Update on Phoney “Gang Rape”

[Ray]

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The Manila Times
Wednesday, April 19, 2006

Charges reduced for 3 GIs in rape

The rape charges against three US Marines will be downgraded from being perpetrators to accessories, Justice Secretary Raul M. Gonzalez said Tuesday. But he affirmed that rape charges would be filed against the main suspect, Daniel Smith.

The four Americans were all originally accused of raping a 22-year-old Filipina in Subic in November after taking part in joint US-Philippine military exercises in that free port.

“I downgraded [the other three] to accessories [because] they were there, they had knowledge and they just abandoned her,” Gonzalez said, referring to the three US Marines, Dominic Duplantis, Keith Silkwood and Chad Carpentier.

He said the alleged victim’s own accounts showed that only one man raped her.

No gang rape

“There was no gang rape. In all her statements the woman said only one man molested her,” he said. “There is no evidence of conspiracy.”

The Marines insisted that only one of them had sex with the woman and that it was consensual.

“I just considered that [the three] had knowledge of what was going on in the car,” Gonzalez said.

He said the three could have been exonerated but he decided not to, “to satisfy the mom,” alluding to the victim’s mother.

The men are in the custody of the US Embassy. It has refused to hand them over to local authorities until the trial starts, citing a Visiting Forces Agreement that allows them to keep soldiers in their custody during legal proceedings.

The alleged rape has triggered anti-American street protests. Leftist groups have been using it as an issue to attack the government’s ties with its main security ally.

Smith was made the principal accused after failing to submit his counteraffidavit.

Gonzalez ordered Olongapo City Prosecutor Prudencio Jalandoni to withdraw the charges against the three Marines and make a new charge sheet.

He said it was up to the court whether or not to accept his recommendations.
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[Ray]

And the commies at Gabriela whine on… and on… and on…

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Manila Times
Friday, April 21, 2006

Women’s group calls for Gonzalez’s resignation

A MILITANT women’s group on Thursday called for the resignation of Justice Secretary Raul M. Gonzalez for doing nothing defend the rights of the victim in the Subic rape case and for showing his bias for the accused American Marines.

Lana Linaban, deputy secretary-general of Gabriela, said that Gonzalez has no moral ground to say that Olongapo City Prosecutor Prudencio Jalandoni is free to resign from the panel investigating the Subic rape case.

On Wednesday Jalandoni resigned from the special DOJ panel assigned to prosecute the Marines, evidently as a reaction to Gonzalez’s downgrading of the charges against three of the four Americans.

Gonzalez has announced that only US Marine Daniel Smith would be charged with rape while Keith Silkwood, Dominic Duplantis and Chad Carpentier would be charged as accessories.

Gabriela is set to protest at the Makati Regional Trial Court Friday during the hearing of the motion to issue a warrant for the arrest of the four suspects and the motion to declare Article 5, Paragraph 6 of the Visiting Forces Agreement unconstitutional.

Gabriela also assailed Gonzalez’s statement that the three US Marines who allegedly cheered when the Filipino woman was being raped inside a van do not make them co-conspirators in the crime.

“This is a downright insult to the justice system. It’s a shame that the head of the DOJ does not even understand the antirape law and is ignorant of dealing with sensitive cases such as rape,” Linaban said.
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[Ray]

Latest on the case of the “Gang Rape” by (six) U.S. Marines in Subic last November.

Now “Nicole”, her mommy, and the commies from Gabriella are pissed because not even the prosecutors seem to buy her story.

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Manila Times
Wednesday, September 20, 2006

‘Nicole’ sheds angry tears, lashes out at lawyers

“I am the victim in this case and I have the right to remove anyone.”

“Nicole,” the 22-year-old woman who has accused four American Marines of raping her, was in a fighting mood at a press conference Tuesday after the Department of Justice rejected her earlier call to replace the prosecution over alleged incompetence.

The woman, identified only as “Nicole” due to laws requiring that rape victims’ names be kept secret, reiterated that the prosecution had not handled the case properly, particularly the cross-examination of the main accused, Lance Cpl. Daniel Smith.

She first called for the replacement of the prosecutors last week but the department turned her down. Some of the prosecutors have also lashed out at her, saying she was lying about her version of events.

Nicole has had three prosecution teams since the trial began in April.

The four US Marines are being tried for allegedly raping the woman in November after taking part in joint military exercises in the Subic Freeport in Olongapo City.

Besides Smith the other defendants are Lance Cpls. Dominic Duplantis and Keith Silkwood and Staff Sgt. Chad Carpentier, who were with Smith in a van where the alleged crime took place.

At the trial Tuesday Carpentier said he saw Nicole kissing Smith at a bar before the alleged rape took place.

He also denied Nicole’s account that she was carried into a van by the four and was later raped by Smith.

“I saw Smith sitting in a chair with a Filipina girl sitting in his lap and they were aggressively flirtatious with each other. They were kissing each other,” Carpentier told the court.

He added that the girl later boarded the van with them willingly and sat with Smith at the back of the van.

Later, when the woman was seen getting out of the van with her pants pulled down, Carpentier said he took no action, because “I thought the woman was a professional, out to prey on the vulnerability of Smith.”

Smith earlier testified that he had sex with the woman but that it was consensual. Carpentier said he called up his buddy, Cpl. Corey Borris, who was at the Neptune Bar with the other Marines, and reminded him that their curfew was drawing near.

On arriving at the bar, Carpentier saw Borris outside and asked why everybody was still inside. He entered the club to round up the Marines.

Inside, he saw Smith with a Filipina sitting on his lap.

“They were flirting with each other and kissing,” he said.

Carpentier said he had one drink before leaving the bar. Outside he saw Duplantis, Silkwood and Smith with the complainant waiting outside the van. They all got in. Carpentier said he was not sure what Smith and Nicole were doing in the back of the van, because he had not paid them any attention.

On reaching the pier he ordered everyone, including Nicole, out of the van.

Public prosecutor Elizabeth Berdal asked Carpentier why he did not help Nicole find a ride or offer her a ride back to Neptune, despite his earlier claim that he saw the complainant almost naked.

He said he was willing to help any self-respecting woman but that in the case of Nicole he felt that he was disrespected and shocked with the way she behaved inside the bar and inside the van.

Dr. June Lopez, the complainant’s psychiatrist, expressed disappointment at the recent events and the statements the public prosecutors made against Nicole and her mother. Justice Secretary Raul M. Gonzalez has stood by the prosecutors.

Senior State Prosecutor Emelie Fe de los Santos, head of the five-man team tasked to prosecute the Marines, had said Nicole and her mother are “ingrate, ungrateful and crazy.”

Private prosecutor Evalyn Ursua said Nicole was “in a bind.”

“She has no choice. She is the face of the people of the Philippines, she is at the center of the case,” Ursua told radio station dzMM in an interview.

Last weekend, the complainant’s mother claimed that de los Santos even tried to persuade them to agree to a settlement, since they were supposedly fighting a losing courtroom battle.

The case has stoked bitter anti-US sentiment in this former American colony and sparked street protests.

It is also seen as a litmus test for the Visiting Forces Agreement, which grants limited immunity to 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 public.
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[lapentier]

This level of detail never seems to make "The Philippines Tonight" when it appears to exonerate Americans.  This whole story has smelled like fishy politics from the beginning.  On the other hand, when American sevicemen frequent this type of place and go around with this type of people, it does not represent us well.

[doombug]

This whole story has smelled like fishy politics from the beginning.

For me, it smelled fishy the moment I read that a Staff Seargent accompanied the three subordinates.  Fraternization at that level is highly frowned upon in the Marines, thus making it extremely rare.  Especially among grunt units;  whether in the field or on liberty.

NCOs thrash Marines, they don't chaperon them. 

[Ray]

For me, it smelled fishy the moment I read that a Staff Seargent accompanied the three subordinates.  Fraternization at that level is highly frowned upon in the Marines, thus making it extremely rare.  Especially among grunt units;  whether in the field or on liberty.

NCOs thrash Marines, they don't chaperon them. 

Good point Doom.

But the way I read the story, the 3 Lance Corporals were drinking together and the Staff Sargent went to the bar to round up his troops and get them back on the ship which was leaving in the morning.

When I first heard this story I couldn’t believe that the Staff Sgt. would sit in a van and do nothing (or participate) while 6 junior marines gang-raped some girl. That just makes no sense!

These rare shore leaves in the Philippines are very tightly controlled and mostly restricted to the former Subic base where these guys were drinking in a respected nightclub. They were not allowed to go out into town in Olongapo or Subic City where things are more wild.

There are a few groups of mostly communists and feminists like Gabriella who go out of their way to provoke incidents with American troops so they can scream “Yankee Go Home” and try to have the American military banned from the country altogether. For that reason, I wouldn’t be overly surprised if the troops were somewhat “chaperoned” by their NCO’s while on shore leave.

That “bitter anti-US sentiment” and the “street protests” mentioned in the article were noting more than a handful of commies with the usual anti-American signs protesting outside the courthouse from what I am told by people on the ground.

This whole “gang-rape” BS is mostly just a 22-year-old girl testifying that she doesn’t really remember what happened. I also understand that she has (or had) an American sailor boyfriend who was not with her at the time of the incident. I think she was probably claiming rape to protect her reputation when the police got involved.

She is now obviously being coached by the commies with their own agenda.

[Keith]

Ray,

How are you?  Hope you and the wife are doing well.  Anecita and I are doing fantastic.  She is now working and learning how to drive a car. 

Is this Gabrielle the leader of the Philippine version of the NOW gang we have here in the states or as Rush calls them the NAG gang?  Everyone is always trying to beat up on the good ole USA.  These people would be speaking Japanese if it wasn't for the sacrifices this country made during WW2.  This whole thing stinks! 

Everytime I get on the board there is something new.  I just used the spell check feature. 

[Ray]

Hi Keith,

Thanks for the update. Are you teaching the wife to drive or did you hire a professional? It takes a lot of patience! 

Gabriela is even worse than NOW. They are a feminist advocacy group but also blatantly communist and anti-American. They also have an affiliate here in the U.S. where they continually spout their anti-American drivel.

The “Gang Rape” trial is over and the judge is supposed to announce his verdict next month. Gabriela will certainly be there running their fat commie mouths. 

Hey, weren’t you the one who asked a while back about Phillip Rivers, the Chargers QB out of NC State? Since Drew Brees left the team, Rivers is now the starting QB and he has been doing fantastic! He will likely be one of the top NFL quarterbacks in a few years.

Take care…

Ray

[Keith]

Hi Ray,

Well I decided that I wouldn't be the one to teach Anecita how to drive.  I feared that it may lead to another divorce.   My Mom and Dad are taking turns teaching her.  She is doing real well.  The only problem she has right now is remembering to slow down when turning or going around a curve.    She is a smart lady so I have no doubt that she will get better in that area.  She is going to take the driving test next month. 

It is a real shame that people like Gabriela have too much time on their hands to go out and spout all that BS about America and our hero's that serve in the Military.  I hope that most Filipinos are smart enough to know that she is full of it. 

Yes, I did ask you about Phillip Rivers a while back.  He set all kinds of records at NC State.  They are not the same team without him.  I watched that game against Pittsburgh and he looked real good in that game.  I thought he would do well once he was able to get into a leadership position with the Chargers.  I think Rivers will be one of the top QBs also.  The Chargers look real good this year.  Are they going to build a new stadium for the Chargers in San Diego?  I heard some rumblings a while back about the owner wanting a new stadium or there is a possibility he would move to LA if they build a new stadium there.  I hope it is just hersay.  LA Chargers doesn't sound good.  

Keith

[Ray]

Keith,

For the record, Gabriela is not a she, it’s an organization. Though supposedly named for a woman (Gabriela Silang), the name GABRIELA = General Assembly Binding Women for Reforms, Integrity, Equality, Leadership, and Action (?). Translation: Commie Feminist Bitches.

http://members.tripod.com/~gabriela_p/

Phillip Rivers is impressive for a first-year starting QB. He got smacked around pretty bad in KC last weekend, but he didn’t lose his cool and he brought the team back from way behind to tie it up in the 4th quarter before KC beat them in the last seconds with a field goal. It’s too bad that San Diego’s previously number one defense is being decimated by drug busts and police shootings…sheesh!

Yep, San Diego needs a new stadium but the San Diego City govt. doesn’t want to pay. Chula Vista (20 mile to the South) is trying to get the team if San Diego wants out. “Chula Vista Chargers”? Works for me…

I think L.A. has something else going on with obtaining an NFL franchise (?)

Ray

[Ray]

SunStar
Monday, December 04, 2006

US Marine gets rape conviction, 3 others acquitted

MANILA (4th Update, 3:30 p.m. )- Lance Cpl. Daniel Smith, a US Marine from St. Louis, Missouri was convicted Monday in a landmark rape case and sentenced to 40 years in prison, ending a long, emotional trial that has strained US-Philippines ties and tested a joint military pact.

The three other US Marines, Staff Sgt. Chad Carpentier; Lance Cpl. Keith Silkwood and Lance Cpl. Dominic Duplantis and Filipino driver,Timoteo Soriano were ordered acquitted of the charge after the prosecution failed to provide sufficient evidence that would show that they conspired with Smith in the commission of the crime.

The court also ordered the detention of Smith in the Makati City Jail, which the counsel of Smith appealed but was immediately denied by the court.

Lawyer Ricardo Diaz, Smith's counsel said under the Visiting Forces Agreement (VFA) custody of Smith will still be at the US Embassy since the case is not yet over.

After the promulgation there was confusion in the custody of Smith, security personnel from the US Embassy tried to take Smith out of the court but policemen also grabbed Smith to an exit door where he was brought to the Makati City Jail.

Under the Visiting Forces Agreement, which governs the conduct of US troops in the Philippines, the Marines were placed under US custody during the court proceedings.

Diaz said they will also file a plea for habeas corpus before the SC because they believe that the US Embassy should have custody of Smith pending the completion and termination of the judicial proceedings.

Judge Benjamin Pozon in his decision said even if there was no direct evidence that Smith committed the crime of rape yet the prosecution provided sufficient circumstantial evidence that would show that he sexually assaulted Suzzette Nicolas, the Filipina complainant.

The court enumerated at least 14 circumstantial evidences that lead the court to be morally convinced that Smith raped Nicolas inside a van in Subic last year.

These are: “He was the one who danced last with the complainant, he was the one who brought out the complainant from the club in his back, he was the one who loaded the complainant into the van, he was the one who occupied the back seat of the van and with him is the complainant, he was the one who was on top of the complainant, who resisted his kisses, pushed him and fought him back until she lost consciousness due to the accumulated effects of the alcoholic drinks she had taken.

He admitted having had carnal knowledge on the complainant, he and Silkwood were the ones who carried outside of the van after that sexual intercourse, the complainant felt pain in her private part after she had carnal knowledge of her, the complainant realizing that she was raped tried to look for smith but failed to find him.

The complainant revealed the sexual assault on her although not immediately to the guard at Neptune Club when she tried to find for accused Smith after her violation first to her stepsister Annaliza, boyfriend Brian Goodrich, mother and the doctor who first examined her.

Her examination revealed that she suffered contusions on different parts of her arms and legs and her labia minoras, which are consistent of sexual assault or non consensual sex or rape, her vagina canal elicited unusual tenderness when and internal examination was conducted on her, her panty had seminal stains of Smith, the condom used by smith had his seminal stains and when the panty, condom and blood samples of complainant and smith were examined using DNA analysis it was found that male DNA profile on the panty, condom, blood samples matched that of Smith.”

In addition to the sentence, Smith was ordered to pay the defendant P100,000 (US$2,000) in compensatory and moral damages.

A motion of reconsideration is expected to be filed by Smith's counsel before Pozon's sala and if the appeal is denied, Smith can go to the Court of Appeals (CA) and if CA rejects it, he can go to the Supreme Court (SC).

Jubilation broke out among those outside the court, composed mostly of supporters of Nicole.

Nicole said she is saddened by the acquittal of the three other Us Marines but happy over Smith's conviction. She said they are willing to wait out the completion of the judicial proceeding like the appeal.

Nicole, in an interview over ABC-CBN News Channel (ANC), was shocked that her real name was already mentioned in media and her face was partly shown.

Smith had testified that the sex was consensual. Instead, he became the first American soldier to be convicted of wrongdoing since the Philippine Senate ordered US bases shut down in the early 1990s and joint training was established under a treaty, the Visiting Forces Agreement, in 1998.

The case has stirred emotions in this former US colony and resurrected controversies linked to the US military presence in the Philippines, which has been credited with helping Filipino troops crack down on Muslim militants in the country's restive south.

Pozon said the severe penalty was aimed "to protect women against the unbridled bestiality of persons who cannot control their libidinous proclivity."

The verdict said Nicole was so intoxicated that she could not have consented to sex, pointing to testimony that Smith carried her to a van where the incident occurred.

Some cheers and applause broke out in the courtroom, and Nicole began weeping as supporters embraced her.

"We're very happy, we laud Judge Pozon for showing courage and judicial independence," the woman's lawyer, Evalyn Ursua said.

The other Marines backed up Smith's testimony, denying any wrongdoing, and were freed.

At Malacañang, Press Secretary Ignacio Bunye said they laud the court's verdict.

"We laud the triumph of impartial justice. The court maintained an even keel despite the tremendous pressures upon the bench. We have shown the world that due process is a hallmark of Philippine democracy," said Bunye, who is also Presidential spokesman.

Bunye said they believe that the outcome of the case will not affect Philippine-US relations because the issue is not about diplomatic ties "but about universal justice and the rule of law."

About 100 protesters gathered outside the courthouse, chanting and singing "Bayan Ko" - "My Country" - a popular nationalist song. They waved a banner that read "Justice for Nicole, justice for our nation. Scrap VFA," referring to the Visiting Forces Agreement that allows foreign troops to take part in training exercises.

As a van dropped the Americans off and they were escorted by 50 helmeted riot police toward the court, members of women's group came up from behind yelling, "Convict, convict! Justice, justice!" as they raised anti-US posters.

The incident happened inside a moving van at the former U.S. Naval base at Subic Bay after a night of drinking with Smith, Nicole testified. The Marines had just finished a counterterrorism exercise.

The woman's lawyer, Ursua, had said conviction would be "a permanent blot on the record of the US servicemen in the Philippines."

"Getting a conviction is important for all of us because it will set a precedent," she said, while acquittal would make it difficult for other women to seek justice.

No other rape case involving US soldiers in the Philippines has reached court - not even during the decades until the US closed down its last base in the country in 1992.

The Alternative Law Groups Inc., an umbrella organization of 18 law firms in the country, warned in a statement that a "weak verdict ... will send a clear message to the international community that the Philippine government is further emasculating its own criminal justice system by tolerating US military troops' irreverence to the country's sovereignty."

Left-wing activists have rallied against the pact, saying it favored Washington.(AP/Sunnex)