VZCZCXRO8591
OO RUEHNH
DE RUEHML #4067 2680807
ZNR UUUUU ZZH
O 250807Z SEP 06
FM AMEMBASSY MANILA
TO RUEHC/SECSTATE WASHDC IMMEDIATE 3133
INFO RUEHNH/AMCONSUL NAHA IMMEDIATE 0036
RHHMUNA/CDRUSPACOM HONOLULU HI IMMEDIATE
RUEKJCS/JOINT STAFF WASHINGTON DC IMMEDIATE
RUEKJCS/SECDEF WASHDC IMMEDIATE

UNCLAS MANILA 004067 
 
SIPDIS 
 
SIPDIS 
 
E.O. 12958: N/A 
TAGS: PREL MARR KCRM CASC RP
SUBJECT: MARINE CASE UPDATE 9/22/06 
 
REF: MANILA 3919 AND PREVIOUS 
 
¶1.  The trial of four Marines continued the week of September 
18 with testimony from forensic obstetrical and gynecologist 
expert Dr. Teresita Sanchez, who testified that the injuries 
sustained by the complainant do not suggest rape.  SSgt Chad 
Carpentier followed and testified that his first impression 
of the complainant was that she was a "professional preying 
on the vulnerability of Smith," and that she seemed in full 
control of herself.  He denied that she was physically 
removed from the van and pointed out that he did not pay 
attention to any activity in the back of the rental van 
because he was still looking for two more of his men.  LCpl 
Keith Silkwood and LCpl Dominic Duplantis also testified and 
corroborated both LCpl Smith's and SSgt Carpentier's story. 
 
¶2.  The relationship between the government prosecution team 
and the complainant and her private attorney remains rocky 
after the complainant and her family publicly criticized the 
prosecution's performance.  The complainant sent a letter to 
Philippine Department of Justice Secretary Raul Gonzalez 
requesting that four of the five prosecutors on the team be 
replaced.  According to the complainant and her attorney, the 
prosecution team tried to bully her and her family into 
accepting a settlement on the case.  Senior State Prosecutor 
Emelie delos Santos denied such a conversation took place and 
labeled the complainant and her family "liars" and 
"ingrates."  Secretary Gonzalez turned down the family's 
request to replace the prosecution team but did ask the 
National Bureau of Investigations to look into allegations 
that prosecutors pressured the complainant to accept a 
settlement.  The complainant and her family did not attend 
the proceedings this week. 
 
¶3.  SSgt Carpentier gave an email interview to the 
Philippines News Agency (PNA) on September 19 where he was 
quoted as saying that he was "pleased with the way the 
proceedings have gone so far."  He praised LCpl Smith's 
testimony as "honest and accurate..." and noted the 
difference "between a witness that is speaking on the facts 
and (is) honest, vice someone trying to remember rehearsed 
testimony."  SSgt Carpentier quashed rumors of any settlement 
talks, "(I) can assure you they did not originate from the 
defense...  (w)e did nothing wrong and will not entertain any 
talk of settlement."  He speculated that the current, 
strained relationship between the prosecution and the 
complainant are "based on frustration...that our side of the 
story is finally being heard."  SSgt concluded by saying, 
"(t)his case has not given me a bad taste for the 
Philippines; I don't blame the Philippines for this happening 
to me." (SSgt Carpentier did not coordinate in advance with 
Embassy on this interview, despite being advised of Embassy 
policy for all USG employees to do so.) 
 
¶4.  Current U.S. Embassy public affairs talking points on 
this case remain unchanged from last week: 
 
- This has been an emotional and difficult case for everyone 
involved. 
 
- It is the principle of Philippine and American law that 
anyone accused of a crime is presumed innocent until proven 
guilty. The U.S. is committed to seeing that justice is 
served, through a fair and impartial process that can provide 
for a just outcome. 
 
- The U.S. has cooperated with Philippine authorities in 
accordance with the Visiting Forces Agreement since day one. 
The case is being tried by a Philippine judge under 
Philippine jurisdiction. 
 
¶5.  Mission continues to provide security, citizen services, 
and other support to the defendants.  Personnel from III MEF, 
JUSMAG, the Regional Security Office (RSO), and the Consular 
Section will 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. 
 The Consular Section continues to respond to family member 
inquiries. 
 
KENNEY