Subic Rape Victim Retracts Testimonies Against US Marine

Update: Daniel Smith acquitted by CA. News via INQ.

Looking back I would not have agreed to talk with him and dance with him no less than three times if I did not enjoy his company or what at least attracted me to him since I met him for the first time on the dance floor."

With this statement, "Nicole," the Filipina who caused the conviction of a US serviceman in 2006, changed her testimony against Lance Corporal Daniel Smith, hinting that she was not raped by the American.

You can read more from GMA News and see the pieces of her sworn statement retracting her testimonies that Daniel Smith raped her.

She fooled herself and the people who rallied to her cause!

I somehow knew that this was gonna happen. As early as the beginning of the trial, somewhere at the back of mind, the "victim"would someday recant everything that she had accused Lance Corporal Daniel Smith of raping her.

When I blogged about the court's decision (4 accused, 3 were aquitted while main suspect Smith was sentenced) I said that she looks like she could care less about the decision. And she was insincere and phony for saying a lot of things but then going to the jail to visit Smith because she of felt sorry for him.

According to the mom, Nicole left to start a new life and leave everything behind. And this I found ironic.. ..she left for the US! And there was 2 years ago accusing 4 US servicemen of trying to rape her! How was she able to get a visa? Man, that's puzzling.

According to Justice Gonzales “If she just went to Italy may be that would be more illustrative of her feelings against the US. But she did not go to Italy." I don't like that old fart but I will agree with him just this once on the victim going to the US.

Rape is a serious charge. To be raped is traumatic and one should never ever go through that and the derange perverts, rapist, molestors, pedophiles who commits sick acts should be put away for good! However to accused somebody of rape then lie about it, is just as worse. Imagine, somebody accusing you of something you didn't even do?

This from my 2006 blog when an AP correspondent interviewed him.

"I think it's horrible what I've been accused of"

"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,"

"My career and my life in general has come to a screeching halt,"

"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 said (link)

And this from the statement of the Victim..retracting

.... "However…I can’t help but entertain doubts on whether the sequence of events in Subic last November of 2005 really occurred the way the court found them to have happened," she said.

She said that she was continuously being bothered by her conscience.

Yay! And so she left for US!

Imagine that. It's kinda like people rallying against the VFA but then maybe finding out that some of those who are demonstrating have US visas or wanting to visit the US.

One can only shake at people convictions and principles.

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

Daniel Smith back now at the U.S embassy

Fresh news. Lance cpl Daniel Smith was transferred from Makati city jail to the embassy just few minutes ago before midnight. Smith, the U.S. Marine convicted of rape. He's been detained at the Makati jail since last month. His stay there created problems between U.S. and Philippine officials. The rape complainant "Nicole" and her lawyer are opposed to it. And now lawyer is seething mad at this sudden transfer.

*edit.. According to this report Smith's lawyers, the U.S. Embassy and the Philippine departments of justice and foreign affairs have agreed that his detention violates the 1998 Visiting Forces Agreement, which governs the conduct of U.S. troops in the Philippines.

3 U.S. Marines aquitted, 1 found guilty

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

He said, she said

In an exclusive interview, Lance Corporal Daniel Smith, 21, from Thibodaux, Louisiana, told GMA News that he was confident the Philippine court handling the case would acquit him and three other Marines of the rape charges. "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. Click the link above if you want t see the video.

For the complainant's part, click this link

And as he speaks, new batches of US servicemen just arrived from...I forgot (Japan probably). They're now in Subic for a military exercise. There's more coming. R and R for these servicemen are not allowed most likely due to what happened last year. Eh, the Subic rape case scandal, as it ends. The court's decision and verdict next month. I think.

View more blog related posts:
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

Accused Marine Daniel Smith speaks out

Lance cpl Daniel smith, the U.S. Marine accused of raping a Filipina, is telling his side in response to questions submitted through his lawyer by The Associated Press.

What he said...

"I think it's horrible what I've been accused of"

"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,"

"My career and my life in general has come to a screeching halt,"

Well..there's always two sides to the story. That's his side and the complainant, pretty well shielded has had her time in court testifyingto everything that has happened her the night of the alleged rape.

Btw, I hope I won't be condemned by saying this but..... Daniel Smith is a cutie!

Click for more blog related post (since obviously not using Word Press so can't do categories).

Interview with the accused

One of the accused in the Subic rape case..Marine Staff Seargeant Chad Carpentier interviewed by GMA news

Carpentier said it was painful to be branded a rapist and feared that his two children may find it hard to understand what has happened to him.

Admitting that the past eight months had been hard...Smith, who allegedly raped Nicole, was described by Carpentier as “very quiet” and “reserved.”

“He’s just a kid,” he added. “We’re humans, we’re not the monsters we’re made out to be and I think that’s starting to come to light as the trial moves on,” Carpentier said. Carpentier also said he was “not angry” with Nicole because “I know she’s attempted and tried to do what’s right.” He described the complainant as “a victim,” not “of us” but “of some of the people surrounding her.” Carpentier said he had “nothing to hide” and that, on the night of the alleged rape, there was “another person in the van” where the incident supposedly happened – “the Lord.”

Okay..... I'm not sure if that interview has the blessings of the of embassy officials or lawyers for that matter but at least he was able to say what he wanted to say.

Tomorrow the victim 'Nicole' will be testifying. That's gotta be so nerve wracking and scary. But if you got raped you should be prepared to testify and tell all exactly what happened no matter how much painful it is in recalling ugly meories of that rape crime.

Like I keep saying....if guilty...punish. If not ...let go.

Click for more blog related post (since obviously not using Wordpress so can't do categories).

*edit.. Marines attacked by accuser. (10 July). Venting anger so can't really blame her I guess.

Subic rape case hearing

According to US NCIS report- it was "consensual sex"

Naval Criminal Investigation Service agent Guy Papageorge, quoting from his investigation report dated Nov. 9, 2005, said Lance Corporal Daniel Smith "admitted he had sexual intercourse with the Filipino woman inside the van and that the other Marines cheered him on."

Actually the US embassy at first would not allow the other NCIS agents to testify citing something about diplomatic immunity thing.

"Consistent with our commitment to seeing that justice is served in a fair and impartial trial, the government of the United States has agreed to allow several US Government employees to testify at the trial of four US Marines accused of rape…. The US government has waived [the immunity] for the limited purpose of testifying at this trial," the US Embassy said.

Expect three more to testify for the prosecution.

And but so there you go. Daniel Smith had admitted to having had consensual sex with the victim..

But....I'll say it again and again. Going to a bar frequented by US servicemen, it's given thing already that one should expect that there would probably be some kind of sexual thing that would likely happen. She Should have avoided bars like that in the first place. I'm not chastizing the victim nor am I defending the servicemen.

Rape is something else and it's very grave and violates our worth as a human. One shouldn't get away with it..if found guilty.

By the way .... Carpentier, Smith, Silkwood, and Duplantis are members of the 31st Marine Expeditionary Force stationed on the southern Japanese island of Okinawa. They had finished counterterrorism maneuvers with Filipino troops when the alleged rape occurred in a van.

** Related blog topics
Subic rape case: four u.s marines charged with rape
Subic rape case may not be a case after all
Military tales, Military woes

Military tales, military woes

6 US servicemen charged with rape as US military investigates the case

THE United States military is conducting a parallel investigation into the alleged rape of a 22-year-old Filipina by its servicemen last week at the Subic Bay Freeport

Hard to be in the military.....you either get killed by roadside bombing, suicide attack or by accident.. and to think, they're just doing they're jobs or you go to court. Not all are rapist.

Lets hope there's good news for them like troops coming home for Thanksgiving or Christmas.

There are good guys and heroes. Of course the ones that are bad needs to be punished.