Leader of US marines in rape trial testifies today

S/Sgt Chad Carpentier, one of four American servicemen accused in the politically-charged Subic rape case, takes the witness stand today "without much need to prepare ... not worried about slipping up or being manipulated by the prosecution."

In fact, he and his co-accused look forward to days when there are hearings, he said in an e-mail interview.

"We get to see that this case is moving forward and making progress, and it consumes a good portion of the day which helps time go by faster."

And "finally, that opportunity …for our side to be heard…has arrived," he added.

"I am pleased with the way the proceedings have gone so far. I have been waiting for the opportunity for our side to be heard. We have chosen to refrain from speaking on this case to the media, and allow things to be heard and play out in court, finally that opportunity has arrived."

While on trial, Carpentier and his co-accused marine buddies are on "confinement status" at a U.S. embassy facility, on custodial terms of the Philippine-US Visiting Forces Agreement (VFA).

Hearings on the case are heard every afternoon, except Wednesday, in the sala of Judge Benjamin Pozon of Branch 139 of the Makati Regional Trial Court in Makati City.

Carpentier is the second of the four U.S. marines to testify in the case filed by a Filipina woman identified as "Nicole," who claimed that she was raped on Nov. 1, 2005 while inside a moving van in the former American military base in Subic, Olongapo City.

L/Cpl Daniel Smith, the man accused of directly raping her, was done with his testimony last week in which he claimed that what happened was consensual sex. Nicole testified that Carpentier, Dominic Duplantis and Keith Silkwood reportedly cheered Smith on while raping her. They are considered accessories to the alleged crime.

Carpentier testifies after Nicole and her mother, Suzette Nicolas, left the courtroom in a huff last Thursday, complaining of the incompetence and negligence of the five-man prosecuting team of the Department of Justice (DOJ) assigned to her case. The team is led by Emelie Delos Santos.

The accuser's family has been claiming they were coaxed last month by Delos Santos into settling with the Americans so that the VFA is not jeopardized. Small-crowd rallies near the courtroom building call for the scrapping of the VFA because, as one of their streamers stated, "the rape of Nicole is a rape of the Philippines."

The VFA covers the terms of joint military exercises between the two countries. Carpentier and his co-accused were on shore leave from their ship, the USS Essex, when the alleged rape happened.

Militant supporters of the accuser further put a spin into allegations of offer of settlement by linking it to the visa status in the U.S. of former agriculture undersecretary.

Carpentier disclaims involvement in the reported offer of settlement. "I can assure you they did not originate from the defense, nor will we ever entertain that approach to this case. We did nothing wrong and will not entertain any talk of settlement," he told the PNA.

"The militant groups have turned this into (a) the political and sensational case…. They have tried to make this a case of the U.S. versus RP and that is unfortunate. This case cannot and will not be judged on people's ill feelings for one government or another. It will be judged solely on the basis of truthy."

He added he "would be lying if I said I didn't have a little resentment towards them (militants)."

At the same time, he downgraded Nicole's evaluation of Delos Santos' team as "unfounded and ridiculous" and volunteered the claims are "based on frustration with the fact that our side of the story is finally being heard."

When Smith testified a week ago, he struck those inside the courtroom, including Jesuit priest, Father James Reuter, as cool, collected and coherent.

This riled and demoralized Nicole, her mother, and her private counsel, Atty. Evalyn Ursua, with Nicole later on admitting to reporters that she felt she was losing her case.

According to Carpentier, "Smith's testimony was honest and accurate, that is why it came across as 'cool, collected, and coherent.'"

"That is the difference between a witness that is speaking on the facts and (is) honest, vice someone trying to remember rehearsed testimony," Carpentier continued.

"It was naive and ridiculous for (Nicole) and her mother to think this case could have gone through the judicial process without our side being heard," said Carpentier, the acknowleged leader of the accused.

To Carpentier, it does not matter who composes the DOJ prosecuting team. "You can only make so much of nothing, and this team is trying to do (its) best to make a case where one doesn't exist."

Justice Secretary Raul Gonzales did not replace any member of the team, which was back in harness Monday this week after a recess Friday following caused by Nicole's tantrums.

But as the marines' leader and spokesman, Carpentier said "it tears (him) apart to see and hear the way some people try to portray us."

He said "Smith, Silkwood and Duplantis are just kids, they have there whole life ahead of them. It is devastating to see your name associated with such heinous accusations. We try to remember that the truth will come out and be heard, and our names will eventually be cleared."

"When this case is over," he said, "there will be no winner or loser, because five peoples' (referring to themselves and Nicole) lives will be forever changed by the case."

Now on their more than a half year of confinement inside a U.S. embassy compound, Carpentier said they spend much time reflecting, trying to maintain a positive attitude with the spiritual guidance of Father Reuter and other religious. "I used to ask and wonder how and why od would let this happen to me. However, Father Reuter has taught me that this is just a test from God, and He never lets anything happen that He can't draw some greater good from."

Giving a glimpse of their confinement, Carpentier said their "day-to-day activities are very limited at best. We are indeed in a confinement status so many of the freedoms we would normally enjoy we presently can't." Occasionally, they receive phone calls from family.

Despite his experience, he said he is comforted by the hospitality of the Filipinos and their adherence to justice and fair play.

"People always say to me 'I bet you never want to come back here when this is over', but that couldn't be further from the truth. I look forward to being able to further appreciate things here when I am no longer in a confined status and can further experience the culture," he said.

"This case has not given me a bad taste for the Philippines; I don't blame the Philippines for this happening to me," he concluded. (PNA Features)