Posted: Fri Jul 21, 2006 2:20 pm Post subject: US Marines not cooperating in rape case
Four US Marines on trial for the alleged rape of a 22-year-old Filipina refused on Thursday to submit blood samples that prosecutors believe would link at least one of them to the crime. Prosecutors have asked the Makati Regional Trial Court to compel Staff Sgt. Chad Carpentier and Lance Corporals Daniel Smith, Keith Silkwood and Dominic Duplantis to submit blood samples for DNA testing. The government lawyers said the tests would help identify DNA from samples from bodily fluids found in the woman’s underwear after the alleged sexual assault at the former US naval base of Subic Bay on November 1, 2005.
The woman has testified that Smith lured her out of a Subic bar after a night of heavy drinking and then raped her inside a rental van, cheered on by the three other Marines. The Marines, who have pleaded not guilty to the charge of rape, face up to 40 years in jail if convicted. Smith maintains the sex was consensual. The alleged crime occurred shortly after the defendants took part in a joint US-Philippine military exercise.
Smith’s Filipino lawyer Benjamin Formoso told the court Thursday that the rules of court do not compel the defendants to submit evidence unless prosecutors can prove first that it is relevant to the case.
Formoso said prosecutors must first show the judge “how the samples [of body fluids on the woman’s garments] were collected.” They must show “[the way] they were handled, the possibility of contamination of the samples, the procedure followed in analyzing the sample, whether the proper standards and procedures were followed in conducting the test, and lastly the qualification of the analysts who conducted the test,” the lawyer said. “To have herein [the] accused submit blood samples would be a useless exercise and a waste of good blood,” Enrico Uyehara, lawyer for Duplantis, told the court. The court has yet to rule on the prosecution’s motion for DNA samples. The DNA test results on the two pieces of evidence submitted earlier for the DNA examination at the Philippine National Police Crime Laboratory do not prove anything, and chances are the evidence could have been tainted, the defense said.
Rodrigo, in cross-examining Senior Supt. Francisco Supe and Senior Insp. Edmar de la Torre, both forensic DNA analysts of the crime laboratory, asked if it is possible that the complainant’s panties and a condom submitted to them for examination were contaminated. The analysts said it was possible that contaminants, particularly DNA profiles from other individuals who had handled the evidence, could have contaminated the items. There will be no hearing today, because the toxicologists scheduled to testify could not attend owing to conflicts of schedule.
The case has sparked anti-US street protests. Activists and nationalist groups have called on Manila to revoke a treaty that gives the US government jurisdiction over its troops who commit crimes here while on duty.
Source: The Manila Times, July 21st, 2006 _________________ Wer tanzen will, muss die Musik bezahlen
"The woman has testified that Smith lured her out of a Subic bar after a night of heavy drinking and then raped her inside a rental van, cheered on by the three other Marines. "
wtf is she doing in a subic bar in a crowd of marines in the first place??
Without knowing any of the details I think it would be naive to assume that she was little miss innocent being "lured" out of a nightclub by some marines.
It seems like just about everywhere there is an American base in Asia, the locals want them out.
Is this always the case?
Seems to be that this IS always the case ... Of course, I'm not saying it's right or wrong. Both parties probably have their reasons for feeling the way they do here ... _________________ Dongguan Expat - Your online Community!
"The woman has testified that Smith lured her out of a Subic bar after a night of heavy drinking and then raped her inside a rental van, cheered on by the three other Marines. "
wtf is she doing in a subic bar in a crowd of marines in the first place??
Maybe they forgot to pay her afterwards
From what I understand after researching on Google dearest, "Subic" is a promiscious area in the Phillipines. Am I right
Assuming I am, I sorta tend to wonder the same thing as Mike is ... WHAT was the dame doing there in the first place
I don't mean to say what happened was right, but geez, I mean, one should have SOME common sense This is like walking down the streets of New Orleans with bundles of cash in full display and then complaining about getting mugged ... _________________ Dongguan Expat - Your online Community!
I have followed this story. (I wont call it a case as there are too many obvious loopholes.)
At one point, the girl concerned retracted her allegations, but the court prosecuter refused to accept it.
So, 4 guys are all supposed to have raped this girl, in a car, with the Filipino taxi driver there as well.
He too changed his story several times.
Apparently they picked her up in a well known girly bar, and were, so it is alleged, "just giving her a lift home".
Then the prosecution argued over which court should have jurisdiction, with two circuits arguing which had the best judges, and could get the most publicity out of it.
Overall, to me, there are too many unknowns here, and far too many contradictions to assume they were guilty.
One final point.
Girls are available there for less than $20 a night. Heck many wouldbe happy to look after all 4 guys for that amount.
Does one assume that these 4 marines didnt have that amount, or werent willing to spend it, or.... _________________ The Middle Eastern states aren't nations; they're quarrels with borders.- P. J. O'Rourke
It seems like just about everywhere there is an American base in Asia, the locals want them out.
Is this always the case?
In my opinion it will be. As long as the forces are under the teachings of the George Bush School of Winning Hearts and Minds.
Now not to make this a diatribe of or blame placing on GW, but this is the starting pointand the sad thing is that this is starting to permeate the USA Society as a whole. My opinion only.
Power corrupts, and absolute power ..... well ... and I think it is only in the beginning stages.
I think many people , myself included, thought the cold war was bad. Well thats over now and there is only one super power, and look whats happening.
The GW simple minded thought process of the "my way or the highway" cannot work in the area of world politics.
It is not difficult to get citizenry to like something that gives them more then the non citizen, or citizens of other countries, and we see this in the US today. Pick your own example using the formula of reversing roles.
"How many people in the US would like or would not like it; [read : would stand for it] if.... _____________, and you fill in the blank.
Examples :
Iraq: If Iraq were in the US today doing what the US is doing in Iraq
Kyoto Agreement : The business of another country were taking more of the worlds resources than their fair share and contributing excessively to world pollution
Other countries had their troops in the US and committed crimes and could not be tried in their courts.
The Alleged Philippine rape mentioned here:
The many alledged rapes and abuses occuring in Iraq
and on and on.....
Put your own scenario in the blank and try and think as others think, to be seen the Americans are seen today.
Is it any wonder the popularity and opinion of the US is in such a decline.
And those in the US who are taking more than their fair share, well its hard for them to see this because they don't want to see it.
Many of us would like to loose weight , but do not want to give up anything to do so, say like eating.
No, not to be a doomsayer , but the worst is yet to come, I am afraid.
We Americans have lost the ability to "walk a mile in the other mans moccasins".
Well, Bush is really just the IDEAL moron to light the flame under this whole mess, and he's done so with panache.
This has really been going on for a LONG time - the US interferes way too much in other countries' internal affairs, and is VERY quick to place sanctions upon those that they think might be a threat to them.
A case in point is India in the 70's (or 80's, perhaps) - and India NOW.
Back then, when India was developing a nuclear weapon, the US placed HEAVY economic sanctions on the country, while at the same time COVERTLY helping Pakistan develop it's own weaponry. This despite the fact that India was clearly a peaceful nation and was developing this missile for self defense, and that's it. Real reason for the sanctions placed by the US was that they were WELL aware that India could be a superpower some day, and they wanted to NIP that process in the bud .
Fast forward to today ... It obviously didnt work, as one can see from Bushy trying to cajole India into partnerships and what not, but that is beside the point.
This is just ONE case ... and this sort of "big brother" attitude is what has gotten the US hated globally. I mean come on, we all know the real reason behind attacking Iraq was oil (who controls all the oil there now?? It ain't the Germans, or Australians ... it's the US and British (read US))
And of course, people of course hate those who "have it all", and the US had and still does have way more than even other developed nations.
Whatever the reasons for whatever happened, the marines can't claim they paid her as they are then guilty of trafficking:
http://www.chanrobles.com/republicactno9208.html
and could end up in jail for 20 years.
Regards: Jim Sibbick _________________ Free Philippines videos, Philippines pictures and my blog can all be accessed from my website http://www.bigjimsphilippinesexperience.com
It seems like just about everywhere there is an American base in Asia, the locals want them out.
Is this always the case?
In my opinion it will be. As long as the forces are under the teachings of the George Bush School of Winning Hearts and Minds.
Now not to make this a diatribe of or blame placing on GW, but this is the starting point and the sad thing is that this is starting to permeate the USA Society as a whole. My opinion only.
Not just your opinion TP and good post by the way.
Dubya just needs out so America can (sort of) have a fresh start. He is symbolic for the decline in America's popularity.
Winning hearts and minds...so true. Didn't Neil Young sing something about a kinder, gentler machine gun hand?
_________________ Wer tanzen will, muss die Musik bezahlen
It seems like just about everywhere there is an American base in Asia, the locals want them out.
Is this always the case?
In my opinion it will be. As long as the forces are under the teachings of the George Bush School of Winning Hearts and Minds.
Now not to make this a diatribe of or blame placing on GW, but this is the starting point and the sad thing is that this is starting to permeate the USA Society as a whole. My opinion only.
Not just your opinion TP and good post by the way.
Dubya just needs out so America can (sort of) have a fresh start. He is symbolic for the decline in America's popularity.
Winning hearts and minds...so true. Didn't Neil Young sing something about a kinder, gentler machine gun hand?
Whatever the reasons for whatever happened, the marines can't claim they paid her as they are then guilty of trafficking:
http://www.chanrobles.com/republicactno9208.html
and could end up in jail for 20 years.
Whatever the reasons for whatever happened, the marines can't claim they paid her as they are then guilty of trafficking:
http://www.chanrobles.com/republicactno9208.html
and could end up in jail for 20 years.
Regards: Jim Sibbick
He's guilty both ways.
Last time I heard from this topic.. the guy is crying out like a baby for his mom the US Embassy.
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This is like walking down the streets of New Orleans with bundles of cash in full display and then complaining about getting mugged ...
