justice was not completely served… almost a cop-out.

ayan kasi may bf na eh, ng lalandi pa sa ibang lalaki, tpos ngyn nun may nangyari mgrereklamo ng rape
next time po ingat mga girls: boys + alcohol = bad news
tsaka bakit si smith lang pano un 3 pa at un driver na pinoy
alam naman nya un nangyari d man lang sya ngsumbong(kung rape nga)
dpat un 4 na sundalo at un 1 driver ang dinemanda ni nicole at dpat silang 5 din un makukulong
(opinion lng po ng isang mangmang wag po sana iflame)

opinion ko lang. dapat ipa rape din ang kano sa mga preso sa city jail. tingnan nya lang kung masarap ba ang ma rape. hehehehe

naku etong c nicole, bat sya nagpa lasing, gusto nya ma rape, kung ako yan ni rape ko rin sya.

e sira tong si nicole eh. makipaglasingan ba sa mga kano eh alam naman na ganon sila eh.

c nicole. eh! kasalanan niya yun! she’s proli just pretendin to be raped para sa pera! y would you go with 4 guys you barely know? that’s the question! and sabi nila, there was no evidence of rape! everything was pointing to no rape! gah!

the decision is clearly unjust and intended to appease those leftist women organization which knows nothing better to do than to hate everything american. that decision will definitely be overturned by the higher courts. shame on you judge!

tae si nicole gusto kasi malaki titi kaya hayun kung ayaw nya dapat nong una pa? ginusto rin nya tapos rape hindi na virgin???

Nicole is a typical pinay that would go with the kano and have sex hoping he’ll marry her after and when things don’t turn out the way she hope she scream for bullshit rape story..

popo siguro maliit yong kay smith kaya naasar si nicole ha ha ha

hoi nicole!!!!!!!!feeling moh naman!!!!ayaw mong magpakita sa public kasi pangit ka,,,saka mataba diba??kasi inisip mo na pag nakita ung mukha mo,,sabihin nilang (yuck!!yan ba ung nirape???)hahaha,,wahg kang maoffend nicole ha?totoo naman cguro un!!!!ang gwapo2 ng nangrape sau,,mukha mo tae!!!!nagustuhan mo naman!!!!!!!!hooooooooooo!!!!!!wag ka na!!!!kunwari ka lang,,pannnngggggeeeeeeeeeeeettttttttt

sick.

la ba kau pics ni nicole?

may picture c nicole… gusto nyong makita?
puet ng kalabao kamukha non…

suzzette daw tunay nya pangalan, sa nakita ko sa tv chubby o baboy sya, ewan ko bat nag tsaga c smith sa kanya eh dmi maganda babae sa pinas.

hoy nicole mahiya ka nga..you know the truth sana naman maconsensya ka..ang pangit mo,tska ang guapo ni smith no..yuck!!! your just running after money and you just want to be popular thats why you did that…your not satisfied in one guy, shame on you nicole..

nicole was trying to be a woman in wrong place….

having sex with a woman too drunk to give her full consent is still rape! and to think this guy was being cheered on by the other guys…!!!??? on top of that, to be thrown out of the van like a filthy animal is demeaning to any human being—even if she chose to have a drink with them.

dapat di ka nag pakalasing nicole matanda ka na alam mo naman kung ano kahihinatnan ng ginawa mo nakakahiya ang ginawa mo. di lahat ng tao ay nakuha mo na ang simpatiya marami parin kaming hindi naniniwala saiyo. kung ano man nangyari saiyo ay ikaw ang may kasalanan wag mo ibunton kay smith.
kaya wala tayong turismo sa pilipinas dahil sa mga taong gaya niyo na mapagsamantala kung hindi peperahan ang turista ay kakasuhan naman. sana ay mabuksan ulit ang kaso kung hindi man ay ilipat nalang sa custody ng america si smith.

kung pera lang ang habol mo sana ay sa ibang paraan mo nalang ginawa hindi sa ganitong sinira mo ang buhay ni smith. sana ay matauhan kana. at sa mga taong nagnanais na ma rape din si smith mahiya naman kayo ang daming naitulong ng bansang america para maltratuhin ang tao nila.

oo..suzette nicolas ang pangalan nyan!!lumba2 yan eh..d q alam bat nagustuhan ni smith..tingnan nyo sa friendster..nandun xia!!haha..ung mga gus2ng magwelga dyan laban kay smith..email nyo lang aq..friendsteh_friendsteh@yahoo.com.salamat!!ipaglaban natin ang gawapong papang c smith

PLEASE READ!
nicole, makonsensya ka naman, alam mo kung ano talaga ang tunay na nangyari. alam kong kahiya-hiya kapag umamin kang may kasalanan ka rin, pero lalong mas kahiya-hiya kung patuloy mong itago ang katotohanan! siguro feel na feel mo na nakuha mo ang simpatiya ng masa, well mali ka. yung mga taong nasa paligid mo are just minority groups! maingay nga lang. kailangan pa ngang manuhol para lumampas sila ng limampu na mag rally sa kalye.

at tungkol naman sa mga sumusuportang grupo kay Nicole( suzette nicolas),
lalo na yang GABRIELA, anakpawis and other leftist groups. hoy! tanggalin nyo na yang mga maskarang sinusuot nyo! kunwari pa kayong panig sa hustisya! yon pala’y kaanib ng mga KOMUNISTA!!!! masyado namang bias ang mga sinasabi nyo tungkol sa mga Americano. ang sabihin nyo gusto lang ninyong siraan ang US dahil ito ang strongest protector of democracy. alam kong hindi ninyo goal ang katarungan kundi ang maging bansang kumonista ang Pilipinas. hindi ba kayo nagtataka mga nagbabasa tuwing may konting mali lang ng US rally kaagad ang mga ito, pero nung mag_nuclear test ang north korea nag-rally ba sila para punahin ang bansa iyon? hindi! dahil nga kapwa nila komunista. gusto nilang maging kagaya sa north korea ang pilipinas. kunwari mga human rights protectors! mga hypocrito’t hipocrita! mga NPA! nabasa ko ang mga libro ninyo halataang mga NPA kayo! kung ayaw ninyo ng democrasya edi lumayas kayo sa bansang ito, hindi namin kayo kailangan! manirahan kayo sa north korea and enjoy! that’s all!

may pahabol pa pala ako. PARA SA MGA KAKAMPI NI SMITH at gustong suportahan siya meron akong nakitang site na nagsasabi:
TO ALL THOSE PEOPLE WHO WANTS TO SUPPORT LANCE CORPORAL DANIEL SMITH, YOU CAN CALL OR TEXT OUR HOTLINE NUMBERS 09198353728, 09179016592 AND 8220305.

YOU CAN ALSO SENT DANIEL SMITH EMAILS AT JUSTICE4DAN@HOTMAIL.COM AND JUSTICE_FOR_DAN@YAHOO.COM

WE WILL PRINT ALL YOUR EMAILS AND WE WILL GIVE IT TO DANIEL SMITH.

THANK YOU AND GOD BLESS!
( http://www.tristancafe.com/forum/82177 )

Smith is innocent…Hoy nicole, muka kang pwet ng manok..

dapat kinukul0ng din yan c judge poz0n..mali ung verdict nya eh…may anak siya na babae sabe nia..dyos ko poh…dapat ipaglaban ng america yan eh..

maling2 un ginawa ni judge ..sayang ang kinabukasan ni smith..

Alam nio ba pati c Benjamin Pozon ung judge gusto rin mag pa rape kay US Marine Daniel Smith ?!

kasalanan naman ni nicole yan e..dis oras ng gabi e nasa gimikan pa at tumutungga ng beer.sows!di gawain ng matinong babae yan day!

stop this!!!you’re too rude!!!

A 22 year old woman who is engaged to another is partying in a bar with four Marines (located in a district known for prositution) and is engaging in public lewd behavior and drunkeness… should not be surprised that her actions were interpreted as giving consent to sex. I am not saying she deserved it. What I am saying as that she had the opportunity to decline prior to becoming inebriated, and that by her irrepsonsible actions put herself in the situation. Hundreds (perhaps thousands) of Filipinas are raped and/or betrayed at the hands of Filipinos (in a much more brutal fashion than this) . Nicole was using the sensationalism of this case by turning it into an issue of Philippine sovreignity, and inviting all the leftists to climb aboard. The truth is, she bears much of the responsibilty for what happened to her.

Basta naninawala ako na walang rape na nangyari malandi lang talaga yang si nicole, ‘di nag iisip! hirap kasing paniwalaan.

According to one source, medical reports revealed forcible sex. In short, she was sexually assaulted. Did the prosecution effectively challenge those reports with other medical findings showing the opposite?

..poor smith im sorry pero nakakalungkot naman tingnan ang mga pictures ni “SMITH” na may karatula pa! sana sinabayan din ng picture ni “NICOLE” yan pare fair..PEACE OUT!

ur ryt dude…!y nga naman, a descent gurl barely go w/ some1 she ddnt knw…..tama rin kayo, dapat din i pa raped c pozon kai l/c. daniel smith…..can u tl me the exactly address of makati city jail, so that i can send a letter for daniel smith…..rply on:love_kita_u@yahoo,comty…..God bless daniel smith and shame on u nicole

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Daniel Smith is innocent.
I’m just a super slut..
http://www.justicefordan.blogspot.com/

di naman na rape yan eh. meron bang na-rape sa sumama from one province to another? this leftists are just using her and i hope someone can put her pics.. pangit ba? hehehehe

Suportahan natin si daniel smith…

feeling mo nicole maaawa sau mga tao… bibigyan ka ng mga scholarship, trabaho, bahay at lupa… kapal muka mo… tapos sabihin mo pa gusto mo mag simula ng bagong buhay sa ibang bansa, parinig kapa.. pano hindi ka naka huli ng kano kaya nagwawala ka ngayon.. ano ba ginagawa mo sa subic nag ka-kano hunting???

alam nyo ba guys kapag magiging bias din ang Court of Appeals at ipalabas nila na ni-rape ni smith si Suzette Nicolas, maaaring makulong si Smith sa Muntinlupa. huwag sanang gayahin ng court of appeals si judge benjamin pozon. nakakakita lang ng isang daan na nagrarally para supporta kay nicolas, naniniwala agad na nasa kay nicole ang simpatiya ng masa. tanga talaga tong si pozon!!!!

More stories are coming out and distorting the truth about the case. Nevertheless, it should be good to know the facts before the media and other sensational people completely erase the truth about this case. The findings during interrogation were:
1.) Sex was not just consensual; but ‘Nicole’ offered to have sex with all four Marines for money. The testimony of the other Marines support this, and that they declined because they were repulsed by the idea of sharing a common woman (which would also be a violation of the military hygiene code).
2.) A condom was used; testimony from a convenience store clerk(which was not admitted as evidence by the prosecution) stated that Ms. Suzette Nicolas herself bought the condoms, and was shown on the store security camera making the purchase.
3.) ‘Nicole’ had changed her story quite a few times. Initially she told the US Navy Petty Officer who was with her stepsister that all four Marines took turns raping her. When it was ascertained during the investigation that only Lance Corporal Smith had intercourse with her, she changed her testimony to attest that the three other Marines merely “cheered Smith on” during the alleged sexual assault.
4.) ‘Nicole’ wasn’t thrown from the moving van as she had alleged. She was dropped off at her hotel, and was observed by the late night attendant as “cursing the occupants of the van for not giving her the money they agreed upon”. Once again, this testimony was not admitted as evidence during the pre-trial.
5.) ‘Nicole’ is a known prostitute in Zamboanga city. She has another ‘boyfriend’ who also happens to be a US Marine who is now based in Okinawa, Japan. The reason they’re keeping pictures of her from the press is because she will undoubtedly be recognized by quite a few ‘boyfriends’ of hers who send her money from time to time whenever she writes them letters pleading for monetary support.
6.) US Navy Petty Officer Christopher Mills picked up ‘Nicole’ and her half-sister, Ana Liza from a bar in Zamboanga. He initially invited Ana Liza to come up to Subic with him, but ‘Nicole’ insisted on coming along. Petty Officer Mills then agreed to allow ‘Nicole’ to come along.
7.) ‘Nicole’ refused to return to the hotel with Mills and Ana Liza earlier on in the evening, her exact quote: “I can take care of myself, I’ll be fine with these guys”. Mills and Ana Liza then left her in the company of the four Marines while they returned to their room at the hotel.

With these seven pieces of evidence, it’s not really hard to piece together what really happened that night. The Philippine media never printed the testimony of the four Marines which painted a clear picture of what really transpired on the evening of November 1, 2005. Instead, the Philippine media has unfairly sensationalized the whole case, not using one single fact, but targeting public sympathy to help win the case in favor of Ms. Suzette Nicolas. As for the truth, it needs to be told as a warning to all enlisted personnel out there who can’t keep their zippers up. Semper Fi!

the best thing we can do is to pray nalang that justice will prevail. hindi constitutional justice ha, kundi GODLY JUSTICE! constitutional justice is blind.

TO ALL THOSE PEOPLE WHO WANTS TO SUPPORT LANCE CORPORAL DANIEL SMITH, YOU CAN CALL OR TEXT OUR HOTLINE NUMBERS 09198353728, 09179016592 .

YOU CAN ALSO JOIN THE JUSTICE FOR SMITH

YOU CAN ALSO SENT DANIEL SMITH EMAILS AT JUSTICE4DAN@HOTMAIL.COM AND JUSTICE_FOR_DAN@YAHOO.COM

WE WILL PRINT ALL YOUR EMAILS AND WE WILL GIVE IT TO DANIEL SMITH.

THANK YOU AND GOD BLESS!

naawa me kay daniel smith…..
ihulog si Nicole!!!!!

i am a gal okay..
smith innocent

thats why some boys hates mayabang at malandi na babae
hay naku

support ako kay smith

grabe kayo….all those people above me are sick…i can’t believe you’re all saying the same stupid stuffs. mga tuta ng america…akala nyo kung sino kayo may alam…what’s ur basis for saying that smith is innocent? his angel-like face? Cguro kapag andun kayo sa place ni nicole nung gabing yun, na rape na rin kayo kasi ganyan kayo mag-isip. The court had evidences and i believe even if nicole was “wild” nobody had the right to do that to her and treat her like an animal. I’m totally in shock and disappointed for reading those awful feedbacks. Grabe…

kayong mga anti-smith bago kayo mag-comment maaari bang ipakilala noinyo sa mga tao na Komunista kayo. ang galing ninyong mamintas sa US eh yung mga kapatid ninyong mga NPA na nanununog ng bus, namimilitr manghingi ng revolutionary taxes, nang-rerecruit ng mga kabataan hindi man lang ninyo kayang pintasan. MGA TUTA NG MGA KOMUNISTA!!! ipokrito’t ipokrita!
ang sabihin ninyo inggit kayo sa US dahil alin sa mga dios ninyong sina Mao Zedong, Ho Chi Minh, at si Binibining Jose Maria Sison hindi nakayang lampasan ang America. at tsaka diba bawal sa communist ruile ang mag-rally dahil walang freedom of speech. eh anong ginagawa ninyo sa kalye. gusto ninyo komunista eh gamit kayo ng gamit sa prinsipyong demokrasya. Ipokrito’t ipokita!

NICOLE will you pls stop acting like a decent woman! dahil kung disenteng babae ka hindi ka dapat nakipag lasingan sa mga kano dahil for sure gusto mo rng may mang-yari sa inyo..pina papangit mo ang tingin sa ating mga filipina ng ibang bansa! shame on you! and to those people na nagwewelga pa para kay nicole specially sa GABRIELA hindi porke’t na api ang isang babae kung todo welga kayo sana naman isipin nyo muna mabuti kung karapat dapat ba na suportahan si nicole,we all know that she is not telling the truth!.im not against GABRIELA in fact i am very thankful na my organization na sumusoporta sa mga kababaihan pero sana naman pag aralan nyo mabuti.

Tirada ng mga pokpok!!!
Gabi na kasi nasa club pah!!!!
kung di nga naman tanga
buti nga sayo na rape ka!!!
ang landi mo kasi!!!It is all your fault!!!
kaya mag-dusa ka!!

i feel sorry for smith..
nakakalito kung cnu papaniwalaan..
ayaw daw sya pakasalan kya dinemanda?
not imposible ryt?
kung ako rarapin ni smith papayag ako..hahaha

Why it is that she rather have a male doctor, Dr. Rolando Marfel Ortiz III, do the physical examination and not the female Dr. Estera? Why did she hug Jaime Avila Jr., SBMA bike patrol, and beg not to leave her? She was just raped, right? A “Man” raped her? Was that the reason why the James Gordon Hospital in Olongapo City only produced “STD and Pregnancy Tests” knowing the assailant(s) wearing condom(s)? Where is the BAC test (Blood Alcohol Content)?

Can you rape a unwilling or unconscious female in 10 to 15 minutes? She is wearing a tight denim jeans, plus the condom and what judge Pozon’s “bestial acts” in a tight space such as in the back of the van.

Was it a family vacation or just the two females and two US Marines in a hotel named Grand Leisure Hotel. Why do you think it was called Grand Leisure Hotel? Where is the condom(s) really? In the Van or somebody took it out of the van and say with the help of Joseph Khonghun and Maria Fe Castro testimonies. I saw it in the news, Ces Drillon was even touch it with a pen to show to the TV views “the condom”.

With her pants down to her knees how can she be raped? You can’t spread your legs!!!! One of her pants leg should be off if it was supposed to be “a quickie” or “one night stand”. Remember it happened in 10 to 15 minutes as stated in the affidavits.

Feliciano Salonga, chair of SBMA told GMA television news that the woman was hysterical….without clothes except panties. “We gave her a pair of pants to cover herself”, he said. It was dated last November 5, 2005

The evidence is strong against the 6 American servicemen accused of gang-raping a 22 year old Filipina. There was obviously no conscent, Zosimo Paredes, executive director of the Presidential Commission on the Visiting Force Agreement said. SBMA administrator Armand Arreza told INQ7.net in a phone interview Friday that there were witnesses, including the Filipino driver of a rented van where the alleged rape took place. A condom was even found inside the van, said Arreza. The SBMA is extending legal and even accommodation assistance to the woman, who is from Zamboanga and just spending a vacation in Subic, said Arreza. She met the Americans who invited her to go with them in a rented van. A few hours later, witness said they saw the woman being dumped unconscious from a van on a road, the SBMA said in a statemetn. The woman is said to be from a well-off family in the southern Philippine province, said a foreign affairs official who asked not to be named. - INQ7.net First posted 02:25pm Nov. 4, 2005

First posted 06:12am (Mla time) Nov 07, 2005
By Tonette Orejas, Ansbert Joaquin
Inquirer News Service

Editor’s Note: Published on page A4 of the Nov. 7, 2005 issue of the Philippine Daily Inquirer
[Editor's Note: Timeline as narrated by Zambales Representative Milagros Magsaysay based on interviews with the victim, her stepsister, the driver of the Starex van and eight witnesses]
NOV. 1
9 p.m.
The victim, her stepsister and the latter’s boyfriend, Christopher James Mills, go to Neptune bar. Victim dances with US soldier surnamed Reynolds. This man is later mistakenly questioned as a suspect. (The driver fails to recognize him as one of the men who rode in the Starex van. Later, the US Marines’ logbook shows Reynolds returning to the USS Essex at 9:30 p.m. Investigators find no reason to detain him).
About 10 p.m. Grand Leisure Hotel
Stepsister invites victim to return to Grand Leisure Hotel where they are staying. Hotel is less than a km north of Neptune . The victim prefers to stay longer at the bar and her stepsister leaves her there. Later, Mills volunteers to look for the victim but fails to find her.
10 p.m. Aresi Restaurant
Driver and a US Marine surnamed Carpenter dine at Aresi Restaurant, less than 1 km north of Neptune . Four servicemen call to tell Carpenter and driver to go to Neptune . (Driver says he has been driving for three servicemen for a week. He identifies the two others as Smith and Boris).
10:30 p.m. Neptune with Dewey Avenue street post
The group gathers at Neptune . Soldiers order driver to go inside the bar. He is given a bottle of beer. About 15 to 20 minutes later, driver is told to prepare the van as they are leaving. The five men and the victim ride the van. Driver says he is not sure if victim is lucid at this point. Driver is instructed to go around Dewey Avenue .
As van travels this route, Carpenter shouts: “Go, go, Smith.” The three men take turns shouting “F**k! F**k!” The three men stand on their knees, their backs to the driver. Driver says the group did not take turns raping the victim. Driver tries to switch on the light inside the van. Carpenter stops him. Carpenter instead turns up the radio louder. The incident takes 10 to 20 minutes.
The Starex van stops somewhere along Alava Pier and there unloads the girl. Driver says victim’s pants lowered to her knees.
11:15 p.m. Subic Telecom-Subic Chamber of Commerce offices
Eight people are at the Alava Pier, between the Subic Telecom and Subic Chamber of Commerce offices, to watch US soldiers return to the ship (this is a practice by locals during the years when the US Navy was still at Subic until 1992). They say a Starex van pulled over and a black man alighted and sat on the pavement. Two Caucasians emerge later carrying the victim, by her hands and feet, as if she were a pig (”parang baboy”). The victim has her shirt and underwear on. Another Caucasian emerges from the van, throws away the remaining beer in a bottle. He rolls the bottle in the direction of the victim. He gets in the van and throws a pair of pants the victim’s way.
The eight witnesses get near the victim. They say she looks “groggy.” A condom is hanging from her underwear while a trip ticket falls on the pavement. The ticket belongs to Star Ways Tours and Travel owned by one George Day at Clark . Witnesses call an SBMA mobile patrol to report a “possible rape.” They fetch victim’s stepsister at the hotel.
NOV. 2
2 a.m.
Victim is taken to James Gordon Hospital in Olongapo City , just outside the freeport , for a medico-legal test. The last thing she remembers is she felt dizzy at Neptune .
” Liberty ” or recreation time for US troops ends.
6 a.m.
The search for suspects ends after they are presented in a lineup before the van driver.
9 a.m. Alava Pier
USS Essex leaves Alava Pier.
11 a.m. LED office
US Naval Intelligence Service (NIS) begins investigation, gets statements from victim, driver and eight witnesses at the SBMA’s law enforcement department (LED).
Victim tells investigators that the last thing she remembers is she felt dizzy at Neptune bar.
NOV. 3
US NIS presents five suspects to SBMA Chair Feliciano Salonga and Administrator Armand Arreza.
2:30 p.m.
A complaint for rape is filed against the suspects before the Olongapo City prosecutor’s office.

While the lawyers from the defense and the prosecution were slugging it out in Wednesday’s preliminary investigation of the rape case against six US servicemen, Suzette tried to recant her statement that she was raped. Two officials of the Department of Justice who requested anonymity said the victim had wanted to meet with Justice Sec. Raul Gonzalez Sr. to swear a supplemental complain affidavit contrary to her rape complaint. The victim initially said she was gang-raped by six US Marines. The DOJ officials said the victim maintained that what she last knew was that she was just being kissed by one of the six accused and she wanted the part in her testimony that she had been raped to be stricken out. The truth is the victim intends to recant the rape charges. Her recantation is that, what she remembers is that she was being kissed. She wants to delete the element of rape in her original complaint-affidavit. She wanted to swear out her statement on the rape portion. Gonzalez on Tuesday turned down the request of the victim accompanied by lawyer Minerva Ambrosio because he said he did not want to be accused of being biased for any of the parties in the case. When the DOJ chief refused to meet them, the victim and her lawyer went to the office of Chief State Prosecutor Jovencito Zuno and State Prosecutor Lilian Alejo to subscribe her withdrawal. If the portion, the rape allegation is deleted, the case is dead. It will be lessened to sexual abuse or sexual molestation, the DOJ officials said. Maria Fe Castro said in her sworn statement that she personally saw two of the apparently drunk US Marines carrying the panty-clad victim like a pig and dropped her body from the van to a grassy portion of the Subic Bay Freeport’s parking lot along Waterfront Road . Sunstar November 24, 2005

Jaime Avila Jr., a member of the SBMA bike patrol, said he spotted the condom on the ground not far from the spot where he saw Suzette weeping and embracing his fellow security officer, Noele Paule, at around 12:15am of Nov. 2, 2005, near the Telecom Building of Waterfront Road . There was a possibility that the woman was molested, according to the bystanders who saw her being unloaded from the van. I inspected the place and saw a possible piece of evidence, Avila said. He wrapped the condom in a piece of paper, put it in his pocket, and later turned it over to the SBMA Intelligence and Investigation Office. Close to where he had found Nicole, Paule picked up a trip ticket on which was written Starex van and the company name Starways Transport Service Inc. In her complaint, she accused Smith of raping her at around 11:30 pm on Nov. 1, 2005 while Carpentier, Silkwood, and Duplantis egged him on. Gerald Muyot, a security guard at the Neptune Bar, led a demonstration of how Daniel Smith supposedly loaded a barely conscious Suzette onto the van. Muyot had testified to seeing Smith carrying a drunken Nicole piggyback as they made their way out of the Neptune between 11:00 pm and 11:30 pm on Nov. 1, 2005. Published on page A1 June 10, 2006 Philippine Daily Inquirer

Wycoco said that the condom that was found inside the van used where the supposed rape took place, was not included in the evidence to be examined by the Bureau as it already yielded a negative result from a test conducted by the Philippine National Police. He says that it takes about two weeks before the results of the DNA test is known. The Manila Bulletin Nov. 15, 2005

The six Marines were charged with rape before the Olongapo City Prosecutor’s Office Thursday. The victims said the Americans took turns in raping her inside the van they had rented before leaving her unconsciously by the roadside. Van driver Timoteo Soriano has also submitted a sworn statement corroborating the victim’s claims that she was forcibly taken by the six servicemen. Manila Standard Today November 7, 2005

Two officials of DOJ requesting anonymity confirmed reports Wednesday that she want to recant her charges that she was raped. What she remembers is that she was being kissed. She wants to delete the element of rape in her original complaint-affidavit. She was with her lawyer Minerva Ambrosio. The alleged victim, Ambrosio and her other lawyer Katrina Legarda were absent in the preliminary hearing at the Olongapo Prosecutor’s Office. Maria Sheila Bazar, appearing as lead counsel for the victim, said they would no longer present the victim to shield her from further embarrassment. Castro in her sworn statement said she saw two of the apparently drunk US Marines carrying the victim, who was clad only in her panties, like a pig and dropped her body from the van to a grassy portion of the Subic Bay Freeport’s parking lot along Waterfront Road . Malaya November 24, 2005

The NBI chief said the bureau will not conduct a laboratory test on the condom which was found at the Hyundai Starex sports utility van where the suspects raped the victim. Unless the victim’s lawyers ask the NBI to do that. Right now we haven’t received any request, said Wycoco. Initial medical test conducted at the James Gordon Memorial Hospital in Olongapo City showed that the victim had a number of cuts in her genitals but was negative for sperm. Reports showed that the victim came from Zamboanga with her step-sister to meet the latter’s boyfriend, who was among those who participated in the joint military exercise. Manila Standard Today Nov. 15, 2005

A single condom was found in the van, and the police said this would be used to obtain DNA information to identify who used it. Yesterday, Rep. Milagros Magsaysay of Zambales said the American authorities had already conducted their own investigation and had left behind the six servicemen. She added that there were eight witness who identified the suspects. The driver, Timoteo Soriano Jr., retracted his statement in a TV interview, saying it was take under duress. Assistant Prosecutor Raymond Viray said Soriano may face perjury charges if he retracts his statement. Manila Standard Today November 09, 2005

1. A used condom found inside the Starex van where six US Marines allegedly gang raped a 22 year old Filipino woman last Nov. 1 will be used by government prosecutors as evidence against the servicemen. ”We have evidence…we will pursue this case and we will not let them get away with their crime,” said a ranking official from the Department of Foreign Affairs who asked not to be named. A report submitted by the Presidential Commission on the VFA to the Palace said investigators will conduct DNA tests on the condom to determine which among the six suspects – not five as earlier reported – had used it. The report also said the driver of the van has agreed to testify against the US soldiers. “I saw how those US Marines mercilessly raped the girl inside the van. It was really horrible,” the driver, Timoteo Soriano, said in a sworn statement. He added that while he was driving the rented blue Starex van, he heard the US Marines shouting, “Go, go Smith..go!” The victims, who reportedly comes from a wealthy Zamboanga family, has filed a case before the Olongapo prosecutor’s office against US servicemen Keith Silkwood, Daniel Smith, Albert Lara, Dominic Duplantis , Corey Barris and Chad Carpentier. Records show that medico-legal officer Dr. Rolando Ortiz II conducted the medical examination on the victim before the rape case was filed. Ortiz said the victim sustained bruises and contusions in several parts of her body and probable penetration in her sex organ. He declined, however to offer a professional opinion until he is called to testify in court. The alleged rape took place on Nov. 1 following joint military exercises in Subic . The SBMA said the alleged victim had been visiting a karaoke bar when she met the Americans, who invited her to go with them in a rented van. A few hours later, witnesses said they saw the woman being dumped unconscious from a van on a road, the authority said in a statement. Manila Standard Today Nov. 5-6, 2005

Subic rape victim tells of incident Nov. 28, 2005 Malou Dungog
OLONGAPO CITY — The controversy sparked by the Nov. 1 rape case of a Filipino girl by six United States servicemen continue as the next preliminary investigation will be heard Nov. 29.
The victim, a native of Zamboanga City and manager of a Food Haus in Southern Command, Zamboanga City came to Subic Bay on Oct. 30 on board a Honda Civic, which she and siblings rented in Manila .
In her statement executed before Administering Officer on Nov. 2, the victim said she arrived from Zamboanga to Manila and from there rented a car to Subic Bay with siblings Anna Liza (24); Ma. Carmela, 12; Ricsan, 24; and Ryan, 23. They checked in at Grand Leisure Hotel reserved by a friend, a certain Chris Mills from USS Stockholm.
On the night of the same date, the siblings went to dinner at a restaurant here with a certain Carlos Ocacio, another US serviceman, go bar-hopping to different entertainment facilities at about 10:30 until past 11 p.m. at Neptune Club then returned to the hotel to retire for the evening.

Now, Suzette S. Nicolas… how did you get to Subic????

Who is Joseph Khonghun? He is the brother of the mayor of Subic.

Filipino businessman Joseph Khonghun, testified Thursday that he was the Marines leaving the van their warship in the former Subic Bay Naval Base, and in court identified Smith and Silkwood as the ones who carried her from the van to the pavement. “She was sitting on the pavement trying to reach her pants,” Khonghun said. “The pants were below her knees.” After the Marine left, a male bystander helped to her feet. Khonghun said a woman who was with him, Maria Fe Castro, noticed something dangling from the other woman’s panties, pulled it out and saw it was a condom. June 8, 2006 Associated Press

Per Randy Escolango, a lawyer for the woman’s family, that seven new witnesses would describe the gruesome ordeal. They are prepared to testify that the woman was dragged like a pig into the van and later dropped off from the vehicle after the allege crime, he said. They would also testify that they saw the Marine quickly board a US naval ship docked at Subic after the incident. First posted Nov. 16, 2005 Subic , Agence France Presse.

DNA in underwear matches Philippines rape victim
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July 19, 2006

Dr. Francisco Supe Jr., a forensic analyst from the DNA Analysis Section of the Philippine National Police (PNP) Crime Laboratory, took the stand and disclosed in court for the first time that DNA was present in two pieces of evidence. According to Supe, DNA of complainant “Nicole” was found in samples of “biological fluid” found on the panties she was wearing on the night of Nov. 1, 2005 and in the condom purportedly used by accused Lance Corporal Daniel Smith in committing the alleged rape.

The used condom was retrieved at Subic’s Alava Pier where a distraught Nicole was found after the alleged rape.

“The condom and the underwear had female DNA, and they matched. They are the same DNA profiles … which means they most likely belong to the same person,” the expert witness said during direct examination by State Prosecutor Hazel Valdez.

Only Nicole’s underwear tested positive for male DNA—a result that Supe attributed to the possible “degradation” of bodily fluids on the condom to “environmental insults, particularly the humid condition, bacterial factors that may have contaminated it … and the enzyme inside DNA which destroys it when functioning outside a living system.”

In reply to Valdez’s question, Supe said that while it was possible that the evidence had not been handled properly before the turnover, he said the condom and the panties were not contaminated as they still yielded DNA samples.

Upon Valdez’s questioning, Supe related how analysts came to match the female DNA found in both specimens with that of the complainant.

He said Nicole’s DNA, extracted from a blood sample that she had voluntarily provided, was the same as that found in the panties and the condom.

“I am comparing now, and it appears that they match exactly — the DNA profiles generated from the blood sample and the samples generated from the condom and the underwear,” said Supe, referring to two DNA test results he was holding.

Valdez then sought Supe’s expertise on the possible indications of the presence of male DNA in a woman’s underwear, and asked him its possible source.

Supe replied: “We’re dealing here with a [pair of panties] and you would think of areas that come in contact with a panty… The most probable source is either saliva or seminal stains. But if you go by logic, I don’t see any reason why anybody would lick a panty.” While the test may lead experts to areas where DNA can be extracted, it cannot specify which part of the body the spots came from, Supe had explained.

Supe said the owner of the male DNA could not be identified as yet, as the crime laboratory lacked a sample with which to compare the results. None of the accused—-Smith, Lance Corporals Keith Silkwood and Dominic Duplantis, and Staff Sgt. Chad Carpentier—had submitted his specimen for DNA testing. The prosecution panel had filed a motion on July 17, asking the court to compel the accused to submit blood samples for comparison with the male DNA found in Nicole’s panties. Defense lawyers told the court that they would file their reply on July 20.

In response to the question on how could a female’s DNA be in a used condom, Supe replied: “The most plausible is that the inside of the condom came in contact with [Nicole]… Maybe that part of the condom was rubbed with [Nicole],” he said. “Most likely it came in contact with the genital area, [but it] was turned inside out most likely, such that the [DNA] specimen was preserved.”

When asked to demonstrate how a condom could have been reversed, Supe had apparently anticipated the question and brought a condom. He then demonstrated how a condom could have been turned inside out in the act of removing it.

Defense lawyer Jose Justiniano said Supe’s testimony did not help prove rape. He said the presence of the male and female DNA in the specimen could at most prove that a man and a woman had sex, not whether or not there was “a presence of force or intimidation,”

This case has garnered nationwide attention in Philippines because it involves US military men stationed in Philippines. As required by the Visiting Forces Agreement, the case has to be resolved within one year.

Cross-examination of Supe is scheduled for Thursday, July 20.

Alleged Rape Victim In U.S. Marine Case Insists On Replacing Prosecutors

Komfie Manalo - All Headline News Foreign Correspondent
Manila, Philippines (AHN) - The Filipino complainant in the Subic rape case and her mother insisted on replacing the panel of prosecutors on Wednesday, even as the trial nears its conclusion.

The insistence of “Nicole” and her mother to replace their lawyers highlights the off-court conflict between the complainant and the chief prosecutor of the case. The issues began when the alleged victim accused her government lawyers of a lop-sided performance during the cross-examinations of the four American suspects.

On Wednesday, Nicole, the court-appointed name for the victim, told the justice department how, as early as July, Senior State Prosecutor Emilie Fe de los Santos, purportedly pushed for a settlement of the case against the complainant’s wish.

In an affidavit, the victim’s mother said De los Santos had once conceded ”we cannot do anything if they call up the judge” to secure the acquittal of the four accused U.S. Marines.

She wrote in her affidavit, “De los Santos told me that the family of the accused already agreed for a settlement. She told me that since my daughter no longer wants to return to Zamboanga, my children need to move to a new place.

“She told us to write whatever we want. My daughter and my other children can be granted permanent status while me and Ana (Nicole’s stepsister) can be given a multiple entry visa.”

Nicole, 22, has accused Lance Corporal Daniel Smith, of St. Louis, of raping her in a van on November 1 at the Subic Bay freeport, a former U.S. Naval base, while three other Marines cheered him on. If convicted, all four face a maximum of 40 years in jail.

See how the often they changed lawyers??? Change lawyer, change venue = different version, smoother version. Practice makes perfect, you know?

Gerald Muyot, who was posted outside the Neptune at around the same time, told the court that he saw an American carrying a very drunk Nicole piggyback on his way out of the bar and loading her into a green Starex van. “The American said, She’s with me, we’re gonna go now” Muyot testified, adding: “I became suspicious because he told me that when I wasn’t even asking him – and why would he say that to me? That’s why I took a piece of paper from my wallet and took note of the van’s plate number.” Muyot said that at around 2:45 am of Nov. 2 or a few hours after he saw the American load the drunken woman into the van, a mobile patrol car arrived in front of the Neptune . He said the same woman he had seen in the arms of the American, whom he later identified as Smith, alighted and asked security guards if there were any other US servicemen inside the bar. “She said the men did something bad to her and she wanted to see if there were any other US Marines inside. So I escorted her inside the club, but when she saw that there were no other Marines there, she left.” Muyot said. First posted 01:03 am Published on page A1 June 3, 2006 Philippine Daily Inquirer

June 8, 2006 Associated Press

Filipino businessman Joseph Khonghun, testified Thursday that he was the Marines leaving the van their warship in the former Subic Bay Naval Base, and in court identified Smith and Silkwood as the ones who carried her from the van to the pavement. “She was sitting on the pavement trying to reach her pants,” Khonghun said. “The pants were below her knees.” After the Marine left, a male bystander helped to her feet. Khonghun said a woman who was with him, Maria Fe Castro, noticed something dangling from the other woman’s panties, pulled it out and saw it was a condom.

Gerald Muyot failed to record in his logbook the unusual event he noticed while manning his post on the evening of Nov. 1, even while he managed to jot them down on a small piece of paper. He showed the court how Lance Cpl. Daniel Smith carried the drunk victim on his back and load her onto the Starex van.

Earlier on Monday, Gerald Muyot, a security guard of Neptune Bar reiterated his testimony in cross-examination about seeing Smith carrying the drunk and unconscious woman on his back and bringing her to the van. First posted 04:19 pm June 05, 2006 INQ.net Associated Press

Was Suzette S. Nicolas dragged like a pig, carried like a pig, piggy back like a pig, forced her in the van or simply walked with the US Marines and got in the van?

Per Randy Escolango, a lawyer for the woman’s family, that seven new witnesses would describe the gruesome ordeal. They are prepared to testify that the woman was dragged like a pig into the van and later dropped off from the vehicle after the allege crime, he said. They would also testify that they saw the Marine quickly board a US naval ship docked at Subic after the incident. First posted Nov. 16, 2005 Subic, Agence France Presse.

Gerald Muyot failed to record in his logbook the unusual event he noticed while manning his post on the evening of Nov. 1, even while he managed to jot them down on a small piece of paper. He showed the court how Lance Cpl. Daniel Smith carried the drunk victim on his back and load her onto the Starex van.

Earlier on Monday, Gerald Muyot, a security guard of Neptune Bar reiterated his testimony in cross-examination about seeing Smith carrying the drunk and unconscious woman on his back and bringing her to the van. First posted 04:19 pm June 05, 2006 INQ.net Associated Press

Nov. 6, van driver Timoteo Serrano Jr. plans to recant his testimony, claiming it was made under duress. He said one of the soldiers had sex with the woman while he was driving. The woman was dropped off after 15 minutes. The Philippine Star Nov. 06, 2005

Suzette, Smith and four other US servicemen came out of the bar, walked to his van, and asked him to drive them. Asked if she was drunk, he said in Filipino she was walking straight when she left the bar. As they were getting off, one of the soldiers said I’m done. The four Americans got off first. Then I saw the girl’s trousers were down but she was still wearing her shirt. The Americans helped her draw up her pants and then they all left the van. Asked if she was crying, Soriano said she was not. Published on page A2 of the Nov. 13, 2005, Philippine Daily Inquirer

Subic van driver says there was no rape. There was no truth to the claim that Smith carried Suzette on his back from Neptune Club’s door and loaded her into the van. She got into the van willingly when I opened the door. However, it was true she was left in the club’s parking lot with her pants pulled down after she was carried out of the van. The Philippine Star December 1, 2006

A few hours later, witnesses said they saw the woman being dumped unconscious from a van on a road, the SBMA administrator Armand Arreza told INQ7.net in a phone interview Friday. INQ7.net First posted 02:25 pm Nov. 04, 2