Friday, January 13, 2006
US soldier seeks exclusion from Subic rape case
STAFF Sergeant Chad Carpentier, one of the four accused American soldiers, Thursday asked Justice Secretary Raul Gonzalez Sr. to reverse a resolution of the Olongapo City Prosecutors' Office, finding probable cause against him for conspiracy to commit rape against a 22-year-old Filipino woman in Subic Bay Freeport last November 1.
In a 30-page petition for review, Carpentier's lawyer Francisco Rodrigo cited an alleged misreading of the medico-legal report of Dr. Rolando Ortis, who examined the victim two days after the incident.
"The contusions on the parts of the victim's private parts do not conclusively establish rape. It is generally known that even consensual sex may cause contusions. Worth noting is the finding of deep healed lacerations at the complainants vagina, which indicate that the lacerations could have occurred four to 10 days prior to the medical examination," Rodrigo said.
In maintaining his innocence, Carpentier said there is no evidence in the medico legal or in the complaint of the victim showing force or intimidation.
"The complainant boarded the van, where the rape supposedly took place, on her own volition. She was sober, not inebriated or otherwise deprived of reason much less unconscious," Carpentier said.
The fact that the victim was still able to recall the four cocktails that she consumed, namely Vodka sprite, B-522, B-53, Long Island Iced Tea and a Bullfrog, will further belie her claims that she was intoxicated when was allegedly assaulted.
Rodrigo further claimed the prosecution failed to establish conspiracy among the accused. "Mere companionship does not establish conspiracy. When a circumstance is capable of two interpretations, one consistent with the accused' guilt, and one with his innocence, the latter must prevail."
Olongapo City Prosecutor Prudencio Jalandoni, in his resolution dated Dec. 27, 2005, established that the victim and one of the accused, Daniel Smith were together at the Neptune Bar on the night of the rape.
The victim and Smith, along with co-accused Carpentiers, Keith Silkwood and Dominic Duplantis, boarded the Starex van where the alleged rape took place. Also charged as accomplice was Timoteo Soriano, driver of the van.
Meanwhile, the charges against respondents Corey Burris and Albert Lara were dismissed for lack of evidence.
The indicted US soldiers are currently still at the custody of the US Embassy in Manila after it continues to ignore the request of the Department of Foreign Affairs (DFA) for custody of the soldiers. (ECV/Sunnex)
(January 13, 2006 issue)
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