Toxicologists say Nicole was intoxicated the night she was allegedly raped

A team of seven toxicologists who examined Nicole’s case concluded that her alcohol intake on the night she was allegedly raped was more than enough to impair her cognitive and physical faculties and thus render her incapable of sensing or fighting off danger.

The toxicologists calculated Nicole’s blood alcohol concentration (BAC) based on the alcoholic contents of the beverages she drank, factoring in her metabolism and the time of the intake. The table below shows Nicole’s estimated BAC levels from evening of Nov. 1, 2005 to dawn of Nov. 2, 2005.

Alcoholic drink

Estimated Time

Amount of alcohol ingested (mL)

Estimated BAC (mg/dL)

Vodka Sprite

8:30 pm (Nov 1)




9:00 pm




9:30 pm



Singaporean sling

10:00 pm



Long Island Iced Tea

10:30 pm




11:00 pm




11:30 pm




12:00 mn




12:30 am (Nov 2)



















The team found out that Nicole’s BAC peaked between 11:00 p.m.of November 1 to 12:30 a.m. of November 2, around which time she was seen by Neptune Club security guard Gerald Muyot being taken out of the bar unconscious by accused Lance Cpl. Daniel Smith, and around which time the alleged rape occurred.

The toxicologists also found a positive correlation between her BAC levels and her behavioral manifestations as reported by witnesses.

Tomas Corpuz, another security guard at Neptune, had seen her walking “pasuray-suray” and “paikot-ikot” in the bar at 11:15 p.m. of November 1. After she was found at Alava Pier at 12:15 a.m. of November 2, Subic Bay Freeport bike patrolman Noel Paule reported seeing her crying and “parang lantang gulay.”

The testimonies of Corpuz and Paule on Nicole’s behavioral manifestations were consistent with the toxicologists’ calculations of her BAC. The table below shows the relationship between different BAC levels and their effect on the human body.

BAC (mg/dL)



Mood elevation, slight muscle relaxation


Relaxation and warmth. Increased reaction time. Decreased fine muscle coordination


Impaired balance, speech, vision, hearing, muscle coordination, euphoria


Gross impairment of physical and mental control


Severely intoxicated. Very little control of mind or body


Unconscious. Deep coma. Death from respiratory depression

Source: Alcohol: Pharmacology & Neurobiology. Vijay A. Ramchandani, PhD., Indiana University School of Medicine (with modifications), as lifted by the toxicologists

For more details, please read the official toxicology report here.



  1. melba said,

    September 18, 2006 at 10:24 am

    It is unfortunate that Dr. Teresita Sanchez ruled out “Nicole’s” claim of rape based solely on the absence of bruises on the knees and inner thighs.

    For it only takes a little medical background and a lot of common sense to understand that muscles weakness or heaviness as she pointed out, does not always mean that her knees are always clamped together.

    Note this, how many of those severely intoxicated manage to close their knees? Usually they are seen with both extremities splayed out.

    She,herself, pointed out that the legs are heavy when severely intoxicated. Severely intoxicated individuals do not only lack muscle coordination and strength but it also caused depression of reflexes. That is why both extremities and the whole body feel heavy both for the intoxicated person and the person who will carry him/her and. It is also the reason why severely intoxicated persons do not usually react immediately to stimuli and when they do they are too weak to resist.

    Of course, she has to counter the claim of the prosecution’s toxicologist to help win the defense’s arguments. But it would have been prudent to consider every possible circumstance that must have occured during the alleged rape.

    This very same muscle heaviness may have caused “Nicole” to lack enough strength to clamped her legs together, hence, the non-necessity of force to open the legs. Ergo, the absence of bruises in the inner thighs and knees.

    while severe intoxication can depress reflexes and so this

  2. Schumey said,

    September 18, 2006 at 8:47 pm

    I hope you don’t mind my being too vulgar, but what if she was taken from behind which is why there are no bruises on her inner thighs. Also, the condom was found stuck to the seat of her pants. I’ve ridden in a similar van before and its just to cramped to do it face to face. This led me to think that she was taken from behind.

  3. maiacubillan said,

    September 22, 2006 at 4:30 pm


    i beg to disagree. if what you think is true, the medico legal who examined nicole would have known and would have written about it in his findings.

  4. Deamon said,

    September 23, 2006 at 1:45 pm

    Well, she was drunk… was smith drunk also? How drunk was he?

  5. stoxbnx3 said,

    September 24, 2006 at 3:57 am

    not so, because as he said, he only had a few drinks.

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