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Wednesday, December 06, 2006
Convicted US marine 'in a daze', weeps over fate
* Soldier couldn't sleep well on 1st night in jail, says warden
* Palace lawyer says US should have custody of US soldier pending appeal
MANILA -- Despite the prospect of facing life imprisonment in a suburban Manila jail thousand of miles away from home, convicted US Marine Lance Corporal Daniel Smith remained steadfast in his conviction that he did not rape Nicole, his lawyer said on Tuesday.
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The court that sent him to a Makati City jail said it would abide by any agreement reached by the Philippine and US Governments on Smith's custody while the appeals process is being heard by the higher courts.
Lawyer Enrico Uyehara, who served as the counsel of Lance Corporal Dominic Duplantis during the four-month trial of the controversial rape case filed by Nicole, said Smith did not waver in his stand that he was innocent of the charge and vowed to appeal the case before the higher court.
"Although he still seems to be in a daze and he has had hardly any sleep during his first night at the Makati City Jail, he maintained that he is innocent of the charges," said Uyehara in an interview shortly after he visited the American at the local jail.
Uyehara said Smith having difficulty sleeping was aggravated not by the conviction but by the decision of the Makati Regional Trial Court (RTC) to remand his custody to the local jail instead of the US Embassy in Manila.
He said Smith is now focusing his attention on the next legal battle before the Court of Appeals (CA) and the Supreme Court (SC) where his legal team is filing a motion for habeas corpus to seek his return to the custody of the US authorities while the appeal is being heard.
"Obviously he is not happy with the verdict but he is still hopeful that the conviction will be eventually reversed," the lawyer added.
Makati City Jail warden Melvic Oreiro said Smith remained silent most of the time while inside the records section office of the city jail where he spent the night separated from the other prisoners after he was brought there by authorities at dusk on Monday after undergoing a physical examination and having his mug shot taken at the Makati Central Police headquarters.
Judge Benjamin Pozon had denied his lawyer's last-ditch bid to allow him to remain at the custody of the US Embassy.
Smith on Tuesday received visitors at about 7 a.m. even if the normal visiting hours began at 9 a.m.
One of the visitors even tried to bring him a laptop computer but jail personnel refused to let Smith have it.
The jail official said there was no special treatment for Smith, adding that they allowed people to visit Smith even much earlier than the usual time out of consideration.
In a radio interview, Nicole said she will check reports that Smith has been given special treatment. She added that she was not to be blamed for his suffering since he was the one who committed the crime.
"I am also suffering, much more than him since I was the victim," said Nicole prior to her attending a press conference in Quezon City.
Oreiro also said security at the facility was tightened for Smith's safety.
Asked what Smith was eating, Oreiro refused to say but US Embassy personnel brought him some belongings and food.
Smith's original counsel, Benjamin Formoso, confirmed that his client was saddened by the decision as he expected to be acquitted of the charges. He said his client was in tears when he visited the US marine on Monday night.
Another of Smith's lawyer, Ricardo Diaz, said they will file a petition for habeas corpus because Smith's detention at the city jail did not follow the provision of the 1998 Philippines-US Visiting Forces Agreement (VFA).
Pozon earlier said he would abide by whatever agreement the Philippine and US Governments would reach over Smith's custody and that the soldier's stay at the Makati City Jail is only temporary.
As the legal battle over his custody begins, Smith added another seasoned lawyer to his legal team.
Diaz said Smith has tapped Attorney Jose Justiniano to be a part of his team as the preparation for their appeal shifts to the CA.
Diaz, who served as co-counsel of Formoso during the trial of the controversial rape case filed by Nicole, said Formoso will remain with the team.
Justiniano served as counsel of Lance Corporal Keith Silkwood who was acquitted of the rape charge along with Lance Corporal Dominic Duplantis and Staff Sergeant Chad Brian Carpentier for lack of evidence.
Justiniano on Tuesday filed a formal plea before Pozon's sala to reconsider its earlier decision committing Smith to the Makati City Jail.
He cited a provision of the VFA, particularly Paragraph 6, Article 5, that states "the custody of any US personnel over whom the Philippines is to exercise jurisdiction shall immediately reside with US military authorities, if they so request, from the commission of the offense until the completion of all judicial proceedings."
Smith's counsel said the court erred in its commitment order when it cited Paragraph 10, Article 5 of the VFA. Justiniano said Paragraph 10, Article V of the VFA cannot be cited because the article provided that the "confinement or detention of Philippine authorities of US personnel shall be carried out in facilities agreed upon by both government."
He said that it was plain legal error for the court to apply the paragraph to Smith transfer to the local jail after the guilty verdict.
Nicole's lawyer, Evalyn Ursua, said they would file their reply on Wednesday or Thursday.
At Malacañang, Chief Presidential Legal Counsel Sergio Apostol said Smith should remain under the custody of the US until the life sentence meted against him becomes final and executory.
Apostol, in an interview, said the US Government has every right to appeal the place of detention for Smith.
What the lawyers of Smith could do is to file a motion for status quo, as Apostol dismissed any need to amend the VFA, which he described as "functioning well."
Executive Secretary Eduardo Ermita, in an ambush interview at the St. Luke's Medical Center, said the Department of Foreign Affairs and the US Embassy are discussing the custody issue and they are hoping that they will be able to resolve it.
Ermita said the discussions would include clarifying certain provisions of the VFA.
He also expressed confidence that Philippine-US relations would not be affected by the outcome of the Subic rape case. (AH/JMR/ECV/Sunnex)For more Philippine news, visit Sun.Star Bacolod. (December 6, 2006 issue)
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