View Full Version : Smith insists on innocence as Nov. 27 nears

11-20-06, 10:47 AM
Smith insists on innocence as Nov. 27 nears

As judgment day on November 27 draws near, US marine Lance Corporal Daniel Smith, the principal accused in the Subic rape case, maintained his defense that he and complainant "Nicole" had consensual sex contrary to allegations.

"It was consensual for the entire night...we were both adults talking with one another...enjoying our night...we both agreed to have sex in my mind...that was consensual," said Smith in an interview aired over ANC's "Talkback."

He added that the complainant was not drunk when she walked into their the van. This, Smith, added, was contrary to her claims that she was "dumped like a pig" after the alleged rape on a pier near the US servicemen's ship, the USS Essex.

"That's another false accusation...she walked out on her own...stepping into the van on her own will," he said.

Staff Sergeant Chad Carpentier, who is also among the accused, denied claims that he and fellow US marines Keith Silkwood and Dominic Duplantis had "cheered" on Smith.

"As far as a cheerleader role, I didn't witness anything to cheer-lead on...or if I witnessed [something], I wouldn't endorse that kind of behavior," said Carpentier.

The accused believe that people around Nicole might have been manipulated her. They added that these people might not have the best interest in mind for the woman.

"As a person, I feel sorry for her in that sense, all of these accusations were not by herself...[these] branched out from there," said Smith.

Carpentier, however, admitted that some actions that took place on Nov. 1, 2005 violated some of the moral standards of the US Marine Corps.

"Some actions that night that go against those very warnings & standards. But at the same time, there was nothing criminally done...that there were some thing against high moral standards of [the] Marine Corps...but nothing near the extent of rape," he said.

Under the custody of the US embassy for over a year now, Smith and Carpentier said they get by with the help of their spiritual counselors and support of their families and friends.

They said that in the end they will be able to overcome.

Smith firmly believes that justice will be served and that the judge handling the case will look their way.

"The strongest defense is truth...I'm pretty sure the judge can see I was telling the truth," he said.

Judge Benjamin Pozon of Makati Regional Trial Court Branch 139 is set to issue the verdict on November 27, exactly a month away from December 27, which marks a year since Nicole’s complaint was elevated to the Olongapo Regional Trial Court.

As stipulated in the RP-US Visiting Forces Agreement, Philippine courts must render a decision on cases against American soldiers within a year after court proceedings begin, or lose the authority to compel the accused to appear in court.