3 of 4 US Marines in rape case relegated as accessory
MANILA -- Justice Secretary Raul Gonzalez Sr. on Tuesday downgraded as mere accessory three of the four US servicemen indicted for rape of a 22-year-old Filipino woman in Subic Bay Freeport in November last year while he sustained the charge against Lance Corporal Daniel Smith, being the principal accused.
Gonzalez said in a press briefing that Smith's failure to submit his counter-affidavit to rebut the complaint is a clear indication that he is admitting the charges against him.
He also said charges against Smith's co-accused, Staff Sergeant Chad Carpentier and Lance Corporals Keith Silkwood and Dominic Duplantis should have been dropped except that there was still the unresolved issue raised by the victim that one of them allegedly "cheered" Smith in raping her inside a van.
"Based on my appreciation of evidence, these three people should not be charged with rape because the girl, in all her statements, said she was molested by only one. They have knowledge about what was happening inside the van but they did not do anything," Gonzalez said.
"I should have exonerated them but I was trying to satisfy the mob. The fact that they were there, they have knowledge, and they just abandoned her. One (of the three accessories) also called the girl 'a bitch,' and I didn't like that," he added.
Gonzalez said based on his review of the case, Carpentier, Silkwood, and Duplantis were present when the alleged rape was committed but it does not mean that they participated or conspired with Smith in raping the woman.
Gonzalez was supposed to release his resolution on the petitions for review submitted by the respondents contesting the recommendations of the Olongapo City Prosecutor's Office finding probable cause against them.
His resolution would have modified the findings of Olongapo City Prosecutor Prudencio Jalandoni who indicted all four US Marines as principals.
Van driver Timoteo Soriano was earlier indicted as accessory but the charge against him was dropped later on by Olongapo City Regional Trial Court Judge Renato Dilag.
But Gonzalez said earlier that he would order the reinvestigation of Soriano as well as his reinstatement as one of the respondents in the case, being the driver of the van.
Gonzalez also said he decided to strike out the allegations that there was conspiracy among the four accused soldiers to rape "Nichole," a native of Zamboanga City who was visiting some relatives in Subic when the crime took place.
"There is no conspiracy. All the affidavits submitted by the prosecution are from people who were not present or inside the van," he said.
Smith is facing capital punishment as principal accused while his three co-accused are facing a maximum jail term of 20 years if found guilty.
Under the law, a person charged principally in a rape case is not allowed to post bail but accessories to the crime may do so.
This means that the three accessories to the rape case may leave the premises of the US embassy where they have been under protective custody since the filing of the rape case.
Last March, the case was transferred from the Olongapo to the Makati City RTC in the sala of Judge Benjamin Pozon following the inhibition from the case of Dilag. (ECV/Sunnex)
Gonzalez said in a press briefing that Smith's failure to submit his counter-affidavit to rebut the complaint is a clear indication that he is admitting the charges against him.
He also said charges against Smith's co-accused, Staff Sergeant Chad Carpentier and Lance Corporals Keith Silkwood and Dominic Duplantis should have been dropped except that there was still the unresolved issue raised by the victim that one of them allegedly "cheered" Smith in raping her inside a van.
"Based on my appreciation of evidence, these three people should not be charged with rape because the girl, in all her statements, said she was molested by only one. They have knowledge about what was happening inside the van but they did not do anything," Gonzalez said.
"I should have exonerated them but I was trying to satisfy the mob. The fact that they were there, they have knowledge, and they just abandoned her. One (of the three accessories) also called the girl 'a bitch,' and I didn't like that," he added.
Gonzalez said based on his review of the case, Carpentier, Silkwood, and Duplantis were present when the alleged rape was committed but it does not mean that they participated or conspired with Smith in raping the woman.
Gonzalez was supposed to release his resolution on the petitions for review submitted by the respondents contesting the recommendations of the Olongapo City Prosecutor's Office finding probable cause against them.
His resolution would have modified the findings of Olongapo City Prosecutor Prudencio Jalandoni who indicted all four US Marines as principals.
Van driver Timoteo Soriano was earlier indicted as accessory but the charge against him was dropped later on by Olongapo City Regional Trial Court Judge Renato Dilag.
But Gonzalez said earlier that he would order the reinvestigation of Soriano as well as his reinstatement as one of the respondents in the case, being the driver of the van.
Gonzalez also said he decided to strike out the allegations that there was conspiracy among the four accused soldiers to rape "Nichole," a native of Zamboanga City who was visiting some relatives in Subic when the crime took place.
"There is no conspiracy. All the affidavits submitted by the prosecution are from people who were not present or inside the van," he said.
Smith is facing capital punishment as principal accused while his three co-accused are facing a maximum jail term of 20 years if found guilty.
Under the law, a person charged principally in a rape case is not allowed to post bail but accessories to the crime may do so.
This means that the three accessories to the rape case may leave the premises of the US embassy where they have been under protective custody since the filing of the rape case.
Last March, the case was transferred from the Olongapo to the Makati City RTC in the sala of Judge Benjamin Pozon following the inhibition from the case of Dilag. (ECV/Sunnex)
posted by OlongapoCity Zambales at
7:08 AM
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