Oct 032014
 

http://wikileaks.org/cable/2006/07/06MANILA3176.html#

Reference ID Created Released Classification Origin
06MANILA3176 2006-07-31 00:15 2011-08-30 01:44 UNCLASSIFIED Embassy Manila
VZCZCXRO5105
OO RUEHNH
DE RUEHML #3176 2120015
ZNR UUUUU ZZH
O 310015Z JUL 06
FM AMEMBASSY MANILA
TO RUEHC/SECSTATE WASHDC IMMEDIATE 2232
INFO RUEHNH/AMCONSUL NAHA IMMEDIATE 0027
RHHMUNA/CDRUSPACOM HONOLULU HI IMMEDIATE
RUEKJCS/JOINT STAFF WASHINGTON DC IMMEDIATE
RUEKJCS/SECDEF WASHDC IMMEDIATE
UNCLAS MANILA 003176

SIPDIS

SIPDIS

E.O. 12958: N/A
TAGS: PREL MARR KCRM CASC RP
SUBJECT: MARINE CASE UPDATE 07/31/06

REF: MANILA 3065 AND PREVIOUS

¶1. The trial of four Marines accused of raping a Filipino
woman continued the week of July 24 with medical testimony
from toxicologist Dr. Kenneth Go, who testified that the
complainant was intoxicated on the night of the alleged
incident such that she would not have been able to consent to
sexual activity. Dr. Go also testified that the
complainant’s level of intoxication explained the temporary
black outs she experienced that evening. Defense attorneys
questioned his ability to gauge exactly the alcohol level in
the drinks consumed by the complainant. Upon defense
questioning, he acknowledged that alcohol intoxication can
increase desire for sexual activity as well as impair
judgment.

¶2. In open court on July 25, three Philippine National
Police (PNP) officials took blood from LCpl Daniel Smith in
order to compare it to the unidentified male profile DNA
evidence found on the complainant’s underwear, a process that
may take three weeks to complete. The defense had previously
asked the PNP for copies of both the female (already
identified as the complainant) and the male (unidentified)
DNA profiles found on the underwear. However, Judge Pozon
denied the request.

¶3. The prosecution now expects to rest its case Tuesday
August 1 after the Judge hears its motion to re-install
Starex van driver Timoteo Soriano as one of the accused in
this trial. If the unidentified male DNA profile is matched
to LCpl Smith, it will be marked as evidence without
accompanying testimony to that fact, and be included in the
prosecution’s summary of evidence. There will likely be a
one to two week period to prepare and submit this
documentation, during which time the court will not be in
session.

¶4. The defense attorneys may next submit a “demurral,” which
is a request that the charges against one or all of the
defendants be dropped for lack of evidence. After the judge
rules on a demurral the defense attorneys will proceed with
their cases. It is expected that they will request as
evidence LCpl Smith’s clothes from the night in question, and
will work via the Prosecution and NCIS to get them. They are
still expected to call other U.S. Marines from outside the
Philippines who were present November 1 to testify, but have
not yet done so. We understand at least two of these
individuals are prepared to travel and testify.

¶5. Mission continues to provide security, citizen services,
and other support to the defendants. Personnel from III MEF,
JUSMAG, Regional Security Office (RSO), and the Consular
Section continue to attend all court sessions. RSO remains
pleased with the extent and quality of security support
provided by the mayor’s office and police department. The
Consular Section continues to respond to family member
inquiries.
Kenney

   

 

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