For those following the November Subic “Gang Rape†case, here’s the latest.
Remember that first six marines were charged with gang rape of a 22-year-old Filipina in a rental van in Subic, a charge punishable by death.
Then when the star witness, the Filipino driver of the van changed his story, saying that there was no rape and he had been beaten by police into signing a phony statement, the prosecutor charged him with gang rape also.
Then when the Filipina victim tried to recant her story, saying that there was no rape, the prosecutors threatened to lock her up.
Then all charges were dropped against two of the Marines.
Then, all charges were dropped against the Filipino van driver.
Now, it looks like they may drop all charges against 3 of the 4 remaining marines.
Yet through this all, the feminist commie Gabriella bitches continued to scream for the death of the 6 marines.
Obviously the prosecution has no case. From my experience in Subic some years ago, similar trumped up charges were often filed against US servicemen in an attempt to extort money in exchange for dropping the charges. The police would coach the “victim†and usually get 50% of the take.
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SunStar
Tuesday, March 21, 2006
Justice office mulls downgrading raps v. 3 US soldiers
MANILA -- Justice Secretary Raul Gonzalez Sr. Monday said he is considering the reduction of charges one-degree lower against three of four US servicemen indicted for rape in Subic last year.
Gonzalez confirmed the finding of probable cause against principal accused Lance Corporal Daniel Smith but refrained from talking about the culpability of Smith's three co-accused -- Staff Sergeant Chad Carpentier and Lance Corporals Keith Silkwood and Dominic Duplantis -- until the release of his resolution on Wednesday.
Smith and his co-accused were part of the US team aboard USS Essex carrier that arrived in the country last October 22 who participated in the RP-US joint military exercises.
In Monday's press briefing, Gonzalez ruled out the dropping of the case against Smith's co-accused American soldiers, who were collectively indicted by the Olongapo City Prosecutor's Office as principals in the rape case filed by their 22-year-old alleged Filipino victim.
"What I'm studying is to find out the extent of their participation that would make them indictable because not everybody who is present when the crime was committed is a principal. Unfair naman yun, (That would be unfair)," he said.
"Criminal cases are almost always liberally assumed against the accused and principally against the government," he added.
Gonzalez also said he will wait for the recommendation of a prosecution panel whether to drop, uphold, or modify the findings of Olongapo Prosecutor Prudencio Jalandoni's finding of probable cause for conspiracy against the respondents.
"I won't comment if the charges against some (of the accused) would be dropped, but I might downgrade to accomplice, or one degree lower. What we're looking for is probable cause," he said.
Gonzalez said in a criminal case, the principal accused for rape suffers the penalty of life imprisonment to death, if found guilty, while an accomplice will be meted 12-20 years. A mere accessory has an indeterminate sentence.
He said Smith's admission that there was no rape, only consensual sex between him and the victim would play a factor in the case but Gonzalez admitted it would be difficult to prove the conspiracy among the US servicemen.
"As long as there's evidence at may admission, yun na (that's it). (Smith) admitted that there was sex but he said but it was consensual. That 'but' is a matter of defense that he will have to reiterate in court. That is his defense," he said.
Gonzalez said he personally believes that the charges against the three should be modified from being principal to either accessory or accomplice based on his reading of the results of the review conducted by a panel of prosecutors.
"Whatever the panel will say, I can always change it. The final word will come from me. As far as I'm concerned, it will be all three (that should be modified) because I have the final say," he said.
In the resolution of the prosecutors led by Jalandoni, the Department of Justice (DOJ) ordered the filing of criminal charges before the Olongapo City Regional Trial Court (RTC) against the accused for conspiracy to rape the victim. Also recommended to be charged was Timoteo Soriano, the driver of the van used during the rape.
However, Olongapo RTC Judge Renato Dilag dismissed the case against Soriano after the complainant did not include him as one of the respondents.
Dilag has scheduled the arraignment of the accused on March 24. The victim is also expected to attend the arraignment and confront the accused for the first time since the alleged rape happened.
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