Follow Up on the Subic Rape Case: Daniel Smith to Remain in Local Jail

On the latest development on her case, Nicole expressed in an interview on how she feels about Daniel Smith to remain in the custody of a local jail: “Tears of joy. Dalawang beses na dininig ng Diyos and prayers ko!” (Tears of Joy, the Lord heard my prayers twice already!)

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Judge Benjamin Pozon of RTC Branch 139 of Makati City, acting on a Motion of Daniel Smith to be transferred to the custody of the US Embassy, DENIED the motion. In summary and substance, the grounds for denial are the following:

1. Art. 5 Par. 6 of VFA (Visiting Forces Agreement) stating that any accused US Servicemen shall remain in US Custody ‘during trial’ is no longer applicable because Daniel Smith have been (finally) convicted and the trial is done already. In case of appeal, he does not need to appear personally anymore, thus, he need not be in US custody any longer;

2. On the previous ‘Agreement’ between the US Embassy and the Department of Justice transferring Daniel Smith to the custody of the former, Judge Pozon said that this is not the kind of agreement stated in the VFA. If at all, it’s the President or the Department of Foreign Affairs who should have signed it; AND

3. Even if the previous agreement have merits, taking Daniel Smith into the custody of the US Embassy is not also allowed because undert he VFA, Daniel Smith must still be in Philippine facility.

It is noted that when Judge Pozon convicted Daniel Smith, The Secretary of Justice praised him for giving a ‘fair decision.’ However, now, it appears that the good Secretary vehemently disagrees with the Order for Daniel Smith to remain in the custody of a local jail. He even accused the Judge of favoring the ‘leftists’ (maybe referring to the non-governmental organizations supporting Nicole) and for being ignorant of the law! Read a news article reagarding Judge Pozon’s order for Danaiel Smith to remain in local jail HERE.

For now, the issue of who was telling the truth between Nicole and Daniel is set aside in the meantime. The new issue now is where should Daniel Smith remain in custody – an issue which is no longer between Nicole and Daniel, but more between the US and the Philippines. Indeed, the case does not end by the conviction of Daniel Smith. There is still a (very) long battle ahead, and whoever the parties will be shall be known as the story unfolds!

Postscript: Today (14 Dec 06), a day after Judge Pozon issued the subject Order, lawyers for Daniel Smith went to the Court of Appeals, appealing the Order of Judge Pozon and reiterating their previous prayer that Daniel Smith must be transferred to the custody of the US Embassy pending his appeal. Read related story here.

Related Topics Here: (Verdict on the Subic Rape Case); (There are supporters for Daniel Smith)

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139 Responses to Follow Up on the Subic Rape Case: Daniel Smith to Remain in Local Jail

  1. Sorry, aber das bezweifel ich ganz stark…Baer

  2. Lance Smith says:

    FUCK YOU GRACE SANTOS, PUTANG INA MO, MANGGGAMIT KA, PINERAHAN MO LANG AKO, PUTANG INA MO, MAMATAY KA NA PATI NA PAMILYA MO!!!

  3. 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

    nicole is living in the US, funny right!

  4. mrn says:

    daneil smith is not innocent!

  5. 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. I truly believe Cpl Smith is innocent.

  6. Michael Sanderlin says:

    I know Daniel Smith. I stood watch with him when this happened. He is innocent. He is a very kind and quiet person. I wasn’t with him when it went down, but I know him well enough to know he is innocent. I pray that he is okay now. Godspeed Smitty, be safe

  7. john doe says:

    all i know is you should give a chance daniel smith to go back in u.s.a bco’z u.s.a helping the philippines

  8. What does the forensic medicine represent? What its basic role? Whether there Are experts in this area? WBR LeoP

  9. Kitty says:

    Don’t judge me too harshly, says rape victim
    First posted 08:15:29 (Mla time) 2006-03-08
    Pennie Azarcon-dela Cruz
    Inquirer

    THE VISIT to the Subic Bay Freeport on Halloween night was supposed to be a family outing — until it turned into a nightmare.
    Two elder brothers had dropped off 22-year-old Nicole — not her real name — at a bar. According to the victim’s counsel, Evalyn Ursua, Nicole was accompanied by her 24-year-old half-sister and an American serviceman, a longtime family friend, while her 12-year-old sister stayed behind in the hotel.
    She felt totally at home in the bar with other US servicemen on furlough from a joint RP-US counterterrorism exercise in the Philippines.
    She grew up in a naval facility in Zamboanga, where her family runs a canteen frequented by US servicemen.
    After finishing her Management Accounting course at the Ateneo de Davao University and starting a nursing course, Nicole had decided to help out in the canteen.
    “I’m used to socializing with Americans so I felt safe and comfortable with them,” the daughter of a naval officer and a Philippine Navy employee yesterday told the Inquirer.
    Before the night was over on Nov. 1 last year, however, Nicole would accuse US Marines of dragging her into a rented van and raping her.
    Although four servicemen have been charged with gang rape and are now in the custody of the US Embassy, Nicole’s story has been met with general skepticism.
    Speculation is rife that she is a “good time girl” out to bleed the Americans for what some detractors described as “consensual sex.”
    Worse, when the case was pushed into the back burner by more urgent news headlines, radio commentators and columnists went to town with stories that Nicole and her family had been paid off to settle the case.
    Not a sex worker
    It became just too much for Nicole, who finally spoke to media “to correct impressions that I’m a sex worker who is in it for the money.”
    She vehemently denied the claims. “I am going to pursue the case until the guilty parties are convicted,” she vowed.
    It was a decision she had made immediately after the rape.
    “I just wanted to teach them a lesson,” she said, speaking in Filipino and English. “Not all women they meet are fair game.”
    It was only later that she realized how the case could hurt her and her family, “especially my mother,” she said, her voice breaking.
    Since the Nov. 1 incident, she has been staying in Manila. She sorely misses her family of 11 siblings. “This is the first and longest time I’ve been away from them,” she said.
    But she has accepted that she might eventually have to relocate to Manila, where her relative anonymity has preserved her privacy.
    In Zamboanga, where her family is quite prominent, people know about her case and talk about her. Some of her former classmates at the Ateneo have been interviewed on local radio.
    Not after money
    “I feel I can no longer walk the streets in Zamboanga,” she said. She feels embarrassed. Some friends pity her. “Other people look at me differently — like they think I’m only after money,” she said.
    What really hurt, she recounted, was the label “prostitute” that an American had thrown at her on national television during a women’s rally at the US Embassy to support her. “I’m the victim here. Why are they blaming me?”
    Online blogs about the case are as judgmental. “Even if she comes from a good family and graduated from a good school, she certainly lost her common sense when she stepped out with the six US Marines in that bar,” read a typical comment.
    “That is so unfair,” said Dr. June Pagaduan-Lopez, a psychiatry professor at the University of the Philippines College of Medicine and board member of the Sexual Violence Research Initiatives of the World Health Organization.
    “Why are we putting rape victims on trial here? Why are we asking only about their background? Why are we not looking at the record and background of the rapists as well?” she asked.
    Misconceptions
    Lopez, who has studied 112 rape cases at the Philippine General Hospital, said the Subic rape case again highlighted the common misconceptions that the public has about rape.
    “Foremost of these misconceptions is that rape could actually be consensual sex if the woman has no injuries,” she said. “But in 75 percent of rape cases, there are little or no signs of physical injuries.”
    Another myth is that rape only happens to loose women, Lopez said.
    “Rape happens across classes and ages.” This misconception often worsens the stigma attached to rape survivors, she said, adding:
    “That’s why most survivors relocate after the rape.”
    Again, contrary to popular perception, rapes are committed under circumstances where most women would feel safe.
    “Women are often raped at home, during dates, in places they would normally feel comfortable in,” Lopez said.
    Traumatic memory
    There is also the misconception that the women’s testimony must be “consistent.”
    “There is such a thing as traumatic memory which is not a chronological nor logical recall,” said Lopez.
    Fortunately, aside from counseling, there are ways to help rape victims cope, said Lopez.
    Together with the Women’s Legal Bureau, the Philippine Judicial Academy and the PGH Women’s Desk, Lopez is conducting a sensitization program for Regional Trial Court judges and personnel, and police officers.
    “First, it is important to reassure survivors about their physical health. That’s why rapes are classified as an emergency and survivors are given top priority so they can be screened immediately for injuries, possible infections and sexually transmitted diseases.”
    Next, she added: “It is important to instill in the woman’s mind that it was not her fault. Most survivors think that they brought about the rape because of something they did or did not do. They know that they would get blamed for it. In fact, women are more concerned about what their families or boyfriends or husbands would say so most of them would rather not report the rape itself.”
    Justice must be served
    Helping rape victims recover also requires that justice is served, Lopez said. But care must be taken so that the process is not traumatic, she said. In most cases, the victims feel they’re on trial themselves.
    Nicole said she was ready for all that. “I am only fighting for my dignity and that of my family,” she said. “I just hope people would support me in this struggle. Please don’t judge me too harshly. I’m only seeking justice.”

  10. Kitty says:

    Timoteo Soriano, an employee of Starways Travel and Tours who drove the blue Starex van with license plates WKF-162 used by the suspects, said in his sworn statement he “saw how those US Marines mercilessly raped the girl inside the van. It was really horrible.”
    Court records show that medico-legal officer Dr. Rolando Marfel Ortiz II conducted the medical examination of the victim prior to the filing of rape charges.
    In a phone interview with The STAR, Ortiz said the victim sustained bruises and contusions on several parts of her body and indications of “probable” penetration on the vaginal wall.
    Ortiz said he is “willing to testify in court and that will be the only time I will reveal my professional opinion and observations based on the conduct of my medical examination (of) the victim.”
    A statement released by the Subic Bay Metropolitan Authority (SBMA) disclosed that the Department of Justice and the DFA have taken over the investigation into the alleged rape incident.
    The statement quoted SBMA chairman Feliciano Salonga and administrator Armand Areza as saying that “the SBMA has already assisted the victim in terms of providing proper medical attention and legal support.”
    Initial investigation conducted by the SBMA Intelligence and Investigation Office showed that on Nov. 1 at 9 p.m., the victim had gone “barhopping” inside the freeport with her stepsister, an unidentified US serviceman and a certain Garcia.
    While inside the Neptune Club and KTV Bar, the victim was befriended by a US Marine who was spending his rest and recreation privileges with other US servicemen.
    The suspect allegedly invited the victim to go to another place in the freeport along with four other US Marines. The victim agreed and left her companions inside the bar. She went out with the suspects, and boarded a rented van parked in front of the establishment.
    Hours later, witnesses saw the suspects dumping the unconscious victim out of a van along a dimly lit area near the waterfront road.
    Responding SBMA security personnel went to the scene and brought the victim to the Law Enforcement Department office.
    The victim complained of pains all over her body, including her genitals, and was brought to the James L. Gordon Memorial Hospital in Olongapo City for medico-legal examination.
    SBMA deputy administrator Jose Calimlim said the commander of the five Marines initially wanted to take them back to their base in Okinawa, Japan but Philippine authorities insisted they be left behind to face investigation.
    Philippine National Police deputy spokesman Senior Superintendent Herminigilda Salangad said the PNP will assist the SBMA police in its investigation of the rape case. STAR Nov. 5, 2005

  11. Kitty says:

    US prober says Marine admitted having sex with victim
    Malaya
    June 15,2006
    BY ASHZEL HACHERO
    A US Navy investigator yesterday testified at the trial of Subic rape case before a Makati court that one of the four accused US Marines admitted he had sex with the 22-year-old alleged victim.
    Guy Papageorge, a special agent of the Naval Criminal Investigative Service (NCIS), said Lance Corp. Daniel Smith admitted he “had sexual intercourse with a Filipina woman inside a van and that the other accused cheered him on.”
    Papageorge said this was what Smith told him during the interrogation in the morning of Nov. 3, 2005 inside the USS Essex.
    The NCIS agent also took the statement of S/Sgt. Chad Carpentier.
    The two along with Lance Corporals Keith Silkwood and Dominic Duplantis were accused of participating in the assault against the victim “Nicole.”
    Papageorge said prior to interviewing the two accused, he informed them of their rights which they said they understood.
    The four were part of the 31sth Marine Expeditionary Force that took part in joint military exercises with their Philippine counterparts when the incident took place.
    Papageorge said that when he interviewed Carpentier on the ship, the latter said he saw Smith with the woman inside the Neptune Bar at the Subic Bay Freeport Zone before midnight of Nov. 1, 2005 and that he authorized Smith to bring the woman to the waiting Starex van as their temporary liberty was about to elapse.
    “Carpentier told me he saw Smith dancing with a Filipina woman inside the bar and that he later saw her sitting on his lap and they were kissing,” Papageorge said.
    But the defense panel noticed inconsistencies in the prosecution’s case as Papageorge said during cross examination that another NCIS agent, Tony Ramos, told him that “Nicole” said it was another US Marine, a certain Reynolds who she was dancing with.
    Reynolds was identified in the line-up at the SBMA Law Enforcement Division by “Nicole” and by her US serviceman-friend Christopher Mills.
    Mills was later quoted as saying on the NCIS report that he was 99.9 percent sure it was another Marine, a Reynolds, who had been dancing with “Nicole.”
    Timoteo Soriano, the van’s driver, could not identify Reynolds as one of his passengers.
    The defense also questioned Papageorge on Soriano’s affidavit where he said that it was “Nicole” who uttered the phrase “I’m done” after the alleged sexual act. The prosecution said it was Smith.
    Private prosecutor Evalyn Ursua said it was understandable if the complainant made some “mistakes” adding that what is important is that Smith admitted he had intercourse with the complainant.
    But defense lawyer Jose Justiniano said Papageorge’s testimony is “irrelevant” as it consisted merely of “hearsay that has no probative value in the case.”
    Judge Benjamin Pozon reprimanded another defense lawyer, Enrico Uyehara, for conducting an advance interview of Papageorge early yesterday, saying it constitutes an “unfair and improper act.”
    “Attorney Uyehara, the Court strongly directs you not to do this again. If you want to interview the witness you should inform and seek the permission of the prosecution,” Pozon said.
    Papageorge told prosecutor Emelie de los Santos that a deputy of Uyehara called him at the US Embassy and they talked about certain things pertaining to what the witness was going say while the accused was in a nearby room.
    The prosecution is set to present today two more NCIS agents, Ramos and Brian Curley, to testify on the findings of their investigation.
    The NCIS reports will be used in the case against the accused in a US military tribunal convened by their unit’s commander at Okinawa.

  12. Kitty says:

    Witness is lying—prosecutor
    October 5th, 2006 at 2:46 pm (Court Proceedings)
    Thursday, Sept. 21, 2006
    The public lawyer who cross-examined today one of the four accused in the Subic rape trial alleged that the witness was lying.
    Senior prosecutor Emilie Fe delos Santos repeatedly cited instances where Lance Corporal Keith Silkwood supposedly lied to the court to save co-accused and prime suspect L/Cpl Daniel Smith.
    Smith purportedly raped a 22-year-old Filipina in a moving van while Silkwood, L/Cpl Dominic Duplantis and Staff Sergeant Chad Carpentier egged him on.
    Delos Santos noted that Silkwood left out some information in the counter-affidavit he submitted during the preliminary investigation of the case. She also accused Silkwood of giving the court a “false and fabricated testimony.”
    On direct examination by his lawyer, Jose Justiniano, Silkwood testified that at 1 p.m. of November 1, 2005, he disembarked the USS Essex with Smith as his liberty buddy.
    Silkwood defined liberty buddy as someone you sign out with and look after to during liberty period.
    He said he, Smith and other US Marines went to a market to withdraw money but since the automated teller machines there were offline, they proceeded to a nearby casino where they could get cash.
    The casino was too crowded so they transferred to another one just across the street. They gambled and drank there until 7 p.m. then went to Dewey’s bar and stayed there for two to three hours.
    They proceeded to Neptune club around 9:30-10 p.m. and occupied a table near the dance floor. Around 11:30 p.m., he met Carpentier who told him to round up some Marines so they could get back to the ship in time for their 12 midnight curfew.
    Silkwood started to look for Marines and consequently ran into Duplantis and Smith. He saw that Smith was “talking and flirting” with a Filipina, which he later identified as Nicole.
    Nicole, Silkwood said, was sitting on Smith’s lap. She was in a slouched position with her back against Smith’s chest.
    Silkwood then relayed to Smith what Carpentier said and then he started to walk out of the club. Duplantis, Smith and Nicole followed. They walked to the van but it was locked and the driver, Timoteo Soriano, wasn’t there.
    When Soriano arrived, he entered the van and unlocked all doors. Smith opened the side door and Nicole got in. They then occupied the backseat. Duplantis and Silkwood took the middle row while Carpentier sat next to Soriano.
    In the van, Smith and Nicole were “kissing and being flirtatious and kind of making out.” Silkwood said he didn’t do anything about it because he thought it was just a “normal lovemaking.”
    He also said that they pulled over near a Yellow Cab pizza parlor because they saw two Marines, Cpl. Corey Burris and L/Cpl. Albert Lara. Burris and Lara approached the van and opened the side door.
    Silkwood added that he and Lara laughed at Duplantis who was so drunk that time. He continued that Burris and Lara did not board the van because it was full.
    He further recounted that after the side door closed, he heard Smith told Nicole that “he wouldn’t be able to finish.” Nicole then supposedly asked, “Are you done already?” and Smith repeated what he said. Silkwood said he quit listening after that.
    He continued that the van stopped at the main pathway to the ship. The place was crowded and around 20-30 people were there.
    Duplantis exited the van first, then Silkwood, followed by Nicole and Smith. Smith assisted Nicole, whose pants were still “mid-thigh low.”
    At this point, Justiniano asked Silkwood about Joseph Khonghun’s testimony that Nicole was carried out of the van like a pig. Silkwood denied it and the allegation that he held a beer bottle and poured out its content on the sidewalk.
    He then said that leaving Nicole behind, the three of them walked towards the ship and got there a few minutes past 12. Smith was the first to arrive, then himself and Duplantis.
    Meanwhile, on cross-examination, Silkwood narrated that in the middle of their ride, he saw movements at the backseat.
    “Next thing I know, the girl was lying on her back and Smith was halfway on top of her,” he said, adding that he saw this only through his peripheral vision. He neither glanced at nor watched them, he continued.
    Silkwood also said that he thought it was not a “big deal” so he didn’t tell anyone in the van about it. “It wasn’t my business,” he added.
    Delos Santos asked Silkwood if he talked with Burris and Lara. Silkwood said no, prompting the prosecutor to comment that he was lying because he testified earlier that he joked with them about Duplantis.
    She also pointed out that Silkwood did not state in his counter-affidavit what he told US Naval Criminal Investigative Service agent Bruce Warshawsky during an interview at Mandarin Hotel in Makati.
    Quoting from Silkwood’s statement to the NCIS, delos Santos read that Burris and Lara exclaimed ‘Oh my gosh! This is happening?’ when they saw Smith having sex at the backseat of the van.
    Delos Santos said that the noninclusion of this information showed that Silkwood was lying.”
    She also charged Silkwood of “deliberately omit(ting)” it because it would not help him and the other accused.
    Silkwood denied the allegation. He said it was not intentional and he thought it was not important.
    Delos Santos reminded Silkwood that he was under oath when he executed the statement. Silkwood then countered, “There are no lies in there, maam.”
    He further testified that when they reached the pier, someone shouted, “Get that bitch out of the van!” though he was not certain if it was he.
    He also said that when Nicole alighted from the van, she sat down on the curb and started yelling, “I’m not a bitch!”
    He added that he noticed Nicole having difficulty pulling up her pants. He said he thought either “Nicole was too drunk or she was just having a hard time.”
    Meanwhile, delos Santos made Silkwood admit that he had not met Khonghun prior to the latter’s testimony in court and that Silkwood had no ill feelings against him.
    Delos Santos pointed out that if Khonghun had no reason at all to testify against Silkwood, then Silkwood’s testimony must be “false and fabricated.”
    Then referring to Silkwood’s earlier statement that what he saw was a “normal lovemaking,” delos Santos asked: “Do you think having sex at the backseat of a van in full view of other passengers normal?”
    Silkwood answered that it appeared to him to be so and that he was not thinking of the location when he said that.
    Laying the basis for her next question, delos Santos reiterated Silkwood’s testimony that during liberty, he was obliged to remain with and protect his liberty buddy.
    “Because you are buddies, you cannot take a position different from accused Smith,” delos Santos said.
    Justiniano rose to object, but Pozon only ruled that delos Santos specify what she meant by “position.”
    “You said that you have to protect your buddy during liberty. Now that all of you are accused of this case, you can’t testify against them,” she continued.
    Silkwood again denied the allegation, saying “I can do what I wanna do.”
    For her last question, delos Santos asked if Silkwood knew why Nicole would file a rape complaint against them. Silkwood said he could only guess but he didn’t know for sure.
    Meanwhile, upon Pozon’s questioning, Silkwood recounted that he did not see Carpentier alight the van when they were dropped off near where the ship was docked.
    Silkwood continued that the van left shortly after they got out of it. He also said that he did not see anybody milling around the van or giving serious attention to Nicole.
    He also admitted that he consumed around four bottles of beer that night but he was not drunk. He added that it was Duplantis who was the “most drunk” among the four of them. Duplantis, he said, had his head bowed down almost all throughout the ride.
    Pozon then asked Silkwood if he saw any resistance from Nicole when she was still in the van.
    Silkwood said Nicole did not struggle or scream. She did not punch or kick Smith, or prevent Smith from making love to her, he added.
    He also said that based on what he saw, the intercourse was with consent from Nicole. He continued that Nicole was not mad at anyone of them, not even at Smith.
    When asked again why Nicole would file a case against them, Silkwood said “Maybe she got upset of that bitch part… Maybe she was put in a situation and somehow it was easier for her to say she was raped.”
    Pozon also clarified if there had been any trouble between them and the two security guards at Neptune or between Soriano and the guards.
    Security guards Tomas Corpus, Jr. and Gerald Muyot testified that they saw Smith carried Nicole to the van in piggyback style. Their testimonies contradicted Smith’s and Silkwood’s statement that Nicole got into the van on her own.
    Silkwood answered negative to both, adding that they even gave tips to Corpus and Muyot.
    Pozon then asked: “Why should the guards testify differently as to how Nicole boarded the van?”
    Silkwood said he had no idea.

  13. Kitty says:

    ‘Most drunk’ GI’s tale another lie—prosecutor
    October 5th, 2006 at 2:46 pm (Court Proceedings)
    Friday, Sept. 22, 2006
    The prosecutor, who grilled today the fourth accused US Marine to take the stand in the Subic rape trial, dismissed the testimony as another lie.
    Echoing her remark about yesterday’s witness, lawyer Emilie Fe delos Santos head of the prosecution panel, said Lance Corporal Dominic Duplantis lied to the court to protect his co-defendants.
    Delos Santos yesterday accused L/Cpl Keith Silkwood of lying for the sake of his liberty buddy L/Cpl Daniel Smith.
    The three, along with Staff Sergeant Chad Carpentier, are charged of raping a Filipina, known in court as “Nicole,” inside a moving van cruising along Subic Bay Freeport on November 1 last year.
    Delos Santos tried to establish that Duplantis was too drunk to have remembered the events that took place on the night the supposed rape occurred.
    Upon delos Santos’s questioning, Duplantis admitted that he had a maximum of 13 bottles and cups of beer that night, enough to make him the “most drunk” among the four.
    “He was lying. How could he recall those things if he was drunk?” delos Santos said.
    During the hearing, Duplantis testified that on November 1, he signed out with his liberty buddy then went to a casino where he had three bottles of beer. They stayed there for about three hours.
    At 6 p.m., his buddy had to return to the ship and sign in for work, but Duplantis went with Silkwood and Smith to Subic Diamond casino where he drank two to three mugs of draft beer.
    They then proceeded to Dewey’s bar with Cpl. Corey Burris and L/Cpl. Albert Lara. They drank, danced and sang, and Duplantis downed another two to three bottles of beer.
    Around 10:30 p.m., the group went to Neptune Club and “enjoyed the night”. Duplantis said he had three to four rounds of beer. He was also “moving around” the club so he wasn’t able to observe what other Marines were doing.
    An hour later, Duplantis saw Carpentier rounding up Marines and instructing them to go back to their ship, the USS Essex, docked at Subic Bay, in time for their midnight curfew.
    Duplantis boarded a van together with Carpentier, Silkwood, Smith and Smith’s female companion, whom he saw for the first time.
    He then said that during the ride, he “noticed things happening in the van” but he did not think it was “unusual”.
    He added that he heard noises from the rear of the van and thought that Smith and the female, whom he identified as Nicole, were being “actively involved with each other”.
    “I could hear moaning, kissing and laughter at the back,” Duplantis said.
    He further testified that halfway through their trip, the van stopped because they saw Lara and Burris walking near a Yellow Cab pizza parlor. He added that he remembered “laughing and clowning about” with the two when they approached the van.
    Duplantis continued that after about five minutes, the van speeded to the dock. Burris and Lara did not ride with them because the van was fully occupied.
    When they reached the dock, Duplantis said he alighted from the van and walked towards the ship. Silkwood and Smith had to catch up with him. Silkwood then aided him in walking.
    As for Nicole, Duplantis said he assumed that she got out of the van, too.
    Duplantis also narrated that two days later, he was told to pack up and leave the ship. He said he didn’t know why, adding that he was just told by Burris that six of them were accused of gang rape.
    On cross-examination, delos Santos asked Duplantis: “You were the most drunk among the group and yet you vividly recalled what happened in the van?”
    Duplantis countered that he only testified to what he remembered.
    Delos Santos also asked if Duplantis read the affidavit that Silkwood submitted for the preliminary investigation of the case.
    When Duplantis answered in the affirmative, the prosecutor commented, “You have the same version of the story.”
    Then repeating her yesterday’s tack, de los Santos asked Duplantis why Joseph Khonghun would testify against them and why Nicole would accuse them of rape.
    Khonghun, a prosecution witness, have stated that Silkwood and Smith carried Nicole out of the van like a pig. His testimony ran counter to the claim of the four accused that Nicole alighted the van by herself.
    Duplantis answered that maybe Khonghun’s perception of what happened was “not the truth”. As for Nicole, he said he “can’t say for a fact what her reasons are”.
    Ending the cross-examination, delos Santos threw a sarcastic reply: “Thank you for telling your story to the Marines.”
    Meanwhile, defense lawyers said they would present a female witness on Thursday but declined to name her immediately because she might be dissuaded from testifying. Ricardo Diaz, Smith’s counsel, also promised that the defense would rest its case if it fails to present the said witness on Thursday.
    Prosecutors objected, saying the rules of pretrial should be followed strictly. They cited their agreement with the defense that no “surprise witnesses” should be presented.
    However, Judge Benjamin Pozon granted the defense’s appeal and allowed it to identify its witness on Monday.
    Pozon then read Nicole’s and private prosecutor Evalyn Ursua’s manifestation of claim that they had “completely lost trust and confidence in the state prosecutors”.
    Nicole had claimed that the prosecutors handling her case are “incompetent” and that they refused help from Ursua during the cross-examination of Smith. Nicole consequently asked the justice department last week for a replacement of four of the five public lawyers.
    Yet, DOJ Secretary Raul Gonzales ruled that the public prosecutors should stay with the case. Nevertheless, he allowed Ursua “active participation” in the hearing.
    “Ursua was not disallowed to participate. They were the ones who walked out and held a press conference saying they don’t want to participate anymore. We are ready to fight for this case to the end,” said delos Santos
    Delos Santos added that even if Ursua may now actively participate, she is still under the control of state prosecutors.
    Meanwhile, at exactly 12 noon today, Nicole blew a candle on her birthday cake bearing the message, “Justice for Nicole, Justice for Our Nation.”
    Surrounded by her supporters outside Makati Regional Trial Court where the rape trial is being conducted, Nicole, who turned 23, wished for justice and inner strength.

  14. Kitty says:

    Doc admits lack of injuries can still prove rape
    October 5th, 2006 at 2:47 pm (Court Proceedings)
    Monday, Sept. 25, 2006
    A doctor, who testified last Monday that Nicole sustained no injuries significant to prove rape, acknowledged today that lack of physical injuries on the victim does not necessarily rule out sexual assault.
    Defense’s expert witness Dr. Teresita Sanchez agreed with prosecutor Hazel Valdez when the latter quoted a book saying, “Evidence of injury is not essential for the prosecution of a rape case.”
    Sanchez, an obstetrician-gynecologist, further admitted that depending on some factors, rape might not cause external injuries to the victim.
    The doctor also confirmed she testified on direct examination that the absence of injuries in Nicole’s inner thighs and inner knees made her doubt that Nicole was raped.
    “Nicole is susceptible to contusions. There should be contusions in her inner knees and inner thighs because you force the knees apart [for rape to be committed],” Sanchez explained.
    Judge Benjamin Pozon interjected, telling Sanchez that she had no basis in saying that Nicole is prone to bruises.
    “My basis is the medico-legal findings. It was my assurance that Nicole was susceptible to contusions,” the doctor said.
    Sanchez was referring to the findings of Dr. Rolando Ortiz, II who examined Nicole two days after the alleged rape. Ortiz stated that Nicole had bruises on her right wrist, her upper left arm, her legs and her genital area.
    Valdez then tried to establish that owing to Nicole’s drunken state, she would not be able to thwart the advances of prime suspect Lance Corporal Daniel Smith thereby reducing the chances of her getting injured.
    However, Sanchez said that if Nicole was dead drunk, her legs would be heavy so one would have to use force to keep her legs apart.
    Valdez attacked the doctor’s testimony, saying it was merely based on theories considering Sanchez did not know the “factual circumstances” surrounding the case – that Nicole only managed to push Smith slightly because she was very weak and dizzy.
    Valdez then made Sanchez, also a lawyer, agree that based on the Revise Penal Code, rape is committed not only through the use of force.
    Smith’s counsel, Ricardo Diaz, objected, saying that Valdez was asking for the legal opinion of the witness. He added that Sanchez was not testifying as a lawyer.
    The prosecutor reformulated her question and asked instead if the force needed to abduct a pair of legs of a dead drunk is lesser than that of a resisting victim.
    Sanchez said she wouldn’t be able to determine it because there are “many factors and variable involved.”
    Valdez then attempted to make Sanchez agree with her that it is less likely for a dead drunk to sustain injuries than someone who resists sexual attack, but Sanchez simply said she would not know.
    Sanchez also countered the prosecutor’s argument that a dead drunk’s form of resistance against sexual attack could only be through the heaviness of the legs. The doctor explained that the reflex of that person would be “to close the legs, rather than to open them.”
    Valdez changed tack, pointing out that this is the first time for Sanchez to testify on a rape case involving a dead drunk victim.
    The doctor admitted that of the five-seven cases of sexual assault that she testified on, none involved a non-resisting dead drunk victim. She added that the victims she has dealt with either resisted the assault or were too young to resist.
    Valdez then ended the cross-examination with Sanchez concurring it is “possible that rape was committed even with the absence of external injuries.”
    Valdez had asked Pozon last Monday for more time to prepare for the grilling of Sanchez, who also had training in forensics and toxicology.
    Before today’s hearing started, the prosecutor conferred with Dr. Raquel Fortun, the forensic pathologist who testified as expert witness for the prosecution. Fortun sat beside Valdez all throughout the hearing.
    Meanwhile, earlier during the cross-examination, Valdez rebutted the claim of Sanchez that a blood alcohol concentration (BAC) of 400 mg/dL-500 mg/dL (milligrams per deciliter) could already cause coma or death to a person.
    Nicole’s BAC, per computation of six toxicologists from the Philippine General Hospital, was approximately 445.2 mg/dL.
    Valdex also dismissed Sanchez’ statement as theoretical, saying that the doctor merely used the information she read from the book “Medico-Legal Investigation of Death.”
    Valdez continued that the doctor have neither read the transcript of testimonies of those who witnessed how drunk Nicole was on the night of the alleged rape nor conducted an independent study on Nicole’s “drunkenness and behavior.”
    Sanchez admitted that she only read the testimonies of Fortun and Dr. Kenneth Go, one of the toxicologists from PGH, and that she didn’t make a computation or correlation of the drunkenness and behavior of Nicole.
    “I didn’t do an independent study because I lacked the facts. I personally know Dr. Go so I relied my analysis on his study,” Sanchez explained.
    Valdez then attacked the doctor’s testimony regarding the deep healed lacerations in Nicole’s genitalia. Sanchez stated during direct examination that the said lacerations could have been caused by previous sexual intercourse.
    Valdez pointed out, and Sanchez agreed, that lacerations could also result from reasons other than sex i.e. trauma during childhood, biking, etc.

  15. Kitty says:

    Task Force Subic Rape hails Prosecutor Hazel Valdez for speaking out on the cancellation of the rebuttal
    October 8th, 2006 at 1:25 pm (Press Releases)
    Press Release
    October 6, 2006
    The Task Force Subic Rape commends Prosecutor Valdez’ for her courage to speak about her displeasure over the events that led to the arbitrary cancellation the rebuttal which abruptly ended the trial of US servicemen for the rape of Nicole.
    Said Yuen Abana, TFSR Co-Coordinator: “This is a moral victory for Nicole , all other victims of rape and her growing number of supporters. Prosecutor Valdez’ act of crossing the line speaks for her integrity and conscience.” She said this amidst joyful cheers of TFSR members while watching the television interview.
    On October 5, 2006 Task Force Subic Rape members watched State Prosecutor Hazel Valdez appear on ANC TV. She spoke about her reservations on the cancellation of the rebuttal by the prosecution on the evidence of the defense. Naval Criminal Investigation Service (NCIS) agents Guy Papageorge and Tony Ramos were scheduled to appear on October 5 and 6 to rebut the testimonies of Smith and Carpentier that they were misquoted in the NCIS report. Said report that had results of interrogation of the accused right after the incident stands as strong evidence that rape and not consensual sex transpired.
    According to Valdez she was being accused by de los Santos of colluding with the private prosecutor of Nicole, Atty. Evalyn Ursua. That was after she was given the task by de los Santos to talk to Ursua about Nicole’s appearance in the rebuttal to which they were open. She proceeded with the orders and hasn’t gotten back yet to de los Santos on Nicole’s response when she realized that the rebuttal was already cancelled without her knowledge and without consulting her on this major decision. When asked how she will face her superiors on this, she said she bears the consequence of her revelations.
    TFSR members have attended the hearings and have witnessed how Prosecutor Valdez’ stood out as a contentious and hard working prosecutor. They knew from the start that Nicole and her family’s loss of trust and confidence on the prosecution panel did not at all include her. It was Senior Prosecutor Emilie de los Santos who as the head of the panel of state prosecutors made the decisions for the panel.
    TFSR is a women-led coalition of 17 organizations committed to the realization of justice for Nicole and justice for our nation.

  16. Kitty says:

    Filipina was with GIs on night of alleged rape–US prober

    First posted 04:19pm (Mla time) June 05, 2006
    By Tetch Torres, Teresa Cerojano
    INQ7.net, Associated Press

    (UPDATE) THE DRIVER of a van where four US Marines allegedly raped a Filipina last year told a US Navy investigator that the servicemen were with the woman on the night of the alleged crime, the investigator testified Monday.
    Navy Criminal Investigation Service (NCIS) agent Ronald Veltz told the Makati Regional Trial Court that Timoteo Soriano, the Filipino driver, even drew a sketch showing Lamce Corporal Daniel Smith and the 22-year-old woman seated at the back of the van on the night of Nov. 1, 2005.
    Staff Sergeant Chad Carpentier was in the front passenger seat, Lance Corporals Keith Silkwood and Dominic Duplantis were sitting in the middle, while Smith and the woman were at the back, Veltz quoted Soriano as saying.
    The Marines, members of the 31st Marine Expeditionary Force stationed on the southern Japanese island of Okinawa, have denied the charge of rape, which carries up to 40 years in prison.

    But in a cross examination by defense lawyer Jose Justiniano, Veltz, who read portions of his report, also said that the victim had “consensual sex” with Smith inside a van, which the suspects had used in going to the Neptune Bar where they met the victim and in going back to the USS Essex ahead of a curfew imposed by their ship.
    Veltz, whom the prosecution had presented to establish the identities of the accused, also explained that the NCIS was a primary law enforcement and counterintelligence arm of the US Navy that investigated major criminal offenses like homicide, rape, espionage, and fraud involving personnel of the US Navy or Marine Corps.
    Justiniano said Veltz’s report was clear: that there was no rape and that the type of place, the Neptune Bar, where the victim was seen, had put a dent on her credibility.
    Evalyn Ursua, a lawyer for the woman, said Veltz would continue his testimony later this week, during which other US Navy investigators were expected to testify about Smith’s statement admitting that he had consensual sex with the woman, identified only as “Nicole.”
    Ursua said she was given a copy of the statement by Navy investigators.
    “He had admitted that he had sex, that’s important. He says it’s consensual, but that’s his claim,” Ursua told the Associated Press.
    The Marines had finished counterterrorism maneuvers with Filipino troops when the alleged rape occurred at the former US Subic Bay Naval base near Olongapo city, west of Manila.
    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.
    During cross-examination, defense lawyers asked Muyot if he did not need corrective eyeglasses, why he left his logbook with another guard, if he was offered money by a television network for an interview, and why he did not jot down on his logbook that a drunk woman was carried by Smith to the van.
    Muyot said he did not need glasses, denied he was offered money by media, and did not note the incident “because I only had a gut feel that something was wrong and I did not know that it would result to this.”
    At one point during Muyot’s testimony, the woman broke down in tears.
    But Ursua said Muyot’s testimony was consistent and the defense’s counsel failed to destroy his credibility.
    “The witness is consistent. Even if they will be able to produce the logbook, that is not vital,” Ursua said.

    Ursua said they would present about 40 witnesses, which would take about a month.
    Meanwhile, presiding Judge Benjamin Pozon of Makati RTC’s Branch 139 will subpoena the van allegedly used by the US servicemen.
    Defense counsel Jose Justiniano insisted that it was necessary for Muyot to demonstrate how Smith allegedly carried the Filipina to the van.
    Pozon said they would also invite an expert on vehicles to determine whether the van that was allegedly used in the crime was altered.
    “We will subpoena the van that was used. [But] we will ask an expert to see if there are alterations made,” Pozon said.
    “If there are alterations, we will not allow the demonstration,” Pozon said.

  17. Kitty says:

    Lawyers argue: Would a rapist use a condom?

    First posted 01:21am (Mla time) June 10, 2006
    By Volt Contreras, Tarra V. Quismundo
    Inquirer

    Editor’s Note: Published on page A1 of the June 10, 2006 issue of the Philippine Daily Inquirer
    WOULD a rapist use a condom?
    The lawyers of the four US Marines accused of raping a Filipino woman raised the question yesterday to reporters after a prosecution witness recalled having recovered a “used condom” in the parking lot where “Nicole” was dumped by her alleged abusers.
    But in a separate interview, private prosecutor Evalyn Ursua had a snappy reply to the question: Yes, rape can be committed even by someone who’s mindful of “safe sex.”
    The off-court exchange followed the testimony of Subic Bay Freeport security officer Jaime Avila Jr., who recounted in direct examination before Judge Benjamin Pozon of the Makati Regional Trial Court Branch 139 how he saw and picked up “evidence’” of “possible molestation.”
    On cross-examination, Avila conceded that he could not tell where the condom came from, and that the idea that it could have been used in an act of sexual abuse was just suggested to him by “bystanders” who had gathered around the spot at the Subic
    Bay Metropolitan Authority complex.
    Avila’s narrative appeared to support the earlier account of businessman Joseph Khonghun, another prosecution witness. Khonghun told the court on Thursday that he saw Nicole being taken out of a van by two of the accused Americans who held her by the legs and torso, with her pants pulled down and a “filthy condom” caught in her panty garter.
    Possible evidence
    Avila, a member of the SBMA bike patrol, said he spotted the condom on the ground “not far from the spot” where he saw Nicole weeping and embracing his fellow security officer, Noel Paule, at around 12:15 a.m. of Nov. 2, 2005, near the Telecom Building on Waterfront Road.
    Minutes earlier, Paule radioed him while he was doing his rounds on Jefferson Street and asked him to proceed to the Telecom Building, added Avila.
    When he got there, he saw Nicole and Paule, and about 50 onlookers.
    “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.
    Hearsay
    He 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.
    Under cross-examination by defense lawyers, Avila was made to admit that he had merely heard of the possible molestation from the bystanders and that he never saw the van itself.
    The lawyers again took a tack earlier used on Khonghun by asking Avila if he had heard Nicole ever mentioning rape.
    Avila said she just wept a lot and did not speak.
    Drawing strong objection from prosecutors and muffled laughter from the court audience, defense lawyer Benjamin Formoso asked Avila at one point: “Do you know who used the condom?”
    Formoso downplayed Avila’s testimony in an interview after the hearing: “[That there was a condom found] has nothing to do with rape. Will you still use a condom if you’re going to commit rape?”
    His co-counsel Jose Justiniano added in Filipino: “Can you easily commit rape if you have to put on a condom?”
    Told of these remarks, prosecutor Ursua countered that someone who had “planned” to commit rape would still think of safe sex.
    “It is not unusual for a rape to be committed using a condom,” she said.
    Distraught
    At the stand, Paule depicted Nicole as distraught, terrified and wasted when he saw her at the parking lot, her pants below her knees, front side back.
    “Sinubukan ko siya kausapin pero bigla niya ako niyakap, tapos sabi niya sa akin, paulit-ulit, ‘Dito ka lang, huwag mo ako iwan. Pag nalaman ito ng mama ko, papatayin niya ako. Sabi ko sa kanila, tama na, tama na, pero sige pa rin sila’ (I tried to talk to her but she suddenly embraced me, and told me repeatedly, ‘Stay here, don’t leave me. If my mama learns about this, she’ll kill me. I told them to stop but they kept at it’),” Paule said on direct examination.
    Paule was the first law enforcer to see Nicole at the pier minutes after Staff Sergeant Chad Brian Carpentier and Lance Corporals Keith Silkwood, Dominic Duplantis and Daniel Smith allegedly conspired to rape her on board the van.
    In her complaint, Nicole, 22, accused Smith of raping her at around 11:30 p.m. on Nov. 1, 2005, while Carpentier, Silkwood and Duplantis egged him on.
    Paule said he was passing the parking lot on patrol when he saw Nicole surrounded by around eight persons. (Khonghun had testified that he and seven companions approached the woman on seeing her distraught on the pavement.)
    “I asked her companions what happened to the woman. In my understanding, she was molested by the US servicemen,” Paule said.
    Asked to describe the woman when he saw her, Paule said: “Para siyang lantang gulay (Like a wilted vegetable).”
    Trip ticket
    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.”
    He said he became suspicious when Khonghun and company told him that the woman had been unloaded from a Starex van. He decided to keep it as evidence for a “possible rape case.”
    Paule said he then radioed for backup. Around three to five minutes later, a mobile patrol car from the SBMA Law Enforcement Department (LED) arrived, with three law enforcers on board.
    “We convinced the girl to board the patrol car. At first, she was hesitant, as if she was suffering from trauma. On our second try, she agreed to ride,” he said.
    But Nicole again ran to him, Paule said, and repeated her earlier plea: “Stay here, please don’t leave me. If my mama learns about this, she’ll kill me.”
    He said he finally convinced Nicole that she was safe with the LED, and succeeded in helping her into the pickup.
    They then drove to the Intelligence and Investigation Office, where Paule submitted a handwritten statement.
    The next day, he said, he submitted a sworn statement.
    On cross-examination, defense lawyers were again able to elicit from Paule an admission that Nicole “never mentioned rape” throughout the time she was with him.
    Justiniano also questioned Paule’s failure to include in his sworn statement what Nicole told him when he found her, including her repeated pleas for help.
    Reenactment
    On the defense’s request, prosecution witness Gerald Muyot, a security guard at the Neptune Bar, led a demonstration of how Daniel Smith supposedly loaded a barely conscious Nicole onto the van.
    A court employee roughly as tall as Smith and another of Nicole’s height and build played the role of the two during the reenactment, using the actual van (WKF-162) where the alleged rape occurred.
    Muyot had testified to seeing Smith carrying a drunken Nicole piggyback as they made their way out of the Neptune between 11 p.m. and 11:30 p.m. on Nov. 1, 2005.
    Judge Pozon also took the time to inspect the inside of the van, including the lights, switches and locks. On Justiniano’s request, measurements of the interior were made.
    “We were just after the space. We want to show that it was not possible for the incident to have happened with such limited space,” Justiniano said.

  18. Kitty says:

    Mother of alleged Subic rape victim vows to pursue case

    First posted 08:20pm (Mla time) Nov 09, 2005
    Associated Press

    Subscribe to Breaking News alerts, send ON EXTRA BREAKING to 2207 for Globe, or send EXTRA BREAKING to 386 for Smart.

    THE MOTHER of a Filipino woman allegedly raped by six US Marines who were in the country for counterterrorism exercises said Wednesday they will pursue the case and sought help from a lawmaker.
    The six US Marines have been summoned by a government prosecutor to reply to the allegation. The complaint said the woman was raped in a moving van on November 1 at the Subic Bay free port, a former US naval base about 80 kilometers northwest of Manila.
    In a letter to Senator Richard Gordon, who was an administrator of the free port, the woman’s mother said the family was “very much aware of the consequences that we have to face” but needed legal assistance and “professional help” to cope with the ordeal.
    Gordon said he has gotten three lawyers and the Red Cross to assist the woman.
    “The victim and her family can be rest assured that they will be given top brass and brilliant lawyers to make sure that truth and justice will prevail,” Gordon said.
    The mother wrote that her daughter’s ordeal of “living with fear, depression and humiliation is indeed very painful” and that she agonized watching her daughter’s “moments of torment and despair.”
    In an interview with GMA television, she said: “This is my daughter’s life, that’s why I will fight for it.”
    The US Embassy has refused to confirm the identities of the Marines or their unit, but promised to fully cooperate in the investigation.
    Also Wednesday, left-wing legislators filed a resolution seeking to abrogate the Visiting Forces Agreement with the United States, which allows American troops to train in the country and governs the treatment of those who run afoul of the law.
    The alleged assault has cast a shadow on annual war exercises, which have been credited with helping rout Muslim extremists.
    In their resolution, three representatives from the left-wing Bayan Muna party said stumbling blocks to victims seeking justice include a provision in the accord giving the US Embassy custody of erring American soldiers, and another saying judicial proceedings must be completed within a year –after that, the US government would be under no obligation to turn them over for proceedings.
    It also claimed Philippine sovereignty was undermined by the agreement by circumventing a constitutional ban on the presence of foreign troops and bases in the country.
    US Embassy spokesman Matthew Lussenhop has defended the accord, saying it has benefited security forces of both countries and provides the legal framework for incidents like the alleged rape.

  19. Kitty says:

    U.S. promises cooperation in Marines’ rape trial

    By Teresa Cerojano
    Associated Press
    MANILA, Philippines — The U.S. government on Thursday promised to cooperate with Philippine authorities in the trial of four Marines accused of raping a Filipino woman, but said the issue of diplomatic immunity prevented Navy investigators from testifying.
    Philippine prosecutors accused the embassy of holding up the proceedings and Judge Benjamin Pozon on Thursday gave until next Wednesday to allow the witnesses to appear in court.
    U.S. Naval Criminal Investigation Service agent Tony Ramos informed the court Thursday he was not authorized to testify, citing diplomatic immunity. But the judge threatened to hold him in contempt for refusing to testify and said he would ask the Foreign Affairs Department to clear up the situation.
    Before the embassy invoked diplomatic immunity, another Navy investigator, Ronald Veltz, testified Monday that the driver of a van in which the alleged rape occurred Nov. 1 told him that the servicemen were with the 22-year-old woman that night.
    The embassy said in a statement that the Navy’s preliminary report was provided to the prosecutor, “however, there are issues of diplomatic immunity … concerning the appearance and testimony of diplomatic personnel in court about which the U.S. Embassy and Department of Foreign Affairs are currently communicating.”
    It said the U.S. government has worked with Philippine authorities “under the precepts of the Visiting Forces Agreement throughout the investigation of this alleged incident, and will continue to do so through the completion of the judicial proceedings.”
    The 1999 agreement governs the conduct of American troops in the Philippines.
    Prosecutors allege Lance Cpl. Smith raped the woman inside the van, while the others — Lance Cpl. Keith Silkwood, Lance Cpl. Dominic Duplantis and Staff Sgt. Chad Carpentier — cheered him on. The Marines had just finished counterterrorism maneuvers with Philippine troops.
    The rape charges are punishable by up to 40 years in prison. The Marines have refused to answer the charges, and the judge entered a plea of innocent for them.
    Filipino businessman Joseph Khonghun, 51, testified Thursday that he saw the Marines leaving the van near 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 Marines left, a male bystander helped her 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.
    At that point, the alleged victim — identified only as “Nicole”— left the courtroom

  20. Kitty says:

    Defense drift: ‘Nicole’ wanted more sex

    First posted 04:16am (Mla time) June 16, 2006
    By Volt Contreras, Tarra V. Quismundo
    Inquirer

    Editor’s Note: Published on Page A1 of the June 16, 2006 issue of the Philippine Daily Inquirer
    THE US NAVY fact-finding report on the rape case against four American Marines, a series of documents presented as evidence by lawyers for the Filipino complainant, is proving to be a double-edged sword.
    From it, defense lawyers yesterday drew — and entered into trial records — excerpts portraying “Nicole,” the complainant, as a woman who “wanted more” from her supposed abuser, Lance Corporal Daniel Smith.
    Smith recounted the alleged rape that occurred at the Subic Bay Freeport on the night of Nov. 1, 2005, to a higher-ranking officer, US Marine spokesperson Captain Burrel Parmer.
    In turn, Parmer relayed it to the US Naval Criminal Investigative Service (NCIS) in an interview five days later.
    A portion attributed to Parmer in the NCIS report said: “Smith then said the girl told him to finish the intercourse and that she wanted more. She insisted verbally and physically to the point of pulling him back down.”
    Defense lawyers read out and highlighted these statements during their cross-examination of Brian Curley, the eighth prosecution witness and third NCIS agent to take the stand.
    But State Prosecutor Lagrimas Agaran would later have Curley state that Parmer was a “public affairs officer” of the US Marines.
    The NCIS conducted interviews with the suspects and several witnesses. Four of its agents have been subpoenaed by Judge Benjamin Pozon of the Makati Regional Trial Court Branch 139.
    Its report would serve as a basis for whatever charges the accused Marines — Lance Corporals Smith, Dominic Duplantis and Keith Silkwood and Staff Sergeant Chad Carpentier — may later face under US military law.
    Curley recalled interviewing Parmer on Nov. 6 at the Mandarin Hotel in Makati City.
    Defense lawyers Jose Justiniano (for Silkwood) and Francisco Rodrigo (for Carpentier) had the agent attest to Parmer’s interview as included in the NCIS report, mainly on what Smith had purportedly told Parmer.
    They also had Curley confirm that Parmer also spoke of having received a text message from Philippine Star reporter Ding Cervantes saying that the latter had “information that there was no rape in Subic,” and that the charge was “a mere ploy for the police to extort.”
    Lawyers Benjamin Formoso (for Smith) and Enrico Uyehara (for Duplantis) adopted the cross-examination conducted by their co-counsel.
    Procedural matters
    Curley’s direct examination, which was conducted by Agaran, mainly concerned procedural matters pertaining to the NCIS interviews.
    He recalled that the accused were told of the military equivalent of the Miranda Rights prior to the interviews, that they signed papers waiving their right to counsel, and that the NCIS got authorization to search and seize their personal belongings on their ship, the USS Essex.
    The defense lawyers apparently saw an opening and noted the absence of counsel when their clients were interviewed by the NCIS.
    This prompted an unresolved exchange between the two panels on whether Philippine legal or US military procedures should apply in that instance.
    ‘Napagdesisyunan ko’
    At one point in the hearing, Senior State Prosecutor Emilie Fe de los Santos was stopped from pursuing a clarification with her witness after the defense accused her of “impeaching her own witness.”
    In redirect examination, De los Santos asked Antonio Ramos, a Filipino-American special agent at the NCIS, if he thought his translation of “napagdesisyunan ko (I decided)” into “I was forced to” was accurate.
    The line was part of Ramos’ English translation of the recantation of Timoteo Soriano Jr., Filipino driver of the Kia Starex van where the accused allegedly conspired to rape Nicole.
    Written in Filipino, the recantation contained Soriano’s denial of his first statement where he was quoted as saying that he witnessed a “gang rape” on the night of Nov. 1, 2005.
    De los Santos posed the question after Rodrigo called the court’s attention to Soriano’s statements as translated by Ramos, particularly a portion saying that the driver was forced to sign his first statement.
    “Mr. Witness, showing to you a paragraph which reads, ‘Natatakot akong mapasama sa kaso, at kasama ng kagustuhang umuwi, napagdesisyunan ko na lumagda,’” De los Santos said, adding:
    “Your translation of the same sentence read, ‘Out of fear that I would be included in the case, coupled with my desire to go home, I was forced to sign.’ Do you think ‘napagdesisyunan’ is the same as ‘forced to’?”
    ‘Impeaching own witness’
    Rodrigo rose to object, saying: “Your honor, may we know if the prosecutor is impeaching her own witness? Because if so, we would gladly join in.”
    “No, I am not trying to impeach the witness,” De los Santos said, adding that she was merely seeking Ramos’ clarification.
    Ruling on the objection, Judge Pozon stopped De los Santos from pursuing the question: “We are Filipinos here… I think we know what’s the difference between ‘napagdesisyunan’ and ‘forced to.’ Prosecutor De los Santos, please go to your next point.”
    The prosecutor submitted and concluded her redirect examination.
    Being fluent in Filipino, Ramos had been assigned by the NCIS to translate five sworn statements of witnesses, including the second statement of Soriano.
    Gang rape
    Soriano had said that Paquito Torres, chief of the Intelligence and Investigation Office of the Subic Bay Metropolitan Authority’s Law Enforcement Division, prepared his statement, and, over his objection, inserted a line to indicate that he had witnessed a gang rape inside the van.
    During cross-examination, Rodrigo asked Ramos if he remembered translating Soriano’s statement that read: “After I said I did not witness any rape, Torres punched me twice in the back. Torres took the statement with his typewriter… I objected and I told him I didn’t witness a gang rape. But [Torres said that] if it was omitted, I would be included in the case.”
    Ramos, the last NCIS agent to take the stand for the prosecution, attested to the accuracy of the translation, but said when asked later that he did not personally witness the alleged coercion.
    He also corroborated the earlier testimony of his colleague, Special Agent Guy Papageorge, who had attested to his reports on his interrogation of Carpentier and Smith.
    Ramos was present when Papageorge interviewed Carpentier and Smith on the USS Essex on the early morning on Nov. 3, 2005.
    Carpentier had told Papageorge that he saw Smith with an “Asian female” at the Neptune Bar, a night spot inside the free port where the corporal and the complainant met.
    He said the two later boarded the rented van where the alleged rape occurred.

  21. Kitty says:

    World
    Philippines
    Published: 06/16/2006 12:00 AM (UAE)

    Rape victim ‘last seen dancing with suspect’
    By Gilbert Felongco, Correspondent

    Manila: A US Navy agent said he last saw the Filipina rape victim dirty dancing with Lance Corporal Daniel Smith the night she was allegedly raped in a van parked at the former US naval base on November 1.
    At the continuation of marathon hearings on the alleged rape of 22-year-old Filipina by five US Marines, the prosecution presented Special Agent Bryan Curtis of the US Naval Criminal Investigation Service (NCIS).
    Curtis, the eighth witness in the controversial rape case, told the Makati regional trial court conducting the hearings that he and Col Burrel Parmer, former US military spokesman in the joint Philippines-US military exercise, last saw victim Nicole dirty dancing with Smith at Subic’s Neptune bar.
    Curtis said he had been aware that Nicole had been having sex with Smith inside the van when he knocked on the van to inform him that they were about to leave the Subic port for return to their home port in Okinawa.
    Curtis said Smith and Nicole were in a rush to finish what they were doing because of the curfew enforced inside the former US naval base north of Manila. Yesterday’s testimony by Curtis came a day after another NCIS agent Guy Papageorge certified that one of the four accused US Marines in the Subic rape case admitted that he had sex with Nicole but insisted it was consensual.
    Papageorge and Curry were part of an American team from the NCIS that conducted its own investigation of the incident.
    On Wednesday, prosecution lawyer Evalyn Ursua said that the NCIS agent’s testimony on Smith’s admission meant that her team only needs to prove that Nicole objected to the act.
    Prosecution witness Joseph Khonghun, a businessman, had told the Makati regional trial court last week that when he found Nicole on the night of the incident, the alleged victim told him that she had repeatedly asked the US Marines to stop what they were doing but that they refused to do so.

  22. Kitty says:

    SUBIC RAPE
    Probers to testify GI, victim had consensual sex–lawyer

    First posted 11:58am (Mla time) June 05, 2006
    By Teresa Cerojano
    Associated Press

    TWO US Navy investigators were expected to testify in court Monday that one of four US Marines accused of rape had admitted to having consensual sex with the Filipino woman who filed the case, a prosecution lawyer said.
    Evalyn Ursua, a lawyer for the 22-year-old woman, said testimonies of the US Navy Criminal Investigation Service officers will form key evidence to piece together the woman’s allegation that she was raped by Lance Corporal Daniel Smith in a van while three other Marines cheered him on.
    The alleged crime took place Nov. 1, 2005 at the former US Subic Bay Naval base near Olongapo city, west of Manila.
    The Marines have denied the charge of rape, which carries up to 40 years in prison.
    Ursua said she was given a copy of Smith’s statement to Navy investigators admitting he had consensual sex.
    “He had admitted that he had sex, that’s important. He says it’s consensual, but that’s his claim,” Ursua told the Associated Press.
    On Friday, two security guards at the Neptune Bar in Subic told the Makati Regional Trial Court they saw the woman, identified only as “Nicole,” drunk on the night of the alleged rape while Smith carried her on his back into the parked van.
    Smith and Lance Corporals Keith Silkwood and Dominic Duplantis and Staff Sergeant Chad Carpentier are members of the 31st Marine Expeditionary Force stationed on the southern Japanese island of Okinawa.
    The Marines had finished counterterrorism maneuvers with Filipino troops when the alleged rape occurred.
    The US Embassy has refused to turn them over to Philippine police, citing a provision under the Visiting Forces Agreement that lets US authorities hold American servicemen facing a criminal case.
    US officials have refused to disclose their hometowns.

  23. Kitty says:

    SUBIC RAPE CASE
    ‘Nicole’ relives ordeal
    Defense: Victim spends hours in ‘naughty’ place

    First posted 01:03am (Mla time) June 03, 2006
    By Volt Contreras, Tarra V. Quismundo
    Inquirer

    Editor’s Note: Published on page A1 of the June 3, 2006 issue of the Philippine Daily Inquirer
    “NICOLE” cried rape in the hands of four US Marines seven months ago, and yesterday in a Makati court she endured four hours of having her supposed ordeal retold.
    She also tasted a prelude of what the Filipino lawyers of her alleged tormentors had apparently set out to do: Portray her as someone comfortable spending late hours in a “naughty” and “notorious” place like the Neptune Bar, which, the lawyers noted, employed hospitality girls and offered “VIP Rooms.”
    The first two prosecution witnesses, both security personnel, said Nicole was visibly drunk at the popular nightspot inside the Subic Bay Freeport minutes before leaving with one of the accused on the night of Nov. 1, 2005.
    Tomas Corpuz Jr., security guard on duty at the Neptune on that night, said he saw Nicole weaving and barely able to stand.
    “I noticed a woman roaming around in the function area. She appeared drunk. When she happened to pass me by and almost bumped me, she reeked of liquor,” Corpuz said.
    During a recess in the proceedings that started at 1 p.m. and that saw her publicly identified and exposed for the first time, the 22-year-old Nicole was seen silently weeping in her seat.
    Her therapist, Dr. June Lopez, locked her in an embrace, and a number of other women formed a comforting shell around them.
    At the other side of the courtroom, a mere 10 feet away, the accused—Staff Sgt. Chad Carpentier and Lance Corporals Daniel Smith, Keith Silkwood and Dominic Duplantis—conferred with their lawyers and other American companions in low tones. Seated beside them in a wheelchair was their “spiritual adviser,” American Jesuit priest James Reuter.
    ‘Naughty place’
    Two of the four defense lawyers pressed on the “naughty” angle when they grilled Corpuz.
    Carpentier’s lawyer, Francisco Rodrigo, initially had Corpuz describing the interior of the bar. Then he popped the question: “What do people do in the private VIP rooms?”
    Told by Judge Benjamin Pozon to state the question’s relevance following strong objections from private prosecutor Evalyn Ursua, Rodrigo said he just wanted to know “what this innocent woman is doing in a place that has private rooms.”
    Rodrigo also said his line of questioning was meant to establish that Neptune was “a naughty place.”
    But the judge cut him: “Are you trying to describe the character of the victim? I’m sorry but the court cannot allow that.”
    Later, Smith’s counsel Benjamin Formoso asked Corpuz whether Neptune employed hospitality girls, and how many were working that night.
    When asked by the court about the question’s relevance, Formoso said the context was that the bar was “notorious.”
    Ursua countered that the defense panel should present its own witness if it wanted to prove that Neptune was “not wholesome.”
    How many tables?
    The four defense lawyers took turns testing Corpuz’s memory—and credibility—by peppering him with questions that had some of those present, including American observers, shaking their heads or breaking into muted laughter.
    Was the music in the bar that night playing continuously? Can a person be easily recognized amid blinking club lights? How many tables were there, and how far were these from the dance floor?
    Nicole was seated in the third row of the audience section of the old Makati City Council session hall, which yesterday doubled as Makati Regional Trial Court Branch 139.
    Around 30 minutes later, Ursua asked Corpuz to identify the supposed victim.
    Corpuz left the stand, walked toward the audience and said, “Siya po (That’s her).”
    He pointed to a woman in a khaki jacket and black pants, the same person he described minutes earlier in his testimony as “long-haired (lampas-balikat ang buhok), quite chubby and quite dark-skinned.”
    The four Marines, who were seated on the front row at the other side of the hall, gave her a sideward glance.
    ‘Pasuray-suray’
    Corpuz said he had just completed making the rounds and was at the entrance of the function room when he saw Nicole wandering around the packed bar.
    “Pasuray-suray siya. Parang wala siya sa sarili (She was swaying. It was like she wasn’t herself),” said Corpuz, who was later asked to demonstrate how wobbly the woman was when he saw her at around 11:30 p.m. of Nov. 1.
    When asked if he assisted the woman upon seeing her condition, he said: “I did nothing because she wasn’t causing a commotion.”
    He said he learned her full name later, when he saw her at the Subic Bay Metropolitan Authority Law Enforcement Department’s Intelligence and Investigation Office, where he had been invited to give a voluntary statement.
    ‘She’s with me’
    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 (WKF-162).
    “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 a.m. 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.
    Muyot also identified both Smith and Nicole in open court.
    No consent
    In an interview after the hearing, prosecutor Ursua expressed satisfaction with the consistent testimony of the first two witnesses, saying they were able to prove that Nicole could not have engaged in consensual sex.
    (Smith had earlier admitted to having sex with the complainant, but said it was with her consent.)
    “We are pleased with the testimony because it only proves that she couldn’t have consented to sex, to what happened inside the van, because she was very drunk, she smelled of liquor, she appeared to be not herself inside the bar,” Ursua said.
    The prosecutor also said that “when a woman is raped, her character would have nothing to do with it. Even one who’s into prostitution has a right not to be raped.”
    Asked how she took the defense lawyers’ questions centering on Neptune’s hospitality girls and VIP rooms, Ursua said: “Good luck to them. It has nothing to do with the issue of rape. And second, I don’t think they can destroy Nicole’s credibility.”
    ‘No pictures!’
    When the hearing was adjourned at 5 p.m., Nicole changed into a black jacket and had a female friend pose as a decoy, giving the latter the khaki jacket she was wearing during the proceedings.
    On her way out of the courtroom, Nicole was surrounded by young women shouting, “No pictures! No pictures!”
    Nevertheless, she was besieged by photographers and cameramen

  24. Kitty says:

    ‘Nicole’ admitted to ‘sex,’ says US probe report

    First posted 03:01am (Mla time) June 06, 2006
    By Tarra V. Quismundo, Volt Contreras
    Inquirer

    Editor’s Note: Published on page A1 of the June 6, 2006 issue of the Philippine Daily Inquirer
    LAWYERS defending the American Marines charged in the Subic rape case yesterday continued pounding on “Nicole’s” credibility, this time citing portions of a US Navy fact-finding report that they claimed was “favorable” to the four accused.
    The 22-year-old alleged victim, identified in media only as “Nicole”, claimed she was raped on Nov. 1 by Lance Corporal Daniel Smith while Lance Corporals Keith Silkwood and Dominic Duplantis as well as Staff Sergeant Chad Carpentier cheered him on.
    One defense lawyer noted that the complainant “never used the word rape” but only the word “sex” when she first confided the alleged incident to another US serviceman who was eventually interviewed by the US Naval Criminal Investigative Service (NCIS).
    The same American soldier, identified in the NCIS report as one Bamberger, said “Nicole” had also admitted that a condom was used in the sex act.
    When Bamberger asked her “why would a rapist use a condom,” “Nicole” supposedly “freaked out,” the report said.
    Jose Justiniano, counsel for Silkwood, managed to draw the court’s notice to these accounts in his cross-examination of Ronald Beltz, resident agent in Manila of the NCIS and the third witness presented by the prosecution.
    Justiniano made Beltz read out portions of the NCIS report, which formed part of the prosecution’s evidence.
    The lawyer later said in an interview after the hearing that he employed this tactic because the report, although introduced by the prosecution, had “portions favorable to us.”
    “Just like what was said by a US serviceman, Bamberger, who was apparently a friend of the complainant’s and who was later interviewed by NCIS. He said she only told him that that ‘we had sex’ and there was no mention of rape,” Justiniano told reporters off-court.
    Evalyn Ursua, a lawyer for the woman, said Beltz would continue his testimony later this week, during which other US Navy investigators were expected to testify about Smith’s statement admitting he had consensual sex with “Nicole.”
    Ursua said she was given a copy of the statement by Navy investigators.
    “He had admitted that he had sex, that’s important. He says it was consensual, but that’s his claim,” Ursua told The Associated Press.
    In the hearing, Beltz was also made to read passages quoting Timoteo Soriano Jr., driver of the hired van where the alleged rape took place.
    Girls for sale
    On the night Soriano picked up “Nicole” and Smith from the Neptune Bar at the Subic Bay Freeport, the bar’s security guard told the US Marines in the van that they should see him if they wanted to “get” girls at a cheaper price.
    This was because the girls “in here” usually fetched P6,000 per client but the guard could drive the rate down to P3,000, Soriano said, as quoted in the NCIS report cited by Beltz.
    The guard, who Soriano said even asked the Americans for a tip, was not identified — but the passage was apparently referring to Gerald Muyot, the prosecution witness before Beltz.
    Previous hearings established that Muyot was the only guard posted at Neptune’s entrance at the time and that he saw Soriano’s van on the night it was used to pick up “Nicole” and Smith.
    Basis for case
    Beltz said the NCIS report would be used by the Okinawa-based US Marine commander of Smith et al. as a basis for any case they may face under US military law. Any legal action by the Marine high command has been “held in abeyance” pending the outcome of the case in the Philippines, he explained.
    He also recalled interviewing Soriano regarding the rape case with the aid of an interpreter on Nov. 16, or 15 days after the alleged incident, at the Century Park Hotel in Manila.
    Beltz said a Filipino woman had acted as an “intermediary” for Soriano when he contacted the US Embassy and that this woman was present at the interview. The US official, however, maintained that he never got the woman’s name.
    Aside from the interview, Soriano provided NCIS a sketch of where the complainant and Marines were seated in the van, he added.
    Defense lawyers also sought a demonstration of how Smith “loaded” the complainant into the van on the night of the incident.
    Judge Benjamin Pozon of Makati Regional Trial Court Branch 139 said in court yesterday that he would subpoena the Kia Starex van where the alleged rape took place.
    The green van would be brought to court on Friday.
    The US Marines had rented the van and used it during their furlough after the RP-US war games “Talon Vision.” It was driven by Soriano, who claimed to have witnessed the alleged crime in the van, only to recant later.
    Reenactment
    Defense lawyers also requested a reenactment — based on Muyot’s testimony — of how Smith opened the van’s door while carrying the drunk complainant on his back, and how he loaded her onto the vehicle.
    The prosecution had presented Muyot and Tomas Corpuz Jr., security guards at the Neptune Bar at the Subic Freeport. They were the first pair of witnesses presented to show that at the time of the incident “Nicole” was too drunk to have consented to sex.
    Muyot, who was posted outside the bar on the night of the incident, had testified to seeing Smith carrying a barely conscious “Nicole” piggyback between 11 p.m. and 11:30 p.m. on Nov. 1 last year.
    A little more than three hours later, the complainant would return to the bar looking for the Marines she alleged had raped her.
    Nicole in tears
    Defense lawyers grilled Muyot for more than two hours, as they attempted to quash his credibility. Muyot was asked why he failed to record in his logbook the unusual events 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.
    “Since I was not sure of my suspicion that it would lead to that situation [the alleged rape], I just wrote it on a piece of paper,” said Muyot, under Justiniano’s questioning.
    Muyot had testified that on the night of the incident, his suspicions were aroused when Smith suddenly told him, “She’s with me, we’re gonna go now,” as the accused was about to load the complainant into the van.
    At one point during Muyot’s testimony, “Nicole” broke down in tears. With an Associated Press report

  25. Kitty says:

    The Philippine STAR

    Headlines

    Subic rape: Victim, suspects a no-show
    By Ding Cervantes and Bebot Sison Jr.
    Publication Date: [Thursday, November 24, 2005]
    OLONGAPO CITY — The key figures in the controversial rape case involving a 22-year-old Filipina and six US servicemen were a no-show during the preliminary investigation at the Hall of Justice here yesterday.

    The lawyers of the six US soldiers accused of the rape, however, took center stage by challenging the evidence presented by a witness in the case that could be seen as “a litmus test” of the Visiting Forces Agreement (VFA).

    During the preliminary investigation, the lawyers of the American servicemen tried to raise questions about whether one of the witnesses had been coerced into linking the Marines to the alleged rape.

    Although the six soldiers did not appear, they had earlier filed sworn statements giving their side of the incident, US Embassy Press Attaché Matthew Lussenhop said in a news conference before the preliminary investigation began.

    Lussenhop declared the physical presence of the six accused “was not required by the Office of the (Olongapo) City Prosecutor, although all six remain in US custody in the Philippines.”

    Lussenhop said the six accused would remain in the custody of the US Embassy in Manila, adding that the mission would “cooperate closely with (local investigators) to ensure this case is handled fairly and that justice is done.”

    He said the six were ready to file sworn statements with the prosecutor’s office but their lawyers were not able to submit them due to the additional testimony submitted by the complainant’s lawyers.

    Lussenhop led the US delegation that included US Marine Capt. Burrel Parmer, former spokesman for the recently concluded Talon Vision and Philblex joint military exercise in which the six Marines were participants.

    The alleged rape victim also failed to attend the preliminary hearing but she was represented by lawyers Sheila Bazar and Raymund Escolango.

    Her lawyers submitted a supplemental affidavit signed by witness Fe Castro detailing the “gruesome ordeal” suffered by the victim at the hands of the six Americans.

    This surprised the defense lawyers who urged Olongapo City Prosecutor Prudencio Jalandoni to give them time to answer the supplemental affidavit.

    Jalandoni gave the defense lawyers five days to submit their counter-affidavits.

    Defense lawyers also urged Jalandoni to accept as evidence tapes and transcripts of radio interviews given by Timoteo Soriano, driver of the van rented by the American soldiers and in which the rape allegedly took place.

    Soriano initially claimed he had witnessed the rape.

    The lawyers cited radio interviews in which Soriano said that Subic Bay Metropolitan Authority (SBMA) security chief Paquito Torres had coerced him into linking the six Americans — even though he had never seen the alleged rape.

    Torres, who was present in the proceedings, denied using coercion and invoked his right to counsel.

    Jalandoni then ordered radio stations to submit copies and transcripts of the interview with Soriano detailing the alleged coercion.

    The witnesses — Castro and Soriano — also failed to attend the preliminary hearing.

    Outside of the building where the preliminary investigation was held, protesters condemned the security agreement between the US and its former colony.
    Answer the allegations
    The accused servicemen were part of a US contingent that had just taken part in joint military exercises in the former US naval base of Subic.

    The case has drawn widespread media attention and some human rights advocates say it has opened up old wounds caused by past abuses by the Americans.

    The VFA, forged in 1998, grants limited immunity from criminal prosecution to US troops when they are engaged in joint maneuvers in this country.

    “This is a test case for the VFA. This is the first time that we are investigating US servicemen under the treaty,” prosecutor Raymond Viray said.

    Viray added the American servicemen are expected to deny any wrongdoing.

    He said the next round of investigations is set for Nov. 29, after which prosecutors will determine whether there is probable cause to charge the six Americans in court.

    If a case against them is established, the soldiers would be arrested, detained and tried here to face life imprisonment or death if there are aggravating circumstances, Viray said.

    Albert Lara, a lawyer for one of the six US servicemen, specifically asked to be allowed to challenge the alleged victim face-to-face before prosecutors. Jalandoni added this would be resolved later.

    Despite the no-show of the rape victim, the Department of Social Welfare and Development (DSWD) said she is bent on pursuing the case against the six Americans.

    Sources, however, said the victim had been about to withdraw her complaint against the six but her request was turned down by Justice Secretary Raul Gonzalez.

    Two DOJ officials separately claimed the victim was about to submit her affidavit effectively recanting the rape charges against the six Americans.

    “The truth is the victim intends to recant the rape charges. That was refused by the Justice Secretary because it will not reflect well on him. Her recantation is that what she remembers is that she was being kissed,” one of the officials said.

    The official said the victim wanted to maintain that she was just kissed by the accused.

    “She wants to delete the element of rape in her original complaint-affidavit,” another DOJ official disclosed.

    “She was with her lawyer, Atty. (Minerva) Ambrosio. The victim wants that portion on the element of rape… and she will strike that out,” the official added.

    Sources disclosed Gonzalez did not allow the victim and her lawyer to enter his office, forcing them to proceed to Chief State Prosecutor Jovencito Zuño and State Prosecutor Lilian Alejo to subscribe her withdrawal.

    The source claimed the victim, including her lawyers Ambrosio and Katrina Legarda, decided against appearing before the preliminary investigation because of the publicity.

    “The victim was advised by Zuño to go to the fiscal in Olongapo at 7:00 a.m. today (Wednesday) so that she will not be seen by the media. If that portion (the rape allegations) is deleted, the case will be dead. It will be lessened to sexual abuse or sexual molestation,” the official pointed out.

    “The government can still pursue the case against the six US Marines for the remaining allegations of sexual molestation, but the case will definitely be weak,” the official added.

    “The victim can be forced to testify against the accused, but it will not change anything because the recantation will definitely weaken the case against the accused,” he said.

    The same officials pointed out the request of the defense lawyers for more time to submit their supplemental-complaint affidavit would cause delays in the proceedings. — With Ric Sapnu, Jose Rodel Clapano, Sheila Crisostomo, AP, AFP, Reuters

  26. Kitty says:

    The Philippine STAR

    Headlines

    Prosecution in Subic rape case accused of doctoring testimony
    By Michael Punongbayan
    Publication Date: [Wednesday, June 14, 2006]
    A lawyer for one of the US Marines accused of raping a 22-year-old Filipina at Subic Bay Freeport last year accused the prosecution yesterday of “doctoring” the testimonies of witnesses presented during trial at the Makati City regional trial court in favor of the complainant.

    The rape case against US Marines Daniel Smith, Chad Carpentier, Keith Silkwood and Dominic Duplantis is being heard by Judge Benjamin Pozon.

    Referring to the testimony of Subic Bay Metropolitan Authority (SBMA) bike patrol officer Noel Paule last Friday, Benjamin Formoso, Smith’s lawyer, told The STAR in an interview: “Dinadagdagan nila eh. Kagaya nung ‘tama na, tama…,’ wala naman yun sa sworn statement (They are adding words. Just like, ‘Enough, enough…,’ that’s not in the sworn statement).”

    Government and private prosecutors are also presenting testimonial evidence “based on nothing more than hearsay,” he added.

    Paule, the prosecution’s fifth witness since the marathon trial began last June 2, testified on how he allegedly saw the victim crying in a parking lot near the Telecoms Building at Subic Freeport Zone on the night of the alleged rape.

    Paule said he spoke with the alleged victim before taking her to the SBMA Intelligence and Investigation Office.

    During cross-examination, Formoso, along with the lawyers of Carpentier, Silkwood and Duplantis, tried to establish that Paule’s version of the complainant’s quotes on the night of the alleged rape differed from those included in sworn statements made before investigating officers the following day.

    Paule said the victim uttered the words “Tama na, tama na, pero sige pa rin sila (Enough, enough but they continued)” and “Pag nalaman ito ng mama ko, papatayin niya ako (If my mama learns about this, she will kill me)” when he asked her what had happened.

    Defense lawyers showed Paule his sworn statement that did not contain the direct quotes disclosed in his direct testimony in open court.

    Other witnesses who took the stand were Tomas Corpus, Gerard Muyot, Joseph Khonghun and Jaime Avila.

    They have so far testified on what allegedly occurred from 11 p.m. on Nov. 1, 2005 to 1 a.m. onwards on Nov. 2.

    Formoso told The STAR the defense believes that all five witnesses have so far failed to prove that the victim was raped by the four US servicemen.

    “No actual rape. No gang rape committed. All hearsay,” he said, confident of an acquittal for his client and the rest of the accused.

    Formoso said if there was any rape, there should have been violence involved and resistance on the part of the complainant.

    “The alleged victim had no bruises, no wounds whatsoever, which means that there was no force or violence exerted against her,” he said.

    On the other hand, private prosecutor Evalyn Ursua of the Women’s Legal Bureau dismissed Formoso’s statements as “personal conclusions” that may “misinform the public” insofar as the definition of rape is concerned.

    “The testimony of the witness on the witness stand is what’s critical,” she said. “The real test is the cross-examination, if the witness can withstand it.”

    Ursua said sworn affidavits do not include everything a witness may say in court because this depends on a number of factors.

    “It depends on how exhaustive the investigator is, it depends on the questions,” she said. “It’s usual. No questions asked, no answer.”

    Ursua said Formoso’s idea that rape is committed only with force or intimidation is wrong because there is a much broader definition of the crime under law.

    “Rape is committed in several ways,” she said.

    “It’s not always through use of force or intimidation or violence. Rape can also focus on lack of consent or if it is committed against the will of someone. Well, that’s his conclusion. We haven’t finished yet.”

    Meanwhile, Formoso said the one-year period during which Smith must be tried in a Philippine court ends 60 days earlier than the privilege enjoyed by his three co-accused because he did not file a Petition for Review before the Department of Justice, resulting in a two-month suspension of judicial proceedings.

    Smith is asking Pozon to issue a ruling on the matter.

    In a motion for partial reconsideration of the court’s earlier ruling placing at Dec. 27, 2005 the start of the one-year period under the Visiting Forces Agreement for the court to have jurisdiction to try the US servicemen, Smith said the one-year period for him should end earlier.

    Formoso said after the case was raffled off to the Olongapo RTC Branch 73, a 60-day suspension of the judicial proceedings began on Jan. 26, 2006 because Duplantis, Carpentier and Silkwood filed a Petition for Review before the Department of Justice on Jan. 17.

    The judicial proceedings resumed on March 20, 2005 shortly before the venue of the trial was transferred to the Makati RTC, he added.

    Formoso said the court failed to consider that Smith, who is accused of actually raping the victim while his companions allegedly cheered on, did not file a Petition for Review, which means that the judicial proceedings in his case were never suspended.

    Based on this argument, the court must issue an order that Smith’s one-year period under the VFA started on Dec. 27, 2005 and should end on the same date this year, he added.

    Formoso also raised another argument seeking to set the end of the one-year period earlier, on Nov. 27, 2006.

    Formoso said they would invoke Republic Act 8493, the Speedy Trial Act of 1998, which means that the prosecution has to finish and prove their case within 180 days from the first day of the trial, June 2, 2006.

    “This (the marathon hearings) is a speedy trial, what else can you call this?” he asked in an interview with The STAR after he filed the motion early yesterday morning.

  27. Kitty says:

    ‘Bribe offered to silence us’ — witness
    06/27/2006
    The family of the 22-year-old Filipino woman who filed rape charges against four United States military servicemen was offered an undetermined amount of money in exchange for the dropping of the case against the accused.
    Ana Lisa Franco, the stepsister of the com-plainant, during the continuation of her testi-mony, yesterday told the Makati Regional Trial Court (RTC) that one of the officials of the Subic Bay Metropolitan Authority (SBMA) approached them and offered money to settle the charges against the US Marines, but that she had refused it.
    She identified the alleged “mediator” as Ben Natividad, executive assistant of SBMA chief Feliciano Salonga.
    Franco said the offer was made on Nov. 2, 2005, the day after the alleged assault, at the Investigation and Intelligence Office (IIO) of the SBMA.
    Private prosecutor Evalyn Ursua, for her part, said, “There was an effort to silence the family. There was an offer of payment (made) to them although it (amount) was not specified.”
    She added the person
    who allegedly offerred settlement if it was intended for giving up the case against Lance Cpls. Daniel Smith, Chad Carpentier, Dominic Duplantis and Keith Silkwood.
    “The witness (Franco) did not say how much, but it happened inside the IIO in SBMA where they were asked to just settle the case,” Ursua said.
    The prosecutor stressed Franco’s testimony regarding alleged settlement only disproved all rumors circulating against the girl’s family that they are just interested in money.
    “This just proves that the family is not after settlement of any amount,” Ursua added.
    She pointed out the circumstances surrounding the “offer” was kept secret by Franco and “Nicole,” the complainant, for fear of retaliation against their family.
    Jose Justiniano, Silkwood’s lawyer, said the first time he heard the name Natividad was when Pacquito Torres of SBMA’s IIO informed him Natividad had indicated that six Americans were being charged with rape.
    The defense also tried to discredit the testimony of Franco by casting doubts on her claim that Nicole was already drunk when she was taken out of the Neptune Club, loaded into the Starex van where she claimed she was raped and dumped half-naked into a parking lot.
    Franco admitted she and the complainant had taken four types of drinks ordered for them by US Navy friend Christopher James Mills despite the fact that those were “unfamiliar” to them.
    She said she had seen her dizzy sister consume half a pitcher of “bullfrog” straight while being cheered on by unfamiliar Americans.
    Justiniano, however, claimed the fact that the sisters testified they already felt dizzy after consuming several rounds of liquor and still refused to go back to the hotel speaks something out of normal.
    “It’s not normal for a person to go to an unfamiliar club, much more to order and drink wine that is unfamiliar to them,” he said.
    “If they were not drinkers, they (sisters) should have taken fruit juice drinks instead of allowing others to order unfamiliar drinks for them,” the defense lawyer added.
    Ursua, however, said the questions and issues raised by the lawyers of the accused were immaterial to the case, such as Justiniano’s delving into the details of the drinks ordered by Franco and Nicole the night of the alleged assault.
    She added being drunk and having a good time are not relevant to the crime of rape.
    Ben Gines Jr.

  28. Kitty says:

    Marines skip probe at Olongapo court Manila Standard Today
    By Malou G. Dungog November 24, 2005
    OLONGAPO CITY — Accused and accuser were both no-shows at the preliminary investigation yesterday of a rape complaint filed by a 22-year-old Filipina against six US servicemen.
    Only lawyers from both sides appeared in the jampacked city prosecutor’s office as the hearing got under way at 2:30 p.m. in a case widely seen as a litmus test of the Visiting Forces Agreement between the Philippines and the United States.
    The Filipino lawyers representing the six US marines raised questions about whether one of the witnesses had been coerced into linking the soldiers to the alleged rape.
    Five women lawyers representing the accuser, on the other hand, sought to introduce the sworn statement of a new witness, Fe Castro, who supposedly saw US soldiers dumping the victim by the roadside.
    The defense lawyers objected, saying they needed time to file a counter-affidavit and were later given until Nov. 29 to do so.
    Outside the Justice Hall, antiriot police cordoned off areas occupied by about 800 protesters led by women activists from the Coalition against Trafficking in Women-Asia Pacific, Gabriela and the Bukluran ng Kababaihan sa Olongapo.
    Although the six servicemen did not appear, they had earlier filed sworn statements giving their side of the incident, US embassy spokesman Matt Lussenhop said.
    He later assured the public that the accused soldiers — Keith Silkwood, Daniel Smith, Albert Lara, Corey Barris, Chad Carpenter and Dominic Duplantis will remain in US custody in the American embassy in Manila, and that US officials would cooperate closely with local investigators to ensure the case is handled fairly and that justice is done.
    The 22-year-old Filipina from Zamboanga accused the six marines of gang rape in Subic on Nov. 1.
    During the proceedings, defense lawyers urged prosecutor Prudencio Jalandoni to accept as evidence tapes and transcripts of radio interviews with Timoteo Soriano, the driver of the van, who initially said he witnessed the rape.
    The lawyers cited radio interviews in which Soriano said that Subic Bay security chief Paquito Torres had coerced him into linking the Americans — even though he had never seen the alleged rape.
    Torres, who was at the proceedings, denied using coercion and then invoked his right to counsel.
    The prosecutor ordered radio stations to submit copies and transcripts of the interview with Soriano detailing the alleged coercion.
    Protesters outside criticized the close defense relations between the United States and the Philippines and condemned Justice Secretary Raul Gonzalez for refusing to seek custody of the accused soldiers.
    “We are astounded by Secretary Gonzalez’ statements that he sees no need to address the issue of custody and that the transfer of custody to the Philippines will cost the government a lot,” said Jean Enriquez, one of the protest leaders. “This is the height of indifference to the gross violation of women’s human rights.”
    She added that Gonzalez seemed to be doing his “utmost so as not to strain… ties with the big white brother.”
    Gonzalez yesterday hinted that the accuser had tried to withdraw her rape complaint in a meeting that she and her lawyer had tried to set up. He said he refused to meet with them, however, to avoid any accusations of impropriety.
    “She said she only remembers being kissed,” Gonzalez said.
    The US servicemen were part of a US contingent that had just taken part in joint exercises in the former US naval base.
    The case has drawn widespread media attention and some human rights advocates say it has opened up old wounds caused by past abuses.
    US diplomats have refused to turn the men over to local authorities and have invoked the VFA.
    “This is a test case for the VFA. This is the first time that we are investigating US servicemen under the treaty,” prosecutor Raymond Viray said.
    The next round of investigations is set for Nov. 29, after which prosecutors will determine whether there is probable cause to charge the six in court.
    If a case against them is established, the soldiers would be arrested, detained and tried in the Philippines.
    Lawyers for one of the six US servicemen identified as Albert Lara has specifically asked to be allowed to challenge the accuser — whose identity has been withheld — face-to-face before the prosecutor.
    Jalandoni said this would be resolved later.
    Foreign Secretary Alberto Romulo has asked the US embassy to turn over the suspects, citing the sensitivity of the case. With Roy Pelovello, Cecille Garcia and AFP

  29. Kitty says:

    Friday, June 16, 2006
    Statements of accused in rape questioned

    THE defense in the Subic rape case will file a motion to exclude the statements of the four accused Marines from the record of the trial on the ground that the US Naval Criminal Investigation Service obtained them without the presence of counsel.
    The US Naval investigators, who interviewed Lance Cpl. Daniel Smith, and his coaccused, Lance Cpls. Keith Silkwood and Dominic Duplantis, and Staff Sgt. Chad Carpentier, after the 22-year-old Filipino woman lodged the complaint, appeared in court on Thursday to narrate the result of their investigation before the court.
    In a statement made after the marathon hearing, Jose Justiniano, legal counsel for Silkwood, said the statements should not be admitted as evidence even if the accused had signed a document waiving their legal rights.
    Brian Curley of the NCIS, the prosecution’s ninth witness, told the court he assisted fellow agent Brian Warshasty in the investigation of the four accused and other possible witnesses to the alleged rape a few days after the incident. He said all four signed a waiver after having been advised of their rights.
    The defense counsel said, however, that for the waiver to be valid, a person accused of a crime must be assisted by a lawyer. Otherwise the waiver has no probative value.
    “Under our laws an individual must be assisted by a lawyer when waiving his or her rights,” he said. “In the case of the accused this didn’t happen. The prosecution can claim that the agents are not covered by our laws and that they are under US military regulations. Still, the testimony is inadmissible unless this is a court-martial proceeding.”
    Private prosecutor Evalyn Ursua has a different view on the matter. She said the accused could legally waive their right even without counsel, because the circumstances under which the interviews were made don’t fall under the purview of the Philippine Constitution.
    “If the interviews were conducted by the local police, the laws of the country should apply,” she said. “But the interviews were conducted by NCIS agents, who fall outside our jurisdiction. They were required to apply US military regulations, not our laws,” Ursua said.
    Judge Benjamin Pozon of the Makati Regional Trial Court presides over the trial.
    –Jefferson Antiporda

  30. Mr. Pah says:

    Droga at ptostitusyon laganap sa Subic
    by Jeff Tombado
    from Pilipino Star Ngayon
    October 11, 2003

    SUBIC, Zambales – Lalong lumalala ang pagkalat ng bawal na droga, prostitusyon at malalaswang panoorin sa mga establisimyento sa Barangay Calapandayan dahil sa posibilidad na protektado ng mga tiwaling pulis mula sa Criminal Investigation and Detection Group (301st-CIDG) ng Zambales, Subic-PNP at ilang barangay at municipal officials ng Subic kapalit ng tinatawag na lingguhang “intelihensya” na tinatanggap ng mga ito mula sa mga nagma-may-ari ng naturang negosyo.

    Kinondena ng mga residente ang kawalang aksyon ng mga tauhan ni Subic Mayor Jeffrey Khonghun sa paglaganap ng illegal na droga, prostitusyon at bold shows sa nasasakupang lugar.

    Napag-alaman sa mga residente ng naturang lugar na ilang tiwaling opisyal ng barangay at lokal na pamahalaan ng Subic partikular sa CIDG sa Zambales at lokal na pulisya ng Subic ay pinaniniwalaang nakikinabang sa mga illegal na operasyon ng prostitusyon sa kahabaan ng Barangay Calapandayan, Subic, Zambales.

    Ibinunyag sa PSN ng impormante na tumatanggap ng P 4,000 kada linggo ang mga awtoridad kapalit ng malayang modus operandi ng mga nagma-may-ari ng mga gusaling tulad ng 392 night club; Head N Tail disco; Kinky bar; Georgetown; Curacha club; Pepe Caca super disco at ang mga bagong bukas na bahay-aliwan tulad ng Luna club; Sweet 16 KTV bar at Marteessan’s KTV na pagma-may-ari ng maimpluwensyang Taiwanese national na nagngangalang “Mr. Pah”.

    Bunga nito ay nakatakdang magharap ng reklamo ang mga konsernadong residente ng nasabing Barangay kay Interior and Local Government Secretary Joey Lina sa kawalang aksyong ginagawa ng naturang alkalde maging sina CIDG Regional Director Sr. Supt. Christopher Laxa at Police Regional Office-3 Director Chief Supt. Vidal Querol upang ipasibak sa puwesto sina Belluga at Sr. Insp. Jerry Sumbad ng Subic-PNP dahil sa pagpapabaya sa kani-kanilang tungkulin.

  31. kitty says:

    Wednesday, April 19, 2006

    Girlie shows, prostitution rampant in Subic

    By Anthony Bayarong, Correspondent

    SUBIC, ZAMBALES: Residents here are up in arms over the failure of the police and town officials to stop the growing popularity of girlie shows and prostitution.

    A resident who asked not to be named said the owners of bars and clubs have shamelessly staged lewd shows because the authorities have failed to enforce the law.

    The clubs are located along the main highway of Subic and are a stone’s throw away from the municipal police station and town hall.

    One club called Pepekaka has a streamer hanging from its facade that promises “free love after midnight.” The club is said to raffle off girls to costumers at P100 apiece. The winner is entitled to spend a night with the girl of his choice without any “bar fine.”

    Other clubs reportedly offering racy shows are Club Ma-L, Churatcha and Chichutita.

    Mayor Jeffrey Khonghun denied that girlie shows were rampant in his town.

    “We don’t permit lewd shows here but maybe they are doing it on a guerrilla-style basis. Patago siguro ang ginagawa nila,” Khonghun said.

    The Subic police chief could not be reached for comment.

  32. kitty says:

    After Subic rape case, ‘Nicole’ camp says VFA is next battle
    12/05/2006 | 07:20 AM
    The guilty verdict on American marine L/Cpl Daniel Smith has shattered the myth of invincibility of the RP-US Visiting Forces Agreement (VFA) to defend abusive conduct by visiting US forces.

    But supporters of the 23-year-old complainant in the Subic rape case said that while Monday’s verdict by a regional trial court judge is a victory for all Filipino women, the fight against the VFA is not yet over.

    “The victory of Nicole is a victory for all Filipino women. It is as well a victory for the nation. From hereon, the Visiting Forces Agreement cannot be used to defend abusive conduct and behavior of any military person, man or woman, who transgress the laws of the land,” Task Force Subic Rape, which includes the complainant’s supporters, said in a statement Monday night.

    The Task Force said that for as long as the VFA is intact and its one-sided privileges for US military personnel are not amended at the very least, every woman abused by US military, “would have to fight as hard as Nicole did.”

    The Philippine government, it noted, has always demonstrated that itl would always be at the mercy of the powerful US government.

    “There will be other times and many more occasions to continue the struggle against the VFA. We will persevere in this. Nicole has won, and this at the moment is the most important. Justice has been achieved for the entire nation. We as a people have shown that we are indeed sovereign,” it said.

    The Task Force cited Judge Benjamin Pozon for his courage and belief in justice, despite the pressures mounted by the powers-that-be.

    “Nicole,” the Task Force added, is “a model of Filipino womanhood – courageous, unflinching in her principles,” and should be emulated by all women who remain silenced in their pain.

    “Justice can only be served once we all break out from the fears that envelop us. Violence against women cannot and will not be tolerated,” it said.

    It added “Nicole” will move on, even how difficult it may be, and it will see to it that the justice she has claimed will not be taken away from her.

    Meanwhile, Sun-Star newspaper (sunstar.com.ph) reported that church groups, militant organizations, and city and provincial officers in the provinces lauded Monday’s decision but still called for public vigilance.

    The Archdiocese of Cagayan de Oro City, through Vicar General Monsignor Rey Monsanto, said: “If the evidence pointed to that, then it is a triumph for justice, and that we are not afraid to stand for truth and justice even before the Americans.”

    Iglesia Filipina Independente (IFI) Fr. Antonio Ablon, Karapatan and Gabriela lawyer Beverly Musni, Youth for Gloria’s Ouster (YouGo!) and Bayan Muna leader Kristine Lim, Black and White Movement-Cagayan de Oro city chapter convener Antonio Soriano lauded Pozon’s decision.

    In Davao City, Mayor Rodrigo Duterte said the court decided fairly. “It’s a fair decision. The court was right. Mere presence in another person’s crime does not make you a criminal,” Sun-Star quoted him as saying. – GMANews.TV

  33. kitty says:

    Marines await decision on Philippine rape trial
    Three Marines petition for dismissal of conspiracy charges

    By Jennifer H. Svan, Stars and Stripes
    Pacific edition, Sunday, March 5, 2006
    SUBIC BAY FREEPORT, Philippines — The case involving four U.S. Marines accused in the alleged rape of a 22-year-old Filipina likely will go to trial, said the attorney for one of the Marines.
    But still to be determined, said Benjamin Formoso, is how many will be ordered to stand trial.
    Three Marines, Staff Sgt. Chad Carpentier and Lance Cpls. Dominic Duplantis and Keith Silkwood, have petitioned the court to dismiss charges against them on grounds of insufficient evidence. They are charged with conspiring to commit rape.
    The fourth Marine, Lance Cpl. Daniel Smith, is charged with rape.
    The woman alleges the attack occurred on the evening of Nov. 1, while she was vacationing in Subic Bay Freeport, and that Smith raped her in the back of a rented van while the other three Marines cheered him on. All four Marines have denied wrongdoing.
    Justice Secretary Raul Gonzalez is reviewing the three Marines’ dismissal motions and is expected to issue a decision soon, said Formoso, a Manila attorney who represents Smith.
    Even if the charges against Carpentier, Duplantis and Silkwood are dropped, Smith, 20, likely would be arraigned, Formoso said.
    “Not guilty, of course,” will be his plea, he said. Formoso would not comment on what Smith’s defense might be at trial.
    Smith told Naval Criminal Investigative Services he and the woman had consensual sex, according to the case’s chief prosecutor, Olongapo city prosecutor Prudencio Jalandoni, pointing to a thick stack of NCIS documents in his office.
    But Formoso said Smith’s statement shouldn’t be admissible in Philippine court because Smith had no attorney present at the time as required by law.
    No cooperation from alleged victim
    Another problem in the case is the woman’s lack of cooperation. Jalandoni said he is building his case against the accused without help from the woman, who has failed to appear at any judicial proceedings and has not made herself available to Jalandoni for questioning. He’s said he has not talked to her and is unsure why she won’t participate.
    “If she will not appear, there is no more reason to prolong the investigation of the case,” he said.
    But he’s not ready to give up.
    Despite the alleged victim’s absence thus far, Jalandoni believes he has a strong case, based on the woman’s initial statements to police, physical evidence and witness testimony that Smith and others carried her out of the van “like a pig,” leaving her by the roadside with her jeans pulled down to her knees before heading back to their ship.
    The suspects are from the 31st Marine Expeditionary Unit in Okinawa. Marines from the Essex Readiness Group were in the Subic area at the time as part of two bilateral training exercises.
    Though Jaladoni allows it would be difficult to prove guilt beyond a reasonable doubt without testimony from the woman, he said he would consider filing a motion to compel her to testify if there is a trial.
    The case, he said, has sparked much criticism at home and abroad of the Visiting Forces Agreement, which has allowed the U.S. to maintain custody of the suspects up to now. To stir such a debate and then to drop the case would be disrespectful of Philippine law and government procedures, Jalandoni said.
    “I want to know the truth,” he said, and let justice run its course.
    Residents voice support for Marines
    Some Olongapo residents have already made up their minds, and their assumptions illustrate some of the complexities of the case.
    “In my opinion, there was no rape,” said Bertuldo Laforteza, an Olongapo attorney who defended U.S. servicemembers in the Philippines from 1984 to 1992. “Smith even put on a condom,” he said.
    Said Jalandoni: “There was a condom found, but we don’t know if the condom was put on with consent of the woman.”
    Jalandoni said he believes she was too drunk to agree. He said witnesses reported seeing her fall down several times at a nightclub where she met the suspects. Though witnesses testified she was drinking that night, Formoso said the woman’s blood alcohol content at the time of the alleged incident is unknown.
    Olongapo citizens seem to be standing behind the Americans — who visit the former Subic Naval Base for training and spend money when they do — rather than the woman, whom they point out isn’t from the area.
    Street vendor Lolita Espinosa said she can’t believe a rape could have occurred inside a van.
    “If the rape was true, you shout for help, right? I’m Filipino. (I know) you would shout” if someone tried to rape you, especially since the driver was Filipino, she said.
    The case has sparked protests at justice hall in Olongapo but city worker Marilyn Osio, 54, said the protestors were from Manila.
    Laforteza said some people were angry at the U.S. military but “as time goes on, people have mellowed out and they’re trying to forget it already.”
    The four Marines are working and living at the U.S. Embassy in Manila with no liberty privileges while the United States maintains custody, Formoso said.
    Unclear is who will get custody of the Marines if they are arraigned.
    “Both the Philippines and the United States are determined to pursue justice under due process of law. Philippine sovereignty is firm as we anticipate the issuance of the warrant of arrest against the suspects, which will mark the inception of trial,” Ignacio Bunye, spokesman for President Gloria Arroyo, was quoted as saying in Philippine media reports this week.

  34. kitty says:

    Named respondents are Keith Silkwood, Daniel Smith, Albert Lara, Dominic Duplantis, Corey Barris and Chad Carpenter.
    Friday, June 16, 2006

    Statements of accused in rape questioned

    THE defense in the Subic rape case will file a motion to exclude the statements of the four accused Marines from the record of the trial on the ground that the US Naval Criminal Investigation Service obtained them without the presence of counsel.
    The US Naval investigators, who interviewed Lance Cpl. Daniel Smith, and his coaccused, Lance Cpls. Keith Silkwood and Dominic Duplantis, and Staff Sgt. Chad Carpentier, after the 22-year-old Filipino woman lodged the complaint, appeared in court on Thursday to narrate the result of their investigation before the court.
    In a statement made after the marathon hearing, Jose Justiniano, legal counsel for Silkwood, said the statements should not be admitted as evidence even if the accused had signed a document waiving their legal rights.
    Brian Curley of the NCIS, the prosecution’s ninth witness, told the court he assisted fellow agent Brian Warshasty in the investigation of the four accused and other possible witnesses to the alleged rape a few days after the incident. He said all four signed a waiver after having been advised of their rights.
    The defense counsel said, however, that for the waiver to be valid, a person accused of a crime must be assisted by a lawyer. Otherwise the waiver has no probative value.
    “Under our laws an individual must be assisted by a lawyer when waiving his or her rights,” he said. “In the case of the accused this didn’t happen. The prosecution can claim that the agents are not covered by our laws and that they are under US military regulations. Still, the testimony is inadmissible unless this is a court-martial proceeding.”
    Private prosecutor Evalyn Ursua has a different view on the matter. She said the accused could legally waive their right even without counsel, because the circumstances under which the interviews were made don’t fall under the purview of the Philippine Constitution.
    “If the interviews were conducted by the local police, the laws of the country should apply,” she said. “But the interviews were conducted by NCIS agents, who fall outside our jurisdiction. They were required to apply US military regulations, not our laws,” Ursua said.
    Judge Benjamin Pozon of the Makati Regional Trial Court presides over the trial.
    –Jefferson Antiporda

  35. kitty says:

    SMITH’S CUSTODY ISSUE
    Nicole’s mom hits Arroyo for siding with US

    By Tarra Quismundo
    Inquirer
    Last updated 10:35pm (Mla time) 12/25/2006

    MANILA — Describing her family’s continuing fight for justice as a bout between David and Goliath, the mother of rape victim “Nicole” on Monday broke her silence and scored the government for siding with the US on the custody dispute over her daughter’s convicted rapist.

    Reached through phone on Monday, Nicole’s mother let out her anger at the government for concurring with the US claim of custody over Lance Cpl. Daniel Smith, an issue that had strained diplomatic relations between the two countries.

    “Galit na talaga ako… Sana patas ang laban, pero ngayon nakikialam na si Gloria (President Macapagal Arroyo)… Sana man lang kahit papaano ipagtanggol niya ang Pilipino (I am really angry… I just wish we fight fair, but now Gloria is meddling with it… I just hope somehow she could defend the Filipino),” she said.

    “Our fight is like that of David and Goliath. We never got any help from the government throughout this fight, we never asked anybody for help. It was my family that worked for this… And that VFA? (Visiting Forces Agreement), it’s only them (government) that benefits from it,” added the long-time civilian employee of the Philippine Navy.

    Nicole, her family and legal team have been opposed to the US retaining custody over Smith, the 21-year-old Marine convicted and jailed on Dec. 4 for raping the Filipino woman last year. The legal dispute is now pending before the Court of Appeals.

    The government, meanwhile, through the justice and foreign affairs departments and Malacañang, have been asserting the right of the US to maintain custody of Smith while he appeals his conviction, in compliance with the country’s obligations under the VFA.

    The US military recently announced the cancellation of the RP-US war games next year because of the custody dispute. In light of the announcement, the Office of the Solicitor General filed before the appellate court on Friday another agreement between the Philippines and the US for Smith’s return to the US Embassy, with Philippine authorities given “inspection rights.”

    The VFA, a treaty that spells out legal protection of US troops while engaged in military exercises here, has been invoked by Smith, the US Embassy and the Philippine government in insisting his return to US authorities. Under the agreement, the US must retain custody of American soldiers on trial in Philippine courts throughout the duration of judicial proceedings.

    Both Philippine and US authorities have said the provision applied until the end of the appeals process, which Smith intends to pursue.

    But Makati Judge Benjamin Pozon, in dismissing Smith’s petition for a return to American custody on Dec. 13, ruled that “the custody of accused Smith by the US military authorities was terminated after the completion of the trial and rendition of the judgment of conviction.”

    Pozon committed Smith to the Makati City Jail (MCJ) on Dec. 4, when he found him guilty of raping Nicole at the back of a Starex van during a short ride at the Subic Bay Freeport before midnight on Nov. 1, 2005.

    As jail officials explained that the only convict at the MCJ could not be mixed with crime suspects detained there, Smith was initially held at the records section of the jail house and later transferred to what used to be a storage room, where he is under round-the-clock watch of US military officers.

    While her daughter achieved a partial victory with Smith’s conviction, her mother could only lament that her family still has to go another struggle.

    “I spent millions and this will happen? This is unfair… We spent our own money for this case then he [Smith] will not be jailed? Now, our enemy is our own government, not just the Americans,” she said, spilling her anger in Filipino.

    She said she had already spent around P2.3 million throughout the yearlong trial to pay for fare expenses in bringing herself and Nicole’s siblings to Manila from their native Zamboanga and back, Nicole’s household expenses in the Metro Manila house where she had been staying, food expenses, the duplication of pleadings and court transcripts,
    among others.

    “I have spent my savings out of my 25 years of service with the human resources department [of the Philippine Navy]. I have several loans I have yet to pay for. I have sold property. My daughter working in Italy could not even call me this Christmas day because all she has earned in the past month she sent me for our expenses during the trial,” she said.

    “My children now, they have nothing special this Christmas… We used to have grand Christmas celebrations but now, we can’t,” she continued. She added that her family’s remaining saving grace was her canteen at the Zamboanga military base, one frequented by both Filipino and US servicemen.

    She added that the P100,000 worth of damages the court awarded her daughter, still unpaid for as Smith is bent on appealing his case, could not compensate for the financial and emotional trauma her family experienced because of the case.

    “Yung P100,000, pang-taxi ko lang ‘yon eh… Ganon na lang pala kamura ang babae sa Pilipinas ngayon, ganon na lang pala kamura ang dangal ng babae ngayon (That P100,000 would only cover my taxi expenses. So, this is how cheap a woman is in the Philippines. This is how cheap a woman’s honor is),” she said.

  36. kitty says:

    Nicole’s ma bares ‘offer’

    First posted 02:05:34 (Mla time) 2006-09-16
    Volt Contreras
    Inquirer

    THE mother of the Filipino complainant in the Subic rape case has not only assailed the supposed incompetence of the public prosecutors but also alleged that their leader had “proposed” a settlement with the accused US Marines.

    Speaking with reporters a day after she and her daughter “Nicole” walked out of the courtroom of Makati Judge Benjamin Pozon only minutes before the 1 p.m. hearing was to start, the mother claimed that Senior State Prosecutor Emilie Fe de los Santos began floating the purported proposal in July and warned that if Nicole’s family passed up this option, “your daughter’s case might be traded off with the Bolante case (kung hindi, baka yung kaso ng anak ninyo maging kapalit ng Bolante case).”

    It was a reference to former Agriculture Undersecretary Jocelyn “Joc-joc” Bolante, the purported architect of the P728-million fertilizer fund scam, who is now being held in a US detention center.

    The mother said De los Santos gave no indication of what this possible “trade” could mean in connection with Bolante’s case.

    Reached by phone in Biliran, an enraged De los Santos denied having pushed for a settlement.

    “It was her (Nicole’s mother) who asked me for advice in case there will be a negotiation, what will be its effects,” De los Santos said, adding:

    “Ngayon binabaligtad niya (Now she’s turning it around). That’s a lie. They asked for advice and I merely explained the procedure, but that doesn’t mean I was pushing for the negotiation.”

    The mother was combative, but she later dissolved in tears during an hourlong meeting with a group of reporters at a restaurant in Quezon City in the early hours yesterday.

    Back on the stand

    Nicole, her private lawyer Evalyn Ursua, and her therapist Dr. June Pagaduan-Lopez were present at the meeting.

    The mother also said the lead prosecutor in the landmark case had wanted to put Nicole back on the stand, for her to tell the court that “she wants out, she’s already tired, and that her lawyer can’t do anything about it.”

    Nicole completed her testimony in July.

    The mother said she decided to go public only now—or about two months later—about De los Santos’ purported moves after another public prosecutor, Nolibien Quiambao, came “unprepared” for her cross-examination last Monday of the principal accused, Lance Cpl. Daniel Smith.

    “I observed the public prosecutors first … and my daughter and I went sleepless for many nights this whole time,” the mother said in Filipino.

    She said Quiambao’s performance in court on Monday got her “worried” because it “pieced together” what De los Santos had supposedly told her.

    “Nilaro niya kami (She toyed with us),” she said, referring to De los Santos.

    Fertile imagination

    As to the rape case’s supposed link to the outcome of the Bolante case, De los Santos was emphatic and let drop a few invectives before saying: “I don’t know where they got that; they have a fertile [imagination].

    “In the first place, I would be at my craziest to claim having anything to do with the Bolante case. It’s not even at my level [in the Department of Justice].

    “I may not be a darling of the press, but nobody can question my credibility in my 13 years in the service. I may be mataray (shrewish), but I’m not a liar.”

    De los Santos also all but confirmed the long-rumored rift between the public prosecution panel and Ursua, Nicole’s private lawyer, whom the prosecutor described as a “militant.”

    “We all know Ursua is behind all this,” she said in Filipino.

    She hinted at a full-blown showdown when she returns to work on Monday: “They will get it from me when I come back.”

    De los Santos, who said she was in Biliran attending the wake for her slain kumpadre, former Gov. Danilo Parilla, also questioned the timing of the outburst from Nicole’s mother.

    She said it was tantamount to “blackmail” and a breach of the confidentiality of lawyer-client communications.

    De los Santos was not at the courtroom on Thursday when Nicole and her mother walked out of the Makati City Regional Court’s Branch 139.

    Late Thursday night, Nicole—with her mother, Ursua and Lopez—called a press conference in Quezon City to report that she had sent a letter to the DOJ seeking the replacement of all her public prosecutors except Hazel Valdez.

    She said the letter had been ready the night before.

    Lull in the hearing

    Nicole’s mother likewise claimed that:

    De los Santos also approached Nicole’s elder brother about the “settlement.’”

    De los Santos mentioned the Bolante case during a lull in the hearing where supposed prosecution witness Timoteo Soriano, the driver of the van where the purported rape took place, did not show up. (That hearing was on July 17, or 10 days after Bolante’s arrest in Los Angeles.)

    De los Santos said the families of the accused US Marines had agreed to a settlement and that Nicole’s mother should say “what you want in writing.”

    According to De los Santos, Nicole and her siblings could also choose to withdraw from the public eye by going to the United States.

    The plan was to have Nicole telling the court she wanted out, preferably before the defense could begin its presentation of evidence.

    De los Santos parried all these almost point by point, reiterating that she and Nicole’s mother had exchanges about a possible settlement only because the latter had “asked for advice, and I was explaining the procedure.”

    “If they wanted to negotiate, then they have to put it in writing … and Nicole has to take the stand again to say that she’s desisting. What’s wrong with that? That’s procedure,” the prosecutor said.

    ‘For the Filipinos’

    Nicole’s mother was running the family-owned canteen in the Army’s Southern Command camp in Zamboanga City when her daughter, while vacationing with two siblings at the Subic Bay Freeport, was allegedly raped by Smith on the night of Nov. 1, 2005.

    She has been a civilian supervisor for 25 years in the Philippine Navy where Nicole’s father, now deceased, was an officer. She has since remarried.

    In yesterday’s interview, while saying that it was up to Nicole to pursue the trial and that both she and her daughter were “still very much interested” in the case, she pointed out that winning it was “no longer just for us but for the Filipinos.”

    “Where is our government now?” she cried. “We were given public prosecutors, but you wouldn’t know where their loyalty is.”

  37. kitty says:

    CAN’T YOU GET IT……..STUPID…… WE KNOW YOUR KIND……….

    WE DO KNOW…WE CAN SEE… MOTHER AND DAUGHTER ARE GUDDAM SCHEMING WHORES.

  38. kitty says:

    Nicole’s ma prepares affidavit for NBI

    First posted 23:42:33 (Mla time) 2006-09-26
    Volt Contreras
    Inquirer

    WITH the legal battle of “Nicole” reaching its final stage, her mother appears to be on the verge of another.

    Private lawyer Evalyn Ursua said Tuesday that her client’s mother would submit an affidavit shortly to the National Bureau of Investigation on the purported disclosure by a public prosecutor that the rape case could be “traded off” with the case of former Agriculture Undersecretary Jocelyn “Joc-joc” Bolante, who is detained in the United States.

    In media interviews two weeks ago, the mother said Nicole’s lead government counsel, Senior State Prosecutor Emilie Fe de los Santos, had proposed a settlement of the case as early as July. She also said De los Santos had warned of the tradeoff if Nicole passed up the option.

    The mother could not elaborate when asked how exactly the two high-profile cases would figure in the purported arrangement.

    The supposed Bolante connection also never cropped up again in subsequent media statements made by Nicole against her public prosecutors, four of whom she had requested Justice Secretary Raul Gonzalez to replace.

    De los Santos has strongly denied the allegations.

    Ursua said the NBI, which Gonzalez had ordered to look into the mother’s claims, had approached her and “asked if we are filing criminal charges against De los Santos.”

    “Our response is that we will submit an affidavit and it’s up to [the NBI’s] evaluation whether charges should be filed,” Ursua told the Inquirer.

  39. kitty says:

    I BELIEVED DE LOS SANTOS MORE……………HA..HA….HA….HA

  40. kitty says:

    ‘We’ll fight to the end’

    First posted 01:20:21 (Mla time) 2006-09-17
    Volt Contreras Armand Nocum
    Inquirer

    THE Filipino woman accusing four US Marines of rape stood firm yesterday against any settlement of the case and wondered whether the government was “really interested in getting justice” for her.

    In a statement issued last night, the 22-year-old “Nicole” declared: “My fight will be until the very end.” It was her second time this week to speak out over what she and her mother said was the “incompetence” displayed by the public prosecutors assigned by the Department of Justice to argue her case, particularly during the cross-examination of her alleged rapist, Lance Cpl. Daniel Smith.

    The two-page statement faxed to the Inquirer was issued a day after Nicole’s mother claimed that Senior State Prosecutor Emilie Fe de los Santos, the chair of the public prosecution panel, “proposed” as early as July that the complainant enter into a settlement with the accused. (Reached by the Inquirer in Biliran on Friday, De los Santos issued a vehement denial and described the claim as “blackmail.”)

    “I am very much interested in pursuing my case,” Nicole said in the statement. “From the very beginning, my mind was set to pursue the case and not be influenced by other people, by any means.”

    She said she had called for the replacement of four of the five public prosecutors because she was “extremely disappointed” with the cross-examination of Smith by Nolibien Quiambao, the lone man on the team.

    “It was obvious that the state prosecutor did not prepare for it. Even the judge questioned [him] if he was doing a cross-examination. I begged the senior state prosecutor to allow my private prosecutor (Evalyn Ursua) to cross-examine, but she told us no,” Nicole said.

    The state prosecutors are in charge of the criminal aspect of the case; Nicole’s private lawyers (Ursua, Honorato Aquino and Anna Liza Gonzales) are handling the civil aspect.

    Silent on Bolante

    Nicole said she was standing by her mother’s statement on Friday that a proposal to settle was made by De los Santos.

    “I believe in my heart that my mother did not lie,” she said, adding in Filipino: “She kept this from me for a long time because she didn’t want me to be dismayed and lose courage.”

    But Nicole’s statement was silent on her mother’s claim that, according to De los Santos, the highly charged rape case would be “traded off” with the case of former Agriculture Undersecretary Jocelyn “Joc-joc” Bolante if Nicole chose not to settle.

    (Bolante, the purported architect of the P728-million fertilizer fund scam linked to alleged election machinations in 2004, is under detention in the United States, fighting extradition.)

    Of the trade-off claim by Nicole’s mother, Justice Secretary Raul Gonzalez yesterday angrily said on the phone: “That’s baloney, that’s totally false, that’s untrue.”

    Gonzalez pointed out that at the time De los Santos supposedly told Nicole’s mother about the trade-off, the Bolante case was not yet a big issue.

    He said the rape trial had now taken “a political angle,” which “explains why they are suddenly linking” the two cases.

    “The direction there is somebody from the opposition taught them to hit GMA (President Macapagal-Arroyo) with this issue,” he said.

    Who’s lying?

    Gonzalez issued a “challenge” to both Nicole’s mother and De los Santos to undergo a lie detector test to determine who was lying.

    He said Nicole’s mother could even take the test at the US Embassy or with independent “truth verifiers” if she did not want to undergo the procedure at the National Bureau of Investigation, an agency under the DOJ.

    Besides, he said, “we have not been talking about this Bolante case at the DOJ, so there is no reason for De los Santos to discuss it [with Nicole’s mother].”

    Gonzalez said the attention given Nicole and her camp could have gone to the mother’s head.

    “They’re so pampered by the public… They think they are so much of a celebrity that whatever they do, the prosecution will kowtow to them. What they are doing is so unkind, and I resent it,” he said.

    Gonzalez said on Friday that he might be ready with a new panel of prosecutors by next week, after he had evaluated Nicole’s letter of request to Chief State Prosecutor Jovencito Zuño.

    But yesterday, he appeared to have changed his mind.

    ‘I’m not that stupid’

    “We should first listen to the statements of the prosecutors…” Gonzalez said. “We cannot have our prosecutors used as punching bags. We cannot just replace them simply because somebody says they do not like the way they look.”

    In her statement, Nicole lashed out at Gonzalez who had said on Friday that she might again be “imagining things.”

    Noting that Gonzalez had “expressed from the start his disbelief in my claim of rape,” Nicole said: “Mr. Secretary, I did not imagine the rape. Since your people are supposed to be prosecuting my rapists, you should never have said that.

    “I’m not that stupid to have put myself in this predicament by making things up.

    “I only want people to know the truth and achieve justice for what Daniel Smith and the other accused had done to me. Fighting for my dignity as well as the dignity of my country and standing up firmly for the case is the most courageous thing that I have ever done.”

    Nicole, a college graduate from Zamboanga City, also said that having come this far, “why would I think of a settlement?”

    She said Ursua had also told her that she had “the option to settle” and that this was her “right.”

    “[But] I said to her that to settle is to think only of the short term, and I don’t want to blame myself that I did not fight,” Nicole said, adding:

    “I know I will be bothered by my conscience someday if I didn’t fight and seek justice.”

    Stunned

    Speaking on Vice President Noli de Castro’s radio program, “Para Sa Iyo Bayan,” Hazel Valdez, the only one among the state prosecutors the complainant wanted retained, said Nicole’s mother had failed to appreciate the rules of court as well as the sacrifices of the team.

    Valdez said she and her colleagues were stunned by the claims of Nicole’s mother.

    She said she did not believe that De los Santos had proposed a settlement. And if there had been “an instruction for a trade-off,” she said, the team would not have pushed through with the case.

    She also said that among the public prosecutors, only she had been reaching out to Nicole and her family, but “on a professional basis.”

    Valdez said there was no basis for Nicole’s request that the DOJ replace the four other state prosecutors.

    She also said the claim by Nicole and her mother that Quiambao did not ask the right questions during his cross-examination of Smith was incorrect.

    “They should understand that not everything they want is acceptable in court,” Valdez said. “The record will bear us out that of the questions they wanted asked, some were objected to by the defense and sustained by the judge; the other questions were objectionable, or not allowed under the rules.”

    Over-reaction

    Valdez said it was natural for Smith to defend himself and portray Nicole in a bad light, in the same way that the complainant painted a negative image of the accused.

    “Maybe [they] are just over-reacting,” she said.

    Asked by De Castro if she would stay on as a prosecutor in the case, Valdez reiterated that it was up to the justice secretary to decide the matter. With a report from Cynthia D. Balana
    # pusa Says:
    January 17th, 2007 at 6:47 pm

    ‘Nicole’ and mom insist: Replace panel of lawyers

    First posted 22:13:10 (Mla time) 2006-10-04
    Tetch Torres Volt Contreras
    INQ7.net Inquirer

    (UPDATE) OFF-COURT hostilities continue between the Filipino complainant in the Subic rape case and the chief prosecutor even as the landmark trial nears its conclusion.

    In official statements, the mother and brother of “Nicole” on Wednesday narrated to the Department of Justice 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.

    The mother claimed in an affidavit written in Filipino that De los Santos had once conceded ‘’we cannot do anything if they call up the judge’’ to secure the acquittal of the four accused US Marines.

    “Delos Santos told me that the family of the accused already agreed for a settlement,” Nicole’s mother said in an affidavit. “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,” she said.

    As to who exactly could make that ‘’call’’ to Judge Benjamin Pozon of the Makati Regional Trial Court was not clear in the statement that the mother attributed to De los Santos.

    Also on Wednesday, the public prosecution panel led by De los Santos canceled plans to conduct a rebuttal which the court earlier scheduled for Thursday — a move that would likely speed up the resolution of the case.

    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 US Naval base, while three other Marines cheered him on. If convicted, all four face a maximum of 40 years in jail.

    But the mother maintained that the prosecutor brought it up in a late afternoon meeting last July 17 at the Coffee Bean and Tea Leaf coffee shop in Greenbelt, Makati. She said it was De los Santos who called for that meeting

    In that meeting, she said, Delos Santos purportedly warned: ‘’You better enter into a settlement or your daughter’s case might be traded off with the Bolante case.’’ She was referring to former agriculture undersecretary Jocelyn “Jocjoc” Bolante, who has been detained in the US.

    ‘’I asked her how could that happen. She said: ‘We cannot do anything, anyways, if they will call up the judge and to.’’

    And should they opt to live in the US, “Delos Santos said we should indicate how much money we need,” said the mother.

    Delos Santos had denied the accusation, and called the woman and her mother “liars” and “ingrates.”

    Gonzales has ruled out an out-of-court settlement even as he ordered an investigation into the “tradeoff” allegations.

    The Subic rape trial was supposed to resume Thursday with the retained prosecution panel doing some finishing touches. Conducting a rebuttal, it is expected to call back to the stand two of its previous witnesses, agents Guy Papageorge and Tony Ramos of the US Naval Criminal Investigative Service.

    The two NCIS agents were expected to defend the accuracy of their fact-finding reports on the case, particularly their interview with one of the accused, Marine Lance Cpl. Daniel Smith.

    At the last hearing, Nicole’s lawyers announced plans to the summon agents back after Smith claimed during his testimony that he was ‘’misquoted’’ many times in the NCIS report which now forms part of the prosecution evidence.

    But in an interview at around 5 p.m. Wednesday, Delos Santos said her team had decided that there will be ‘’no more rebuttal.’’

    ‘’After going over the records of the case, we are confident that we have shown the court that there was no reason for the NCIS agents to distort their report since their functions were purely fact-finding, with no recommendatory powers,’’ she explained.

    The alleged rape has stirred emotions in the former American colony and, according to some, has tainted the US counterterrorism training, which has been credited with helping Filipino troops crush Muslim militants in the country’s restive south.

    The Marines had just taken part in a counterterrorism exercise in the northern Philippines and were on leave at the time of the alleged incident.

  41. kitty says:

    US Marine accused of rape in RP hopes ‘lies will stop’
    First posted 17:25:55 (Mla time) 2006-07-17
    Associated Press

    A 21-year-old US Marine accused of raping a Filipino woman has said the case has ruined his life and career.
    “I think it’s horrible what I’ve been accused of,” Lance Corporal Daniel Smith, of St. Louis, Missouri, said in response to questions submitted through his lawyer by The Associated Press.
    “This place has taken a year off of my life that I can never get back and I just hope the lies will stop and the people will start to see the truth,” Smith said in the answers faxed to the AP by his lawyer Sunday.
    He refused to answer questions related to the case because court proceedings are still ongoing. The US Embassy, which has custody of the Marines, has restricted media contact with Smith and the other accused.
    Smith, along with three other Marines accused in the case, refused to enter pleas to the rape charges, so the judge entered not guilty pleas on their behalf. If convicted, they face a maximum 40 years in jail.
    “My career and my life in general has come to a screeching halt,” he said.
    Smith said his family and friends initially thought he was joking when he first told them he had been charged with rape.
    “They are all praying for the day that I tell them I’m cleared of all of these allegations and that I will be coming home to see them,” said Smith, the second of three sons of a nurse and a firefighter.
    “We have always been a really close family and I can’t wait to get back and see them once all this is cleared up,” said Smith.
    Smith, during a chance interview in court, had earlier said it would be too expensive for his parents to fly to the Philippines for the trial, and that they could not afford to leave their jobs. But he said he would call home a lot to talk to family and friends.
    A 22-year-old woman has accused Smith of raping her in a moving van at the Subic Bay free port, a former US Naval base, on November 1 while Staff Sergeant Chad Carpentier, Lance Cpl. Keith Silkwood and Lance Cpl. Dominic Duplantis allegedly cheered him on.
    She testified that she resisted, but was drunk and too weak to stop the assault.
    Defense lawyers said the woman and Smith had consensual sex.
    Smith said when he was not in court for the hearings, which are held four days a week, he listens to music and swaps stories with his co-accused.
    He and Silkwood also attend services held by visiting pastors, and “that helps us with a positive outlook on all of this,” he said
    Smith said he joined the Marines in 2004, two days after his high school graduation, to get a jump start on life and to help pay for a college education.
    He said he was stationed in Okinawa, Japan. The Marines had just finished counterterrorism maneuvers with Philippine troops when the alleged rape took place.

  42. kitty says:

    CAN’T YOU SEE….IT RUNS IN THE FAMILY…….. LIKE MOTHER LIKE DAUGHTER…..

    BUNCH TO TROUBLE MAKERS!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!

    THEY SHOULD CHARGE YOU WITH PERJURY AND OTHER CRIMINAL OFFENSE, WASTING OUR TAX PAYERS MONEY AND FILIPINAS’ REPUTATION IN THE EYES OF THE WORLD NOW…… PUTANG INA MO, SUZETTE!!!!

  43. kitty says:

    US Marine charged with rape in RP wants to clear his name

    First posted 22:16:48 (Mla time) 2006-10-04
    Associated Press

    A US MARINE charged with raping a Filipino woman on Wednesday said he would not agree to any settlement of the case because he wants to prove his innocence and clear his name.

    Lance Corporal Daniel Smith, 21, from Thibodaux, Louisiana, told a Manila television station that he was confident a Makati court handling the case would acquit him and three other Marines of the rape charges.

    The alleged victim, who turned 23 last month, has testified that she was too drunk and weak when Smith assaulted her inside a moving van on November 1, while Staff Sergeant Chad Carpentier, Lance Corporal Keith Silkwood and Lance Corporal Dominic Duplantis allegedly cheered him on. If convicted, all four face a maximum of 40 years in jail.

    “It’s just natural for somebody to be scared of (being found guilty) when they put their lives on somebody else’s hand, but knowing that I’m innocent, it’s just completely off the wall … for anybody to decide that we were guilty,” Smith told GMA News.

    “Even if there was an attempt to settle, I wouldn’t want to because this is my life here and I’m being accused of what I feel is the worst thing anybody can be accused of,” he said, reacting to allegations by the complainant’s mother that prosecutors tried to talk her into agreeing to a settlement. “I would like my name to be cleared.”

    Smith maintains the sex was consensual, and his fellow marines have backed up his testimony. However, prosecution witnesses have testified the alleged victim was drunk and had to be carried on Smith’s back into the van, then carried out of the van and left on a sidewalk, with her pants down.

    Judge Benjamin Pozon of the Makati Regional Trial Court said he expects to hand down his ruling by next month.

    “I just want to point out to him that he abused me so I filed a case against him,” the alleged victim told GMA News, whose video showed only her mouth as she spoke in reaction to Smith’s comments. “He picked up the wrong girl … I would really fight.”

    The case has stirred emotions in the former American colony and resurrected controversies linked to the U.S. military’s presence in the Philippines, which has been credited with helping Filipino troops crush Muslim militants in the country’s restive south.

  44. kitty says:

    SBMA consultant denies telling Nicole to accept ‘payment’

    First posted 19:17:42 (Mla time) 2006-06-27
    Veronica Uy
    INQ7.net GMA7

    (2ND UPDATE) A CONSULTANT of the Subic Bay Metropolitan Authority (SBMA) has denied that he advised the camp of a Filipina who accused four US servicemen of rape to just accept “payment” instead of filing a case against them, according to a report on GMA Network’s ”Flash Report”.

    Ben Natividad disputed on Tuesday a claim by the complainant’s stepsister, Anna Liza Franco, that he issued such a statement following the alleged incident last year that implicated Lance Corporals Daniel Smith, Keith Silkwood, and Dominic Duplantis; and Staff Sergeant Chad Carpentier, according to the report.

    Franco testified before the Makati regional trial court on Monday that before the victim, identified in media as “Nicole,” could lodge her complaint, three Filipinos, including Natividad, had added to her stepsister’s ordeal.

    The other two were a woman doctor who sneered at Nicole’s story and an eyewitness who initially denied having seen the victim.

    Earlier on Tuesday, a bartender of the Neptune Club enumerated the ingredients of the alcoholic drinks the complainant drank the night of the alleged incident.

    Evalyn Ursua said the testimony of bartender Roger Sanidad was meant to illustrate the potency of the concoctions downed by the complainant, “Nicole,” the evening of November 1, 2005.

    The defense maintains that Smith had consensual sex with Nicole.

    But the prosecution contends Nicole was too drunk to have consented to sex.

    The drinks, as enumerated by earlier prosecution witnesses, including Franco, were Vodka Sprite, Long Island Iced Tea, B-52, Singapore Sling, and Bullfrog. These witnesses said Nicole drank half a pitcher of Bullfrog aside from at least a shot each of the other drinks.

    Sanidad described Vodka Sprite as one part vodka and three parts Sprite; Long Island Iced Tea is vodka, gin, tequila, white rum, triple second, lemon juice, and coke; B-52 is Kahlua, Bailey’s, and Grand Marnier; Singapore Sling is gin, cherry brandy, lemon juice, and soda water; and Bullfrog is vodka, gin, pineapple juice, Sprite, and lime juice.

    He said Vodka Sprite was served in an eight-ounce glass, B-52 and Singapore Sling in a 25-milliliter shot glass, Long Island Iced Tea, and Bullfrog in a 10-ounce glass.

    Sanidad said Bullfrog was also served by the pitcher.

    Meanwhile, Franco, taking the witness stand for the third time, was grilled by defense lawyers who tried to demolish her testimony on the circumstances surrounding the alleged rape.

    Defense lawyers Jose Justiniano and Francisco Rodrigo asked Annaliza Franco why she did not stop her stepsister Nicole from drinking alcoholic drinks on several instances before and on the night of the alleged rape.

    On cross examination, Franco admitted that on October 30, 2005, Nicole had downed two shots of Vodka Sprite, one after the other, on a bet with their American serviceman friend Christopher Mills.

    She also recalled for the court the details of the time they spent at the Neptune Club on November 1 before Nicole disappeared.

    “There were no dramas today,” private prosecutor Evalyn Ursua said, reiterating her previous statements that regardless of the state of Nicole’s inebriation, she should not have been raped.

    “Even a very drunk person lying in bed should not be raped,” she said.

    After the hearing, Justiniano told reporters that a book called Legal Medicine by Pedro Solis would prove that the moral standards of a person who has downed alcoholic beverages, which are considered toxic, are lowered.

    The cross examination on Franco is not yet over but she will not take the witness stand on Thursday as she has to return home to Zamboanga.

  45. kitty says:

    Subic rape victim, family running out of money

    The Philippine Star 06/22/2006

    The legal battle between the 22-year-old Filipina and the four US Marines whom she has accused of raping her is costing her and her family money.

    All four accused US Marines — Lance Corporals Daniel Smith, Dominic Duplantis, Keith Silkwood, and Staff Sergeant Chad Carpentier — have been attending the trial proceedings since June 2.

    Twelve days into the marathon hearings, “Nicole” now owes stenographers at the Makati City regional trial court (RTC) some P10,000.

    Private prosecutor Evalyn Ursua said the legal funds “Nicole” has been receiving from supporters are not enough, and are fast running out.

    Ursua said copies of stenographic notes alone, which provide prosecution lawyers with a transcript of each hearing, cost more or less P2,000 each trial day.

    “It’s P10 per page,” she said. “We have to buy it. Transcripts cost us P2,000 a day which translates to P8,000 a week.”

    Ursua said paying for copies of stenographic notes is just “the tip of the iceberg,” since prosecuting the Subic rape case will require funding for other litigation costs.

    “That’s plus transportation of witnesses and lawyers plus meals plus paper, photocopying, ink, mailing and investigation expenses,” she noted.

    Six different stenographers from other Makati courts record the proceedings at the Subic hearings, according to Judge Liza Marie Picardal-Tecson of Hagonoy, Bulacan metropolitan trial court, former clerk of court of Makati Judge Benjamin Pozon, who is hearing the rape case.

    Tecson said at least two stenographers attend each hearing so that the second can fill in for the other so that each and every detail is recorded accurately.

    The Rules of Court allow stenographers to charge for copies of stenographic notes as an added income, while a percentage goes to the Office of the Clerk of Court of the Supreme Court, she said. — Michael Punongbayan

  46. kitty says:

    Thursday, October 05, 2006
    Nicole’s mom insists prosecutor offered ‘new life in US’ for them
    MANILA — The lead prosecutor handling the Subic rape case has promised a new life in America for Nicole and her family if she will agree to a compromise settlement of the case.

    In a sworn statement submitted to Justice Secretary Raul Gonzalez Jr., Nicole’s mother said Senior State Prosecutor Emilie Fe delos Santos invited her to a meeting in a coffee shop in Makati last July 17 at 5 p.m. to discuss the proposed settlement.

    In a letter, Nicole, who was allegedly raped by four US servicemen, appealed Wednesday to the justice department to replace a team of government prosecutors handling the case, which the justice secretary refused.

    The affidavit of Nicole’s mother and brother detailing the alleged attempts to settle the case out of court were attached in her letter request to replace the government prosecutors assigned to her case.

    The affidavit has been turned over to the National Bureau of Investigation (NBI), which was tasked to look into allegations that the prosecutors had offered to settle the rape case against the US Marines in exchange for the freedom of former agriculture undersecretary Jocelyn “Joc-Joc” Bolante.

    Bolante, alleged architect of the P728 million fertilizer fund scam, is currently detained in the US in connection with his cancelled B1-B2 visa.

    During that meeting, delos Santos supposedly told the complainant’s mother that the family of the four accused US servicemen have agreed to a settlement.

    The state prosecutor reminded her about Nicole’s testimony in open court that because of the rape, she’s ashamed of going back to Zamboanga City and she wanted to reside in another place.

    She further narrated that delos Santos persuaded her to name a sum of money, which her family could use should they decide to migrate to the US to start anew.

    She also said delos Santos further told her that they should agree to settle before US authorities put in the pressure in exchange for Bolante’s freedom.

    When she asked if other members of the prosecution panel knew of the proposed “amicable settlement” of delos Santos, the mother said no and saying she was the only one privy to it.

    Last July 28, delos Santos again called her up and told her to immediately apply for a US visa at the embassy to expedite the processing of her immigration papers.

    She said she decided not to tell her daughter about the meeting for fear that it might dishearten her.

    Last Sept. 11, when principal accused Lance Corporal Daniel Smith was to be cross-examined by the prosecution, she asked delos Santos to allow private counsel Evalyn Ursua to cross-examine him but the lead counsel refused and told her that it was the instruction of Chief State Prosecutor Jovencito Zuño.

    Their dissatisfaction with the performance of the panel prompted the complainant’s camp to ask the justice office to replace the members of the panel except for State Prosecutor Hazel Valdez but Gonzalez rejected it.

    The justice department likewise denied forging any agreement to settle the rape case against the four US Marines — Smith, Chad Carpentier, Dominic Duplantis and Keith Silkwood — adding that some anti-administration groups such as Gabriela may have been “peddling lies” to the family of Nicole to inflame the situation.

    Gonzalez earlier ordered the NBI to look into the allegations of a trade-in of the case for Bolante’s release to erase the negative public perception generated by the dispute between the complainant and the state prosecutors.

    Among those covered by the investigation were Nicole’s mother and brother as well as the five-member panel led by delos Santos and public counsels Valdez, State Prosecutors Noli Quiambao, Elizabeth Berdal and Lagrimas Agaran. (Sunnex

  47. kitty says:

    ‘Bribe offered to silence us’ — witness
    06/27/2006
    The family of the 22-year-old Filipino woman who filed rape charges against four United States military servicemen was offered an undetermined amount of money in exchange for the dropping of the case against the accused.
    Ana Lisa Franco, the stepsister of the com-plainant, during the continuation of her testi-mony, yesterday told the Makati Regional Trial Court (RTC) that one of the officials of the Subic Bay Metropolitan Authority (SBMA) approached them and offered money to settle the charges against the US Marines, but that she had refused it.
    She identified the alleged “mediator” as Ben Natividad, executive assistant of SBMA chief Feliciano Salonga.
    Franco said the offer was made on Nov. 2, 2005, the day after the alleged assault, at the Investigation and Intelligence Office (IIO) of the SBMA.
    Private prosecutor Evalyn Ursua, for her part, said, “There was an effort to silence the family. There was an offer of payment (made) to them although it (amount) was not specified.”
    She added the person
    who allegedly offerred settlement if it was intended for giving up the case against Lance Cpls. Daniel Smith, Chad Carpentier, Dominic Duplantis and Keith Silkwood.
    “The witness (Franco) did not say how much, but it happened inside the IIO in SBMA where they were asked to just settle the case,” Ursua said.
    The prosecutor stressed Franco’s testimony regarding alleged settlement only disproved all rumors circulating against the girl’s family that they are just interested in money.
    “This just proves that the family is not after settlement of any amount,” Ursua added.
    She pointed out the circumstances surrounding the “offer” was kept secret by Franco and “Nicole,” the complainant, for fear of retaliation against their family.
    Jose Justiniano, Silkwood’s lawyer, said the first time he heard the name Natividad was when Pacquito Torres of SBMA’s IIO informed him Natividad had indicated that six Americans were being charged with rape.
    The defense also tried to discredit the testimony of Franco by casting doubts on her claim that Nicole was already drunk when she was taken out of the Neptune Club, loaded into the Starex van where she claimed she was raped and dumped half-naked into a parking lot.
    Franco admitted she and the complainant had taken four types of drinks ordered for them by US Navy friend Christopher James Mills despite the fact that those were “unfamiliar” to them.
    She said she had seen her dizzy sister consume half a pitcher of “bullfrog” straight while being cheered on by unfamiliar Americans.
    Justiniano, however, claimed the fact that the sisters testified they already felt dizzy after consuming several rounds of liquor and still refused to go back to the hotel speaks something out of normal.
    “It’s not normal for a person to go to an unfamiliar club, much more to order and drink wine that is unfamiliar to them,” he said.
    “If they were not drinkers, they (sisters) should have taken fruit juice drinks instead of allowing others to order unfamiliar drinks for them,” the defense lawyer added.
    Ursua, however, said the questions and issues raised by the lawyers of the accused were immaterial to the case, such as Justiniano’s delving into the details of the drinks ordered by Franco and Nicole the night of the alleged assault.
    She added being drunk and having a good time are not relevant to the crime of rape.
    Ben Gines Jr.

  48. kitty says:

    ‘Nicole’ ready to start over, prefers work abroad

    First posted 18:52:44 (Mla time) 2006-12-05
    Tetch Torres Teresa Cerojano
    INQ7.net Associated Press

    (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.

    When asked what she had felt for Smith after the verdict was handed down, “Nicole” said, “I felt pity for him.”

    “I am only human. I did feel pity for him. Like me, he is still very young. But of course if he hasn’t done it, all these would never happen,” she said.

    “That is the law, he [Smith] should be punished,” “Nicole” said, adding the US serviceman should not be given special treatment.

    “Nicole” reiterated however that she was not ready to forgive Smith.

    “Forgiveness? Not now,” “Nicole” said, adding that Smith has to admit first that she is telling the truth.

    “Nicole” said that she and her family would spend Christmas in Manila. She said she was still reluctant to return to the province of Zamboanga where she had been living before incident.

    Smith, from St. Louis, Missouri, was immediately whisked away to a Manila jail after the court issued the verdict Monday, capping a long emotional trial that resurrected controversies linked to the US military presence in the Philippines. Three other Marines — Lance Corporals Keith Silkwood and Dominic Duplantis and Staff Sergeant Chad Carpentier — were acquitted.

    One of Smith’s lawyers, Benjamin Formoso, said the Marine “was in shock. He was crying yesterday when he talked to his parents.”

    He said he filed an appeal after the verdict Monday and another petition may be filed before the Supreme Court to seek US custody of Smith –although he admitted that diplomatic channels may be a faster way to solve the thorny issue of custody.

    Smith spent the night at the city jail of Makati, Manila’s financial district, where he was confined in a room separate from other prisoners for security reasons, said warden Superintendent Delvic Oriero.

    “He’s still tense, he’s hanging on,” said Enrico Uyehara, a lawyer for one of the acquitted Marines who visited Smith. He said Smith told him he had trouble sleeping.

    The case has tested a joint military pact that paved the way for US counterterrorism training, which was credited with helping local forces make gains against Muslim extremists.

    Left-wing groups have staged regular protests outside the US Embassy, claiming the American servicemen were getting special treatment that undercut the country’s sovereignty.

    Zosimo Paredes, head of the Philippines’ Visiting Forces Agreement Commission, said the agreement was clear that after all appeals are exhausted, Smith would be detained in the Philippines.

    But it was less clear whether he should have been handed over to Philippine police. Smith had been in custody of the US Embassy until Monday’s verdict, and according to US and Philippine officials, US authorities can hold him until all legal appeals are exhausted.

    A Philippine police official said it appeared there had been a misunderstanding after the judge ruled that he should be temporarily held in the Makati jail.

    A scuffle briefly broke out in the courtroom Monday between US Embassy security personnel and local police. After some pushing and shoving, Philippine police took hold of Smith and led him away in handcuffs.

    “Nicole” accused Smith of sexually assaulting her while she was drunk on November 1 last year, with Carpentier, Silkwood, and Duplantis allegedly cheering him on. Smith testified that the sex was consensual.

    Copyright 2006 INQ7.net and content partners.. All rights reserved. This material may not be published, broadcast, rewritten or redistributed.

  49. kitty says:

    5 public prosecutors to stay on in Subic trial–DoJ chief
    First posted 17:54:01 (Mla time) 2006-09-18
    Joel Guinto Tetch Torres
    INQ7.net

    (2ND UPDATE) THE FIVE public prosecutors assigned to represent a Filipina who accused four US Marines of rape will stay on, Justice Secretary Raul Gonzalez said in a memorandum he issued Monday.
    Gonzalez issued the directive in response to a request by “Nicole,” a court-appointed pseudonym for the victim, and her mother to replace four of the five government lawyers for alleged incompetence.
    Senior State Prosecutor Emelie Fe Delos Santos had called “Nicole” and her mother “ungrateful, ingrate, and crazy” and accused their private lawyer Evalyn Ursua of allegedly influencing them to go against her and her colleagues.
    INQ7.net has been trying to reach Ursua for her comment as of posting time.
    “You are directed to remain as panel of prosecutors and continue to represent the People of the Philippines…Your panel shall remain in control of the entire criminal proceedings,” Gonzalez said in his order.
    Citing doctrinal pronouncements of the Supreme Court, Gonzalez said, “The intervention of the offended party or his counsel while authorized is, however, subject to the provision of Section 5 Rule 110 that all criminal actions whether commenced by complaint or by information shall be prosecuted under the direction and control of the fiscal.”
    “Nicole” has accused the public prosecutors of incompetence and sought their replacement after she claimed that one of them, Nolibien Quiambao, mishandled his cross-examination last week of Lance Corporal Daniel Smith, the principal accused.
    Chief State Prosecutor Jovencito Zuño said in a separate interview Monday that the prosecutors were “competent to handle the case. They were handpicked to handle the case.”
    The five, led by Delos Santos, appeared in Monday’s hearing at the Makati regional trial court where the defense presented Teresita Sanchez, a gynecologist, as its third witness.
    Despite their client’s allegations, Delos Santos said that “up to the last minute, we will fight for the case of Nicole even though she doesn’t want to fight for herself.”
    “After all we’ve done, we built up this case, then this ingratitude on the part of the complainant and her mother,” Delos Santos told reporters covering the trial.
    “The complainant is just a witness in this case even if she does not cooperate, the hearings will continue,” Delos Santos said.
    At the same time, Delos Santos accused Ursua, “Nicole’s” private lawyer, of influencing her client to go against them.
    In a press conference, Delos Santos alleged that Ursua was trying to get back at them after The Outstanding Women in the Nation’s Service (Towns), of which Ursua is a member, withdrew a 300,000-peso assistance that it was supposed to give to “Nicole.”
    Delos Santos said it was not clear why the TOWNS, a civic group, withdrew its offer.
    Delos Santos also noted that it was “Nicole’s” mother who was curious about what they would be getting if there would be negotiations on the case.
    “She asked me if there are negotiations, how it will be done. I told her that we, the public prosecutors are not part of such negotiations because our duty is only to pursue the criminal aspect of the case,” Delos Santos said.
    “Then, on another day she asked me if there will be money involved or a US visa can be included if there will be a negotiation. I told her to talk to her family. I reminded her [the mother] that she is not the victim, it’s her daughter, who is of age,” Delos Santos said.
    “She asked me for an advice and I gave her the best advice,” she added.
    Earlier in the day, Delos Santos called “Nicole” and her mother “ungrateful, ingrate, and crazy.”
    Delos Santos recalled how “Nicole” and her mother even thanked them for doing a good job after defense witness Lance Corporal Justin Michael Bamburger’s testimony favored the prosecution.
    “They even thanked us last Tuesday for doing a good job, then on Thursday, I don’t know why she [Nicole’s mother] suddenly got crazy,” said Delos Santos.
    “I am so angry at these ingrates, ungrateful, barefaced people,” she added.
    Delos Santos also denied the allegation of “Nicole’s” mother that her daughter’s case could be a trade off for former agriculture undersecretary Jocelyn “Joc-joc” Bolante’s case.
    “Joc-joc is a big joke. It is not even being handled by the Department of Justice. Our level is very low to handle a case like that,” Delos Santos said.
    Bolante, an ally of President Gloria Macapagal-Arroyo, is on trial before a US court after he was arrested for carrying a cancelled visa.
    Bolante has a standing warrant of arrest from the Philippine Senate, which is investigating his involvement in the alleged transfer of fertilizer funds worth millions of pesos to Arroyo’s campaign kitty in the 2004 election.
    Copyright 2006 INQ7.net and content partners.. All rights reserved. This material may not be published, broadcast, rewritten or redistributed.

  50. kitty says:

    Friday, November 04, 2005

    5 US soldiers held on rape charges

    Five US servicemen have been detained and are being investigated by the Philippine and US governments for the alleged rape of a local woman during joint military exercises, officials said Thursday.

    Foreign Affairs Secretary Alberto Romulo said that he was “deeply concerned” about the allegations and that he would “support all efforts by our authorities to investigate, prosecute and try this case.”

    “The perpetrators of this heinous crime shall be brought to justice,” Romulo said.

    The unnamed suspects are in the custody of the US Embassy in Manila, the embassy said in a statement.

    It said that both sides would work together to “determine the facts of the case,” and that the US government would “fully cooperate with the Philippine authorities in the investigation of this incident.”

    The alleged rape of the 22-year-old Filipina took place on November 1 following joint military exercises in Subic, a former US naval base north of Manila.

    The Subic Bay Metropolitan Authority said the alleged victim had been visiting a karaoke bar when she met the Americans, who invited her to go with them in a rented van.

    A few hours later, witnesses said they saw the woman being dumped unconscious from a van on a road, the Authority said in a statement.

    US troops who take part in joint exercises here are subject to a Visiting Armed Forces Agreement that provides special legal protection for actions taken as part of the war games but provides less protection for crimes committed while on leave.
    –AFP

  51. kitty says:

    ALLEGED SUBIC RAPE
    Evidence against 6 US Marines is strong–RP authorities

    First posted 02:25pm (Mla time) Nov 04, 2005
    By Veronica Uy
    INQ7.net

    Subscribe to Breaking News alerts, send ON EXTRA BREAKING to 2207 for Globe, or send EXTRA BREAKING to 386 for Smart.

    THE EVIDENCE is strong against six American servicemen accused of gang-raping a 22-year-old Filipina inside the sprawling Subic Bay commercial hub north of Manila, Philippine authorities have said.
    “There was obviously no consent,” Zosimo Paredes, executive director of the Presidential Commission on the Visiting Forces Agreement (VFACOM), said of the alleged All Saints’ Day rape by US Marines on liberty, inside the Freeport that once served as a military base for the United States.
    Subic Bay Metropolitan Authority (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.
    On Thursday, the six Marines, who participated in joint counterterrorism exercises in the Philippines, were barred from boarding their departing ship after a witness identified them as the culprits in the alleged gang rape.
    A complaint filed with the Olongapo prosecutor’s office identified the servicemen as Keith Silkwood, Daniel Smith, Albert Lara, Dominic Duplantis, Corey Barris, and Chad Carpenter.
    Charges have already been filed against them Thursday afternoon, Arreza said, with the preliminary hearing set early next week, possibly Monday.
    “We have requested that the case be expedited in the interest of both parties,” he said.
    Paul Jones, US chargé d’ affaires, said Thursday the suspects “are currently in the Philippines under the responsibility of the US embassy in Manila.”
    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’s staying until the preliminary hearing,” he said, adding that the woman’s brother have already arrived in Subic from Mindanao, and with their parents expected to arrive this weekend.
    Authorities said the six Marines met the Filipino woman on Tuesday in Subic Bay, a former US naval base that has been transformed into an industrial and recreational hub.
    The alleged victim was in a karaoke bar when she met the Americans who invited her to go with them in a rented van.
    A few hours later, witnesses said they saw the woman being dumped unconscious from a van on a road, the SBMA said in a statement.
    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. He added that the six accused Americans are not officers, but enlisted personnel.

    “We were able to successfully convince them not to leave with the ship, but we couldn’t keep them because there were no arrest warrants issued yet,” Arreza said.
    “We don’t have that authority. It is the courts that issue them,” he said.
    In case arrest warrants will be served, it is the Department of Justice that will serve them, he said.
    Arreza his office has already referred the results of SBMA’s investigation to the government prosecution and judicial authorities.
    At the same time, a US-Philippine relations expert from the Department of Foreign Affairs, who asked not to be named, said the case is “one of the worst case scenarios you could expect under the VFA.”
    The Visiting Forces Agreement (VFA) is the document that details the rules on the treatment of US armed forces visiting the Philippines for training, joint military exercises with Philippine troops, and the like.
    Ratified by the Philippine Senate in May 1999, the agreement gives the US military access to Philippine ports and airports for refueling, supplies, repairs, and rest and recreation.
    The agreement also covers situations where US troops are in the country for joint exercises or shore leave.

  52. kitty says:

    MORE MATURE NOW???????????

    TANTRUMS IS A SIGN OF MATURITY…… I SEE …………GROW UP DIRTY HO

  53. kitty says:

    #

    Nicole turns 23; her wish: Justice

    First posted 02:45:34 (Mla time) September 23, 2006
    Tarra Quismundo
    Inquirer

    WHEN “Nicole” turned 22 last year, she marked the occasion with a memorable party at her family’s canteen in the company of her closest friends, most of them US Marines.

    Her 23rd birthday yesterday was a total turnaround, with her now up against four US Marines in a landmark rape case that Filipino women’s groups consider as a symbol of the prevailing American arrogance over a former colony.

    There was no prior announcement that Nicole planned to attend yesterday’s hearing. But an hour before the 1 p.m. hearing was to start, she showed up with her mother and 23 of her sympathizers at the back of the old Makati City Hall, where hearings have been held since the trial began in June.

    The visit was quite brief.

    Members of Task Force Subic Rape, a women-led coalition of 17 organizations, gave her the biggest butter cake they could get. On it was inscribed: “Justice for Nicole, Justice for our Nation.”

    Her face barely concealed by a fisherman’s hat and sunglasses, she blew out her birthday candles and made her only wish—justice.

    Later in a phone interview with the Inquirer, Nicole said: “I have come to better know how [US Marines] really are, although I am not saying they are all like that. There are others who know how to respect women. But somehow, I became dismayed with them [in general] after what happened to me.”

    She said that despite it being her birthday, she could not help but keep her mind on the case, especially in the light of her unsettled dispute with the public prosecutors arguing her case.

    “It is hard to celebrate, to be happy, with all that is happening. I know that there are still many who believe in me, who support me, and I appreciate that. But I am still sad because I still think about the case,” she said, adding:

    “I hope that even if it’s the defense now presenting evidence, I will get justice.”

    And how has she changed since her last birthday?

    “I think I am more mature now in that I chose to fight instead of just being silent. I want to show them that I can fight them,” Nicole said.

  54. kitty says:

    STOP USING GOD. WE HAD ENOUGH FROM GLORIA ALREADY. SANCTIMONIOUS HYPOCRITE, LYING, CHEATING WHORE FOR SALE!!!

    ONCE AGAIN, DON’T COUNT YOUR EGGS IN YOUR BASKET TOO SOON WHORE FROM ATENEO DE DAVAO(???????).

  55. kitty says:

    Nicole goes on retreat; Smith gets fan mail

    By Tarra Quismundo
    Inquirer
    Last updated 08:04pm (Mla time) 12/10/2006

    A WEEK since the historic Subic rape case came to a dramatic close, the convicted US Marine and his Filipino accuser continue to lead separate but intertwined lives in a world on constant watch.

    Lance Cpl. Daniel Smith marks his first week at the Makati City Jail (MCJ) on Monday (Dec. 11) as his accuser, 23-year-old “Nicole,” spends time away from friends and family in an undisclosed retreat place just outside of Metro Manila.

    Makati Regional Trial Court Judge Benjamin Pozon found the 21-year-old Smith guilty of raping the complainant on board a moving van at the Subic Bay Freeport before midnight on Nov. 1, 2005.

    Getting little sleep at the records section of the MCJ, a separate room where he has been held for security reasons, Smith has been reading inspirational books and letters of support sent by sympathizers through his lawyers.

    “He’s gotten noticeably thinner but he’s in good spirits because he’s been getting a steady stream of support to get through this,” said Joan de Venecia, one of Smith’s lawyers.

    De Venecia told the Inquirer that Smith has been receiving letters from strangers — men, women, office employees, lawyers, admirers – who wanted to instill hope in the young Marine, the only one of four accused Marines found guilty of the heinous crime.

    Besides reading a stack of devotional books brought to him by US Embassy staff, Smith read the letters more than once to take in the optimism of letter senders and study their legal advice for his appeal.

    “He told me that that’s the reason why he could not find it in his heart to bear any grudge towards Filipinos, because there are still those who continue to give him support,” said De Venecia, who noted that Smith would occasionally smile during her visits.

    Nicole, meanwhile, decided to be in the company of the prayerful in a retreat house near Metro Manila, said her mother. Her lawyer, Evalyn Ursua, requested that her location be withheld.

  56. kitty says:

    ‘NICOLE’: MY PRAYERS WERE ANSWERED

    DON’T COUNTED YOU EGGS TOO SOON, STUPID BITCH!!!!

  57. kitty says:

    ‘NICOLE’: MY PRAYERS WERE ANSWERED

    MANILA, DECEMBER 5, 2006 (STAR) After the verdict was read yesterday, the woman known as Nicole thanked God for hearing her prayers, saying that God heard her plea for justice.

    “Nagpapasalamat po ako sa Diyos na dininig niya ang dasal ko. Thank you Lord. Nagpapasalamat din po ako pati kay Judge Pozon. Judge Pozon ang bait ninyo,” Nicole said in an interview aired by GMA Channel 7.

    She said that in her lonely search for truth and justice, she called to God and He did not fail her.

    “Ang bait po talaga ng Diyos sa akin (God is really good to me),” she said.

    Nicole, who wore a white hat to conceal her identity, held a rosary as the verdict was read.

    Believing that her struggle to fight for justice finally paid off, Nicole also thanked Makati City Regional Trial Court Judge Benjamin Pozon yesterday for sending to jail one of four US Marines charged with raping her.

    “Masaya naman ako kahit na-acquit yung tatlo (I’m happy even if the other three were acquitted),” she told The STAR in an interview hours after Lance Corporal Daniel Smith was brought to the Makati City Jail.

    In another interview with ANC, Nicole said she is happy with Pozon’s decision even though the three other Marines were acquitted.

    “Kakayanin ko lahat ano pang appeal nila,” she told ANC anchor Korina Sanchez when asked if she will continue the legal battle at the Court of Appeals.

    Nicole, 23, said she wanted Staff Sergeant Chad Carpentier to be convicted, “but it did not happen.” Carpentier and Lance Corporals Dominic Duplantis and Keith Silkwood were acquitted.

    Nicole said she does not really know what she will do next nor what is in store for her since the case will still be brought before the Court of Appeals.

    In interviews several days before Pozon issued a verdict convicting Smith of rape, Nicole said she plans to lead a new life abroad.

    Nicole, though contented with Pozon’s decision, said the prosecution could have done better if only they had the testimony of the driver of the Hyundai Starex van where the rape took place on the night of Nov. 1 last year.

    “Wala siyang konsensiya. Sana guluhin siya ng konsensiya niya (He has no conscience. I hope his conscience bothers him),” she said.

    Nicole believes that if driver Timoteo Soriano Jr. testified in court, the three other accused would have been convicted as well.

    Soriano refused to testify in court, whether for the prosecution or the defense, and invoked his right against self-incrimination.

    His lawyer, Raulito Paras, argued that his client cannot be forced to testify in a case where he is also “technically an accused.”

    Nicole also expressed concern over the consequences of having her real name broadcast live on national television because the court allowed cameras inside the courtroom.

    She said she will ask her private lawyer, Evalyn Ursua, if anything can be done about it at all even though the damage has been done.

    “We cannot do anything really. There was an oversight in the reading of the decision because the full name of the private complainant was read while the promulgation was being covered live,” Ursua said in a separate interview.

    She appealed to members of media to “comply with law protecting Nicole. Please edit the footage and call the private complainant Nicole.”

    Meanwhile, Smith arrived at the Makati City Jail (MCJ) late yesterday afternoon where he will serve his 40-year sentence unless the US and Philippine governments agree on holding him elsewhere, which is allowed under the Visiting Forces Agreement (VFA).

    “We turned him over to the MCJ where he was subjected to another medical examination. Inaayos pa mga papel niya and other belongings doon (His documents and other belongings are still being prepared),” Makati city police chief Superintendent Gilbert Cruz said.

    He added that Smith’s records will be processed for a file folder before he will be given a prisoner number and a permanent cell.

    Cruz, who personally supervised security measures inside and around the old Makati City Hall building during yesterday’s promulgation of judgment, took custody of the 21-year-old US Marine after the verdict was issued.

    US Embassy escorts who surrounded Smith after the decision was read initially refused to surrender custody of the American soldier to the local police, resulting in a brief scuffle. — Michael Punongbayan

  58. kitty says:

    It was a fun gathering, she said, although if the incident had not happened, she would have celebrated the occasion “back home with my American friends.”

    BACK HOME WITH YOUR AMERICAN FREINDS? OR YOU MEAN AMERICAN CLIENTS!!!

    Like young women her age, Nicole finds time to go to bars and other gimmick places. “But I’m escorted everywhere by my brothers or my mother,” she said.

    YEAH, I KNOW YOU ARE MORE COMFORTABLE WITH MEN HMMMMMM.

    She was engaged to be married, but broke it off with her fiancé because she did not want “to jeopardize the case.”

    CUZ HE FOUND OUT YOU ARE A LYING, CHEATING WHORE FOR SALE!!!

    YOU AND YOUR FAMILY SCARED HIM AWAY!!!!! HA….HA….HA…..HA….

  59. kitty says:

    Tuesday, October 10, 2006
    News

    ‘Nicole’ too ashamed to go home

    First posted 10:01pm (Mla time) Oct 09, 2006
    By DJ Yap
    Inquirer

    “NICOLE” has not been home for almost a year since that fateful night in Subic, when she was allegedly raped by a US Marine while his colleagues cheered on.

    While the general public knows her only as Nicole, her true identity is no secret to her friends and neighbors in her hometown.

    “I haven’t set foot in Zamboanga since it happened. I don’t think I can ever show my face there again,” Nicole said in an interview last week in a Quezon City restaurant.

    “My old friends and neighbors in my hometown have been asking about me,” she continued in Filipino. “They’re always asking my relatives when I’m coming home, or assuring my relatives that they aren’t affected by what happened.”

    Among her friends, ironically enough, are American servicemen holding military exercises in Mindanao. Her mother has also been trying to convince her to go home.

    “But even if she’s forcing me to, I just can’t bring myself to do it,” Nicole said.

    Now, her long-term plans include migrating to another country. “I just want to go some place where I won’t be recognized,” said the 23-year-old business graduate.

    But “it’s not going to be the United States,” she said, although she has two aunts there.

    Nicole said her life changed after the incident: “If none of this had happened, I would probably be married now.”

    She was engaged to be married, but broke it off with her fiancé because she did not want “to jeopardize the case.”

    Nicole recently celebrated her birthday with supporters from various women’s groups who have rallied around her cause.

    It was a fun gathering, she said, although if the incident had not happened, she would have celebrated the occasion “back home with my American friends.”

    These days, Nicole is staying in an undisclosed location in Metro Manila with her mother and two brothers. If not attending court hearings, which ended last week, she meets with supporters, exercises, or just stays home.

    Like young women her age, Nicole finds time to go to bars and other gimmick places. “But I’m escorted everywhere by my brothers or my mother,” she said.

    “If my mother was not so strict with me before, now she’s very strict,” she said, adding that she does not mind her family’s protectiveness.

    The Subic rape case has been submitted for resolution before the sala of Makati judge Benjamin Pozon. He will promulgate his decision on November 27, a month before the case marks its first anniversary.

  60. kitty says:

    The Philippine STAR

    Opinion

    The tangled tale of the Subic ‘rape’ victim gets untangled
    BY THE WAY By Max V. Soliven
    Publication Date: [Friday, November 25, 2005]

    Let’s face it. Our newspaper got nakuryente by a government source who maliciously, what other word will suffice, planted the false story that the 22-year old Zamboanga girl who’s accusing the US Marines of rape was a “no-show” and that she was wavering, perhaps ready to withdraw her case.

    She will definitely not withdraw. This I got yesterday from my own lawyer, Rogelio A. Vinluan of ACCRALAW, who’s the victim’s counsel, aside from Atty. Katrina Legarda (also a former lawyer of ours in the Cory libel case versus the late Louie Beltran and this Publisher). Katrina, who’s been appearing on television and in the newspapers, is representing the aggrieved victim in her capacity as head of the Child Justice League, Inc., at the request of the Department of Social Welfare and Development (DSWD) and the government itself, while Rolly Vinluan is counsel representing the Integrated Bar of the Philippines (IBP), not his law firm.

    It’s definitely untrue that the victim was a no-show. Wednesday morning (Nov. 23), she went to office of Subic Prosecutor Raymond Viray accompanied by DSWD representatives, ready to sign an Affidavit against the six accused US Marines. For some strange reason, though, she was not accompanied by any of her lawyers.

    In any event, Prosecutor Viray allegedly told her that there was no need to swear to another statement or sign any Affidavit, since her statement had already been entered in the earlier police inquiry. Anyway, that’s what this writer was told yesterday.

    Is this true? Then why all the B.S. about her being a no-show?

    What we hear from other sources is that the Department of Justice “hinted” that she ought to go directly to the office of Justice Secretary Raul Gonzalez in Manila to file her sworn statement with him – but the girl had been advised that a battery of photographers, TV cameramen and journalists, might be waiting to “ambush” her in the Justice building.

    In any event, all will be clarified, hopefully, on Tuesday next week (November 29th) when a hearing will be held in the office of Olongapo City Prosecutor Prudencio Jalandoni at which the six accused US Marines will also appear to swear to and file their Counter-Affidavits. The US Embassy has pledged to bring the Marines (now in detention under American custody in Manila) to the hearing.

    Incidentally, Vinluan is being assisted by a legal team composed of two lady lawyers, last year’s Bar Topnotcher January Sanchez (UP 2004) and Zoraida Andam, a former Binibining Pilipinas, also from UP.

    By way of interest, the accused American Marines are being represented, as well, by a group of brilliant lawyers from several law firms, e.g. SyCip Salazar, Rabe, (King) Rodrigo, Formoso & Formoso, etc. It’s a coincidence that the alleged victim’s lawyers are all from UP Law, while those representing the US Marines happen to be from the Ateneo College of Law, i.e. Atenistas. This is surely not a UP-Ateneo fight. It’s not basketball, or sports, but a serious matter of justice.

    When all is said and done, why on earth should rumors be circulated that the victim is withdrawing her case, although every step is being taken to shield her identity up to the last possible minute? (Frankly, from our Zamboanga sources, we already know her name, but we’ll wait for her and her counsels to reveal it according to their own timetable).

    From those who witnessed how the woman was unceremoniously dumped from the “suspected” van, unconscious, and in humiliating fashion, she and her family appear to have reason to be angry.

    What’s disquieting, on the other hand, is why, when the “victim” was brought to the James Gordon Memorial Hospital, and reported to have suffered contusions and other “evidence” of molestation, no photographs were taken of her alleged injuries and other medico-legal evidence gathered. Will the prosecution thereby have to rely on the verbal testimony of the doctors and nurses who attended to the patient who had been rushed to their hospital by concerned Subic individuals and witnesses?

    Or is there evidence existing which will be sprung only during the formal inquiry?

    Are squid tactics being employed in this case?

    There’s too much smoke being blown in everybody’s face in this over-hyped case, too many spurious leaks being fielded, and too much melodrama injected (along with radical Leftist propaganda).

    They’ll hate me for making the observation, but I’ve got to do it in all honesty. It’s too pa-cute for several of the victim’s lady lawyers to have appeared at the preliminary investigation of the alleged gang-rape all dressed in black, parang nakaluksa, possibly trying to appear like “The Women in Black”. (Great shades those male Men in Black, Tommy Lee Jones and Will Smith).

    Alas, those ladies, otherwise attractive only contrived to make themselves look more like the Witches of Endor.

  61. kitty says:

    One-sided

    Meanwhile, in a separate interview, Nicole said she has been receiving electronic mails and telephone calls from her friends from the U.S. Marines and the U.S. Navy telling her to just “hold on.”

    Nicole, who grew up in a U.S. military base in Zamboanga, southern Philippines, said she has made many friends from the U.S. Marines and Navy who participated in joint military training and exercises with its Filipino counterparts. In fact, it was her friend from the U.S. Marines, Chris Mills, who invited her and her siblings to go to Subic for a vacation last Nov. It was during that trip that Nicole was allegedly raped by Lance Cpl. Daniel Smith while three other American Marines allegedly cheered him on.

    “Naniniwala sila (American friends) sa akin kasi kilala naman nila ako,” (They believe in me because they know me.) she said.

    She said Mills, who was prevented from talking to Nicole before he testified in court, has emailed her several times after his testimony to “say hello and that he is sorry and guilty for what had happened.” But Nicole said she has repeatedly told Mills not to feel guilty “kasi hindi naman namin kasalanan ang nangyari.” (What happened is not our fault.)

    OH, REALLY? YOU HAVE AMERICAN FRIENDS WHO STILL BELIEVE IN YOU? CHRIS MILLS TOO? I JUST WONDER……..HMMMMMMMMMMMMMMMM

  62. kitty says:

    US investigator says team
    found no evidence of rape

    The US Navy team that conducted the initial investigation of the alleged rape by an American Marine of 22-year-old “Nicole” last November did not find any evidence of rape, a member of the team told the court yesterday.

    Special agent Brian Curley said information was relayed to him by US Marine Corps public affairs officer Burrell Parmer showed that the complainant went to the Starex van with principal accused, Lance Corporal Daniel Smith, on her free will.

    He said Parmer told him that the complainant even asked Smith that they finish what they were doing when the accused asked her to leave.

    When state prosecutor Lagrimas Agaran asked where Parmer got the information, Curley said it came from Smith.

    Smith had admitted to the NCIS that he had sexual intercourse with the complainant but said it was consensual.

    Asked by defense counsel Enrico Uyehara if in the course of the investigation he came across evidence pointing to rape, Curley said, “I did not.”

    He said Parmer told him a reporter of a broadsheet even sent a text message saying the rape complaint was a ploy of the Subic Bay Metropolitan Authority police to extort money from the accused.

    The defense said Curley’s testimony showed there was another angle that was not pursued by SBMA authorities or the NCIS.

    “The investigators, especially the NCIS should have pursued this and not focused on a single theory,” defense counsel Jose Justiniano said.

    The prosecution said Curley’s testimony did not undermine its case.

    Private prosecutor Evalyn Ursua said the important thing is that their witnesses were able to present a clear picture of the event.

    The prosecution alleged that Smith raped “Nicole” inside the van while his co-accused S/Sgt Chad Carpentier, and Lance Corporals Keith Silkwood and Dominic Duplantis cheered him on.

    The prosecution said the complainant was drunk, a fact that was attested by several of their witnesses including the guards at the Neptune Bar where the complainant met the accused.

    Curley testified that he interviewed Carpentier and Smith at the Mandarin Hotel on Nov. 16.

    He said that the two waived their rights to a counsel and allowed him to search personal belongings under a “permissive authorization for search and seizure order.”

    Asked by prosecutor Lagrimas Agaran to explain the authorization, Curley replied that it is a “document (which) allows investigators to access personal spaces that they normally have to get search warrants for.”

    The absence of a counsel triggered a dispute on whether the rules allow the waiving of the accused’s rights, prompting Makati regional trial court branch 139 Judge Benjamin Pozon to give the prosecution and defense to submit their memorandum in 15 days. — Ashzel Hachero

  63. kitty says:

    American rape suspects might not return – Gonzalez

    Sunday, 11 20, 2005

    Despite assurance from the United States that the American soldiers accused of raping a Filipino woman in Subic would be presented before a court in Olongapo City, Zambales, Justice Secretary Raul Gonzalez yesterday expressed apprehensions that the six US Marines might not appear and if they have left the country might not return.

    Gonzalez, during the weekly Kapihan sa Sulo forum at the Sulo Hotel in Quezon City, said there is a possibility that the American servicemen may not appear before the Subic court where they were charged with rape.

    “The danger is that they might not appear… they might abscond,” he told the

    media forum even as he reiterated that the Arroyo government is in the process of asking the United States for custody of the six suspects.

    Gonzales said the Department of Foreign Affairs has notified the United States government that the Philippine government “considers this (rape case) of prime importance.”

    He refused to patch up his rift with private prosecutors who have accused him of protecting the American soldiers.

    “I’d be happy to do the things that must be done by the prosecution. I’d be happy to support the cause of our country,” Gonzalez said.

    He added he does not need to mend anything with lawyer Katrina Legarda, lead counsel of the private prosecutors.

    “Why should I repair (with Legarda)? She was the one who accused me and her accusations were false,” Gonzalez said.

    He added he was not inclined to grant the request of Legarda to transfer the hearings of the rape case from Olongapo City to the Department of Justice (DoJ) office in Manila.

    The DoJ chief said the Rules of Court provide that the investigation shall be conducted by the prosecutor who has primary jurisdiction over the case.

    “We will follow the Rules of Court. We are governed by laws, we must follow the rules. If you are a lawyer, you must know that primary jurisdiction is the area where the crime happened,” he pointed out.

    Gonzalez said the least he can do is to assign the case to another prosecutor who is also based in Olongapo City, but, he added, he finds no reason to do it at the moment.

    A prosecutor may only be relieved from a case if he showed any bias, Gonzalez said.

    He added it would be unfair to Olongapo City prosecutor Raymund Viray to be relieved, considering that he has shown that he is up to the job.

    At the same time, Gonzalez expressed hopes that the one-year deadline under the RP-US Visiting Forces Agreement (VFA) to resolve the rape case will be met.

    The prosecutors, he said, would prevent any tactic that the lawyers for the US Marines will make to delay the proceedings, which start with the arraignment of the accused.

    Gonzalez clarified that the “judicial proceedings” provided for in the VFA do not cover the preliminary investigation, which starts on Nov. 23.

    He said “judicial proceedings” start after the six American soldiers have been arraigned.

    But, according to a non-government group, the VFA favors the US government.

    Connie Bragas Regalado of Migrante International also yesterday cited a statement made by Foreign Affairs Undersecretary Rafael Seguis giving more recognition to the United States government under the VFA is a clear manifestation that Seguis is siding with the Americans.

    Regalado said Seguis’ statement to the legislative oversight committee on the VFA reveals that the DFA is “more concerned with the welfare of foreigners who commit crimes in Philippine territory, just as they favor employers and recruiters who abuse Filipino workers abroad.”

    According to her, Seguis deserves disciplinary action “for technically being involved in the obstruction of justice by helping the US Marines to escape prosecution.”

    During a Senate inquiry, the official said the Departrment of Foreign Affairs is holding consultations with the US Embassy in Manila for the turnover of the custody of the accused US servicemen.

    There, however, were no apparent indications that show the six rape suspects will be placed under Philippine custody.

    Regalado said the Arroyo administration “must impress” on the US government that justice must be served” to the alleged victim, a 22-year-old Filipino woman. Gerry Baldo and Marie A. Surbano

  64. kitty says:

    Nicole’s Grit, Key to Her Search for Justice

    As the trial of the Subic Rape Case approaches judgment, the complainant’s private prosecutor Evalyn Ursua hopes for a conviction for the four U.S. Marines sued for allegedly raping Nicole in November last year. On her client’s 23rd birthday celebration, the lawyer says that the case’s greatest strength is Nicole’s grit and determination to pursue justice against all odds, including a conflict with state prosecutors on a settlement issue.

    BY DABET CASTAÑEDA
    Bulatlat

    Beaming in her black fitting pants and maroon blouse topped with a shimmering shawl, birthday girl Nicole was all smiles in the simple yet meaningful celebration of her 23rd birthday early evening of Sept. 22 at the Malate Church in Manila.

    Nicole is the Filipino woman who sued four U.S. Marines for raping her last year inside a moving van at the Subic Bay Free Port in Olongapo City, province of Zambales (126 kms north of Manila). The Makati Regional Trial Court is still hearing the case with the defense down to its presentation of their last two witnesses.

    “You are so beautiful,” her private lawyer Evalyn Ursua told Nicole as she handed her client a bunch of deep red and pink chrysanthemums that perfectly matched her outfit. As if to show her gratitude, Nicole responded with a tight hug and a simple, “Thank you.”

    Strength

    Over a hundred friends and supporters were present at the mass offered to Nicole and other victims of violence against women at the Malate church and during the birthday gathering at the third floor of the same place. The support thrown at Nicole at this stage of the trial is more significant as she is embroiled in a conflict with state prosecutors.

    BIRTHDAY GREETING: “Nicole” hugs her private counsel Evalyn Ursua, who had come to greet her
    on her 23rd birthday Sept. 22

    PHOTO BY DABET CASTAÑEDA

    As the defense started to present its witnesses last week, Nicole and her family walked out of the courtroom; accused state prosecutors of incompetence; and announced that they are boycotting future hearings until the Department of Justice (DoJ) replaces the prosecutors assigned to the case. Nicole’s mother then told the media that lead state prosecutor Fe de los Santos talked to her about settling the case as early as July. De los Santos, Nicole’s mother said, told her that Nicole’s case is part of a deal involving the case of former Agriculture Undersecretary Jocelyn “JocJoc” Bolante who is imprisoned in the U.S. for violation of immigration laws.

    In response, De los Santos called Nicole and her mother as “ingrates” and told the media that “Nicole has been lying from the start.”

    In an interview with Bulatlat, Ursua said the case’s greatest strength is Nicole’s determination to pursue justice.

    Ursua also said she is confident with the evidences she has presented in court. “Ayaw namin masira (ang mga ebidensya) kaya namin hinihingi na mapalitan ang panel of state prosecutors,” (We do not want the evidences we presented to be wasted so we want the panel of state prosecutors replaced.) she said.

    Late last week, Nicole requested the Department of Justice (DoJ) to replace the panel of state prosecutors except for Hazel Valdez. Justice Sec. Raul Gonzales has rejected the complainants request saying he has full trust on the DoJ panel.

    Unethical

    Ursua was particularly infuriated, she said, with the fact that the state prosecutors talked about a settlement with Nicole’s mother behind their backs.

    “That is unethical,” Ursua said of the state prosecutors, “Habang naghahanda kami ng witnesses at inihahanda si Nicole sa kanyang testimony, ganun pala ang sinasabi nila behind our backs.” (While we were preparing the witnesses and Nicole for her testimony, they were saying something behind our backs.)

    “I am the private prosecutor. Nicole is of legal age. So why not tell us? Why tell the mother?” Urusa added.

    Ursua said she also found it unusual that she was “all of a sudden” taken out of the picture when the defense started its presentation of witnesses. “I do not want to conclude but it’s up to the public to connect the dots.”

    The DoJ has to explain to the Filipino people, Ursua said, why it is willing to retain prosecutors who think that the complainant is lying. “How can you be prosecuting a case you do not believe in? That’s inconsistent and unethical. De los Santos has lost all moral authority to be part of the prosecution panel,” Ursua said.

    One-sided

    Meanwhile, in a separate interview, Nicole said she has been receiving electronic mails and telephone calls from her friends from the U.S. Marines and the U.S. Navy telling her to just “hold on.”

    Nicole, who grew up in a U.S. military base in Zamboanga, southern Philippines, said she has made many friends from the U.S. Marines and Navy who participated in joint military training and exercises with its Filipino counterparts. In fact, it was her friend from the U.S. Marines, Chris Mills, who invited her and her siblings to go to Subic for a vacation last Nov. It was during that trip that Nicole was allegedly raped by Lance Cpl. Daniel Smith while three other American Marines allegedly cheered him on.

    “Naniniwala sila (American friends) sa akin kasi kilala naman nila ako,” (They believe in me because they know me.) she said.

    She said Mills, who was prevented from talking to Nicole before he testified in court, has emailed her several times after his testimony to “say hello and that he is sorry and guilty for what had happened.” But Nicole said she has repeatedly told Mills not to feel guilty “kasi hindi naman namin kasalanan ang nangyari.” (What happened is not our fault.)

    Nicole’s family earned their living by tending a canteen which catered to U.S troops participating in joint military exercises. But Nicole has now realized that the Visiting Forces Agreement (VFA) is “one-sided.”

    The VFA is an agreement that covers the status, conduct and treatment of U.S. soldiers participating in joint exercises in the country. It paved the way for the conduct of a series of joint military exercises participated in by U.S. troops since its signing in 1999. The VFA provides that the U.S. will take custody of their soldiers accused of crimes committed in the Philippines during joint military exercises, sans objection by the Philippine government.

    “Bakit pag tayo nagkaroon ng kasalanan sa ibang bansa kulong agad? Pag sila nagkasala dito nasa custody pa nila?” (Why is it that if Filipinos commit crimes in other countries we are jailed immediately? Why is it that if they (Americans) commit crimes here the U.S. still has custody over them?) Nicole asked. Bulatlat

  65. kitty says:

    Nicole’s Fight is the Nation’s Battle

    The rape of “Nicole” by four U.S. Marines in Subic, Zambales last year is not an issue confined to her. It has implications on the much-ballyhooed RP-U.S. “special relations.” The RP-U.S. Mutual Defense Treaty (MDT), one of the highlights of these “special relations,” serves as the basis of the Visiting Forces Agreement (VFA) and the Mutual Logistics Support Agreement (MLSA) which grant extra-territorial and extra-judicial “rights” and provide basing arrangements to U.S. troops visiting the country for joint military “exercises.” These agreements violate constitutional provisions barring the presence of foreign troops on Philippine soil – which are among the portions to be affected by the charter change drive being pushed by the Arroyo administration – and, in the final analysis, are what pave the way for atrocities against the likes of “Nicole.” Nicole’s fight is, then, ultimately the nation’s battle.

  66. kitty says:

    Nicole Tells Her Story

    BY JHONG DELA CRUZ
    Posted 8:12 p.m. July 6, 2006

    In between sobs and tears, Subic rape victim Nicole told her story.

    Seemingly nervous and at the brink of tears at the start of her testimony, Nicole was able to recall and narrate the events leading to the alleged November 1 rape incident that implicated four U.S. soldiers, who participated in joint military exercises last year.

    Evalyn Ursua, Nicole’s lawyer, praised the victim for showing her inner strength during the four-hour trial.

    “The flow went through as it should be, I think she was strong, but the real test for her is during the cross examination by the defense panel,” she said, referring to the continuation of her client’s testimony tomorrow at the sala of Judge Benjamin Pozon, Branch 139 of the Makati Regional Trial Court.

    Nicole, who lived in Zamboanga City before moving to Manila for the trial, broke into tears when asked how her family treated U.S. soldiers who were the main patrons of their canteen. A ten-minute break was called to enable her to regain her composure.

    “Hindi na sila iba sa amin, pinapakita namin na ka-pamilya na namin sila,” (We treat them as family.) she said after the break.

    “Pinapahalagahan namin sila para hindi sila ma-homesick,” (We treat them well so they won’t feel homesick.) she said.

    She revealed that she has a boyfriend, Brian Goodrich, a U.S. soldier with the 12th Marines Operations Platoon based in Okinawa, Japan.

    Nicole said Carlos Ocasio and Chris Mills, from the U.S. Navy, invited her and her two half-sisters to take a vacation at Subic Bay Freeport in Zambales. She said that the two are friends of the family adding that they met them last July 2005.

    A week before they went to Subic, she said that she talked with Goodrich on the phone. Nicole said that when she told Goodrich about their planned vacation, he told her it was okay and to take care.

    Nicole, together with her two half sisters and two brothers, who joined them from Manila, visited Subic’s more popular tourist sites like Ocean Adventure, Subic Safari and Bat Kingdom during their four-day vacation arranged by Ocacio and Mills.

    Nicole said that the rape incident took place on the third day, Nov. 1. In the courtroom, she positively identified Lance Corporal Daniel Smith as the perpetrator.

    Smith was said to have been cheered by Lance Corporal Dominic Duplantis, Keith Silkwood and Staff Sergeant Chad Carpentier during the sexual assault inside a rented van.

    Ursua said the rape victim’s testimony will be opened to the public tomorrow in response to criticisms that Nicole is being elusive.

    To prepare Nicole for the cross examination tomorrow, Ursua said she told her client to remain calm and not to be distracted by the “theatrics” of the defense panel.

    Nicole is being assisted by a therapist, members of Task Force Subic Rape, and Gabriela. Bulatlat

  67. kitty says:

    Leader of US marines in rape trial testifies today

    Tuesday, September 19 2006 @ 07:12 PM BST

    National

    S/Sgt Chad Carpentier, one of four American servicemen accused in the politically-charged Subic rape case, takes the witness stand today “without much need to prepare … not worried about slipping up or being manipulated by the prosecution.”

    In fact, he and his co-accused look forward to days when there are hearings, he said in an e-mail interview.

    “We get to see that this case is moving forward and making progress, and it consumes a good portion of the day which helps time go by faster.”

    And “finally, that opportunity …for our side to be heard…has arrived,” he added.

    “I am pleased with the way the proceedings have gone so far. I have been waiting for the opportunity for our side to be heard. We have chosen to refrain from speaking on this case to the media, and allow things to be heard and play out in court, finally that opportunity has arrived.”

    While on trial, Carpentier and his co-accused marine buddies are on “confinement status” at a U.S. embassy facility, on custodial terms of the Philippine-US Visiting Forces Agreement (VFA).

    Hearings on the case are heard every afternoon, except Wednesday, in the sala of Judge Benjamin Pozon of Branch 139 of the Makati Regional Trial Court in Makati City.

    Carpentier is the second of the four U.S. marines to testify in the case filed by a Filipina woman identified as “Nicole,” who claimed that she was raped on Nov. 1, 2005 while inside a moving van in the former American military base in Subic, Olongapo City.

    L/Cpl Daniel Smith, the man accused of directly raping her, was done with his testimony last week in which he claimed that what happened was consensual sex. Nicole testified that Carpentier, Dominic Duplantis and Keith Silkwood reportedly cheered Smith on while raping her. They are considered accessories to the alleged crime.

    Carpentier testifies after Nicole and her mother, Suzette Nicolas, left the courtroom in a huff last Thursday, complaining of the incompetence and negligence of the five-man prosecuting team of the Department of Justice (DOJ) assigned to her case. The team is led by Emelie Delos Santos.

    The accuser’s family has been claiming they were coaxed last month by Delos Santos into settling with the Americans so that the VFA is not jeopardized. Small-crowd rallies near the courtroom building call for the scrapping of the VFA because, as one of their streamers stated, “the rape of Nicole is a rape of the Philippines.”

    The VFA covers the terms of joint military exercises between the two countries. Carpentier and his co-accused were on shore leave from their ship, the USS Essex, when the alleged rape happened.

    Militant supporters of the accuser further put a spin into allegations of offer of settlement by linking it to the visa status in the U.S. of former agriculture undersecretary.

    Carpentier disclaims involvement in the reported offer of settlement. “I can assure you they did not originate from the defense, nor will we ever entertain that approach to this case. We did nothing wrong and will not entertain any talk of settlement,” he told the PNA.

    “The militant groups have turned this into (a) the political and sensational case…. They have tried to make this a case of the U.S. versus RP and that is unfortunate. This case cannot and will not be judged on people’s ill feelings for one government or another. It will be judged solely on the basis of truthy.”

    He added he “would be lying if I said I didn’t have a little resentment towards them (militants).”

    At the same time, he downgraded Nicole’s evaluation of Delos Santos’ team as “unfounded and ridiculous” and volunteered the claims are “based on frustration with the fact that our side of the story is finally being heard.”

    When Smith testified a week ago, he struck those inside the courtroom, including Jesuit priest, Father James Reuter, as cool, collected and coherent.

    This riled and demoralized Nicole, her mother, and her private counsel, Atty. Evalyn Ursua, with Nicole later on admitting to reporters that she felt she was losing her case.

    According to Carpentier, “Smith’s testimony was honest and accurate, that is why it came across as ‘cool, collected, and coherent.’”

    “That is the difference between a witness that is speaking on the facts and (is) honest, vice someone trying to remember rehearsed testimony,” Carpentier continued.

    “It was naive and ridiculous for (Nicole) and her mother to think this case could have gone through the judicial process without our side being heard,” said Carpentier, the acknowleged leader of the accused.

    To Carpentier, it does not matter who composes the DOJ prosecuting team. “You can only make so much of nothing, and this team is trying to do (its) best to make a case where one doesn’t exist.”

    Justice Secretary Raul Gonzales did not replace any member of the team, which was back in harness Monday this week after a recess Friday following caused by Nicole’s tantrums.

    But as the marines’ leader and spokesman, Carpentier said “it tears (him) apart to see and hear the way some people try to portray us.”

    He said “Smith, Silkwood and Duplantis are just kids, they have there whole life ahead of them. It is devastating to see your name associated with such heinous accusations. We try to remember that the truth will come out and be heard, and our names will eventually be cleared.”

    “When this case is over,” he said, “there will be no winner or loser, because five peoples’ (referring to themselves and Nicole) lives will be forever changed by the case.”

    Now on their more than a half year of confinement inside a U.S. embassy compound, Carpentier said they spend much time reflecting, trying to maintain a positive attitude with the spiritual guidance of Father Reuter and other religious. “I used to ask and wonder how and why od would let this happen to me. However, Father Reuter has taught me that this is just a test from God, and He never lets anything happen that He can’t draw some greater good from.”

    Giving a glimpse of their confinement, Carpentier said their “day-to-day activities are very limited at best. We are indeed in a confinement status so many of the freedoms we would normally enjoy we presently can’t.” Occasionally, they receive phone calls from family.

    Despite his experience, he said he is comforted by the hospitality of the Filipinos and their adherence to justice and fair play.

    “People always say to me ‘I bet you never want to come back here when this is over’, but that couldn’t be further from the truth. I look forward to being able to further appreciate things here when I am no longer in a confined status and can further experience the culture,” he said.

    “This case has not given me a bad taste for the Philippines; I don’t blame the Philippines for this happening to me,” he concluded. (PNA Features)

  68. kitty says:

    Click Here if you are looking for SUZETTE NICOLAS.
    Pilar College
    Zamboanga City, Zamboanga City, Philippines
    This school and the following classmates are listed in The Names Database.

    Aracelie Pescador, Class of 1955
    Leila Lopez (Reyes), Class of 1957
    Zenaida Hibbard (Manuel), Class of 1957
    Laverna Sebastian (Tumulak), Class of 1959
    Carmen Rita Ferrell, Class of 1963
    Maria Rosario Alfaro, Class of 1963
    Carmen Domingo, Class of 1964
    Maricar Sofer, Class of 1964
    Rebecca A De Leon, Class of 1964
    Betty L Bejerano (Luy), Class of 1965
    Maria Ma Vivian T Albarracin, Class of 1965
    Carmencita Macasinag (Balatbat), Class of 1966
    Noemi B Doblas (Balubar), Class of 1967
    Roxanne R Lopez, Class of 1967
    Mercedes Mabasa (Natividad), Class of 1969
    Joy F Raro, Class of 1970
    Carlota M Atienza (Mas), Class of 1971
    Elsa F Barredo, Class of 1971
    Abigail A Lores (Apostol), Class of 1972
    Anne Santelices (Flores), Class of 1972
    Anne Marie F Santelices, Class of 1972
    Claire Sevilla-Brown (Sevilla), Class of 1972
    Concepcion C Espinosa, Class of 1972
    Helen C Patlingrao (Carballo), Class of 1972
    Rita Ojda, Class of 1972
    Mace Sr Marlene Anne G Aquino, Class of 1973
    Marie Josephine P Han – Valera (Palis), Class of 1973
    Angel Jesus E Eustaquio, Class of 1974
    Elizabeth Enriquez Suaso, Class of 1974
    Gloria Demafelix (Ureta), Class of 1974
    Rosario S Balintag-Onrubia, Class of 1974
    Sharifa Nurhasan (Balan), Class of 1974
    Aileen B Enriquez (Bustamente), Class of 1975
    Cornelia Tan, Class of 1975
    Maria Genoveva A Fabian Dairo (Fabian), Class of 1975
    Marieva Camins, Class of 1975
    Elda Stamaria-Aquino, Class of 1976
    Josephine L Dajuela (Lasprilla), Class of 1976
    Ana Bellusa M Pellejo (Marquiala), Class of 1977
    Edeline Chiong Wee, Class of 1977
    Frances P Villalobos, Class of 1977
    Juliet B Lao (Berdos), Class of 1977
    Juliet Lao Kurek, Class of 1977
    Lucia Malcampo Lucas-Chavez, Class of 1977
    Ma Isabel Sanson (Bucoy), Class of 1977
    Ma Jocelyn Mendoza-Reyes (Mendoza), Class of 1977
    Maria Victoria, Class of 1977
    Marissa Cabuyao, Class of 1977
    Yolanda Nem Singh (Bisquera), Class of 1977
    Jeng Crudo, Class of 1978
    Margaret Arcangel (Ojeda), Class of 1978
    Mary June G Bugante, Class of 1978
    Mylene Pablo (Bello), Class of 1978
    Anne Ardina (Jesus), Class of 1979
    Doreena Annette Nazario-Villacrucis, Class of 1979
    Ean Portes (Navarro), Class of 1979
    Jackelynn San Luis Bernardo, Class of 1979
    Marivic Pajaro, Class of 1979
    Nining P Jalil, Class of 1979
    Pinkie Macaso, Class of 1979
    Sabrina Blanco (Arpa), Class of 1979
    Blesilda Que Maadil (Que), Class of 1980
    Mary Jane Bugante, Class of 1980
    Nena C Talosig (Cornelio), Class of 1980
    Nena C Talosig, Class of 1980
    Rodelyn B Yahiya, Class of 1980
    Tisha Lopez, Class of 1980
    Bing Ibalio Caeh, Class of 1981
    Lucy Molinos, Class of 1981
    Natasja Rosal, Class of 1981
    Pura Preciosa Ibalio Caeg (Baton), Class of 1981
    Maria Theresa T Policarpio, Class of 1982
    Mary Joanne Ibalio Reyes, Class of 1982
    Sitti Sarah Sampang, Class of 1982
    Tope Tampus (Abarquez), Class of 1982
    Chichi Rivera, Class of 1983
    Cristi Cabreros, Class of 1983
    Laarni Pacamalan, Class of 1983
    Ma Mindaluz Narciso (Mirafuente), Class of 1983
    Vic Delfin Jr (Deslate), Class of 1983
    Yvonne Del Mar, Class of 1983
    Agnes Aileen Gonzales, Class of 1984
    Catherine Marquez, Class of 1984
    Nurhuda A Aragbil, Class of 1984
    Darlane A Sabellano (Antonio), Class of 1985
    Madelyn M Perez, Class of 1985
    Marites Butler Pascual, Class of 1985
    Ma Teresa Angelina (Leon), Class of 1985
    Mona Farrah M Ismael (Munding), Class of 1985
    Nurhuda A Aragbil, Class of 1985
    Penny Francisco (Peran), Class of 1985
    Sittiraiyam Sariol Eid, Class of 1985
    Sitti Sherfa B Asri, Class of 1985
    Tirso L Kong, Class of 1985
    Ella O Delena (Ellacocampo), Class of 1986
    Fatima Jane C Sanchez, Class of 1986
    Florida Pante, Class of 1986
    Julie Alelei N Babol, Class of 1986
    Melanie Fernandez, Class of 1986
    Neil BuaqueÑa AlinsaÑgan, Class of 1986
    Raz Alawi, Class of 1986
    Ann Hazel A Catane, Class of 1987
    Antonette Poole, Class of 1987
    Bong Lucero, Class of 1987
    Divinagracia Faustino, Class of 1987
    Haidee A Magalit, Class of 1987
    Maria Arabella Bucoy Abduhalim (Bucoy), Class of 1987
    Mildred V Taguinod (Velasco), Class of 1987
    Nerizza D Gutierrez (Diamzon), Class of 1987
    Reilah Escudero, Class of 1987
    Rose Candido, Class of 1987
    Sandra Anonuevo (Aquino), Class of 1987
    Shellyn Tan, Class of 1987
    Aileen Granaderos-Geronimo, Class of 1988
    Elton N Calaycay, Class of 1988
    Jennifer T Villareal, Class of 1988
    Ma Elena E Francsico (Eijansantos), Class of 1988
    Paulette Pereira, Class of 1988
    Pearlie Domingo, Class of 1988
    Reynaldo M Alfonso, Class of 1988
    Rosa Candido, Class of 1988
    Amalie Conchelle H Obusan, Class of 1989
    Brenda Sheila Deliva, Class of 1989
    Clarisa Ramos, Class of 1989
    Eleanor Tumarao (Rubio), Class of 1989
    Gladys Carreon, Class of 1989
    Hilda J Rubino, Class of 1989
    Maria Josefina Mendoza-Bacalla, Class of 1989
    Ma Rudella Debbie S Canlas, Class of 1989
    Onelie Martinez, Class of 1989
    Ruthy B Igloria, Class of 1989
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  69. kitty says:

    #

    First posted 08:38 December 28, 2005 INQ.net Agence France Presses Associated Press Inquirer GMA7

    December 4, 2006 : In his landmark decision, Judge Benjamin Pozon convicted US Marine Corporal Daniel Smith citing proof of 14 circumstances which, taken together, overturned the constitutional presumption of innocence.
    1) Smith was the one who danced last with the complaint.
    2) He was the one who brought her to the van.
    3) He admitted having carnal knowledge with the complaint.
    4) Smith and Corporal Keith Silkwood carried complainant out of the van.
    5) Complainant felt pain in her private parts.
    6) Complainant revealed the sexual assault to the guard at Neptune Club, to her step-sister her boyfriend, her mother and the doctor who examined her.
    7) Her examination revealed contusions on different parts of arms and legs and her labia minora;
    8) Her panties had Smith’s seminal stains, and so did the condom.

    Final blow: “All these taken into account, the court is morally convinced that accused Corporal Daniel Smith committed the crime charged. He admitted sexual intercourse with complainant whom he knew was intoxicated and render unconscious by the….accumulated effects of the different alcoholic drinks she has taken in succession at the time of the felony. She could not have consented to the bestial act of the accused.”
    Pozon sentenced the 21 year old Smith to reclusion perpetual – imprisonment for up to 40 years for “bestial acts” against an intoxicated Filipino woman. But the judge acquitted three other US Marines accused of conspiracy in the crime.

  70. kitty says:

    #

    4 Marines and van driver were charged Dec. 27, 2005. The prosecutor who filed the rape charges on 4 Marines and sought their arrest, detention without bail. The van driver was also charged as a co-conspirator for apparently doing nothing to stop the alleged rape. Viray said only one of the four Marines charged with sexually assaulted the woman but the other three and the driver provided “moral assistance” in committing the crime.
    Jalandoni also said that the prosecution panel was considering making Silkwood and Duplantis as state witnesses, being the least guilty among the five respondents.
    “We are already closing the door for Timoteo Soriano to become a state witness [but] we open the door for Duplantis and Silkwood to become one because they are the least guilty,” he said.
    “They cheered when the crime took place and we can take it as a circumstance that they are the least guilty,” Jalandoni said.
    Soriano was named as a suspect after he recanted his earlier statement supporting the victim’s claim that she was raped.

    Question:
    Why is it that Timoteo Sorriano Jr. wasn’t arrested and all the four US Marines were under the custody of the US embassy? The 3 US Marines were in detention from November 2005 until December 2006 and Daniel Smith is still in detention.

  71. 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)?

    1) SUZETTE IS COMFORTABLE WITH MEN CUZ SHE IS A WHORE.
    2) DR. ROLANDO MARFEL ORTIZ III IS CO-CONSPIRATOR AND DR. ESTERA DIDN’T BUY YOUR STORY.

  72. kitty says:

    She recalled how Nicole underwent a urine test at the James Gordon Hospital in Olongapo City at around 3 a.m., or shortly after the supposed rape. Her sister was in a state of shock and Franco said it was she who accomplished the forms for Nicole.

    She said a certain Dr. Estera, upon learning Nicole was to be tested in connection with a rape incident, snapped at her patient: “Na-rape ka? Baka ginusto mo? (So you were raped? Maybe you wanted it?)”

    When Nicole heard this, she answered back, “Why would I want that?” Franco said. “Then (Nicole) became hysterical.”
    As in her testimony on Natividad, Franco only identified Estera by name when Judge Pozon asked her.
    Nicole repeatedly cried out in pain while Estera examined her “but the doctor just went on ignoring her,” Franco said in Filipino.
    Franco also resented how the hospital attended to a pregnant woman first, despite the fact that Nicole got there well ahead of the woman.
    “What happened to us is worse than the death of a loved one. This is a nightmare,” Franco said. “We lost many opportunities. I could have found a job by now. We will grow old with this nightmare and it will not go away.”
    She said one of their younger siblings had been forced to stop schooling because “we all had to give priority to (Nicole).”
    Franco said it was only on the afternoon of Nov. 3 that Nicole was able to file a formal complaint before the Olongapo City prosecutors office. By then, SBMA Administrator Armand Areza had provided the sisters with a safehouse.
    First posted 03:55 June 27, 2006 Inquirer Contreras and Quismundo

  73. kitty says:

    The Philippine STAR

    Headlines

    US prober testifies Marine admitted to consensual sex

    Publication Date: [Thursday, June 15, 2006]
    A United States Navy investigator testified yesterday that a US Marine accused of rape admitted to “consensual sex” with a Filipino woman while his three co-accused servicemen cheered him on.

    US Naval Criminal Investigation Service agent Guy Papageorge, quoting from his investigation report, said Lance Cpl. Daniel John Smith, “admitted he had sexual intercourse with the Filipino woman inside the van and that the other Marines cheered him on,” testimony that was also given in an earlier hearing by the van’s driver, Timoteo Soriano.

    “(Smith) likewise admitted he used a condom,” Papageorge told the Makati City regional trial court.

    He also said that when he asked Smith if the sex was consensual two days after the incident, Smith answered: “Yes, it was consensual.”

    Papageorge and Ronald Veltz, another Navy investigator, appeared in court after the US embassy agreed to let him testify for the prosecution in the trial of the four Marines, reversing an earlier decision that threatened to derail the proceedings.

    Last week, the US embassy caused a stir by saying the issue of diplomatic immunity would prevent Navy investigators from testifying. Philippine prosecutors accused the US embassy of holding up the proceedings and Makati RTC Judge Benjamin Pozon gave US officials until yesterday to allow the witnesses to appear in court.

    Prosecutors allege that Smith raped the woman, identified only as “Nicole,” inside a Starex van while Lance Cpls. Dominic Duplantis and Keith Silkwood and Staff Sgt. Chad Carpentier cheered him on. The Marines had just finished counterterrorism maneuvers with Philippine troops.

    The rape charges are punishable by up to 40 years in prison. The Marines have refused to answer the charges and the judge entered a plea of innocent for them.

    Papageorge said Smith also told him he met the 22-year-old plaintiff at the Neptune Bar inside the former US Naval base at Subic Bay, Olongapo City in the province of Zambales on the night of Nov. 1, 2005, when the alleged rape took place.

    Carpentier told investigators he saw Smith and Nicole dancing and, later, kissing as the woman sat on Smith’s lap, Papageorge testified.

    Private prosecutor Evalyn Ursua earlier said testimony confirming Smith’s admission of consensual sex with Nicole gave an important boost to the case against the Marines and that Smith would need to prove his claim that the sex was indeed consensual.

    Prosecutors and several witnesses had earlier testified that Nicole was drunk when Smith carried her on his back to the van.

    Papageorge said he spoke with Carpentier, whom he referred to as the leader of the pack, being a staff sergeant who exercises control over lance corporals and Smith.

    He said Carpentier admitted authorizing his co-accused to bring the victim and load her into a Hyundai Starex van.

    According to Papageorge, Smith even detailed the sexual positions he assumed with Nicole — with him “on top” and “on the side” — before someone yelled “She’s a bitch,” probably offending Nicole, who seemed to have been insulted by the outburst.

    Papageorge said he went to the Subic Bay Metropolitan Authority’s (SBMA) Law Enforcement Division (LED) office to investigate but Nicole did not arrive for her interview with him shortly after she accused the four defendants of rape.

    Nicole’s absence prompted Papageorge to go to the Grand Leisure Hotel along Waterfront Road, where the victim was, to find out why she was delayed.

    When he arrived, he said he saw the victim sitting on a bench crying while an assistant manager of the hotel was being nasty and apparently arguing with her.

    The hotel official allegedly tried to prevent him from talking to the victim as he tried to deliver a piece of paper to her with a telephone number.

    “It seemed to me that he was tormenting her,” Papageorge said in court.

    Papageorge said he brought the girl to the LED before proceeding to the US Navy ship USSX to find the accused and conduct his investigation.

    In a statement, the US embassy said their government’s decision to allow Papageorge and Veltz to testify was “consistent with our commitment to seeing that justice is served in a fair and impartial trial.”

    The two NCIS agents posted to the US embassy have had their diplomatic immunity under the Vienna Convention waived by the US government “for the limited purpose of testifying at this trial.”

    As another gesture of goodwill, the US embassy added that its government will “also seek to bring back to the Philippines two additional NCIS employees who participated in the investigation of this case.”

    “This decision was made following discussions with the Philippine Department of Foreign Affairs (DFA) and upon completion of the appropriate steps for requesting court testimony from persons covered by the Vienna Convention,” the US embassy said.

    The NCIS “provided the entirety of its preliminary written reports beginning November 2005 to both the Office of the City Prosecutor in Olongapo and the defense counsels,” the US embassy said.

    It also reiterated that the US government has “worked with Philippine authorities under the precepts of the Visiting Forces Agreement (VFA) throughout the investigation of this alleged incident and will continue to do so through the completion of the judicial proceedings.

    “The US remains committed to seeing that justice is served and looks forward to a fair and impartial process that can provide a just outcome,” the US embassy added. — Michael Punongbayan, Pia Lee-Brago and AP

  74. kitty says:

    The Philippine STAR

    Headlines

    US Navy prober testifies in rape case

    Publication Date: [Tuesday, June 06, 2006]
    The driver of the Hyundai Starex van in which four United States Marines allegedly raped a 22-year-old Filipino woman last year told a US Navy investigator that the servicemen were with the woman on the night of the alleged crime, the investigator testified yesterday.

    US Navy Criminal Investigation Service (NCIS) agent Ronald Veltz told the Makati City regional trial court (RTC) that Timoteo Soriano, the Filipino driver, even drew a sketch showing Lance Cpl. Daniel Smith and the 22-year-old Filipina seated in the back of the van on the night of Nov. 1, 2005.

    The two US-NCIS investigators were expected to testify in court that one of four US Marines accused of rape admitted to having consensual sex with the Filipino woman who filed the case, a prosecution lawyer said.

    Evalyn Ursua, a lawyer for the 22-year-old woman, said testimonies given by the US-NCIS officers will form key evidence to be weighed against the woman’s allegation that she was raped by Smith in a van while three other Marines cheered him on.

    Veltz quoted Soriano as saying that Staff Sgt. Chad Carpentier was in the front passenger seat, Lance Cpl. Keith Silkwood and Lance Cpl. Dominic Duplantis were sitting in the middle of the van, while Smith and the woman were in the back of the van. Carpentier, Silkwood and Duplantis are Smith’s co-accused in the case.

    Ursua said Veltz will continue his testimony later this week, during which other US Navy investigators are expected to testify about Smith’s statement admitting he had consensual sex with the woman identified only as “Nicole.”

    The alleged rape took place Nov. 1, 2005 at the former US Subic Bay naval base near Olongapo City.

    The Marines have denied the charge of rape, which carries a sentence of up to 40 years in prison.

    Ursua said she was given a copy of Smith’s statement to Navy investigators admitting he had consensual sex.

    “He had admitted that he had sex, that’s important in the prosecution of the case. He says it’s consensual, but that’s his claim,” Ursua told the Associated Press.

    She explained that after establishing that Smith did have sex with the complainant, the prosecution would then have to prove that it was not consensual at all.

    On Friday, two security guards at the Neptune bar in Subic told the Makati City court they saw the woman, identified only as “Nicole,” drunk on the night of the alleged rape during which Smith carried her on his back to a parked van.

    Smith and Lance Cpl. Keith Silkwood, Lance Cpl. Dominic Duplantis and Staff Sgt. Chad Carpentier are members of the 31st Marine Expeditionary Force stationed on the southern Japanese island of Okinawa.

    The Marines had completed counterterrorism maneuvers with Filipino troops when the alleged rape occurred.

    The US Embassy has refused to turn the US servicemen over to Philippine police, citing a provision under the Visiting Forces Agreement (VFA) that lets US authorities hold American servicemen facing a criminal case.

    US officials have also refused to disclose the hometowns of the accused.

    Meanwhile, the Hyundai Starex van in which the alleged rape took place will have to be brought to Makati City for a reenactment of the incident outside the Neptune Club where the crime was allegedly committed.

    During yesterday’s Subic rape case hearing, Makati RTC Branch 139 Judge Benjamin Pozon said he will issue a subpoena ordering the owner of the vehicle to bring the van to the court before Friday.

    The van will be used for a field demonstration to reenact how Smith allegedly carried the victim on his back out of the club and into the vehicle as witnessed by a security guard.

    The defense, after grilling Gerald Muyot of the Vanguard Watchman Agency for some three hours, asked the court to allow a demonstration of what supposedly took place on the night of Nov. 1, 2005 in front of the Neptune Club entrance.

    The reenactment was supposed to take place yesterday but the prosecution demanded that the real vehicle be used for greater accuracy. The van is still in Olongapo City.

    Muyot, who first took the stand as the prosecution’s second witness last Friday, testified that he saw Smith carry the victim out of the club and loaded her into the vehicle after opening the sliding door with his left hand.

    Defense lawyers led by Benjamin Formoso took turns grilling him during cross-examination in an effort to find loopholes and faults in his testimony.

    Muyot was even shown photos of the club’s exterior and was asked to pinpoint the area where he saw the van before and after the alleged victim was carried out by Smith.

    The phrase “She’s with me, we’re gonna go now” — allegedly uttered by the accused while he was leaving the club — was repeatedly mentioned during the lengthy question and answer period.

    Muyot was even asked questions that made spectators laugh discreetly, such as how keen his vision was, after he testified that “Wala pong grado ang mata ko (There is nothing wrong with my eyes, sir).”

    Formoso even claimed the victim had asked for money in exchange for an interview with GMA-7 television reporter Susan Enriquez.

    Ursua, one of the victim’s private attorneys, said the defense is obviously trying to discredit the witness by attacking his recall capability.

    According to her, despite the defense’s attacks, they are confident that their witnesses will be able to put together the pieces of what happened on Nov. 1, 2005.

    Ursua said the prosecution respects the defense’s right to cross-examine their witness for hours but intended to object if this seen as a stall tactic or “kapag mukhang sumosobra na sila (if they seem to be going too far).”

    She said they intend to present some 40 witnesses, including four US-NCIS agents who will testify on the results of their own investigation of the case.

    On the second day of the rape trial, the victim again attended the proceedings, sitting in the third to the last seat of the first row of the gallery.

    Smith, with a stenographer’s notebook in hand, sat with his co-accused on the seats fronting the gallery behind their lawyers.

    The trial’s battle lines seemed to be drawn along gender lines, as the prosecution was made up entirely of females while the defense lawyers were all men. — AP, Michael Punongbayan

  75. kitty says:

    The Philippine STAR

    Opinion

    The inside story behind our bungling of the Subic ‘rape’ case
    BY THE WAY By Max V. Soliven
    Publication Date: [Thursday, November 24, 2005]* * *
    Coming back to yesterday’s Shrine Board meeting, since Commodore Feliciano “Fil” Salonga is President of the foundation, as well as Chairman of the Subic Metropolitan Development Administration (SBMA) and the Subic Freeport, I managed to get the story of what really transpired on November 1 when a 22-year old Filipina was raped, allegedly by one, or all of the six accused United States Marines.

    Salonga, not only a retired Philippine Navy officer (with the rank of Commodore) but a graduate of King’s Point Academy in New York, the merchant marine equivalent of the US Naval Academy at Annapolis, is an “old seadog” and knows naval matters well. When I asked him why his security officers in Subic Freeport had not kept the six US Marines under arrest, and had surrendered them instead to the US Embassy’s military attache and other Embassy representatives, Salonga underscored that the SBMA and Subic Freeport has “no powers of arrest or detention.” It was the fault of the Department of Justice that nobody arrived in time to institute proceedings against the Marine suspects and effect their arrest, Fil pointed out. Two DOJ prosecutors, the Justice Department had promised would be on the scene by 7 a.m. to take custody of the US Marines. But they didn’t get there in time. Neither did the local police take the Marine suspects into custody.

    “So,” Commodore Salonga shrugged in frustration, “what could we do?”

    In fact, it turns out, it had been SBMA Chairman Salonga’s quick action which had gotten the six US Marines “back” from their aircraft carrier, which they had hastily boarded and aboard which they might have “escaped” to the high seas – and beyond our reach in international waters.

    Along with thousands of other Marines and sailors from their vessel, the World War II aircraft carrier USS Essex, the suspects had been on shore leave, having a good time in Olongapo and Subic. What allegedly happened is that the victim and other female friends had apparently been with the suspects at one “party.” The rest of what transpired will probably come up in subsequent testimony as the case progresses. Salonga was first tipped off by Subic residents who informed him that the fleeing Marines had scrambled up the gangplank of the Essex, the vessel which had transported them and 4,000 other Marines and seamen to take part in the Balikatan exercises in Mindanao, and had just weighed anchor to set sail for the Marines’ home base in Okinawa. There was only one way to prevent the vessel from getting out of the Bay – refuse to send a tugboat to steer it out to sea. Salonga messaged the American skipper: No tugboat unless the six US Marines “involved” in the case were offloaded and sent back to shore.

    The Captain of the USS Essex complied, and the vessel, getting its needed tugboat in exchange, sailed off as agreed.

    What irritated the onlookers and witnesses to the hasty attempted departure of the suspect Marines is that the victim had been dumped on the roadside unconscious from the van in which the US servicemen were riding in their hurry to catch their ship before it sailed. The American suspects reportedly didn’t even try to help her, but instead jettisoned the inert victim in rough fashion. This was witnessed, apparently, by Mr. Joseph Khongun, an older brother of the Mayor of Subic, who rushed to the girl’s aid and phoned Salonga. The victim (name still withheld) was brought immediately to the James Gordon Memorial Hospital – the base hospital named after the late father of Senator Dick Gordon, himself a former Olongapo mayor.

    The problem is that our pertinent Justice officials and our police officers hesitated, or failed to take immediate action. Thus, under the terms of the Visiting Forces Agreement, the US Embassy was able to take custody of the six Marines and spirit them off to Manila – which under the VFA, is their legal right if our government fails to take them formally into detention. The six are being held in detention quarters in the Seafront compound in Manila, we hear. Although the US Embassy pledges to present them if and when required, they’re in US hands.

    It’s a pity that the bad conduct of six Marine servicemen – whether the girl was raped by any of them, or not, remains to be established – has given rise to a wave of anti-American feeling, much of it, to my observation, orchestrated by the Left. That 4,000 other US Marines and servicemen who took part in Balikatan had behaved themselves, and had been helpful in participating in the exercise, has been overlooked. The US Embassy and government now have a dicey situation in their lap, one threatened by emotionalism and nationalist sentiment. Our own government, for its part, is trying to cool off matters, but not doing a very good job of it.

    The only solution is to conduct a swift preliminary investigation, and if so warranted, a speedy but fair trial – and have done with it. Let the chips fall as they may.

    Just as wars, it’s axiomatic, are waged for the most trivial causes, the most trivial of incidents (in truth rape is not trivial) can destroy the best of relationships.

  76. kitty says:

    WHERE IS YOUR BOYFRIEND GOODRICH?

    HE DUMPED YOU , NO?

    CUZ YOU LIED TO HIM. YOU DID NOT TELL HIM EVERYTHING.

    IN HIS LETTER HE MENTIONED THAT HE READS NEWS ON THE SUBIC CASE,

    I GUESS HE FOUND OUT THAT YOU WERE NOT ONLY A LYING, CHEATING

    GIRLFRIEND BUT ALSO A POSTITUTE FOR HIRE.

    ALSO, IN HIS LETTER HE SAID “GIRLFRIED” NOT “FIANCEE”.

    SUZETTE NICOLAS, YOU LOST THAT CREDIBILITY MONTHS AGO!!!!

  77. kitty says:

    Nicole’s US Marine boyfriend backs her claim of rape
    By Michael Punongbayan
    Publication Date: [Monday, June 26, 2006]
    The American boyfriend of the Filipino woman who filed rape charges against four United States servicemen has backed her claim and vouched for her character.

    “I would describe (her) as a trusting and very honest person. (She) and her family are faithfully religious Roman Catholics,” Sergeant Bryan Dalembertian Goodrich of the US Marine Corps said of his 22-year-old girlfriend, who was allegedly raped by his fellow US Marines at the Subic Freeport in Zambales last November.

    The STAR learned that Goodrich was among the first to learn how his girlfriend, identified only as “Nicole,” was allegedly raped on the night of Nov. 1.

    In his statement to a US Naval Criminal Investigation Service (NCIS) investigator, Goodrich, of the 12th Marines Operations Platoon based at Camp Hansen in Okinawa, Japan, stood behind Nicole and even defended her from rumors that his girlfriend worked in a bar.

    “She works in her family’s store and she is a hard worker. She has a very close family. To my knowledge, she has never worked in a bar before, only in her family’s cantina,” he said.

    Goodrich, whose affidavit is now being utilized as written testimonial evidence against Lance Corporals Daniel Smith, Dominic Duplantis, Keith Silkwood, and Staff Sergeant Chad Carpentier, said he met Nicole in July 2005 when he went to Zamboanga City for the “Operation Enduring Freedom” joint military exercises.

    “We were friends at first but later became girlfriend and boyfriend. I would usually go to the cantina for lunch and visit her,” he said in his statement to NCIS agent Douglas Robinson at Camp Hansen.

    “We actually became boyfriend and girlfriend on Aug. 27. Just before I returned to Okinawa, we agreed to keep in touch after I left the camp,” Goodrich added.

    Goodrich said he and Nicole kept in touch through telephone calls and e-mails on an almost daily basis, while also sending letters by post.

    About two weeks before the alleged rape, Goodrich said Nicole informed him that she was going to Subic with her sisters along with a certain Carlos, a sailor on the USS Stalkholmes.

    He said he even called her two days before the night of the alleged rape and eventually learned about the incident the following day by e-mail and was asked to call.

    “When I talked to her, she appeared to be timid, scared and confused. She was also crying. She said that she didn’t know what to say or how to tell me, but she was raped the previous night,” Goodrich told the NCIS.

    “While she told me this, she continued crying. When she told me this, I was shocked,” he said, adding that he consoled Nicole and told her to calm down, but she continued to cry throughout their conversation.

    During the weeks following the alleged rape, Goodrich said he and Nicole did not talk much about the case but they continued to communicate. For developments, he relied on the news.

    But during this period, Goodrich said Nicole told him about how a nurse in the hospital where she was brought on the night of Nov. 1 treated her badly and told her “something along the lines that maybe she deserved this.”

    Goodrich told the NCIS that they started talking about the details of the alleged rape in late November, and Nicole told him she was with her sister and Carlos at a club.

    Carlos, during the past few hearings at the Makati City regional trial court, has been identified as Carlos Ocasio of the US Navy while the club was Neptune Club.

    Nicole, Goodrich said, spoke of a certain Gerald, who accompanied them and with whom she drank alcoholic drinks as if they were competing.

    Goodrich said Nicole told him she danced with a guy who was later identified as Smith, one of the accused and the one tagged as the person who allegedly had sex with her.

    Nicole told her boyfriend that Smith wanted her to dance with her back against him and added that “she did not like dancing that way.”

    She also told Goodrich that she drank something called Bull Frog and that after drinking the same, she no longer knew or remembered what was going on.

    “I asked her if she blacked out or passed out and I explained the difference. She said she blacked out. She said she might have been carried piggyback to the van,” she told Goodrich, referring to the Starex van where the alleged rape took place.

    Nicole, not mentioning anything about the actual sex, told her boyfriend that Smith’s weight overwhelmed her and that there was heckling inside the van.

    “Other than the heckling that was going on by others in the van, (Nicole) never mentioned anyone else raping her. (Nicole) stated that the next thing she remembered was lying in the streets with her pants down,” Goodrich told the NCIS.

    Goodrich’s affidavit has been tagged as one of the strongest evidence to be presented by the prosecution since he does not doubt Nicole’s claim of rape.

    “She has never told me that she is making this up. I think she is being honest about the incident, given her character,” he told the NCIS while even referring to Nicole’s mother, Susan — whose name he spelled as Suzzane in his affidavit — as an outgoing, friendly, and hardworking person.

  78. kitty says:

    Wednesday, September 13, 2006

    Court told of Nicole’s ‘telltale’ messages

    The Filipina who is accusing four US Marines of raping her had told an American serviceman friend that the rape did not take place.
    Lance Cpl. Justin Michael Bamberger, a friend of the victim known only as “Nicole,” told the court in Makati City she had initially denied being raped in a cell-phone text message to him.
    Four Marines have been charged with raping the 22-year-old woman in the Subic Freeport in November.
    Bamberger told the court that there were also other inconsistencies in Nicole’s account of what happened on the night she claimed to have been raped by 21-year-old Marine Lance Cpl. Daniel Smith.
    Nicole said she met the four Marines in a bar and after extensive drinking, she found herself in a van, being raped by Smith.
    On Monday Smith told the court he had consensual sex with Nicole who even helped put a condom on him.
    The other defendants in the case are Lance Cpls. Dominic Duplantis and Keith Silkwood and Staff Sgt. Chad Carpentier, who were with Smith in the van.
    Bamberger, who had met Nicole while she was working in a military base in Davao City, said that after he heard of the rape case, he sent a text message to Nicole, asking her if it was true.
    Nicole replied that it was just “a stupid rumor,” but several hours later, she sent another text message, saying, “Hey, that rumor was true. I was the one that got raped.”
    Prosecution lawyer Hazel Valdez said in an interview it was very natural for rape victims not to admit what had happened to them.
    Bamberger said he and Nicole had been regularly exchanging text messages during her stay in Subic. In fact, he said, she even said goodbye to her in Camp Navarro in Davao days before she and her sisters left for Subic on October 30, 2005.
    “We were good friends, she is very friendly,” Bamberger said. He said Nicole was introduced to him by fellow Marines in September 2005.
    Bamberger also testified that Nicole told him that one of the Marines she was dancing with in the club asked her out. When he asked her why she did not react when the Marine carried her outside the club, Nicole asked him why he didn’t believe her.
    Bamberger, a member of the Okinawa, Japan-based 12th Marine Regiment, told the court that he later asked her why a rapist would use a condom and that the woman “freaked out” and asked why he didn’t believe her.
    He said that parts of her story didn’t “sound right,” and were different from the newspaper reports. She, in turn, kept asking if he believed her and if her story made sense.
    Defense lawyer Ricardo Diaz said Bamberger’s testimony helped belie the allegations of the prosecution that there was rape by revealing the inconsistencies in the complainant’s statement.
    The case has stoked bitter anti-US sentiment in the Philippines and sparked street protests.
    It is also seen as a litmus test for the Visiting Forces Agreement, which grants limited immunity from criminal prosecution to US soldiers taking part in maneuvers in the country.
    Under the agreement, US military defendants can be held in custody by the US Embassy in Manila but tried in a civilian Philippine court where the judge can decide whether to open proceeding to the media or the public.
    –Jefferson Antiporda and AFP

  79. kitty says:

    SEE SUZETTE, TOO MANY VERSIONS AGAIN!!!

    1. MY FRIEND AND SISTER LEFT ME AT THE BAR THAT NIGHT.
    Recalling the events that preceded her rape, she advised other women not to drink with men they did not know, and to make sure they had trusted companions who would not leave them alone with strangers. My friend and sister left me at the bar that night, Suzette said. Manila Standard Today December 6, 2006 Joyce Pangco Panares, Jaime Pilapil and Michael Caber with AFP

    2. YOU WANT TO STAY WITH THESE MEN AND NOT READY TO LEAVE THE CLUB YET.
    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. 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

    3. YOU WERE REALLY ADAMANT CUZ YOU REALLY WERE HAVING FUN FLIRTING WITH THESE US MARINES.
    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

  80. kitty says:

    Recalling the events that preceded her rape, she advised other women not to drink with men they did not know, and to make sure they had trusted companions who would not leave them alone with strangers. My friend and sister left me at the bar that night, Suzette said. Manila Standard Today December 6, 2006 Joyce Pangco Panares, Jaime Pilapil and Michael Caber with AFP

  81. kitty says:

    How could there have been rape when the supposed victim was wearing tight fitting jeans at the time? How could the jeans have been removed in a very tight spot such as the van where the rape was supposed to have been committed? Try taking off tight-fitting jeans you’re wearing inside your car and you’ll know what I mean. The pair of jeans that the victim wore at the time could only have been removed by force if there was rape. But there were no signs of force like bruises o the victim’s body. Meaning, she removed the jeans herself or was assisted in taking it off. Here’s another fact worth taking note of: The victim was dumped like a pig on a sidewalk near the pier where the ship of the accused was docked. She had her pants off her but she was wearing her panties. A condom was found glued onto her pants, apparently still sticky. So, the accused still took the time to put on a condom while he was forcing himself on the supposed victim? From where I stand, the man in a consensual sex encounter wears a condom not only for his own protection but for his partner as well. Before the supposed rape, the alleged victim and an America later identified as Cpl Keith Silkwood were engaged in dirty dancing at the Neptune Club inside the Former Subic naval base. Both the alleged victim and Silkwood appeared drunk. From what I gathered, Staff Sgt. Chad Carpetier, the team leader of three Marines – Corporals Daniel Smith, Dominic Duplantis and Silkwood came to fetch them at the Neptune . The group’s curfew was about up and the Marines had to hurry back to their ship. If they violated the curfew, they would not be granted a liberty pass to leave their ship when it docked in Okinawa , its next port of call. 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

  82. kitty says:

    Twice, Nicole slipped in and out of Franco’s sight from where the latter sat. Each time Nicole reappeared and passed by her sister without saying a word. She was “pasuray-suray“ (weaving about),” Franco said.
    Finally, when she was about to lose Nicole again, “I called out to her but she just went ahead. Then I stood up and ran after her.”
    Franco said she had to grab Nicole by her shoulders just to make her “face me.” She then told her they must return to their hotel because Mills seemed to have left them.
    (In a previous hearing, Mills said he left the bar for about 30 to 45 minutes to help his buddy, Garcia, sort out a problem with a shore patrol officer.)
    Letting go of hand
    “She said nothing. I held her hand, and we started walking out of the Neptune Club,” Franco added.
    They had already gone past Neptune’s pathway when “I let go of her hand.” Franco said she started walking faster and “I was thinking she was following me.”
    Asked why she went a few steps ahead, Franco gave one of her most emotionally charged replies: “Because I thought if I would walk faster, she would catch up. That’s how we’ve been as sisters.”
    Franco then encountered Mills and Garcia at the corner of Waterfront and Taft Roads. That’s when she lost sight of Nicole. She and Mills decided to return to the bar, thinking Nicole might have returned.
    It was the beginning of a long search. They again surveyed the Neptune’s dance floor, ladies’ toilet, and karaoke rooms, then looked for Nicole in two other bars.

  83. kitty says:

    Timeline: Subic rape case, Nov 3, 2005 – Dec 4, 2006
    12/04/2006 | 09:43 AM
    Email this | Email the Editor | Print | Digg this | Add to del.icio.us
    ByGMA News Research

    What follows is a timeline of the Subic rape case trial based on public and published record testimonies of the witnesses for the defense and prosecution.

    SOURCES:
    GMA News, GMANews.tv, criminal complaint, INQ7, Inquirer, Supreme Court PIO, Sun*Star, Manila Standard, Philippine Headline News Online

    November 3, 2005

    * A 22-year-old complainant (later referred to by the media as “Nicole”) filed before the Olongapo City prosecutor’s office a criminal complaint for gang rape against US military servicemen Chad Carpentier, Daniel Smith, Corey Burris, Albert Lara, Keith Silkwood, and another unknown suspect, all from USS Essex.

    The crime allegedly occurred in Subic on November 1, 2005.

    * The United States Embassy in Manila issued a statement saying the “U.S. takes reports of violations of U.S. and Philippine law by U.S. military personnel very seriously, and will fully cooperate with the Philippine authorities in the investigation of this incident.”

    November 7, 2005

    * Press Secretary and Presidential Spokesman Ignacio R. Bunye gave the assurance that there will be no whitewash in the investigation of six US servicemen allegedly involved in the gang-rape of a young Filipina at the Subic Bay Freeport.

    * Timoteo Soriano, driver of the Starex van where members of the US Marines allegedly raped the complainant, retracted his earlier sworn statement accusing the suspects of gang rape. He said the police pressured him to say gang rape in his sworn statement.

    November 8, 2005

    * Acting Foreign Affairs Secretary Rafael Seguis, accompanied by Chief State Prosecutor Jovencito Zuño, handed over to the US embassy subpoenas against Keith Silkwood, Daniel Smith, Albert Lara, Corey Burris, Chad Carpentier and Dominic Duplantis.

    * Nicole, who was at the custody of the Subic Bay Metropolitan Authority, received her summons through its legal department.

    November 9, 2005

    * Nicole’s mother, accompanied by one of her brothers, appeared on GMA 7’s “24 Oras” to ask for justice for her daughter. She asked GMA-7 to show her face on television. “Ako na po mismo ang naglakas-loob na lumantad kasi para sa anak ko. Buhay ng anak ko kaya ipaglalaban ko para malaman ng tao kung ano ang pinagdaanan ng anak ko kung paano siya ginahasa,” she said. She stressed that her daughter is not a sex worker, that she has a decent job and that she just on vacation in Subic. She vowed to fight for justice and asked the for the president’s help.

    * Gabriela Party-list Rep. Liza Maza filed a resolution urging President Arroyo to “uphold the dignity of Filipino women” by asserting the Philippine jurisdiction and custody of the suspects. The resolution also urges the President to stop all joint military exercises between the US and the Philippines until the rape case is resolved.

    * A senior SBMA official said the American suspects had made “unofficial requests” for their transfer to Okinawa. The Embassy later denied this.

    November 10, 2005

    * Undersecretary Zosimo Jesus Paredes, together with three other staff of the VFA Commission met with the six US servicemen who are facing charges of rape.

    November 11, 2005

    * GMA-7 reported that lawyer Katrina Legarda will handle Nicole’s case.

    November 14, 2005

    * Businessman Joseph Khonghun, brother of Subic Mayor Jeffrey Khonghun, surfaced to dispute the driver’s statement. Khonghun said the driver was not coerced to execute his earlier statement.

    November 15, 2005

    * Senator Rodolfo Biazon asserted that the suspects should be under the custody of the Philippine government.

    * Atty. Katrina Legarda, lawyer of the complainant, sent a letter to Justice Secretary Raul Gonzalez asking for a transfer of venue of the preliminary investigation from Subic to Manila. Legarda expressed her apprehension that the case might be dismissed by Olongapo prosecutors, citing “previous experience” in which they had dropped rape and other sexual abuse cases.

    November 16, 2005

    * Atty. Legarda accused Sec. Gonzalez of protecting the American suspects by ordering them to be placed under the US Embassy immediately upon its request. Gonzalez denied this: “She’s lying! I told SBMA Senior Deputy Administrator Calimlim to hold these people for inquest. Why did Calimlim release the Americans without a written request from the US? That may be the lapse,” Gonzalez said.

    November 17, 2005

    * The lawyers of suspects Lance Corporal Dominic Duplantis and Keith Silkwood filed a motion for extension of time to submit affidavit.

    November 18, 2005

    * The Olongapo Prosecutor’s Office rejected the suspects’ petition to extend the deadline for submitting their counter-affidavits.

    November 23, 2005

    Preliminary investigation at the Olongapo City Hall of Justice

    * Both Nicole and the accused were not present. Katrina Legarda, lead counsel for the complainant, was not there also.

    * The complainant’s lawyers were an all-woman team in black suits. The suspects’ lawyers were all men wearing barong.

    * Only three witnesses were present: SBMA security officer Noel Paule, security guards Gerald Muyot and Tomas Corpuz Jr of Neptune Bar and Restaurant where the woman and the soldiers had met.

    * The prosecutor submitted the supplemental affidavit of Fe Castro, one of the witnesses who saw Nicole when the suspects unloaded her from the Starex van.

    * The lawyers of Lara and Burris said they have witnesses who could prove their clients were not in the van when the crime happened.

    * Militants held a day-long rally outside the city hall of justice.

    November 24, 2005

    * Olongapo City Prosecutor Prudencio Jalandoni declared that the driver of the Starex van is already a suspect.

    November 25, 2005

    * Nicole’s lawyers filed a motion to compel the suspects to undergo DNA testing.

    November 29, 2005

    Second Preliminary investigation at the Olongapo City Hall of Justice

    * All the accused, except for Smith, submitted their counter affidavits. They denied raping the victim.

    * Atty. Legarda was irked when she found out that the counter affidavits were sworn in Manila. She said when her client asked that her affidavit be sworn in Manila, the DOJ did not allow it: “I feel threatened with the DOJ secretary. He has not granted anything that we have asked before. From passports, to IDs, to having custody of the American servicemen when all of this is in accordance with the treaty. I don’t know where a Filipina can go to when the secretary isn’t there to help,” she said.

    * Jalandoni denied the motion requiring the suspects to undergo DNA tests. He said the preliminary investigations did not yet require “evidenciary matter.”

    December 5, 2006

    * GMA News got hold of a copy of the initial results of the investigation conducted by the US Naval Criminal Investigation Service (NCIS). The document contained Smith’s admission that he had consensual sex with Nicole.

    December 9, 2005

    * Last preliminary hearing of the Subic rape case. Neither Nicole nor the suspects appeared in court. Soriano was also absent.

    December 13, 2005

    * Lara and Burris, accompanied by their lawyers, appeared before the Olongapo City Prosecutor’s office. They said they wanted to “show good faith” and prove that Lara is a Mexican, and not a white American.

    December 27, 2005

    * Jalandoni filed rape charges at the Olongapo Regional Trial Court against the following:
    o Lance Cpl. Daniel Smith
    o Ssgt Chad Carpentier
    o Lance Cpl Dominic Duplantis
    o Lance Cpl Keith Silkwood
    o Timoteo Soriano, Jr., van driver; charged as co-conspirator

    * Lance Corporals Corey Burris and Albert Lara, initially named as suspects were cleared after evidence indicated they were not in the van during the alleged incident.

    * The US Embassy confirmed Burris and Lara, who were cleared in the Subic rape case, already left the Philippines.

    December 29, 2005

    * The US Embassy said Burris and Lara had already left the country and are already at the US base in Okinawa, Japan.

    January 2, 2006

    * Foreign Affairs Secretary Romulo said that the Department of Foreign Affairs remains committed to invoking the RP-US Visiting Forces Agreement to obtain physical custody of the suspects in the Subic Case: “Based on the opinion of the Department of Justice, in which we are in full agreement, we continue to assert that this is an extraordinary case under the VFA and that the Philippines should have actual, physical custody.”

    January 3, 2006

    * The Subic rape case was raffled off and assigned to Olongapo RTC Branch 73, handled by Judge Renato Dilag, former lawyer of Imelda Marcos in one of her ill-gotten wealth cases. Dilag said he will demand the custody of the four marines.

    * Benjamin Formoso, Smith’s lawyer, filed a motion for judicial determination of probable cause.

    * Francisco Rodrigo, Carpentier’s lawyer, filed a motion to defer the proceedings.

    * The same motion was filed by John Coluso, lawyer for Silkwood and Duplantis.

    * Jose Raulito Paras, Soriano’s lawyer, filed three motions:
    o motion to quash the information of charges
    o motion for judicial determination of probable cause
    o motion for the deferment of the issuance of warrant of arrest

    January 13, 2006

    * Judge Dilag issued a warrant of arrest for the four US Marines, but cleared Soriano.

    January 16, 2006

    * Invoking Article 5, Paragraph 6 of the Visiting Forces Agreement, the US embassy said that its government has decided that it will retain custody of the four US Marines.

    * GMA News reported that Atty. Legarda’s group has stopped handling the Subic rape case. The complainant’s mother told GMA News that despite this, they will go ahead with the case.

    * Formoso filed a motion to inhibit against Dilag.

    January 17, 2006

    * The media reported on US government’s refusal to surrender the custody of the four US Marines.

    * The League of Filipino Students, in a protest rally near the US embassy, symbolically served a warrant of arrest against the alleged rapists.

    January 18, 2006

    * The media reported that Atty. Coluso, lawyer of Duplantis and Silkwood, filed before the DOJ their respective petitions for review of the ruling of the Olongapo City Prosecutor’s Office indicting them for rape. Carpentier was reported to have filed his own motion for review earlier. They have also reportedly filed before the Olongapo RTC a motion to quash the warrant of arrest.

    * Activists held a series of protests infront of the US Embassy in reaction to the US government’s refusal to surrender the custody of the four US Marines.

    January 19, 2006

    * The legislative oversight committee on the VFA voted to terminate the VFA between the US and the Philippines and to stop all joint military exercises for the duration of the Sunic rape trial. The joint resolution will be presented to the plenary of the Senate and House of Representatives for approval.

    January 26, 2006

    * Judge Dilag withdrew the January 13 warrant of arrest against the four US Marines and deferred hearings on the case until after the DOJ has completed its review of the state prosecutors’ findings.

    March 5, 2006

    * Nicole faced the media to deny allegations that she is a sex worker. She asked the government’s help to win the case and called on Soriano to help her. She said she wants her rapists to be imprisoned for life. She was accompanied by her new lawyer, Atty Evalyn Ursua, among others.

    March 15, 2006

    * Judge Dilag set the arraignment of the case on March 24.

    March 17, 2006

    * Attys. Evalyn Ursua, Honorato Aquino and Anna Liza Gonzales filed an omnibus motion asking Olongapo Judge Renato Dilag to declare Article 5, Paragraph 6, of the VFA unconstitutional. This provision states that the custody of the accused resides in the US military and sets a one-year limit for the court to resolve cases involving American military personnel.

    March 19, 2006

    * DOJ Sec. Gonzalez indicated that charges may be dropped against three of the four US Marines.

    March 22, 2006

    * Judge Dilag junked the March 17 motion of the victim’s lawyers. He also dismissed their request to issue new arrest warrants and defer the March 24 arraignment. Ursua said they would appeal Dilag’s decision before the Supreme Court.

    March 23, 2006

    * Judge Dilag inhibited himself from the case after Nicole’s lawyers asked him to do so because his son worked with the Rodrigo Berenguer and Guno Law officers, the defense counsel of one of the suspects, S/Sgt Chad Carpentier.

    March 27, 2006

    * Sec. Gonzalez, in a letter, asked the SC to allow the transfer of the case to Manila, saying that the lack of judges in Olongapo City could delay proceedings.

    March 28, 2006

    * The Supreme Court ordered the transfer of the criminal trial of the Subic rape case to the Regional Trial Court of Makati City.

    April 3, 2006
    * The case was raffled off and assigned to Makati Regional Trial Court 139 handled by Judge Benajmin Pozon.

    April 17, 2006

    * Justice Secretary Raul Gonzalez said he recommended the reinvestigation of Timoteo Soriano, the driver of the van, to see if he could be charged as an accomplice. (INQ7)

    April 18, 2006

    * In a resolution of the petitions for review filed by the suspects, DOJ Secretary Raul Gonzalez downgraded Chad Carpentier, Dominic Duplantis, and Keith Silkwood as mere accessory to the crime, which is two degrees lower than being a principal suspect. Smith remained a principal suspect.

    April 19, 2006

    * Olongapo City prosecutor Prudencio Jalandoni said he would quit the Subic rape case. He was disappointed when DOJ downgraded the charges against Carpentier, Duplantis, and Silkwood.

    April 27, 2006

    * A day before the scheduled arraignment of the accused US Marines, known personalities joined the panel of private prosecutors: Former Vice President Teofisto Guingona, former Senator Rene Saguisag, and former UP College of Law Dean Pacifico Agabin. Guingona and Saguisag voted against the renewal of the US Bases in 1991. Guingona voted against the VFA in 1999.

    April 28, 2006

    * US servicemen Smith, Silkwood, Duplantis and Carpentier appeared before the Makati RTC for the arraignment of the Subic rape case. The court entered a “not guilty” plea for the four principal accused as they did not enter any plea. This was their first public appeareance.
    * Judge Pozon ruled as without merit the motion filed by DOJ recommending the downgrading of charges against Carpentier, Duplantis, and Silkwood.
    * Pozon turned down the defense panel’s request to direct the victim to appear in court and pinpoint the accused. On the other hand, he turned down the prosecution’s request for the court to take custody of the accused and put the US servicemen behind bars.

    May 9-10, 2006

    * Media reported that two state prosecutors in the Subic rape case have resigned: Feliciano Aspi, chair of the prosecution panel; and Christopher Garvida, assistant city prosecutor. Both cited a heavy workload as their reason for resigning.
    * Judge Pozon trashed the prosecution’s motion to declare unconstitutional a provision in the VFA which stipulates that the accused (Americans) should be in the custody of the US.

    June 2, 2006

    * First day of the Subic Rape case trial: the complainant and the four accused (Smith, Duplantis, Silkwood and Carpentier) showed up at the Makati Regional Trial Court. It was the first time that Nicole and the accused met after six months when the rape was allegedly committed.

    * Neptune Bar security guard Tomas Corpuz Jr. became the first prosecution witness to take the stand. He positively identified the victim as the woman he saw on the bar’s dance floor (”pasuray-suray”, “amoy alak”) on November 1, 2005.

    * Neptune Bar security guard Gerald Muyot testified that he saw Smith carrying a nearly unconscious woman on his back, out of the club and into a green Starex van.

    June 5, 2006
    * Defense lawyers cross examined prosecution witness Gerald Muyot. Nicole was seen crying inside the courtroom during Muyot’s cross examination.

    * The prosecution presented US Naval Criminal Investigative Service (NCIS) resident agent Ronald Beltz.

    June 7, 2006

    * Ronald Beltz, Tony Ramos, Brian Curley and Guy Papageorge–NCIS agents summoned to testify against the accused American marines–did not show up at the Makati RTC for the Subic rape trial. The US Embassy claimed it was still ironing out some diplomatic issues with the Department of Foreign Affairs.

    * Judge Pozon ruled that the one-year prescription period began when the case was filed in court on December 27, 2005, and not when arraignment started on April 28, 2006.

    June 8, 2006

    * Witness Joseph Khonghun, a businessman, said he saw Nicole being unloaded by Americans from a Starex van at the Alava Pier. He identified the accused as the Americans he saw carrying the victim out of the van and dumping her on the pavement. Khonghun also identified the Nicole, whom he said was left behind with her pants pulled down and worn the wrong way. He was the first person on record to speak to the complainant after the alleged rape. He said she did not say she was raped.

    * Nicole tearfully walked out of the courtroom as Khonghun recounted what he saw on the night of November 1, 2005. She returned later after Khonghun’s testimony.

    June 9, 2006

    * Reenactment of what happened on the night of the alleged rape, as per the account of Neptune Bar security guard Gerald Muyot.

    * Subic Bay Freeport bike patrolmen Noel Paule and Jaime Avila testified before the court.

    Paule found Nicole at the Alava Pier, crying and apparently drunk. He said she embraced him and told him not to leave her–”Dito ka lang, huwag mo akong iwan. Pag nalaman ito ng mama ko, papatayin ako.” He said she also told him “sabi ko sa kanila, tama na, tama na. Pero sige pa rin sila.” She did not tell him that she had been raped.

    Avila said he saw the complainant embracing Paule and crying.

    June 14, 2006

    * The US government allowed US NCIS agents to testify on the Subic Rape case. One of them, Guy Papageorge, testified that Smith admitted to having consensual sex with an “Asian female” inside a Starex van while his buddies cheered him on. Papageorge said Smith did not know the woman’s name.

    June 15, 2006

    * US NCIS Special Agent Brian Curley and Antonio Ramos, an NCIS investigator, testified for the prosecution.

    June 16, 2006

    * SBMA chief investigator Paquito Torres and evidence custodian Genevieve Puno took the witness stand.

    * GMA News gets an exclusive interview with Nicole.

    June 19, 2006

    * SBMA investigator Ramon Paje testified that Nicole was very drunk when he saw her in the early hours of November 2, 2005. He explained that when he wrote “hardly intoxicated” as a description of Nicole in his spot report, what he actually meant was that she was really drunk.

    * SBMA chief investigator Paquito Torres continued his testimony, insisting that he didn’t coerce van driver Timoteo Soriano Jr. into saying that he (Soriano) witnessed a gang rape.

    June 20, 2006

    * Christopher Mills, the US Navy engineman who invited Nicole and her stepsister to Subic, testified for the prosecution. He identified Silkwood as the man he saw dancing with Nicole. He said the she went missing from the bar, and that he found her hours later at the hospital.

    * NCIS Special Agent Bruce Warshawsky also testified.

    June 22, 2006
    * The prosecution presented the investigator who took the photographs of (among others) Nicole’s underwear and jeans, and a used condom. The defense noted that these pieces of clothing did not have any tears, which could indicate struggle, nor seminal stains.

    * Nicole did not show up in court for the first time since the hearings began. Her lawyer said she was resting.

    June 23, 2006

    * Nicole’s stepsister, Anna Liza Franco, testified that she saw Nicole dancing with one of the accused, then lost sight of her, and found her hours later at their hotel in a state of shock.

    June 26, 2006

    * Continuation of Franco’s testimony: a certain “Dr. Estrera” said snide remarks to the victim upon learning that she was to be tested in connection with a rape incident; a certain “Ben Natividad” suggested that the victim should just accept payment for her ordeal.

    June 27, 2006

    * Bartender Roger Sanidad testified.
    * Franco returned to the witness stand and insisted that the victim was heavily drunk.

    June 29, 2006

    * Dr. Rolando Ortiz II of the James Gordon Memorial Hospital in Olongapo testified. He was the doctor who examined the victim 33 hours after the alleged rape and found that she had bruises on her arms and right leg, as well as contusions in the genital area.

    June 30, 2006

    * Forensic expert Dr. Raquel Fortun was presented by the prosecution as an expert witness. The most part of the hearing was spent with the prosecution giving a rundown of her credentials and the defense questioning her qualifications as an “expert”.

    July 3, 2006

    * The defense wrapped up their cross-examination of Nicole’s stepsister.

    July 4, 2006

    * Judge Pozon adjourned the hearing early.
    * The accused and the defense team had a small party at the US Embassy in celebration of the US Independence Day.

    July 5, 2006

    * GMA7 aired an exclusive interview with one of the accused– Staff Sgt. Chad Carpentier.

    July 6, 2006

    * Nicole took the stand and broke down in tears a couple of times as she recounted what transpired on the night of November 1, 2005. She identified Smith as her rapist in the course of her testimony.

    July 7, 2006

    * The trial was suspended after Nicole failed to attend the hearing due to severe traumatic stress.

    July 10, 2006

    * Nicole resumed her testimony. Recounting what happened in the van on November 1, She said she screamed and tried to push away Smith, who was already on top of her. She also heard laughter in the van. The next thing she remembered after regaining consciousness was that she was on the pavement with her pants worn the wrong way.

    * Nicole struck Smith repeatedly with her bag. She claimed Smith tripped her as she entered the court room. To avoid a repeat of the incident, Judge Pozon changed the seating arrangement of the accused.

    July 11, 2006

    * Forensic expert Dr. Raquel Fortun testified that the injuries Nicole sustained in the genital area are consistent with non-consensual sexual intercourse.

    July 13, 2006

    * Nicole resumed her testimony, saying her life changed for the worse after the (alleged) rape. The lives of other family members have also been disrupted, as they attend to her and run the canteen she used to manage.

    * The defense got Dr. Fortun to agree during cross examination that genital injuries could also be sustained during consensual, “rough” sex.

    * Anti-crime advocate Teresita Ang-See approached the accused during recess, admonishing them for laughing while Nicole was in the same room, crying.

    July 14, 2006

    * Nicole’s cross examination: Only the lawyer of Lance Cpl. Smith, Patricia Formoso, questioned Nicole during cross-examination. The defense sought to establish that Nicole had selective memory. The questioning lasted in less than an hour.

    * Judge Pozon also asked Nicole some questions, particularly on how Smith touched and kissed her.

    July 17, 2006

    * Timoteo Soriano Jr., the driver of the van where the alleged rape occurred, did not appear at the Makati Regional Trial court. Soriano’s lawyer, Jose Raulito Paras, told the court that Soriano was invoking his right against self incrimination.

    Soriano was slated to be a prosecution witness. However, he refused to testify as Nicole’s camp is also seeking his inclusion as an accused in the rape case. It may be recalled that Soriano recanted his first affidavit, where he recalled what he knew about the (gang) rape. He is now standing by his second affidavit: that he never said he witnessed a gang rape.

    * In an exclusive interview with GMA News, van driver Timoteo Soriano Jr. said he fears for his life and his family.

    July 18, 2006

    * Police Chief Inspector Dr. Francisco Supe Jr., head of the DNA section of the PNP Crime Laboratory told the court that body fluid containing Nicole’s DNA material was found in the crotch area of her underwear and both sides of the condom supposedly used by Smith.

    July 20, 2006

    * Cross examination of Supe; defense refuses to submit the accused’s DNA samples for testing. Police Senior Insp, Edmar de la Torre, also a forensic DNA analysts, also testified.

    July 25, 2006

    * Dr. Kenneth Go, a toxicologist testified that Nicole was too drunk to have consentual sex on the night that the alleged rape happened.

    * Insp. Maria Theresa Bodo of the the Crime Laboratory of the Philippine National Police extracted blood sample for DNA testing from Smith after Pozon granted the prosecution’s motion.

    July 27, 2006

    * The prosecution asked the court to include Soriano, the van driver, as one of the accused van after the DOJ released a resolution saying there is enough basis to charge him.

    * The defense cross-examined Dr. Go. He maintained that Nicole could not have consented to the sexual act because she was too drunk.

    August 17, 2006

    * Inspector Edmar De La Torre of the Philippine National Police-Crime Laboratory testified that DNA from a blood sample taken from US Marine Lance Corporal Daniel Smith matched the DNA material found on the underwear of Nicole.

    September 11, 2006

    * Daniel Smith maintained in court that he had consensual sex with Nicole inside a van on the night of November 1, 2005.

    September 12, 2006

    * US Marine Lance Corporal Justin Michael Bamberger, 23, a defense witness, testified that Nicole told him that she was raped by US marines.

    * Bamberger initially said that in Nicole’s first text message to him, she dismissed as “a stupid rumor” reports of the rape. But in a cross-examination by prosecution lawyer Hazel Valdez, Bamberger admitted that Nicole later texted him that she was the woman reported to have been raped by a group of US marines.

    September 14, 2006

    * “Nicole” walked out of the Makati City regional trial courtroom. The victim and her mother were reportedly not satisfied with the performance of the government prosecutors.

    * The court accepted as an expert witness for the defense Dr. Teresita Sanchez, forensic obstetrician and gynecologist.

    September 15, 2006

    * Activists held a rally against the government prosecutors. The protesters demanded that the prosecutors, except for Atty. Hazel Valdez, be replaced.

    * Nicole and her mother did not attend the scheduled hearing, which was eventually postponed. In the evening, Nicole aired to the media her complaints against the government prosecutors.

    September 18, 2006

    * Dr. Teresita Sanchez, forensic obstetrician and gynecologist who testified for the defense, said the injuries sustained by Nicole do not suggest that she was raped.

    * State prosecutor Emilie delos Santos called Nicole and her mother “ingrates,” while Sec. Gonzalez defended the prosecutors.

    September 19, 2006

    * Staff Sergeant Chad Carpentier testified that Nicole voluntarily went with Smith to board the van they had rented. He said he did not view Nicole as a victim, but a “professional preying on the vulnerability of Smith.”

    * Nicole said she will not attend the hearings until the state prosecutors are replaced.

    September 20, 2006

    * Gonzalez issued a memorandum ordering the NBI to investigate the allegation of Nicole’s mother that the state prosecutors convinced her to agree to an out-of-court settlement with the American suspects.

    September 21, 2006

    * In his testimony, Lance Corporal Keith Silkwood denied allegations that he carried Nicole out of their rented van “like a pig” after the alleged rape took place.

    * Nicole’s mother went to the DOJ to formally ask Gonzalez to replace the government prosecutors.

    September 22, 2006

    * Lance Corporal Dominic Duplantis testified that he saw Nicole and Daniel Smith kissing and laughing before having sex.

    * Gonzalez said Nicole’s mother could face libel charges for her accusations against the state prosecutors.

    September 25, 2006

    * The defense rested its case with its medical expert, Dr. Sanchez, wrapping up her testimony. She maintained that Nicole could not have been raped by a US serviceman because of the absence of injuries in between her thighs and knees.

    October 5, 2006

    * Judge Benjamin Pozon tentatively set to November 27, 2006 the the promulgation of the decision on teh Subic rape case. This date fell exactly a month away from December 27, which would mark a year since the rape charges against the US Marines were filed at the Olongapo Regional Trial Court, the first court to handle the case.

    October 9, 2006

    * Justice Sec. Gonzalez announced that Prosecutor Hazel Valdez has been removed from the government’s prosecution panel in the Subic rape case. Valdez opposed the state prosecutors’ decision to cancel the prosecution’s rebuttal.

    October 11, 2006

    * Nicole’s supporters formed the Justice for Nicole, Justice for our Nation Coalition.

    October 17, 2006

    * USS Essex and two other US Navy amphibious ships docked at the Subic port. The ships carried more than 3,000 American soldiers who will participate in the US-RP bilateral exercises.

    November 1, 2006

    * Exactly a year after she was allegedly raped, Niicole led a protest rally organized by the Task Force Subic Rape inside the Subic Bay Freeport.

    November 2, 2006

    * Manila policemen violently dispersed a Subic rape anniversary commemoration rally by the League of Filipino Students in front of the DOJ.

    November 15, 2006

    * Nicole met with women legislators led by Liza Maza and Cynthia Villar at the House of Representatives.

    November 24, 2006

    * Citing time constraints, Judge Pozon rescheduled from November 27 to December 4 the promulgation of judgment on the Subic rape case. – GMANews.TV

  84. 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.”
    # catty Says:
    January 15th, 2007 at 2:13 pm

    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 Silkwood, took a cab to Neptune.
    They “danced and stayed” at Neptune until 11:30 p.m., “when Carpentier arrived and began rounding us up in order to make curfew,” he said, adding:
    “When I got into the van, I saw Smith in the back seat with a Filipino girl, whom I later found out to be the complainant. Silkwood sat in the middle seat behind the driver and Carpentier who were in the front seat. I sat in the middle seat beside Silkwood.”
    Duplantis said that when he got into the van, Smith and the woman were “kissing, giggling and fooling around.”
    “I had never seen the complainant before and she appeared alert, talkative and not distressed,” he said.
    He added that he did not hear any disturbance, arguing or complaining from Smith or the woman.
    Silkwood also denied raping the woman or witnessing a gang rape.
    He said the statements of the woman and the witnesses were “lies and half-truths, meant to prop up and strengthen the fabricated charges” against him

  85. 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

  86. kitty says:

    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.
    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)

  87. 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.

  88. 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.

  89. 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.

  90. 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

  91. 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.

  92. 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.

  93. kitty says:

    Was she carried out of the van like a pig again or simply got off the van like a whore? 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.

  94. kitty says:

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

    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

  95. kitty says:

    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

  96. kitty says:

    June 8, 2006 Associated Press

    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.

  97. 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

  98. kitty says:

    See how the often they changed lawyers??? Change lawyer, change venue = different version, smoother version. Practice makes perfect, you know?

  99. 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.

  100. 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.

  101. 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.

  102. 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

  103. kitty says:

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

  104. kitty says:

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

  105. kitty says:

    Nicole Tells Her Story
    BY JHONG DELA CRUZ Vol. VI, No. 21 July 6, 2006 Quezon City, Philippines
    Posted 8:12 p.m. July 6, 2006
    Nicole said Carlos Ocasio and Chris Mills, from the U.S. Navy, invited her and her two half-sisters to take a vacation at Subic Bay Freeport in Zambales. She said that the two are friends of the family adding that they met them last July 2005.
    A week before they went to Subic, she said that she talked with Goodrich on the phone. Nicole said that when she told Goodrich about their planned vacation, he told her it was okay and to take care.
    Nicole, together with her two half sisters and two brothers, who joined them from Manila, visited Subic’s more popular tourist sites like Ocean Adventure, Subic Safari and Bat Kingdom during their four-day vacation arranged by Ocacio and Mills

  106. kitty says:

    Survivor `Nicole’ Recounts Her Ordeal Vol. VI, No. 22 July 9 – 15, 2006 Quezon City, Philippines
    BY JHONG DELA CRUZ
    Bulatlat
    Women rape victims could learn a lot from Nicole, the 22-year old Filipina who was allegedly raped by U.S. soldiers last November 1. Nicole mustered enough courage to tell her story in a packed courtroom last July 6 during her first court testimony at the Makati Regional Trial Court Branch 139.
    Nicole felt betrayed as she was used to meeting and being nice to U.S. soldiers back in their hometown in Zamboanga, where she managed a family-owned canteen, only a stone’s throw away from a detachment that housed the soldiers participating in the joint military exercises last year.
    The canteen served as hangout for the soldiers, who during vacant hours would play cards with Nicole and her siblings, or just chat with them. Two soldiers eventually won their trust, Carlos Ocasio and Chris Mills of the U.S. Navy, who were treated as members of the family. Brian Goodrich – a U.S. soldier with the 12th Marines Operations Platoon based in Okinawa, Japan – became her boyfriend.
    Trip to Subic
    Trusting them, Nicole accepted an invitation from Ocasio and Mill to go to Subic in Zambales a week before October 30, their travel date.
    When they arrived in Subic by plane, they did not stay long at Legenda Hotel and immediately transferred to Grand Leisure Hotel, where they would be staying for three nights.
    For the next two days and two nights, Nicole and stepsister Annaliza Franco, visited several bars, casinos and duty-free shops. On Nov. 1, they went to San Roque Chapel at noon to pray for her father, a Philippine Navy officer at the time of his death in 1989.
    Back at the hotel at about 6:30 p.m., she and Annaliza met Mills who introduced them to a man surnamed “Garcia,” said to be Mills’ liberty buddy. After eating pizza, they proceeded to the casino and played until 8:20 p.m.
    Family outing
    Franco said she, Nicole and another 12-year-old sister were invited for a vacation in Subic on Oct. 30 by a family friend, US Navy Petty Officer Christopher Mills and another US soldier, Carlos Ocasio.
    The soldier changed his mind, however, and brought the five siblings to the Grand Leisure Hotel instead. Asked why, Franco said “because Ocasio did not want to set a bad example for [my 12-year-old sister] because he said there were many Americans roaming around naked” at the Legenda where the two soldiers were billeted

  107. 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.

  108. kitty says:

    A used condom found inside the Starex van where six US Marines allegedly gang raped a 22 year old Filipino woman last Nov. 1 will be used by government prosecutors as evidence against the servicemen. ”We have evidence…we will pursue this case and we will not let them get away with their crime,” said a ranking official from the Department of Foreign Affairs who asked not to be named. A report submitted by the Presidential Commission on the VFA to the Palace said investigators will conduct DNA tests on the condom to determine which among the six suspects – not five as earlier reported – had used it. The report also said the driver of the van has agreed to testify against the US soldiers. “I saw how those US Marines mercilessly raped the girl inside the van. It was really horrible,” the driver, Timoteo Soriano, said in a sworn statement. He added that while he was driving the rented blue Starex van, he heard the US Marines shouting, “Go, go Smith..go!” The victims, who reportedly comes from a wealthy Zamboanga family, has filed a case before the Olongapo prosecutor’s office against US servicemen Keith Silkwood, Daniel Smith, Albert Lara, Dominic Duplantis , Corey Barris and Chad Carpentier. Records show that medico-legal officer Dr. Rolando Ortiz II conducted the medical examination on the victim before the rape case was filed. Ortiz said the victim sustained bruises and contusions in several parts of her body and probable penetration in her sex organ. He declined, however to offer a professional opinion until he is called to testify in court. The alleged rape took place on Nov. 1 following joint military exercises in Subic . The SBMA said the alleged victim had been visiting a karaoke bar when she met the Americans, who invited her to go with them in a rented van. A few hours later, witnesses said they saw the woman being dumped unconscious from a van on a road, the authority said in a statement. Manila Standard Today Nov. 5-6, 2005

  109. 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

  110. kitty says:

    The NBI chief said the bureau will not conduct a laboratory test on the condom which was found at the Hyundai Starex sports utility van where the suspects raped the victim. Unless the victim’s lawyers ask the NBI to do that. Right now we haven’t received any request, said Wycoco. Initial medical test conducted at the James Gordon Memorial Hospital in Olongapo City showed that the victim had a number of cuts in her genitals but was negative for sperm. Reports showed that the victim came from Zamboanga with her step-sister to meet the latter’s boyfriend, who was among those who participated in the joint military exercise. Manila Standard Today Nov. 15, 2005

  111. 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

  112. 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

  113. 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

  114. kitty says:

    Jaime 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

  115. 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

  116. 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.

  117. 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

  118. kitty says:

    Sex workers don’t get arouse. when you don’t get arouse the vagina is not lubricated or wet!

  119. kitty says:

    These are the reasons why Daniel Smith is Innocent!

    1) The condom and trip ticket were moved.
    2) All the statements coming from SBMA, VFA and other government officials regarding the incidents like unconscious naked woman with only underwear, gang-rape etc. The condom was in the van and not glued to her panties as presented in court. The trip ticket and the condom were moved and all those witnesses started to changed their testimonies.
    3) The forensic expert testimonies regarding the DNA of the victim in the used condom. The inside out theory of the forensic expert.(“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.”)
    4) Testimonies from the same witnesses regarding the appearance and state of the victim at the area she was dumped. Knowing the victim was intoxicated and can’t give her consent therefore it is rape. Their testimonies of being force or drag to the van were changed to carried or piggy-back by Smith.
    5) How comfortable she was in the company of men after the fact the she was just been raped. Knowing he was wearing a condom, tests done in the hospital were STD and Pregnancy tests and no BAC test.
    6) Thirty three hours from the time of the rape, she went back to the hospital because the attending doctor at that time were insensitive and rude to her. She did not opposed to a male doctor give her a physical exam. Why not with a female Dr. Estera? Anything can happen in 33 hours.
    7) Paule, the SBMA biker patrol, who was there in the scene of the crime. She was hugging him for a couple of times asking him not to leave her. There was no immediate danger at that time with so many witnesses (who later testified in court) around her. She was intoxicated right? Therefore can’t give her consent to sex. Why would she have that intense fear? She said she can’t remember anything. It doesn’t add up.
    8) Take notice on the victim’s habit of changing lawyers. The changing of the venue. Later you see that the whole case, I mean the evidence and testimonies changed too.
    How could the presiding judge Benjamin Pozon convict him beyond reasonable doubt of the crime of rape when I have a lot of doubts in this case? There was no rape. You’ll find extortion, corruption, blackmail, collusion and conspiracy among the involve parties. It is “political” in nature.

  120. Laura says:

    Ohhhh I’s also Dan’s supporter and I believe in him. I hope I can get his address so that I can send some Inspirational book about life and Inspirational book about God’s love. I know he needed that while his still here in Philippines. But im glad and happy that finally he was returned to the custody of the US Embassy. Let us keep supporting Daniel. I love you Dan and your in my prayers too. We will remember you as a hero and you Nicole, you better shut up!… Thanks and more power to all Dan’s supporters…

  121. Christia says:

    Hello, I’m Christia from General Santos City and I’m one of Daniel Smith’s supporters here in Gensan. People over here are pro Daniel Smith and honestly no one even care about Nicole. Ohhh well, I have been supporting him all the way from the start of his battle. I believe his innocent and I know President Gloria Macapagal Arroyo believe the same like we do (Dan’s supporter) that his innocent and not guilty of raping a Filipina. Indeed, Suzette Nicolas (real name of Nicole) should be the one to be prosecuted. Ohhh yea, she did a good job in seducing this young marine. I believe Nicole don’t deserve justice. She’s not the victim but Daniel Smith. I salute you Madam for giving back the custody of Daniel Smith to the US Embassy. You’ve made a right decision. Daniel you are always in my thoughts and prayers. It’s good to know you have a forgiving heart. I need to have that also, so that I can forgive Nicole for always telling a lie! You always take care Daniel, wherever you are and GOD Bless…

  122. stoxbnx3 says:

    kadiri ang ibang pinoy. i bet kung mag-aartista sya dito sa pilipinas sisikat sya.

  123. Boracayman says:

    Daniel smith.. the Convicted rapist.. was found Guilty …. and deserved to be found guilty… Nicole was bundled into a Van Raped and abused…Taken advantage of… .. in front of others..

    Then These brave men U.S Servicemen …. dumped her Half Naked… on the street by the pier… and then threw her underwear nearby with a condom stillsticking to it….What sort of animals would do that…. Surely there should be some sort of penalty given by the courts for this type of Abuse and rape of a Filipina in the Philippines.

    Lance Cpl. Daniel Smith was found guilty… but he was given 40 years imprisonment…. That i agree is excessive.. Philippine law is harsh..
    It just goes to show.. if you do the crime… in a place like the Philippines… expect to be dealt with by the Philippine courts harshly.

  124. 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!

  125. Daniel Smith is very handsome says:

    Balita ko, binibinta na ang mga Pictures ni Daniel Smith sa Quiapo, sold out daw ang mga pictures nya at marami pang naghahanap. Sana makabili din ako. i think Daniel Smith will be the hottest guy in the Philippines. he’s so handsome, i want him to be my fiancee if he don’t mind. Pag hindi nagtagal, pag na aquit sya, gagawin syang artista dito sa Pilipinas.

  126. libby says:

    Reply to Daniel who wants a picture of Dan Smith. You can request from Grace Santos thru EMail: JUSTICE4DAN@HOTMAIL.COM

    Or call her at 09198353728 or 01979016592

    I am a supporter of Daniel Smith. I strongly believe he is innocent. I keep him in my prayers that he will be served fair judgment. Suzette Nicolas (real name of Nicole) should be the one to be prosecuted. She did a good job in seducing this young marine.

  127. Dina Ariola-Stewart says:

    Thank a lot,Justice Seeker as my husband and I have filled an Ipod with songs a 21 yr old American would appreciate. We are jus trying to figure out how to get it to him.
    The Balikatan is temporarily on hold while Dan’s case in under review. The Philippine government better review this quick as the Balikatan is very imperative in modernizing the Army and it is a big help to you all. If this operation depends on how long the review will be,then we need some actions.Otherwise,who will take the US’s place? Don’t tell me it’s the Samoans….

  128. Justice Seeker says:

    I read a post from Grace Santos on another blog and she offered to print out and pass on emails of encouragement to Dan. Send emails to JUSTICE4DAN@HOTMAIL.COM

  129. Maritess & Russel Knight says:

    MERRY CHRISTMAS,DANIEL!

  130. fromcebu says:

    the best thing we can do is to pray for Danniel Smith that he will soon be proven innocent. i also pray for nicole for her to tell the truth!
    GOD BLESS PHILIPPINES AND AMERICA!

  131. Maritess & Russel Knight says:

    fromCebu:
    Point well taken and this case is very sad. Daniel Smith is more of the victim here-as more so now that it has become so publicised and “politicized”.We wish the Philippines would turn Daniel to US custody for so many reasons and let it rest (though it seems to be impossible now).He was just at the wrong place at the wrong time and a victim of circumstances.We believe that so many of this “hooking up” happen everyday;and this is just one isolated case of the many that got snagged;an had been woven into a real drama.
    I am a Filipino by birth and now an American Citizen and married an American who serves the US Forces.My husband travels to countries-including the Philippines-who needs help in making it safer from terrorists ,etc.So that-our children will live better.

  132. fromcebu says:

    to MARITESS & RUSELL KNIGHT:
    do not be distress seeing filipino women hooking up americans because they don’t represent the whole filipino women. they constitute the minority. if fact they are very unpopular activists because of their link to the communist-terrorist group, NEW PEOPLE ARMY. i presume you are americans right? well, believe it or not, most filipinos expresses their symphaty to smith. i am a filipino college student and i made a survey together with my classmates. 9 out of 10 are pro-daniel smith. in many websites where most people who post their comments are filipinos, they even express their grudge against nicole(the said victim of rape) and often called her a “whore”
    please guys, made this clear to your felloe americans. GOD BLESS!

  133. Maritess & Russel Knight says:

    TURN DANIEL TO US CUSTODY! We are a couple from Missouri-not very far from Daniel Smith’s hometown.Philippine Government-all those concerned,leave Daniel alone and let him come home. If this is the case you’re gonna pay a lot of attention on,might as well delegate your whole country’s Armed Forces and stop your women from hooking up with Americans.They are like worms to fish!Come on,people-get real!

  134. ForDanieltoo says:

    I also would like to know how to get Daniel’s photos/s.This is secondary but I have a lot of faith in the circumstances of this young man who was just at the ight place at the wrong time.
    There is actually a pro-daniel group who usually infront of makati Jail led by a Grace santos (I think)-who is married to a US Servicemn.ANYONE—if you guys who take daniel’s side can patch us to this group,that would be awesome!

  135. ForDaniel says:

    According to latest news, Daniel is giving out his photos taken inside the jail with his dedication! How can I get one? Anyone who knows? JUSTICE FOR DANIEL! Don’t worry buddy, you’ve got a lot of people behind you!

  136. sistah says:

    LOL! This is what I’m talking about.Now,we just have to see how much this generates..or has it died down?It’s like,this too shall pass,just like gas!

  137. Filipino-American no more says:

    Well,well…look at the Secretary of Justice.Yes…no…no…yes….yes….Let’s do the rock..paper…scissors…

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