Past one in the afternoon when the decision was handed down by the judge.
Verdict is out for the year long Subic rape trial of four United States service men. Lance Corporal Daniel Smith was found guilty while three others; Staff Sargeant Chad Carpentier, Lance corporals Dominic Duplantis and Keith Silkwood were aquitted (read news here, photo of four marines)
Judge said the three couldn't be made accessories to the crime (lack of evidence..it seems) while Smith, who was really the principal accused by the rape victim "Nicole", found strong evidence that he knew the victim was drunk, unconscious and still had sex with her. Lance corporal Smith was also asked to pay 100,000 pesos in compensatory and moral damages
He , Smith, said in the trial (or interview.. I forgot) that it was consensual sex. Obviously the judge didn't believe as evidence the girl was drunk and traces of semen was found. But then again, who knows what really went on inside the van on the night the supposed rape happened.
Lance cpl Daniel Smith from St. Louis, MO, will serve reclusion perpetua or life imprisonment at the Makati jail until there is an appeal by his attorneys and also while U.S. and Philippines review the VFA (visiting forces agreement) because there are provisions there that states or requires that any U.S. servicemen found guilty of crimes in local soil (meaning Phils) could stay in the custody of U.S. official. I think its the embassy in this case. While again appealing decision to the higher court.
Smith is the youngest of the four U.S. marines and he's about 21. If the appeal isn't succesful he could be in jail till he's about 40 or50 or 60.. depending, I guess.
So now what? Hmm. I had the hunch that the verdict would come out that way it did. Of course the judge had to think hard of his decision and I guess he has to please both sides though I think that really wasn't the intention. As a judge, one should be fair an take into account all the evidences presented and just so happens the one against Smith was strong. Probably.
Maybe Smith shouldn't have mentioned the the sexual act was consensual when the victim was fully drunk and unconscious. It didn't helped his side at all.
The victim was happy with the decision of the judge though. Looks like she could care less about the three others who were aquitted and she's satisfied with the one guilty verdict. She was interviewed and when asked if she can now forgive Daniel Smith she replied " I don't know yet..let's see. " Wonder what she meant. But obviously she's rejoicing.
May this case serve her a reminder that she should never go to bars frequented by visiting U.S. servicemen and don't drink too much and dont get so drunk and make sure she knows who she's flirting with.
Actually I don't think that the accused, Lance cpl. Daniel Smith didn't go to the (Nepture) bar with the intention of getting the victim "Nicole" drunk and then raping her. She was already to heavily drunk ( she drank a lot obviously about 6 o 7 drinks, I think) when they met. But the thing is Smith knowing she's drunk already, shouldn't have had sex with her. Her mind wasn't fully straight. Whether she consented to having sex in drunken state or not, still if she was sober, maybe she'd have said no (cos she said she had u.s. serviceman as b/f at that time.) but if she was with her b/f then why drink so much and then be all 'friendly?" And how come the b/f didn't do anything at all? "Nicole" said her u.s. servicemen boyfriend left her. Hmm. Why is the question.
But anyway, you know, it's not like the Smith forced her to drink and then raped her . She came in the van on her own (drunken) volition with the marine(s) and then she claimed rape occured (like I said, nobody really knows what went inside the van). Whether rape occured or not, if foud guilty, one has to serve and suffer the consequences of crime.
So with the guilty verdict, it's kind of sad to see that somebody so young (Smith being 21.. the vicitim is 23) could rot in jail. He looked scared as he was being whisked away by Makati police. He's good looking marine and have whole life ahead him. Perhaps this is his battle. He won't be assigned (anymore) to Iraq or any war torn countries but being soldier, he'd rather be deployed in battle zone and die with princples rather than rot in jail (for the crime he firmly believed he didn't commi..according to him). The young marine is cute. Sweet looking face. And my golly so young. I mean 21 is really just a boy.
I'm sure he's probably saying to himself that he wished he wasnt called to particpate in the military excercise. He would never be in the situation he's dealing right now.
All of the accused were here November of last year via USS essex from Japan for joint military excercise.
*edit... The three Marines who were aquitted went back to Okinawa immediately but I wanted to say, I saw the anger from Chad Carpentier's face as Smith was being led away by the cops. He didn't want to leave him alone as Smith was the baby, being the youngest of the four accused.
"Nicole" said she felt sad seeing Smith in jail. *Snort!* Oh gee now she's feeling sympathetic.
I'm not lawyer, but if I was, I'd represent Smith. Not because he's good looking but perhaps, I believe in him. Okay! Sue me for being unpatriotic to the cause and plight of the complainant.. but perhaps, there's something there that isn't right.
Sources and videos: gma news, inq7 Yahoo/AFP
View more blog related posts:
He said, she said (article and interview)
Accused Marine Daniel Smith speaks out (AP interview)
Interview with the accused (Chad Carpentier)
Subic rape case: four u.s marines charged with rape
Subic rape case may not be a case after all
Military tales, Military woes
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