Thursday, June 15, 2006
US investigator: Marine admitted to consensual sex
MANILA -- A US Navy investigator testified Wednesday that a US Marine accused of rape had admitted to "consensual sex" with a Filipino woman while his three co-accused servicemen cheered him on.
US Naval Criminal Investigation Service agent Guy Papageorge, quoting from his investigation report, said Lance Corporal Daniel Smith "admitted he had sexual intercourse with the Filipino woman inside the van and that the other Marines cheered him on."
"He likewise admitted he used a condom," he told the Makati Regional Trial Court.
Papageorge said when he asked Smith if the sex was consensual, Smith answered, "Yes, it was consensual."
Papageorge and Ronald Veltz, another Navy investigator, appeared in court after the US Embassy agreed to let them testify for the prosecution in the trial of the four Marines, reversing an earlier decision that threatened to derail the proceedings.
Last week, the embassy caused a stir saying the issue of diplomatic immunity prevented Navy investigators from testifying.
Philippine prosecutors accused it of holding up the proceedings and Judge Benjamin Pozon gave US officials until Wednesday to allow the witnesses to appear in court.
Prosecutors allege Smith raped the woman inside the van, while Lance Corporal Keith Silkwood, Lance Corporal Dominic Duplantis and Staff Sergeant Chad Carpentier cheered him on. The Marines had just finished counter-terrorism maneuvers with Philippine troops.
The rape charges are punishable by up to 40 years in prison. The Marines have refused to answer the charges, and the judge entered a plea of innocent for them.
Papageorge said Smith also told him he met the 22-year-old woman, identified only as "Nicole," at the Neptune bar inside the former US Naval Base in Subic Bay, near Olongapo city, west of Manila, on the night of November 1 when the alleged rape took place.
Carpentier told investigators he saw Smith and Nicole dancing, and later kissing as the woman sat on Smith's lap, Papageorge testified.
Private prosecutor Evalyn Ursua earlier said testimony confirming Smith's admission of consensual sex with the woman was an important boost to the case against the Marines, and that Smith would need to prove his claim it was consensual sex.
Prosecutors and several witnesses had testified earlier that the woman was drunk when she was carried by Smith on his back into the van. (AP)
(June 15, 2006 issue)
Write letter to the editor. Click here.
Join the Sun.Star message board. Click here. |
