Nicole's mom insists prosecutor offered 'new life in US' for them
MANILA -- The lead prosecutor handling the Subic rape case has promised a new life in America for Nicole and her family if she will agree to a compromise settlement of the case.
In a sworn statement submitted to Justice Secretary Raul Gonzalez Jr., Nicole's mother said Senior State Prosecutor Emilie Fe delos Santos invited her to a meeting in a coffee shop in Makati last July 17 at 5 p.m. to discuss the proposed settlement.
In a letter, Nicole, who was allegedly raped by four US servicemen, appealed Wednesday to the justice department to replace a team of government prosecutors handling the case, which the justice secretary refused.
The affidavit of Nicole's mother and brother detailing the alleged attempts to settle the case out of court were attached in her letter request to replace the government prosecutors assigned to her case.
The affidavit has been turned over to the National Bureau of Investigation (NBI), which was tasked to look into allegations that the prosecutors had offered to settle the rape case against the US Marines in exchange for the freedom of former agriculture undersecretary Jocelyn "Joc-Joc" Bolante.
Bolante, alleged architect of the P728 million fertilizer fund scam, is currently detained in the US in connection with his cancelled B1-B2 visa.
During that meeting, delos Santos supposedly told the complainant's mother that the family of the four accused US servicemen have agreed to a settlement.
The state prosecutor reminded her about Nicole's testimony in open court that because of the rape, she's ashamed of going back to Zamboanga City and she wanted to reside in another place.
She further narrated that delos Santos persuaded her to name a sum of money, which her family could use should they decide to migrate to the US to start anew.
She also said delos Santos further told her that they should agree to settle before US authorities put in the pressure in exchange for Bolante's freedom.
When she asked if other members of the prosecution panel knew of the proposed "amicable settlement" of delos Santos, the mother said no and saying she was the only one privy to it.
Last July 28, delos Santos again called her up and told her to immediately apply for a US visa at the embassy to expedite the processing of her immigration papers.
She said she decided not to tell her daughter about the meeting for fear that it might dishearten her.
Last Sept. 11, when principal accused Lance Corporal Daniel Smith was to be cross-examined by the prosecution, she asked delos Santos to allow private counsel Evalyn Ursua to cross-examine him but the lead counsel refused and told her that it was the instruction of Chief State Prosecutor Jovencito Zuño.
Their dissatisfaction with the performance of the panel prompted the complainant's camp to ask the justice office to replace the members of the panel except for State Prosecutor Hazel Valdez but Gonzalez rejected it.
The justice department likewise denied forging any agreement to settle the rape case against the four US Marines -- Smith, Chad Carpentier, Dominic Duplantis and Keith Silkwood -- adding that some anti-administration groups such as Gabriela may have been "peddling lies" to the family of Nicole to inflame the situation.
Gonzalez earlier ordered the NBI to look into the allegations of a trade-in of the case for Bolante's release to erase the negative public perception generated by the dispute between the complainant and the state prosecutors.
Among those covered by the investigation were Nicole's mother and brother as well as the five-member panel led by delos Santos and public counsels Valdez, State Prosecutors Noli Quiambao, Elizabeth Berdal and Lagrimas Agaran. (Sunnex)
In a sworn statement submitted to Justice Secretary Raul Gonzalez Jr., Nicole's mother said Senior State Prosecutor Emilie Fe delos Santos invited her to a meeting in a coffee shop in Makati last July 17 at 5 p.m. to discuss the proposed settlement.
In a letter, Nicole, who was allegedly raped by four US servicemen, appealed Wednesday to the justice department to replace a team of government prosecutors handling the case, which the justice secretary refused.
The affidavit of Nicole's mother and brother detailing the alleged attempts to settle the case out of court were attached in her letter request to replace the government prosecutors assigned to her case.
The affidavit has been turned over to the National Bureau of Investigation (NBI), which was tasked to look into allegations that the prosecutors had offered to settle the rape case against the US Marines in exchange for the freedom of former agriculture undersecretary Jocelyn "Joc-Joc" Bolante.
Bolante, alleged architect of the P728 million fertilizer fund scam, is currently detained in the US in connection with his cancelled B1-B2 visa.
During that meeting, delos Santos supposedly told the complainant's mother that the family of the four accused US servicemen have agreed to a settlement.
The state prosecutor reminded her about Nicole's testimony in open court that because of the rape, she's ashamed of going back to Zamboanga City and she wanted to reside in another place.
She further narrated that delos Santos persuaded her to name a sum of money, which her family could use should they decide to migrate to the US to start anew.
She also said delos Santos further told her that they should agree to settle before US authorities put in the pressure in exchange for Bolante's freedom.
When she asked if other members of the prosecution panel knew of the proposed "amicable settlement" of delos Santos, the mother said no and saying she was the only one privy to it.
Last July 28, delos Santos again called her up and told her to immediately apply for a US visa at the embassy to expedite the processing of her immigration papers.
She said she decided not to tell her daughter about the meeting for fear that it might dishearten her.
Last Sept. 11, when principal accused Lance Corporal Daniel Smith was to be cross-examined by the prosecution, she asked delos Santos to allow private counsel Evalyn Ursua to cross-examine him but the lead counsel refused and told her that it was the instruction of Chief State Prosecutor Jovencito Zuño.
Their dissatisfaction with the performance of the panel prompted the complainant's camp to ask the justice office to replace the members of the panel except for State Prosecutor Hazel Valdez but Gonzalez rejected it.
The justice department likewise denied forging any agreement to settle the rape case against the four US Marines -- Smith, Chad Carpentier, Dominic Duplantis and Keith Silkwood -- adding that some anti-administration groups such as Gabriela may have been "peddling lies" to the family of Nicole to inflame the situation.
Gonzalez earlier ordered the NBI to look into the allegations of a trade-in of the case for Bolante's release to erase the negative public perception generated by the dispute between the complainant and the state prosecutors.
Among those covered by the investigation were Nicole's mother and brother as well as the five-member panel led by delos Santos and public counsels Valdez, State Prosecutors Noli Quiambao, Elizabeth Berdal and Lagrimas Agaran. (Sunnex)
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