila Bazar, appearing as lead counsel for the victim, said they would no longer present the victim to shield her from further embarrassment. Castro in her sworn statement said she saw two of the apparently drunk US Marines carrying the victim, who was clad only in her panties, like a pig and dropped her body from the van to a grassy portion of the Subic Bay Freeport’s parking lot along Waterfront Road . Malaya November 24, 2005

  49. kitty says:

    The six Marines were charged with rape before the Olongapo City Prosecutor’s Office Thursday. The victims said the Americans took turns in raping her inside the van they had rented before leaving her unconsciously by the roadside. Van driver Timoteo Soriano has also submitted a sworn statement corroborating the victim’s claims that she was forcibly taken by the six servicemen. Manila Standard Today November 7, 2005

  50. kitty says:

    Wycoco said that the condom that was found inside the van used where the supposed rape took place, was not included in the evidence to be examined by the Bureau as it already yielded a negative result from a test conducted by the Philippine National Police. He says that it takes about two weeks before the results of the DNA test is known. The Manila Bulletin Nov. 15, 2005

  51. kitty says:

    aime Avila Jr., a member of the SBMA bike patrol, said he spotted the condom on the ground not far from the spot where he saw Suzette weeping and embracing his fellow security officer, Noele Paule, at around 12:15am of Nov. 2, 2005, near the Telecom Building of Waterfront Road . There was a possibility that the woman was molested, according to the bystanders who saw her being unloaded from the van. I inspected the place and saw a possible piece of evidence, Avila said. He wrapped the condom in a piece of paper, put it in his pocket, and later turned it over to the SBMA Intelligence and Investigation Office. Close to where he had found Nicole, Paule picked up a trip ticket on which was written Starex van and the company name Starways Transport Service Inc. In her complaint, she accused Smith of raping her at around 11:30 pm on Nov. 1, 2005 while Carpentier, Silkwood, and Duplantis egged him on. Gerald Muyot, a security guard at the Neptune Bar, led a demonstration of how Daniel Smith supposedly loaded a barely conscious Suzette onto the van. Muyot had testified to seeing Smith carrying a drunken Nicole piggyback as they made their way out of the Neptune between 11:00 pm and 11:30 pm on Nov. 1, 2005. Published on page A1 June 10, 2006 Philippine Daily Inquirer

  52. kitty says:

    While the lawyers from the defense and the prosecution were slugging it out in Wednesday’s preliminary investigation of the rape case against six US servicemen, Suzette tried to recant her statement that she was raped. Two officials of the Department of Justice who requested anonymity said the victim had wanted to meet with Justice Sec. Raul Gonzalez Sr. to swear a supplemental complain affidavit contrary to her rape complaint. The victim initially said she was gang-raped by six US Marines. The DOJ officials said the victim maintained that what she last knew was that she was just being kissed by one of the six accused and she wanted the part in her testimony that she had been raped to be stricken out. The truth is the victim intends to recant the rape charges. Her recantation is that, what she remembers is that she was being kissed. She wants to delete the element of rape in her original complaint-affidavit. She wanted to swear out her statement on the rape portion. Gonzalez on Tuesday turned down the request of the victim accompanied by lawyer Minerva Ambrosio because he said he did not want to be accused of being biased for any of the parties in the case. When the DOJ chief refused to meet them, the victim and her lawyer went to the office of Chief State Prosecutor Jovencito Zuno and State Prosecutor Lilian Alejo to subscribe her withdrawal. If the portion, the rape allegation is deleted, the case is dead. It will be lessened to sexual abuse or sexual molestation, the DOJ officials said. Maria Fe Castro said in her sworn statement that she personally saw two of the apparently drunk US Marines carrying the panty-clad victim like a pig and dropped her body from the van to a grassy portion of the Subic Bay Freeport’s parking lot along Waterfront Road . Sunstar November 24, 2005

  53. kitty says:

    First posted 06:12am (Mla time) Nov 07, 2005
    By Tonette Orejas, Ansbert Joaquin
    Inquirer News Service

    Editor’s Note: Published on page A4 of the Nov. 7, 2005 issue of the Philippine Daily Inquirer
    [Editor’s Note: Timeline as narrated by Zambales Representative Milagros Magsaysay based on interviews with the victim, her stepsister, the driver of the Starex van and eight witnesses]
    NOV. 1
    9 p.m.
    The victim, her stepsister and the latter’s boyfriend, Christopher James Mills, go to Neptune bar. Victim dances with US soldier surnamed Reynolds. This man is later mistakenly questioned as a suspect. (The driver fails to recognize him as one of the men who rode in the Starex van. Later, the US Marines’ logbook shows Reynolds returning to the USS Essex at 9:30 p.m. Investigators find no reason to detain him).
    About 10 p.m. Grand Leisure Hotel
    Stepsister invites victim to return to Grand Leisure Hotel where they are staying. Hotel is less than a km north of Neptune . The victim prefers to stay longer at the bar and her stepsister leaves her there. Later, Mills volunteers to look for the victim but fails to find her.
    10 p.m. Aresi Restaurant
    Driver and a US Marine surnamed Carpenter dine at Aresi Restaurant, less than 1 km north of Neptune . Four servicemen call to tell Carpenter and driver to go to Neptune . (Driver says he has been driving for three servicemen for a week. He identifies the two others as Smith and Boris).
    10:30 p.m. Neptune with Dewey Avenue street post
    The group gathers at Neptune . Soldiers order driver to go inside the bar. He is given a bottle of beer. About 15 to 20 minutes later, driver is told to prepare the van as they are leaving. The five men and the victim ride the van. Driver says he is not sure if victim is lucid at this point. Driver is instructed to go around Dewey Avenue .
    As van travels this route, Carpenter shouts: “Go, go, Smith.” The three men take turns shouting “F**k! F**k!” The three men stand on their knees, their backs to the driver. Driver says the group did not take turns raping the victim. Driver tries to switch on the light inside the van. Carpenter stops him. Carpenter instead turns up the radio louder. The incident takes 10 to 20 minutes.
    The Starex van stops somewhere along Alava Pier and there unloads the girl. Driver says victim’s pants lowered to her knees.
    11:15 p.m. Subic Telecom-Subic Chamber of Commerce offices
    Eight people are at the Alava Pier, between the Subic Telecom and Subic Chamber of Commerce offices, to watch US soldiers return to the ship (this is a practice by locals during the years when the US Navy was still at Subic until 1992). They say a Starex van pulled over and a black man alighted and sat on the pavement. Two Caucasians emerge later carrying the victim, by her hands and feet, as if she were a pig (”parang baboy”). The victim has her shirt and underwear on. Another Caucasian emerges from the van, throws away the remaining beer in a bottle. He rolls the bottle in the direction of the victim. He gets in the van and throws a pair of pants the victim’s way.
    The eight witnesses get near the victim. They say she looks “groggy.” A condom is hanging from her underwear while a trip ticket falls on the pavement. The ticket belongs to Star Ways Tours and Travel owned by one George Day at Clark . Witnesses call an SBMA mobile patrol to report a “possible rape.” They fetch victim’s stepsister at the hotel.
    NOV. 2
    2 a.m.
    Victim is taken to James Gordon Hospital in Olongapo City , just outside the freeport , for a medico-legal test. The last thing she remembers is she felt dizzy at Neptune .
    ” Liberty ” or recreation time for US troops ends.
    6 a.m.
    The search for suspects ends after they are presented in a lineup before the van driver.
    9 a.m. Alava Pier
    USS Essex leaves Alava Pier.
    11 a.m. LED office
    US Naval Intelligence Service (NIS) begins investigation, gets statements from victim, driver and eight witnesses at the SBMA’s law enforcement department (LED).
    Victim tells investigators that the last thing she remembers is she felt dizzy at Neptune bar.
    NOV. 3
    US NIS presents five suspects to SBMA Chair Feliciano Salonga and Administrator Armand Arreza.
    2:30 p.m.
    A complaint for rape is filed against the suspects before the Olongapo City prosecutor’s office.

  54. kitty says:

    Feliciano Salonga, chair of SBMA told GMA television news that the woman was hysterical….without clothes except panties. “We gave her a pair of pants to cover herself”, he said. It was dated last November 5, 2005

    The evidence is strong against the 6 American servicemen accused of gang-raping a 22 year old Filipina. There was obviously no conscent, Zosimo Paredes, executive director of the Presidential Commission on the Visiting Force Agreement said. SBMA administrator Armand Arreza told INQ7.net in a phone interview Friday that there were witnesses, including the Filipino driver of a rented van where the alleged rape took place. A condom was even found inside the van, said Arreza. The SBMA is extending legal and even accommodation assistance to the woman, who is from Zamboanga and just spending a vacation in Subic, said Arreza. She met the Americans who invited her to go with them in a rented van. A few hours later, witness said they saw the woman being dumped unconscious from a van on a road, the SBMA said in a statemetn. The woman is said to be from a well-off family in the southern Philippine province, said a foreign affairs official who asked not to be named. – INQ7.net First posted 02:25pm Nov. 4, 2005

  55. kitty says:

    Where is the BAC test???

  56. kitty says:

    #

    Too drunk for sex

    Another expert witness for the prosecution, Dr. Kenneth Go, a medical toxicologist from the Philippine General Hospital, approximated that Nicole had a blood alcohol level of 445.2 mg/dL.

    He based his computation on witnesses’ accounts of the drinks Nicole had at the Neptune Club, the Subic nightspot where she and Smith met shortly before the alleged rape.

    Go also made the approximation based on testimony on Nicole’s demeanor after several drinks at the bar.

    The doctor’s testimony supported the prosecution’s allegation that Nicole was too drunk to have consented to sex at the time of the incident.

    When Diaz finished his direct examination, the prosecution asked the court for more time to prepare for their cross-examination.

    Sanchez was scheduled to return on Monday to undergo the prosecution’s questioning.

    Carpentier was scheduled to take the stand today, followed by Silkwood on Thursday and Duplantis on Friday, their lawyers said.

    #

    0.02 — 0.03 BAC: No loss of coordination, slight euphoria and loss of shyness. Depressant effects are not apparent. Mildly relaxed and maybe a little lightheaded.

    0.04 — 0.06 BAC: Feeling of well-being, relaxation, lower inhibitions, sensation of warmth. Euphoria. Some minor impairment of reasoning and memory, lowering of caution. Your behavior may become exaggerated and emotions intensified (Good emotions are better, bad emotions are worse)

    0.07 — 0.09 BAC: Slight impairment of balance, speech, vision, reaction time, and hearing. Euphoria. Judgment and self-control are reduced, and caution, reason and memory are impaired (in some* states .08 is legally impaired and it is illegal to drive at this level). You will probably believe that you are functioning better than you really are. ( * —As of July, 2004 ALL states had passed .08 BAC Per Se Laws. The final one took effect in August of 2005.)

    0.10 — 0.125 BAC: Significant impairment of motor coordination and loss of good judgment. Speech may be slurred; balance, vision, reaction time and hearing will be impaired. Euphoria. It is illegal to operate a motor vehicle at this level of intoxication in all states.

    0.13 — 0.15 BAC: Gross motor impairment and lack of physical control. Blurred vision and major loss of balance. Euphoria is reduced and dysphoria* is beginning to appear. Judgment and perception are severely impaired.
    ( * —Dysphoria: An emotional state of anxiety, depression, or unease.)

    0.16 — 0.19 BAC: Dysphoria predominates, nausea may appear. The drinker has the appearance of a “sloppy drunk.”

    0.20 BAC: Feeling dazed/confused or otherwise disoriented. May need help to stand/walk. If you injure yourself you may not feel the pain. Some people have nausea and vomiting at this level. The gag reflex is impaired and you can choke if you do vomit. Blackouts are likely at this level so you may not remember what has happened.

    0.25 BAC: All mental, physical and sensory functions are severely impaired. Increased risk of asphyxiation from choking on vomit and of seriously injuring yourself by falls or other accidents.

    0.30 BAC: STUPOR. You have little comprehension of where you are. You may pass out suddenly and be difficult to awaken.

    0.35 BAC: Coma is possible. This is the level of surgical anesthesia.

    0.40 BAC and up: Onset of coma, and possible death due to respiratory arrest.

    FACTOID: Unbelted occupants account for 84% of impaired driving fatalities in Oklahoma (and 84% of impaired driving fatalities, nationwide). Fasten those seat belts! (NHTSA statistics)
    Go to this website and check it out http://www.ou.edu/oupd/bac.htm

  57. kitty says:

    Why it is that she rather have a male doctor, Dr. Rolando Marfel Ortiz III, do the physical examination and not the female Dr. Estera? Why did she hug Jaime Avila Jr., SBMA bike patrol, and beg not to leave her? She was just raped, right? A “Man” raped her? Was that the reason why the James Gordon Hospital in Olongapo City only produced “STD and Pregnancy Tests” knowing the assailant(s) wearing condom(s)? Where is the BAC test (Blood Alcohol Content)?

  58. kitty says:

    Can you rape a unwilling or unconscious female in 10 to 15 minutes? She is wearing a tight denim jeans, plus the condom and what judge Pozon’s “bestial acts” in a tight space such as in the back of the van.

    Was it a family vacation or just the two females and two US Marines in a hotel named Grand Leisure Hotel. Why do you think it was called Grand Leisure Hotel? Where is the condom(s) really? In the Van or somebody took it out of the van and say with the help of Joseph Khonghun and Maria Fe Castro testimonies. I saw it in the news, Ces Drillon was even touch it with a pen to show to the TV views “the condom”.

    With her pants down to her knees how can she be raped? You can’t spread your legs!!!! One of her pants leg should be out if it was supposed to be “a quickie” or “one night stand”. Remember it happened in 10 to 15 minutes as stated in the affidavits.

  59. Ralph Alano says:

    I really was not surprised that a lot of people are sympathizing with Daniel Smith. Every person I’ve spoken with who knows the facts of the case come to the same conclusion that a) the sex was consensual and b) that “Nicole” got embarassed by the treatment she got after the fact which led her to prosecute. Don’t get me wrong, those soldiers were jerks but they DID NOT rape her. Nicole’s regret and the soldier’s ungentlemanly behavior does not constitute rape.

  60. with all due respect to those who support daniel smith, i agree that justice was not fully served, but not on the same side of the fence.

    lance corporal daniel smith is guilty of rape — heck, chad carpentier, keith silkwood, and dominic duplantis should have been convicted of conspiracy of rape as well.

    my rebuttals to cyberspace-trolled arguments supporting smith in a post on my blog . if there are arguments for smith’s side that are based on the merits of the case, the facts of the case, and jurisprudence, i would like to know of those and debate with them — but not in the fishwives’ manner that torn decries, and rightly so.

    as to the issue on his custody, my take on it is that the many Filipino officials committed treason against the Republic of the Philippines.

    (torn, kailian, apologies for replying in this manner — see, my posts are pretty long and i don’t want to take up too much of your space. pagpasensiyaennak koma.)

  61. Grace Santos of Justice for Smith says:

    My name is Grace Santos and I am the one who organized the Justice for Smith. We are giving Daniel’s picture to those who supports him and believed in him. Dan is a good person with a forgiving heart. He is not holding any grudges againsts anybody. He is very positve that things will be ok for him because he knows God is watching over him. Please include Dan in your prayers and to those people who supports him, let us be for vigilant.
    If you have any questions with regards to the activities of the group Justice for Dan Justice for the Strangers, you can email me at JUSTICE_FOR_DAN@YAHOO.COM or text and call me at 09174904180. We will appreciate all your support and Dan is very thankful too.
    Let us keep on fighting for the real victim of injustice.
    God bless!

  62. trisha says:

    Daniel gets support from the Filipino people because they know who is telling the truth and who is lying

  63. trisha says:

    TO ALL THOSE PEOPLE WHO WANTS TO SUPPORT LANCE CORPORAL DANIEL SMITH, YOU CAN CALL OR TEXT OUR HOTLINE NUMBERS 09198353728, 09179016592 AND 8220305.

    YOU CAN ALSO SENT DANIEL SMITH EMAILS AT JUSTICE4DAN@HOTMAIL.COM AND JUSTICE_FOR_DAN@YAHOO.COM

    WE WILL PRINT ALL YOUR EMAILS AND WE WILL GIVE IT TO DANIEL SMITH.

    THANK YOU AND GOD BLESS!

  64. Nicole is was, is, and will continue to be simply a whore, pure and simple! As a matter of fact, her true goal in life is to be a porn star, perhaps the next Mimi Miyagi.

  65. Confused nawism says:

    So you are PRO GMA then surigaonon am I right? If you are PRO GMA you must be anti CONSTITUTION and if you are you must be PRO ADIMINSTRATION and ANTI ERAP. IF U are ANti ERAP you must be a wise man so if you are a wise man I wonder why you support the rapist? I think you are a wise rapist supporter.

  66. Surigaonon says:

    count me in…. Even if I’m from mindanao, I support Daniel Smith. I think the case is so politically motivated backing by anti-american & anti-GMA forces.

  67. I don’t think that Suzette S. Nicolas (aka Nicole) was raped! She’s just a perfect example of a hypocrite Pinoy/Pinay who just dream to live in the U.S. and A. and went with Dan (Smith) and hoping to be his wife. But Dan was asshole enough (like any other guys, regardless of nationality) by not getting back to her the next few days after the sex. Now, she complained that she was raped because of that?! What a bitch!

  68. Henry She says:

    I like Axle way of twisting the redundant issue of rape he turned it to much more informative topic that hardly no one have realized the gravity of consequenses.

  69. Alejandro Rios says:

    Don’t even give axle any attention. Clearly he can’t think much.Byaan mo na ‘yan.Isa ring katok niyan. baka gustong bumalik sa Bilibid e-na mi miss niya.Salamat po and Happy New Year!

  70. Mitchell Walker says:

    Very well said,Merryl. Some people have their brains scattered all over the place.It just shows you how low they belong in the ladder of life-but,what can I say.Maybe this guy is just a lost soul based on how he translates information.Can’t think any better that a turkey.
    Glad to know Danny Smith is now in US Custody.I sure saw this coming.What now for Nicole?Let’s watch…

  71. Merryl says:

    This has always been a very sensible blog as you can read.
    AXLE-If you can’t think any better,go somewhere else beacause FOR SURE
    there are other places you can use your line of thinking.Only straight thinking people here,please///You may have a certain way of displaying your intelligence but it may be more appreaciated somewhere else.

  72. FilAm says:

    ‘Thought this would happen and man,am I ever glad that Lance Cpl Daniel Smith is now in US CUSTODY!!! So now,what’s gonna Nicole do? maybe go back to that canteen and keep on hunting.Poor woman…

  73. axle says:

    I wish we can do it korinna. sha’wee?

  74. korinna korinna says:

    Speaking from experience,axle?

  75. axle says:

    Judge Pozon in my opinion was wrong in his verdict to keep Lance Corporal Daniel Smith at Makati City Jail. I strongly believe that Smith should be kept at Muntinlupa Bilibid Prison and 40 years is too long, 40 weeks should be long enough. In history, the first day of any convicted rapist in bilibid prison is to undergo lavativa then on the following day all the inmates will line in the que to have a go to the rapist until he passed out. because Smith is white boy all the inmates in bilibid prison will have a taste on what they called state side on which they never have in theyre intire life..
    Therefore, Daniel Smith is white and young all the bilibid inmates will enjoy theyre long stay inside the jail and then they will not escape from prison rather they will wait for another Daniel Smith.

  76. Stella says:

    I’m greatly hoping for a reversal of the verdict. It’s great to see that there are people out there who support Daniel Smith.

    This rape issue has turned into a heated political issue between the United States and the Philippines. It’s such a pity to see that the deep-rooted relations of these two countries is strained over this rape issue.

  77. mikeinmanila says:

    There is actually a group of people …
    JDS – I think they call themselves. I saw several storys on the this local media here in Manila.
    Tuesday night they held a prayer vigil and sang christmas songs for him and other detainees at the jail.

    here’s the contact info for this group:

    JDS through telephone numbers 0919-8353728 , 0197-9016592, and email the group at justice_for_dan@yahoo.com and justice4dan@hotmail.com.

  78. kaira says:

    I am pro Smith too.. I hope Ponzon’s verdict will be reversed..

  79. fromcebu says:

    daniel smith’s supporters are indeed numerous. they were silent at first but after US Marine’s conviction, that’s the time they speak-up. i had monitor some websites about the case, most comments are anti-nicole.
    i also made survey together with my classmates, 9 out of 10 expressed their symphaty to smith. the remaining 1 constitute those who are not sure who telling the truth. quite similar to your survey.

  80. Torn says:

    ParFilipinoAmericanas:
    It’s Judge POZON, byt he way 🙂 Come to think of it, if Nicole lost, she would say exactly the same thing, don’t you think so! 🙂

    Joy Amante:

    You are correct! I too was really surprised of the overwhelming the support for Daniel especially on the Youtube Video (but I have to delete all comments because I thought it went over accepted norms of publication; I disabled the comments there already) Honestly for now, I am bent to beleive that Daniel will eventually be freed especially when the people behind Nicole will not remain as vigilant as they are now. Isn’t it that ‘ningas-cogon’ (if you still know what it means 🙂 ) is still in the Filipino culture?

  81. Joy Amante - Bouchard says:

    I am really amazed that if I weigh the support for Nicole vs. Daniel Smith,Daniel has the most.Even Filipinos who are currently in the Philippines seem to be pro-Daniel,and so do I.There are a lot of Filipino-Americans who really do not believe Nicole’s story and the extreme bias attitude of Judge Pozon’s court.I personally think that-to understand this,one has to know “Philippine Justice”.
    I have relinquished my Filipino citizenship and never visit the Philippines.I married a USMC and we’re here w/ our children.Our friends who also have docked in the Philippines have outrageous stories about Filipino women in Subic-some of them very shameful and unbelievable.I’m sorry for these girls.FREE DANIEL!!!

    • weng says:

      some of the women really very shameful and so do some of the US marines and navies who have docked in Riviera Port , Subic….i did work there!!!!

      well, some of them, mostly the officers, were nice, though…..

      but the same, every woman deserves respect!!!!!!

  82. ParFilipinioAmericanas says:

    That’s the thing-whatever Judge PONZO was smoking that day surely did not make him any smarter.Maybe he hit his head on the way out the door his brain was shaken to the right-which is the more artistic side.Well,that figures…he loves drama!To Judge PONZO,We hope he will never preside a case like this again!What was he thinking.He should make a career change and go to retail!

  83. Torn says:

    stoxbnx3: You are right, not all of us appreciate the facts as established in Court. Generally now, all opinions are based on what they hear and what they perceive and (may be) not on what really happened (as per court records). I agree with you in one point, assuming that Nicole is what she is “described” to be, it is not a license for anyone to commit such felony. I little bit crazy, if it’s not Nicole’s fault, it’s the Judges’ mistake. Somebody has to be blamed for anything

    Errin: Thx for understanding why I have to bleep some of your previous words, (and the other comments) I just have to. I was really surprised by the overwhelming support for Daniel Smith (at least in this blog). I don’t know if you have read some of the comments in the Youtube Video (before I deleted for the same “offensive” words) but Youtubers are generally the youth and they openly express their support for Daniel.

  84. Errin says:

    Kudos to this Blogger for straightly expressing his views restrain in language.In that case,I have found some of my previous comment’s words bleeped.I sincerely apologize and I meant no harm.
    Yes,I do support Daniel Smith despite his conviction.I personally think 40 years does not fit the “crime” as Nicole contributed to this with her own behavior.I understand she was with her sister/s that night.Why didn’t they stop her from going on her own?The way I look at it,she got pissed off because she was put out of the van.
    This verdict is very impartial-maybe that’s why Smith has supporters…and it’s growing.And as long as there are people who believe that it is not fair to Mr. Smith,and believe that “Nicole” has something to do with it,Daniel will have supporters.

  85. stoxbnx3 says:

    it’s in our culture. rape victims have always been blamed for what became of them. nicole’s case was worse because she was in a club, which of course, didnt give smith the right to force himself on her. i noticed that those who judge nicole are those who do not really know the facts of the case. they hear one newscast, make opinions out of that, and go around defending their opinions to death.

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