Witness is lying—prosecutor

Thursday, Sept. 21, 2006

The public lawyer who cross-examined today one of the four accused in the Subic rape trial alleged that the witness was lying.

Senior prosecutor Emilie Fe delos Santos repeatedly cited instances where Lance Corporal Keith Silkwood supposedly lied to the court to save co-accused and prime suspect L/Cpl Daniel Smith.

Smith purportedly raped a 22-year-old Filipina in a moving van while Silkwood, L/Cpl Dominic Duplantis and Staff Sergeant Chad Carpentier egged him on.

Delos Santos noted that Silkwood left out some information in the counter-affidavit he submitted during the preliminary investigation of the case. She also accused Silkwood of giving the court a “false and fabricated testimony.”

On direct examination by his lawyer, Jose Justiniano, Silkwood testified that at 1 p.m. of November 1, 2005, he disembarked the USS Essex with Smith as his liberty buddy.

Silkwood defined liberty buddy as someone you sign out with and look after to during liberty period.

He said he, Smith and other US Marines went to a market to withdraw money but since the automated teller machines there were offline, they proceeded to a nearby casino where they could get cash.

The casino was too crowded so they transferred to another one just across the street. They gambled and drank there until 7 p.m. then went to Dewey’s bar and stayed there for two to three hours.

They proceeded to Neptune club around 9:30-10 p.m. and occupied a table near the dance floor. Around 11:30 p.m., he met Carpentier who told him to round up some Marines so they could get back to the ship in time for their 12 midnight curfew.

Silkwood started to look for Marines and consequently ran into Duplantis and Smith. He saw that Smith was “talking and flirting” with a Filipina, which he later identified as Nicole.

Nicole, Silkwood said, was sitting on Smith’s lap. She was in a slouched position with her back against Smith’s chest.

Silkwood then relayed to Smith what Carpentier said and then he started to walk out of the club. Duplantis, Smith and Nicole followed. They walked to the van but it was locked and the driver, Timoteo Soriano, wasn’t there.

When Soriano arrived, he entered the van and unlocked all doors. Smith opened the side door and Nicole got in. They then occupied the backseat. Duplantis and Silkwood took the middle row while Carpentier sat next to Soriano.

In the van, Smith and Nicole were “kissing and being flirtatious and kind of making out.” Silkwood said he didn’t do anything about it because he thought it was just a “normal lovemaking.”

He also said that they pulled over near a Yellow Cab pizza parlor because they saw two Marines, Cpl. Corey Burris and L/Cpl. Albert Lara. Burris and Lara approached the van and opened the side door.

Silkwood added that he and Lara laughed at Duplantis who was so drunk that time. He continued that Burris and Lara did not board the van because it was full.

He further recounted that after the side door closed, he heard Smith told Nicole that “he wouldn’t be able to finish.” Nicole then supposedly asked, “Are you done already?” and Smith repeated what he said. Silkwood said he quit listening after that.

He continued that the van stopped at the main pathway to the ship. The place was crowded and around 20-30 people were there.

Duplantis exited the van first, then Silkwood, followed by Nicole and Smith. Smith assisted Nicole, whose pants were still “mid-thigh low.”

At this point, Justiniano asked Silkwood about Joseph Khonghun’s testimony that Nicole was carried out of the van like a pig. Silkwood denied it and the allegation that he held a beer bottle and poured out its content on the sidewalk.

He then said that leaving Nicole behind, the three of them walked towards the ship and got there a few minutes past 12. Smith was the first to arrive, then himself and Duplantis.

Meanwhile, on cross-examination, Silkwood narrated that in the middle of their ride, he saw movements at the backseat.

“Next thing I know, the girl was lying on her back and Smith was halfway on top of her,” he said, adding that he saw this only through his peripheral vision. He neither glanced at nor watched them, he continued.

Silkwood also said that he thought it was not a “big deal” so he didn’t tell anyone in the van about it. “It wasn’t my business,” he added.

Delos Santos asked Silkwood if he talked with Burris and Lara. Silkwood said no, prompting the prosecutor to comment that he was lying because he testified earlier that he joked with them about Duplantis.

She also pointed out that Silkwood did not state in his counter-affidavit what he told US Naval Criminal Investigative Service agent Bruce Warshawsky during an interview at Mandarin Hotel in Makati.

Quoting from Silkwood’s statement to the NCIS, delos Santos read that Burris and Lara exclaimed ‘Oh my gosh! This is happening?’ when they saw Smith having sex at the backseat of the van.

Delos Santos said that the noninclusion of this information showed that Silkwood was lying.”

She also charged Silkwood of “deliberately omit(ting)” it because it would not help him and the other accused.

Silkwood denied the allegation. He said it was not intentional and he thought it was not important.

Delos Santos reminded Silkwood that he was under oath when he executed the statement. Silkwood then countered, “There are no lies in there, maam.”

He further testified that when they reached the pier, someone shouted, “Get that bitch out of the van!” though he was not certain if it was he.

He also said that when Nicole alighted from the van, she sat down on the curb and started yelling, “I’m not a bitch!”

He added that he noticed Nicole having difficulty pulling up her pants. He said he thought either “Nicole was too drunk or she was just having a hard time.”

Meanwhile, delos Santos made Silkwood admit that he had not met Khonghun prior to the latter’s testimony in court and that Silkwood had no ill feelings against him.

Delos Santos pointed out that if Khonghun had no reason at all to testify against Silkwood, then Silkwood’s testimony must be “false and fabricated.”

Then referring to Silkwood’s earlier statement that what he saw was a “normal lovemaking,” delos Santos asked: “Do you think having sex at the backseat of a van in full view of other passengers normal?”

Silkwood answered that it appeared to him to be so and that he was not thinking of the location when he said that.

Laying the basis for her next question, delos Santos reiterated Silkwood’s testimony that during liberty, he was obliged to remain with and protect his liberty buddy.

“Because you are buddies, you cannot take a position different from accused Smith,” delos Santos said.

Justiniano rose to object, but Pozon only ruled that delos Santos specify what she meant by “position.”

“You said that you have to protect your buddy during liberty. Now that all of you are accused of this case, you can’t testify against them,” she continued.

Silkwood again denied the allegation, saying “I can do what I wanna do.”

For her last question, delos Santos asked if Silkwood knew why Nicole would file a rape complaint against them. Silkwood said he could only guess but he didn’t know for sure.

Meanwhile, upon Pozon’s questioning, Silkwood recounted that he did not see Carpentier alight the van when they were dropped off near where the ship was docked.

Silkwood continued that the van left shortly after they got out of it. He also said that he did not see anybody milling around the van or giving serious attention to Nicole.

He also admitted that he consumed around four bottles of beer that night but he was not drunk. He added that it was Duplantis who was the “most drunk” among the four of them. Duplantis, he said, had his head bowed down almost all throughout the ride.

Pozon then asked Silkwood if he saw any resistance from Nicole when she was still in the van.

Silkwood said Nicole did not struggle or scream. She did not punch or kick Smith, or prevent Smith from making love to her, he added.

He also said that based on what he saw, the intercourse was with consent from Nicole. He continued that Nicole was not mad at anyone of them, not even at Smith.

When asked again why Nicole would file a case against them, Silkwood said “Maybe she got upset of that bitch part… Maybe she was put in a situation and somehow it was easier for her to say she was raped.”

Pozon also clarified if there had been any trouble between them and the two security guards at Neptune or between Soriano and the guards.

Security guards Tomas Corpus, Jr. and Gerald Muyot testified that they saw Smith carried Nicole to the van in piggyback style. Their testimonies contradicted Smith’s and Silkwood’s statement that Nicole got into the van on her own.

Silkwood answered negative to both, adding that they even gave tips to Corpus and Muyot.

Pozon then asked: “Why should the guards testify differently as to how Nicole boarded the van?”

Silkwood said he had no idea.

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19 Comments

  1. Kyle said,

    December 5, 2006 at 4:50 pm

    PRAISE JESUS

  2. December 6, 2006 at 6:09 am

    Rape technically is anything against one’s will. I feel the outcome is unfair, because I believe they were all guilty, for various things.

    1. I have never heard of rapist ever using a Condom.
    2. From other evidence her blood alcohol was even below US standards
    for being drunk.
    3. Yes, some people can remember a lot even when drunk, but that does not
    prevent stupid actions.
    4. All were young and stupid.
    5. I was a Combat Photographer for 20 years and never saw a rape case
    or was involved in investigating on.
    5. US embassy did not allow us attorney’s nor investigators to investigate,
    not only the soldiers background, but the lady in question.
    6. Why was the women with the GI’s in the van since she had a BF or was this
    her Tampo on her BF?
    7. This may just be on trial for Nicole, but for the GI’s they will go on trial in a military style for actions unbecoming a military soldier, to some it has always seemed unjust, , but not only has one offense been committed, more according to the code of Military Justice.
    8. The girl should never have been brought to the van, nor should any one have allowed the soldiers to bar hop as they did, it also is up to the servers to determine whether or not that in their judgment if the soldiers had to much to drink. In the US if server serves one that is drunk in many states the server will also be charged in the crime or take partial responsibility in that crime.
    9. I also must ask myself why any serviceman would jeopardize their career for such a sordid act. Even though I have known less than a handle full that have done that in different types of cases.
    10. I do not feel that a life sentence is correct, since I do not feel it is rape, I would though go for a 10 to 15 year sentence, to prove a point. The man’s career is gone, his life is gone, if should he have a parole, the military will try him again and he will go to prison again to server out all of this bad time. The ladies life will go on, yes not as it was before, hopefully she will pop out of being young and stupid.
    11. The truth can only be found within these people until judgment day and the real judgment of this crime will be given, in heaven but not here.
    God is the Ultimate Judge.
    12. To me they could have all used their time more contructively, such as helping churches and orphanges in their free time.

    May God Have Mercy On All Of Them!

    Peace and Luv
    Alan

  3. FREE SMITH said,

    December 6, 2006 at 6:47 am

    Yes, thank God we are free in America. This is a ridiculous case. The girl simply changed her mind after having sex with the guy because of how they left her (because they needed to get back on thr ship). It was not rape by any stretch of the imagination.

    Here’s a question: why did she help him put the condom on?

  4. December 11, 2006 at 4:07 am

    i dont believe that daniel smith is a guilty…the court was is unfair, why?dahil ginusto rin ng girl ang nangyari in short they are both happy on that time…bkit? may rapist ba na gumagamit ng condom? dhil ang tingin ng tao sa kanya ay prusti…unfair din ky smith dhil nsira ng husto nag dignidad nya,ang trbaho nya, ang pangalan nya! ano na ang mukhang ihaharap nya sa mga tao bkit c nicole ang pinapanigan ng korte?dhil cya ay isang filipino? im also a filipino pero ni minsan ay hindi ako pumapanig ky nicole! dhil hndi makatarungan ang ipinaparatng nya ky smith! kung matino cyang babae bkit kylangan nyang mgpkalasing at mkipag inimunan sa mga amerikano? according to my teory na ngpapahiwatig ang babae na gusto nya mkipag sex sa panahong iyon dhil pag ang taong lasing ay agressive!

    for u nicole…bkit kylngan mong gawin ang mga bgay na e2? ang makulong si daniele smith? alam n alam mong kagustuhan mo rin ang nangyari…bkit dhil nahihiya knang aminin kung ano ang totoo? dhil mraming tao nkapaligid sa eyo? im not proud of u! ur selfish and ur liar! i dont like u! marami kming galit sa iyo!

    bkit kylangang murahin ang mga pictures n daniel smith? at bkit kyalangang purihin ang mukha n nicole na gayung nkatago e2 sa media? at sa korte! its so unfair! kung pwede lng ay ipakita ni nicole ang kanyang pgmumukha sa publiko pra nmn unfair ky daniel smith! THE JUSTICEIS UNFAIR! i wish and pray that danile smith will acquited as much as early! thats all tank u!

  5. Wow said,

    December 13, 2006 at 4:45 am

    Only the people involved that evening in the van have all the facts. Nobody else will know the exact truth. This was a case between the individuals present in the van, not between two countries. I understand that there has to be a ruling from the judge. Both parties should be shamed of their behavior that evening. The travesty? Not the ruling, but the punishment. Why 40 years for circumstantial evidence? Why not 3 to 5 years? Did he commit such a crime to deserve a near life sentence? NO! This was nothing other than a travesty! What punishment will Nicole receive, a book deal, a movie deal, a full and healthy life for something she was partially responsible?
    If Smith finds himself being treated inhumanely, hurt, unfed, etc… while in the Philippine custody, I expect the US to retrieve him immediately. Otherwise, he will die in a Philippine prison before he will be released. Yes, he should get special treatment! President ERAP is getting special treatment for ALL of the crimes he commited.
    Signed – Wow!

  6. gaylars said,

    December 13, 2006 at 9:57 am

    Yeah I agree… She’s a girl. It would be easy for her to make those around her believe that she was raped (maybe she changed her mind after the intercourse, maybe she was not satisfied, maybe she had some notorious agenda)…. It would be hard for a guy to defend himself (saying he was only seduced or they had consensual sex)… After all, the “girl” is the supposed victim. Hey just wondering, is there any such thing as rape of a man? 🙂

  7. gaylars said,

    December 13, 2006 at 10:32 am

    Masyadong hype ang case ni nicole (dahil ba me political agenda). Mas believable yung mga case ng batang nire-rape ng tito nila o ng tatay nila…. Why are these not so publicized?

  8. melissa said,

    December 13, 2006 at 1:35 pm

    for you nicole…may you rest in peace…sa mga ginawa mo…i dont know you…but you just sounds like a person, who just wanted money or ticket to america from that guy…let us face the reality here…makapal ang face mo na gawin ang mga ginawa mo sa isang tao…did you ever ask yourself these question…

    1. does a filipina lady like you should be out in that street at night?

    2. should you be drinking at your age?

    3. and why should you be in somebody else’s vehicle…when you know that you should never talk to stranger…

    so for me you are guilty for having sex with that guy…because you should know better…

  9. Claire said,

    December 14, 2006 at 1:40 pm

    I am decently working as to my profession just a hint for my belief about the issue. Well,well it’s a shame to think we all have instinct, everywhere in the world there are Filipinos, was proud to be but about the case it makes me doubt and have no say because my instinct dictates me base on
    1. Did Nichole had a second thought before getting drunk that much at late night?
    2. Did she care about her safety getting home drunk ?
    3. Is there friends with her whom she can rely on to be home safe?
    4. Or did she expect these guys to take her out? And what did she expect then getting much drunk with the guys?
    5. Or intentionally got drunk much to be with the guys,have their attention?
    6. Or intentionally got drunk to cover her shameless crave for sex with the guys?
    God take care of those lives you destroyed, its you who destroyed yourself Nichole and made your way out of it.
    7. Have you thought getting raped in the streets while going home as drunk as that then getting killed instantly????????????
    Well I’m not saying they should have killed you or be thankful they didn’t thats why my instinct as a conservative Filipina says they didn’t but you allowed yourself to. So the next time you wana destroy your own life do it alone in the streets then no one’s be a victim of your stupidity.!!!!!!!!!!!!!!!!!!
    There’s a saying ” Ïf we respect ourselves people will gonna respect us too.”
    I’ve been working decently with Americans but haven’t encountered disrespect from them. They helped a lot of people’s in the world but people’s pride disclaim it. I don’t know why they are taking the risk to help people everywhere but are being discredited and even are accused of.
    Have you thought of these guys lives too? Well if yours is destroyed because you destroyed it long before, I think you’re still human having conscience it will hunt you for the LIES you did………..

  10. Augie said,

    December 26, 2006 at 11:48 pm

    I don’t understand how a person can be completely drunk with a blood alcohol content of .04 that is the equivalent of about 2 san miguel beers. If I am wrong on the content someone please correct me. In a case like this that is based on circumstantial evidence and hearsay, would’nt it have been wise to have all parties involved submit to a polygraph test? I would hate to see a young mans life being taken away over a lie. I do not want to see a young lady raped either or any woman for that matter. I hate rapists and I despise liars. From all these posts I have read it appears people are not convinced beyond a reasonable doubt .

  11. kat said,

    December 28, 2006 at 8:12 am

    I’m siding Smith and it doesn’t mean that I don’t love my country. I think the court was unfair.What kind of girl getting herself drunk late at night knowing that she’s not in her homecourt and surrounded by unfamiliar faces and that include Smith and his liberty buddies. I believed she just got caught up by the situation and probably didn’t want to humiliate herself. So she made the issue of her being gang rape.

    As for Smith’s custody, give it to U.S. and his verdict is too harsh, I must say. I think its 3-5 years is enough.40 years of life imprisonment?! Why don’t give a boy a chance to live his life, start a new one. The marine has a life too, not only “Nicole”. She can start any minute by now but Smith can’t until the verdict is done.

    for you “Nicole”:
    And if you were being carried, as you claimed, why you didn’t scream for help.I’m pretty sure that there are some bystanders out there, its a club. There’s a lot of options to prevent that situation. A lot girl. And heard you have an American man, well, in any angle you look at it. Geez, it’s unapproriate for a girl to give a man she just met a lap dance.I am a girl and a Filipina too, but your statements can’t invade me. You’re not a minor anymore that someone need to look after you and your actions. You are now in-charge of yourself. And you may now reveal your face in front of everybody- – public and medias.Why? You already won it.Happy? One thing, you shouldn’t joked about U.S. Embassy denying your visa,if in case. It is NO fun. And when you are in an interview, give us a better lesson from what you’ve experience aside from “Dapat kilalanin kung sino ang sasamahan at ‘wag magtiwala kaagad.” I’m totally sick of it instead make it, “If you want to be fucked,clear it first before getting sober.”

    This thing is a serious issue.It reflects what kind of people are we here in the Philippines.

  12. nicole hater said,

    January 8, 2007 at 12:47 pm

    pagnakauwi ako ipapasalvage kita kahit na hindi kita kilala nagagalit ako sa iyo dahil sa mga kasinungalingan mo…ngayon naiba ang pananaw ng mga puti sa amin dito sa amerika!!!!gagastos ako ng milyon mapatay ka lang

  13. Emily said,

    January 9, 2007 at 1:06 pm

    To Nicole hater:
    Galit din ako kay Nicole, pero hindi naman katulad ng nararamdaman mo na handang gumastos ng milyon mawala lang sa mundo si Nicole ( im sure, nagbibiro ka lang). Nasa iyo na yun kung magpapaepekto. Ang asawa ko na US Navy, walang time makinig at magbasa man lang tungkol sa kasong yan, pero para sa akin, malaking issue yan ginawa ni Nicole. Aminado akong nagkakilala kami ng asawa ko sa isang bar sa Subic pero, hindi ko kayang ang ginawa ni Nicole na uminom ng hindi ko kaya at magsayaw ng mahalay. At ang paratang nya ni rape, yun ang sobrang foul sa pandinig naming may mga asawang US Navy, US Marine at US Army. Para sa amin, hindi sila namimilit ng babaeng makipag-sex sa kanila kung ayaw ng babae. Kaya hindi talaga kami naniniwala sa kanya. Isa syang( Nicole) professional na manloloko. Nakakahiya.
    Kaya Nicole hater, hindi ka nag-iisa. Pero, wag mong sayangin ang pera at panahon mo sa Nicole na yan.

  14. jen said,

    January 9, 2007 at 5:30 pm

    Why presedent arroyo. Gave her hands to the U.S, instead of supporting nicole. from the subic rape case.Not bcuz of the agreement of the both country.But We all know that Presedent arroyo.. Dont wanna lost there contact about the American bcuz she prepare that american gave strong help to us.
    but how about the poor people…(may nakikinabang ba?)
    What do they want to do? to stay Queite.. and not talking about it.
    Untill the justice dissapear.!
    This case is not only for nicole this is for all Filipina who has raped.

    America used us… and we return what they dio to us.. I wish in our country here in philippines gave them the first support that all Filipina need.I’ mean looking forward to our country before the another country.

    We all knew that its come a trouble about American and Philippines
    Pero ang ating presedente ay may pananagutan sa pag papabaya sa ating mga kababayan.(in the same situation)like nicole.
    Hindi ako kampi kay nicole.Nicole has there own openunion.and all other people had there own openunion. there’s nothing wrong if we all share about it and talk about it in serious way.
    I’m upset about what happend but i cant do anything about it. its about Philippines and america. and i wish some day…they well

    gave justice to Ms.nicole and to all filipina who has raped. by the american man. they do take advatage of the filipina bcuz they are strong. and they know that they have power to control the philippines..
    Bcuz of the visiting agreement.

    Thats all my comment,
    Godbless..

  15. nicole sucks!! said,

    January 10, 2007 at 9:06 am

    the transfer was indeed CORRECT.. nicole’s case is not just an ordinary one.. it it unique and extra ordinary because, it involves a foreign man covered with the VFA agreement.. therefore, the question here is about the diplomacy.. not even the Philippine courts can oppose!!

  16. selfridges said,

    January 11, 2007 at 10:03 am

    i’m soo happy that smith was transferred to the us embassy. coz he doesn’t deserve to be incarcerated for something that he’s not guilty of. nicole GET A LIFE!!!! u’re a slut and u’re just don’t want to admit it….

  17. jewel said,

    January 14, 2007 at 9:43 am

    Well, sa case kc ni nicole sinakyan kc ng gabriela which is behind that gabriela ay may mga malalaking tao at mga artista. And u know in the philippines, fame was more important. So becoz between filipina and american guy ang kaso, marami ang gustong makikisali. I was just hurt kc nagrarally yong mga tao para kay nicole but hindi sila nagrally sa mga batang biktima ng rape ng kapwa filipino din. Why the rallyist not fighting sa mga inosenteng bata na ni rape which is ang mga bata na iyan ang kaawa-awa at wlng kalaban laban. Wla akong nakita na nagrarally because may mga batang na rape. Dahil ba c nicole ay nagsasalita na ni rape sya? How about ang mga batang biktima na hindi nagsasalita dahil sa takot or kaya’y sa trauma? Ok lng yun? hindi na guilty yong rapist kc hndi makapagsalita ang bata? i witness how many case about a man who rape a child na nadismiss at hindi proven guilty kc hindi nakapagsalita ang bata dahil sa sobrang takot at trauma. Yan ang problema ng justice natin eh. Depende na sa paliwanag ng mga tao na base ang kaso. Ang isa pang nakakainis, pag may pera ang salarin malaking percent na mapawalang sala sya. Sa case naman ni nicole malalaking tao ang behind that scenario at ska tinutukan pa ng buong pilipinas. So for me fame ang hinahanap nila eh not justice. So before the rallyist and the gabriela marching around the streets dapat inuna muna nila ang mga totoong biktima before that nonsense issue. For me its all nonsense eh. For political powers na ang hinahanap nila. Why? Syempre wat a big issue ang subic rape case coz its involve a filipina and american guy. Meaning if we will think it carefully, hindi na ito nag represent ng mga tao, kundi it represents a nation. Philippines versus United States. Hindi ba? So ang iniisip ng mga malalaking tao behind that scene na if they will accomplish what they are planning its a great history between the philippines and the united states. And a great victory also for political powers.

  18. jewel said,

    January 14, 2007 at 9:57 am

    And to add that, its a great fame also for nicole. d ba? Hndi nman ako pro smith but may mali kc sa case ni nicole eh. Shes responsible also for what shes doing. You can drink and have fan but put a limitation to urself. she said that shes a college graduate,mas kaduda duda kung tutuusin, why she had an idea, na pwede nyang gagamitin ang pinag aralan nya to sew lies. May knowlegde na sya eh on how to plan. Kc may pinag aralan sya. Kung taga bundok pa sya and then she is no read, no write woman or lets say illiterate sya mas naniniwala pa ako na ni rape sya. Baka ako pa ang nsa front ng mga rallyista. shes innnocent eh. d ba?

  19. daisy said,

    February 3, 2007 at 1:30 pm

    its interesting that although this blog is maintained by nichole’s supporters, there are more readers who do not believed nichole’s story.


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