thedrifter
12-14-06, 10:47 AM
December 14, 2006
Marine’s lawyers appeal Philippine judge’s custody rule
The Associated Press
MANILA, Philippines — Lawyers for a U.S. Marine convicted of raping a Filipino woman asked a Philippine court on Thursday to transfer him to American custody during his appeal.
Lance Cpl. Daniel Smith’s lawyers filed the motion with the Court of Appeals a day after Judge Benjamin Pozon of the Makati Regional Trial Court denied a joint U.S.-Philippine request to have Smith placed at the U.S. Embassy.
Pozon ordered Smith to remain in a Manila jail, saying that because Smith had been convicted, he was no longer covered by a provision of a bilateral military pact that U.S. servicemen accused of crimes could be held by U.S. authorities until all judicial proceedings are completed.
Smith, 21, of St. Louis, was convicted and sentenced Dec. 4 to 40 years in prison.
“We believe [the judge] committed a grave abuse of discretion when he denied our motion because he applied the wrong provision,” said Jose Justiniano, Smith’s lawyer.
He said Smith’s appeal of his conviction was part of court procedures and he “should remain with the U.S. government pending completion of all judicial proceedings.”
Ellie
Marine’s lawyers appeal Philippine judge’s custody rule
The Associated Press
MANILA, Philippines — Lawyers for a U.S. Marine convicted of raping a Filipino woman asked a Philippine court on Thursday to transfer him to American custody during his appeal.
Lance Cpl. Daniel Smith’s lawyers filed the motion with the Court of Appeals a day after Judge Benjamin Pozon of the Makati Regional Trial Court denied a joint U.S.-Philippine request to have Smith placed at the U.S. Embassy.
Pozon ordered Smith to remain in a Manila jail, saying that because Smith had been convicted, he was no longer covered by a provision of a bilateral military pact that U.S. servicemen accused of crimes could be held by U.S. authorities until all judicial proceedings are completed.
Smith, 21, of St. Louis, was convicted and sentenced Dec. 4 to 40 years in prison.
“We believe [the judge] committed a grave abuse of discretion when he denied our motion because he applied the wrong provision,” said Jose Justiniano, Smith’s lawyer.
He said Smith’s appeal of his conviction was part of court procedures and he “should remain with the U.S. government pending completion of all judicial proceedings.”
Ellie