VZCZCXYZ0000
OO RUEHWEB

DE RUEHML #2962 1951014
ZNR UUUUU ZZH
O 141014Z JUL 06
FM AMEMBASSY MANILA
TO RUEHC/SECSTATE WASHDC IMMEDIATE 2023
INFO RHHMUNA/CDRUSPACOM HONOLULU HI IMMEDIATE
RUEKJCS/JOINT STAFF WASHINGTON DC IMMEDIATE
RUEKJCS/SECDEF WASHDC IMMEDIATE

UNCLAS MANILA 002962 
 
SIPDIS 
 
SIPDIS 
 
E.O. 12958: N/A 
TAGS: PREL MARR KCRM CASC RP
SUBJECT: MARINE CASE UPDATE 07/14/06 
 
REF: MANILA 2852 AND PREVIOUS 
 
¶1.  The trial of four Marines accused of raping a Filipino 
woman continued during the week of July 14 with direct and 
cross examination of the complainant as well as of the 
prosecution's chief medical witness, Dr. Raquel del 
Rosario-Fortun.  Prosecutors established how much the 
complainant drank before the alleged incident, and that she 
intermittently experienced memory black-outs before, during, 
and after the incident allegedly took place.  In further 
testimony mainly for the expected civil damages aspect of the 
case, she recounted the destitution she and her family have 
endured since the incident.  She broke down in tears 
repeatedly, causing numerous short recesses.  LCpl Smith's 
defense attorney Patricia Formoso successfully established 
during cross examination that the complainant had re-entered 
the Neptune Club after the incident and did not tell the 
club's security guard working the door that night that she 
had just been raped. 
 
¶2.  In an incident that garnered considerable media 
attention, the complainant on Monday, July 10 fell upon 
re-entering the court from a recess while passing LCpl Smith. 
 She blamed him for tripping her and then repeatedly hit him 
with her handbag until others subdued her. This took place 
before Judge Pozon had entered court, yet in front of the 
press that had already assembled in the gallery.  None of the 
defendants nor Embassy officials present nearby have any 
reason to believe that LCpl Smith had indeed tripped her; she 
has fallen at least once before in an unrelated incident. 
 
¶3.  The complainant's mother, who is expected to testify next 
week regarding the emotional and financial decline of her 
family apparently to bolster claims for civil damages, also 
repeatedly berated the defendants in court.  In another 
incident that attracted media attention, a prominent Filipina 
who was observing the trial berated one defendant for 
allegedly laughing during the complainant's testimony. 
According to our observers, this defendant was in fact joking 
with his attorney about a non-trial-related issue during a 
recess when the confrontation took place. 
 
¶4.  The prosecution's chief medical witness, Dr. Fortun, 
testified that the complainant's injuries were consistent 
with sexual assault and evaluated possible causes as to why 
no trace of semen was found anywhere.  Dr. Fortun spent much 
of her testimony reading excerpts from reference materials to 
bolster her interpretation.  The defense questioned her 
credibility, and  established that she never personally 
examined the complainant or the evidence, only interviewing 
her before the trial began.  They also focused on getting Dr. 
Fortun to admit to alternative explanations for physical 
contusions on the complainant. 
 
¶5.   The van driver Timoteo Soriano is expected to testify 
again during the week of July 17.  The public prosecutor has 
stated that there will then be five more prosecution 
witnesses, and that the prosecution would rest the case in 
two weeks. 
 
¶6.  The Mission's working group established that Judge Pozon 
can indeed render both a criminal and civil verdict at the 
completion of this trial.  It also agreed to provide 
certified copies of the U.S.S. Essex' ship logs, per the 
request of the prosecution (NOTE: The prosecution already has 
copies of these logs but now want a new set certified for 
unknown reasons. END NOTE).  According to PAS and III MEF 
officials, the defendants and their defense counsels have so 
far not accepted, nor indicated an interest in accepting, any 
additional requests for media interviews. 
 
¶7.  Mission continues to provide security, citizen services, 
and other support to the Marines.  Personnel from III MEF, 
JUSMAG, Regional Security Office (RSO), and the Consular 
Section continue to attend all court sessions.  RSO remains 
pleased with the extent and quality of security support 
provided by the mayor's office and police department. 
Kenney