On the Subic Rape Case
Smith Guilty, 3 other U.S. Marines Acquitted!

BY BULATLAT
Posted 2:45 p.m., Dec. 4, 2006  

After more than a year of Nicole’s ordeal, Judge Benjamin Pozon of Branch 139 of the Makati Regional Trial Court found Lance Corporal Daniel Smith guilty of raping Nicole; sentenced him to reclusion perpetua; and committed him temporarily to the Makati City Jail while waiting for the final resolution of any appeal which may be filed by the defense.  Pursuant to the Visiting Forces Agreement, the Philippine and U.S. governments are supposed to decide where Smith will be serving his sentence. 

 Smith’s co-accused, Lance Corporals Dominic Duplantis and Keith Silkwood and Staff Sergeant Chad Carpentier were acquitted.  Judge Pozon concluded that the prosecution failed to prove that the three other accused had participated in the planning and commission of the rape on Nicole.

 Evalyn Ursua, private prosecutor, hailed the decision, praised Judge Pozon for his independence, and admitted to the limitations of the evidence against the three other accused.  On the other hand, Ricardo Diaz, one of Smith’s counsels, said that they have already filed a notice of appeal to the Court of Appeals.  He also questioned the decision of Judge Pozon to commit Smith to the Makati City Jail.  He claimed that the case is still not yet finally resolved and thus, Smith should still be confined at the U.S. embassy.

 Nicole said she is happy with the conviction of Smith and is sad that the three other accused were acquitted. When asked about her reaction to the appeal, she said that it was expected.

 Meanwhile, there was jubilation among the ralliers outside the court comprised by GABRIELA, Task Force Subic Rape, Bagong Alyansang Makabayan, among others. Rep. Liza Masa of GABRIELA Women’s Party said that the decision is a “partial victory for women and the Filipino people” and that the Arroyo government should have the political will to take custody of Smith. Bulatlat

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