Women’s groups slam DOJ on turnover of Smith to US hands

Press Release

Task Force Subic Rape

Dec. 6, 2006

Members of the Justice for Nicole Justice for the Nation Campaign Network (JNJNCN) and Task Force Subic Rape (TFSR) picketed the Department of Justice as Chief Prosecutor Zuno ceded custody of Lance Cpl. Daniel Smith to
US custody following his 40-year for rape two days ago.

Supporters of Nicole maintained that Smith should serve time in a Philippine jail; anything less would transform the landmark conviction to a hollow victory for Nicole.


According to JNJNCN-TFSR, this move has certainly stolen the thunder of convicting a US Marine in Philippine soil. “We will not be surprised if this turns out to be part of the plan hatched by GMA and the US Embassy: let Nicole have her conviction while ensuring that the
US will ‘take care’ of Smith in the comfort of the embassy,” said Esperanza Santos.

The Subic Rape Case intensified calls to scrap the lop-sided Visiting Forces Agreement (VFA). With the VFA, US soldiers have legal cover and can knowingly violate Philippine laws.

JNJNCN and TFSR raised fears that if Smith goes back to US custody this case would send a message to US troops that Philippine justice is all bark and no bite.

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110 Comments

  1. YT said,

    December 10, 2006 at 1:43 pm

    Ok ok… smith is already convicted in a court of law. Punishment has been given. what else does Nicole want? Dictate what the agreement between U.S. and P.I.? How much does Nicole want to control Smith’s life? That is it! that guy is ruined for life regardless what else happened. Does she plan to run for office someday? Come on, smith’s life is ruined regardless who takes him. Is she scared that smith might visit her in the U.S.? Trust me, smith is going to suffer in the states. We need to focus more on the terrorist issue than this rape crap that is over with. Yes the women’s rights has been voiced out and heard. Face it Philippines, it’s the Americans are the ones who is helping you guys from getting bombed and invaded. And you guys call the American Names and a lot want them out.
    Now from the start we are all aware that nicole wants justice and only justice, not even money… Justice has been served. Smith is not getting away. Now just a reminded, a crime of one is a crime of one, please do not include the whole country or the unit for one’s crime. They talk about how other countries stereotype the philipine women yet we do the same. You talk about an (1) or four American raping a woman last year and when was the one before that? Watch the news and tell me how many filipinos rape filipinas daily, weekly, monthly?

    (2) Murder case involving Japanese woman by U.S. serviceman in Yokosuka: First trial two and half years after the incident, with U.S. Navy Court accepting Kanagawa police statement of interrogation

    YOMIURI (Page 27) (Abridged)
    August 11, 1999

    In March 1997, the Japanese wife (24 at that time) of a U.S. aircraft carrier crewman was raped and killed at her residence in Yokosuka City, Kanagawa Prefecture. About two and a half months after the incident, the U.S. Navy’s Investigation Office arrested a U.S. serviceman working at Yokosuka Navy Base on murder charges. But a trial has yet to be held, because with the military investigation office and Kanagawa Prefectural Police Headquarters both preparing their own interrogation documents, the prosecutors on the U.S. military side and the lawyer side were at odds over the’ admissibility of the police statement. Recently, the U.S. Naval Pacific District Court unprecedentedly judged in favor of the Japanese side’s interrogation. Following this, a trial by jury at the base will finally start later this year.

    During questioning by the Kanagawa Prefectural Police Headquarters and Yokosuka Police Station, the accused admitted he had committed the crime. He has been detained in a base facility.

    In trials by jury in the U.S., the court concerned usually takes procedures whether such documents as the interrogation are admissible. The military investigation office started taking such procedures in September 1997, but it was subsequently found that during this process, the office had continued questioning, through the accused had exercised his right to keep silent. In the spring of last year, the U.S. Navy Pacific District Court ruled that the military investigation office’s interrogation prepared in May 1997 was invalid.

    Meanwhile, the lawyer side claimed the interrogatory of the Kanagawa Prefectural Police Headquarters as “illegal and lacking in admissibility.” The explanation was that the lawyers were not allowed to be present when the accused was questioned. They subsequently insisted that such activity runs counter to the “Miranda Rule,” under which investigation offices are required to inform before questioning that defendants have the right to consult with their lawyer and remain silent.

    The district court in mid-July ruled that “the accused voluntarily confessed his crime while being questioned in an appropriate way, so the Kanagawa Prefectural Police Headquarters’ protocol is judged admissible.” On this occasion, the court attached these explanations: (1) The Miranda Rule has no authority to determine a method of investigation for foreign investigation offices; and (2) regarding an interrogatory prepared by a foreign police, too, as long as the confession was voluntary, its admissibility should be approved.

    The lawyers refuted:

    “Though a decision had been made to bring the accused to trial, the military officials concerned turned over the accused to the Japanese police for questioning. We received no notice in advance. Such an act seems to infringe on the rights of the accused warranted under the amendments to the U.S. Constitution.”

    In case the Japanese police’s report is adopted, trials should be held at a Japanese court, based on Japanese laws (the U.S. has the first jurisdiction and Japan has the second one under the Japan-US. Status of Forces Agreement).

    THIS GUY IS NOW SERVING LIFE IN FOR LEAVENWORTH… TRUST ME, I KNOW HIM.

  2. testing said,

    December 10, 2006 at 4:06 pm

    it seems my previous post got lost. 🙂

    to repost:

    a man and a woman have rough and consensual sex. a few minutes or hours or days later, for one reason or another, the woman suddenly decides to accuse the man of rape. what could the man do to prove that he didn’t rape her?

  3. TK said,

    December 11, 2006 at 2:13 pm

    isn’t it our responsibility to make sure that smith doesnt get raped in our jails? baka pag nangyari yon, maawa ang judge at bigyan sya ng maagang parole. instead of 40 baka mas maikli. why not let him share nur misuari’s cell? let nur drive him nuts.

  4. emay said,

    December 11, 2006 at 10:38 pm

    Am beginning to understand why a lot of people from all nations hate America.

  5. melba said,

    December 12, 2006 at 12:15 am

    too bad, nicole’s victory has always been tinged with bitterness where our government is concerned.

    worse, the DOJ secretary even hinted that judge pozon be considered by the judicial bar council for the SC post.

    mmmmm, why do i sense bribery?

  6. William said,

    December 12, 2006 at 8:57 am

    Unfortunately for the Philippines this has a worst scenario if a treaty signed with the US is not followed. US and Philippines has a treaty which can be enforced by law, in this case war or the removal of goods. Philippines is a poor nation and can do nothing good unless she cleans her own soil. She has to get rid of the corruption and make unity. However, dismissing the US from your grounds is not a wise move by any means. If Philippines does not send over Smith as agreed to, is the Philippines willing to face a military tactic? If Philippines does not send over Smith as agreed to, is the Philippines ready to loose massive amounts of aid? If the Philippines does not send over Smith, the US will take him back regardless. What is more important is that you work within your government to change policies. This can be done, not by another CHA CHA, but by removing the corrupted politicians and policies. If you want to remove the VFA be willing to support yourself.

  7. Marissa said,

    December 12, 2006 at 11:58 pm

    I ALWAYS WONDER WHY THE BLATANT HATRED FOR AMERICA? FELLOW FILIPINOS-HAVE YOU EVER WONDERED HOW MANY MILLIONS OF GREENBACKS HAVE FLOODED OUR CORRUPT COUNTRY AS AIDS?NOT COUNTING THE AMERICAN DOLLARS YOU GET FROM YOUR RELATIVES FROM THE STATES? SHAME SHAME! I BET THAT IF ANYONE IS GIVEN THE OPPORTUNITY TO IMMIGRATE TO THE STATES,ONE WILL TAKE IT FASTER THAN A STINKY FART COMING OUT OF A HIPOCRITE’S RECTUM!

    P.S. TURN DANIEL SMITH TO US CUSTODY.

  8. Marissa said,

    December 12, 2006 at 11:59 pm

    BY THE WAY,VERY WELL SAID-WILLIAM!

  9. Filipino-American no more said,

    December 13, 2006 at 12:07 am

    I am a Filipino married to an American. I have happily relinquished my Filipino citizenshipm and has NOTHING to do with the Philipines-BY CHOICE.Hey people,if you have mudslides and floods and whatever else…don’t come to us asking for Foreign Aid! Shame on you,do it yourselves if you guys are so smart and can stand on your own.Despicable!

  10. Ederic said,

    December 13, 2006 at 4:37 am

    Dapat talagang i-review itong VFA na ito..

  11. December 13, 2006 at 2:55 pm

    VFA isn’t even a treaty of equals… it wasn’t even ratified by the US senate as befitting a proper treaty.

  12. December 13, 2006 at 7:16 pm

    What was Nicole thinking when she accepted a ride on a van with a bunch of U. S. Marines? I said she accepted because she was not kidnapped. Had she been kidnapped then the court case would be kidnapping against Smith and the others.

    All she had to do was to get off that van and she would have been safe. I cannot believe that she did not have an ulterior motive in that encounter. Her motive was reinforced by Filipino nationalists who continue to long for a “Philippine in hell than a Philippine in heaven with Americans.”

    The Philippines is the “Sick Man of Asia.” She will continue to do so as long as misguided “nationalists” continue to beat their chests for perceived or contrived injuries suffered under American influences.

    And yet deep in almost every Filipinos heart, including Nicole’s, is a yearning to immigrate to the US.

  13. takasashi said,

    December 15, 2006 at 2:57 am

    judge pozon did not violate any terms in the VFA agreement. Art. V, paragraph 6 of the VFA treaty clearly states that ” The custody of any United States personnel over whom the Philippines is to exercise jurisdiction shall immediately reside with United States military authorities, if they so request, from the commission of the offense until completion of all judicial proceedings. United States military authorities shall, upon formal notification by the Philippine authorities and without delay, make such personnel available to those authorities in time for any investigative or judicial proceedings relating to the offense with which the person has been “CHARGED”. In case Smith’s apologists haven’t noticed, Smith’s already been CONVICTED. His US custody has already ceased. The “all judicial proceedings” (with which his lawyers claim should be spent under US costudy) his lawyers are crying about clearly fall under the time with which Smith was CHARGED and tried for an offense. But now he’s convicted so it’s very clear Judge Pozon did not violate any terms of the VFA.

  14. emay said,

    December 15, 2006 at 8:53 am

    Ernesto,

    So you think that because filipinas yearn to be in america, they can allow themselves to be raped by americans. What dah!!! If you were an american, did i hear you say ‘i have the right to rape a filipina bec she wanted to go to America.” If you were a filipino living in US of A, this aptlly applies to you:
    ‘Ang kuto na dumapo sa kalabaw, and akala niya sa sarili niya mas malaki
    pa siya sa kalabaw.’

  15. Gia said,

    December 15, 2006 at 10:06 pm

    I only have two questions in regards to this case. Smith was found guilty of rape and sentenced to 40 years because “Nicole” was “to drunk to have given her consent”. Here are my questions:

    What if Nicole had gotten behind the wheel of a car to drive it and not into a van as a passenger and she ended up killing a child or even an entire family from driving while intoxicated –

    1. Would she not be held accountable for her actions because she was “to drunk to have given her consent” to drive?
    2. Would the establishment who served her excessive amounts of alcohol in the name of profit not hold any accountability too?

    Just a few thoughts to ponder.

  16. Tina Yatco said,

    December 15, 2006 at 10:39 pm

    So much questions for Nicole, yet where is she? Why are her supporters answering for her? What does she have to hide? the truth? Truth is out right? Let me guess this, Nicole’s supporter believes her but Nicole doesn’t believe in her supporters.

  17. Mei said,

    December 16, 2006 at 3:29 am

    if she refused to go out with them ofcourse nothing will happen to her.First of all she knows that she’s alone what are you doing? Are you blind? You’re drunk and going out with the bunch of Marines? We all know that marines are in the mid of the sea for so long and only once ina year or two they’re on the shore. Kung kayo ang nasa ocean for a year, malungkot diba? Pag nasa lupa gusto nila makalimutan ang problema. But not because they want to rape somebody. Watch out girls kung kayo ay uminum ng alak kung kaya ba nyo and if you want to go out bring your sister or brother at least may nakabantay o baka naman walang paki sila. We all knew shes with her sister.

  18. TK said,

    December 17, 2006 at 5:10 am

    kung ikaw nasa kulungan, malungkot diba? kaya pag si ms. smith ginahasa ng mga preso sa makati, kasalanan nya. ang mga preso, gusto lang nila malimot ang problems.

    (isang tounge-in-cheek post lang po ito)

  19. takasashi said,

    December 17, 2006 at 7:00 am

    mei this is my theory regarding of what must have happened. kung titingnan natin si smith guwapo siya di ba. kaya siguro naki-get along si nicole sa kanila. Nicole might have an inkling of what might have happened. But maybe she was thinking that it might be something intimate. siguro like in a classy motel room or somewhere else romantic. but when things took the wrong turn ( sa van ba naman tapos may mga cheerleaders pa – this reminds me of a porn website, ung bangbus.com – i think this is the very thing the marines tried to imitate, panoorin nyo mga videoclips doon, it’s very similar) kaya siguro siya biglang nagdemanda. Nicole may be up for an intimate sex with smith pero hindi sa ganung babuyan. so what’s the best way of getting back at him but to press charges.

  20. marcky said,

    December 17, 2006 at 9:34 am

    for Gia:
    yes, we should all be held accountable for our actions. but your question#1 assumes that it is a crime to drink too much alcohol. well, it’s not. if your hypothetical situation ever happened, then the bereaved could sue nicole for damages. but it did not, because, instead, she was raped by a US marine who was cheered on by his peers (or they just sat there and did nothing, which is a stupid alibi). so nicole can’t be held CRIMINALLY ACCOUNTABLE for that. maybe she’s morally at fault, but that’s DEFINITELY not what this case is all about. it’s a case for RAPE, and the issue is WHETHER OR NOT THERE WAS RAPE. as Judge Pozon has ruled, YES, there definitely was, as proven by the evidence.

    as for your 2nd question, well, i’m not one to cast shame on these establishments. we go back to your premise: we should all be held accountable for our actions.

  21. Mei said,

    December 17, 2006 at 11:45 pm

    TK
    Sorry I’m not in the jail and one thing more di ako gaya ni Nicole in the mid of the night drunk and do dirty dancing with marines. I never drink alcohol and smoking as well. Kaya TK are you a lady or guy if your a lady watch out kung umiinum ka ng alak and don’t go to bars in the mid of the night be sure kasama mo sis or brother mo to protect you but hopefully not LIKE nicoles sister. pinabayaan na sumama sa mga marines. ONLY GIRL ,ONE GIRL WITH BUNCH OF MARINES? MID OF THE NIGHT? buti sana kung may kasama man lang para alam ang gagawin.

  22. Mei said,

    December 17, 2006 at 11:58 pm

    maybe if you’re a guy and you have sisters you alloud them going out in the mid of the night get drunk and do dirty dancing with somebody else. is that the rules of your family? to let your girls out in the evening and just come back home in the morning. Ganyan ba ang masasabing dalagang pilipina? mahinhin kuno. or mahinhin pag sa araw but pag gabi naman iba nagiging masagwa

  23. Mei said,

    December 18, 2006 at 12:14 am

    How about those foriegners coming in the Philippines kapenpal kuno then let those girls go in their hotels and one thing you know may nangyari na sa kanila tapos pinabayaan sila.Maraming ganyan diba? Piinapalabas pa nga sa TV e. Yun dapat ang mahuli but how?

  24. Ricky David said,

    December 19, 2006 at 3:13 pm

    Its beginning to look like there was another rapist on the grassy knoll…. But I must wonder if Judge Pozon is part of this VFA Conspiracy????

  25. Maritess & Russel Knight said,

    December 20, 2006 at 2:28 pm

    Give POZON a US Visa and he will change his tune.This man has given another black mark in the face of the Philippines.Those who think he’s more than fair,raise your hands! Oooooops…..

  26. Melba said,

    December 21, 2006 at 11:17 am

    Judge Pozon may not need a visa after all. For all you know he already got one but is not using it like a number of Filipinos. Please refrain from thinking that America is a gift to us Filipinos because it is not. The hardworking Filipinos, on the other hand are a the gift to America. They who care for your sick and the old , who help you run your errands because honestly, why would America hire Foreign workers if they are not in dire need of some?

    Another thing, so far the black mark that’s more visible in this country is the one the rapist painted on the face of its people and sadly, blurred even more by those who kiss-ass thinking America would save them in coming elections or the next people power.

  27. tina yatco said,

    December 21, 2006 at 5:50 pm

    Melba… you are right, Ameicans are not gifts to the Filipinos… They are a blessing. Everyone in this world is replaceable… America will function without the Filipinos… but can you say the same the other way around? think of all your facts before you respond to that… Please refrain from thinking that america is agift to us filipinos because it is not? Sister.. think free will. think what they want to think. Don’t tell them what to think and not to think because you sound like nicole trying to manipulate the court decision. Read more blogs and some more forums and opinions and survey will tell what is really the black mark. It’s a lady who goes to a bar hooking up and got dumped and cried rape. You are only one person… check out what many have to say. Try again…

  28. Emily said,

    December 22, 2006 at 2:44 pm

    Merry christmas To All, Let Stop our argument here for the sake of bithday of Christ, Our Lord. Its time to forgive and May Peace be with You, specially Nicole.

    Message to Nicole: Nanoond ka ba ng 24 oras, may balita doon na isang bata ang namatay dahil sa pangangaroling. Nabundol sya. Pero imbis na magsampa ng kaso ang magulang ng bata sa driver na nakasagasa, pinatawad na lang nila, kasi may kasalanan din sila sa nangyari dahil pinabayaan nilang mangaroling sa kalsada. At sabi ng ina, ipauubaya na lang daw nila sa Panginoon. Talagang naramdaman ko ang kalinisan at kabutihan ng kanilang puso sa kabila ng kanilang kahirapan.

    Naisip ko tuloy ang nangyari sa iyo, Nicole. Iba iba talaga ang mga tao. Sana magkaroon ka ng katahimikan at tunay na kaligayahan sa buhay, kung iyon ang hanap mo. Again, Peace be with you!

    And to Daniel Smitt: Be Strong in all trials that comes to your life. Always Trust to God, Soon, its your turn to receive justice, just be patience and Fully Rely on God!

    MERRY CHRISTMAS & a PEACEFUL NEW YEAR TO ALL!

  29. forMelba said,

    December 22, 2006 at 9:11 pm

    For MELBA:
    That’s because majority of Filipinos whi emigrate to the US as nannies,etc-not to mention TNT are only qualified for low paying jobs-just like what you mentioned. Those who are born in the US and who are of course-AMERICANS-study and havr greater chance in the mainstream white collar jobs and high paying jobs.Now MELBA,that’s what these minority of of people you are talking about. And okay,MELBA-we do not know how many dances you have done on laps of American GI’s but by the way you sound,you are pretty bitter for not getting much greenbacks,you knos what we mean/
    Why don’t you kiss ass and join the long line up “Hired Foreign Workers” and do something with your life rather than sitting on your ass and grasping air?
    And by the way,MELBA-America is hiring,so what’s the big deal…if Filipinos don’t want to go,why in the hell are there lines of applicants from here to China?
    And by the Way MELBA-if no Filipino would be having sex at the back of a moving van,no Filipino would be tossed out like a pig,got it,MELBA? You choose the behavior,you pick the consequence.Now,MELBA-stick that in your LBFM mind! Merry Christmas,MELBA.
    Ask Santa Claus to give MELBA a US Visa and let’s see how quick she packs up her bayong to work in the US as a “gift to America”!

  30. dollarinvest said,

    December 22, 2006 at 9:29 pm

    Melba’s analogy is rather comical!That just shows how simple minded she can be.
    Well anyway,I don’t think that this is about a rape case because there was no rape.But Pozon,giving daniel Smith 40 years just swayed more Filipinos to the Smith side to a landslide-as we all know.What is this, a power trip?5 years would have been sufficient and Filipinos would have respected the Justice System more than anything.I’m acually amazed on how many supporters Daniel has.
    By the way,did I hear the Balikatan (for Melba’s info: this isd actually a training exercise involving US & American soldiers for the safety of our country) is cancelled temporarily’because of the “ongoing Smith case”?

    Yahooooooooooo….sounds very good to me. Now,Here’s our own soldiers training themselves!
    Melba,ilabas mo ang itak mo!

  31. tina yatco said,

    December 23, 2006 at 5:41 am

    Emily… well said! I like that… I don’t think she can forgive smith because what lies she has to support. Melba would not go to US because of pride but because of pride look what Philippines now.. Puro, Pinas this, pinas that, but little they know kahit anong sabihin, rely ng rely ang pinas sa US. Even made a song “American Junk”.. How many times the apo hiking society went to the US to perform to make money? If it wasn’t for the US would you be using english? Did you know why english is so used in pinas? Anyway Melba.. I am not sure if you need to undereducate or re educate yourself but I am not really sure where you are coming from. Now since you are a supporter of the so called raped girl, tell us why should we believe she was raped? Last time the Filipinos believed somebody just because (ERAP) they want to believe the pinas went to the sznitters.

  32. takasashi said,

    December 24, 2006 at 1:10 am

    what if its the other way around? what if a filipino soldier rapes an american woman in US soil? I wonder how people here, especially the pro-americans would react.

  33. Karl Garcia said,

    December 24, 2006 at 4:20 am

    Happy Holidays, to you! 🙂

    As far as I understand..This site was never for the promotion of hatred of America…The site was about justice..information about rape..because there are many out there who still has their own definition of the word.

    Please do correct me,if I am wrong!

    Again, a blessed Christmas, to all of you!

  34. Tina said,

    December 24, 2006 at 4:50 am

    If a Filipino soldier rapes and american women in US soil? True justice will be rendered.

  35. Melba said,

    December 24, 2006 at 8:26 am

    Balikatan, what for? The Americans were not even able to prevent the Twin tower bombings in 9/11….so why should we believe that they can truly help defend our country. They can’t even get to where Bin Laden is. Hahahaha. I’d rather believe they are using the Philippines as a diversionary tactic against the invasive extremists.

    Listen how Kenney sounded when she recounted the aid the US supposedly have given this country. Panunumbat baga. Mmmmm. really now.

    As for the US visa… hahahaha. That one was funny. Even if there are those who opted to work abroad, believe me there are those who don’t easily jump on every chance they can possibly get or are offered to get a US visa. You know why? I give you 3 reasons among the many others.

    1. People have more important priorities rather than going to the US,
    2. There are Filipinos who simply stay around this country through good times and bad.
    3. There are other better countries to go to besides the USA.

    And certainly, I don’t have a bayong and don’t need to raise and “itak” dito sa mindanao alam mo kung sino

    5 years for a convicted rapist? mmmm… do you really read the laws of this land? What justice system are you talking about then? this one is comical.

    Emily, if you’ve read between the lines, you’ll understand that the parents of the child were more guilty than forgiving. With Smith’s conviction, surely Nicole is more peaceful.

    Tina, by history, a number of us can vividly recall how the “Americans” and their english language creeped and bought their way to this country. If only we were too strong and united a nation to have prevented their getting into this country in the guise of education and goodwill. In retrospect, if colonization was only a matter of choice (as if we were able to prevent it) perhaps, it would have been better if the Britons came instead of the Americans this country would have been in a better shape.

    But of course, either way we never want it to happen.

    As for telling you why Nicole was raped, do you really think it is worth it where you are concerned.

    What is more important is that Nicole has a better Christmas this time around.

    Merry Christmas everyone.

  36. TK said,

    December 26, 2006 at 3:46 am

    we’d stand by the American woman’s fight for justice and move heaven and hell to convict that person who raped her, ofcourse.

  37. TK said,

    December 26, 2006 at 3:49 am

    takasashi’s question is easy. a more difficult question to answer is this: what if an American woman rapes a fifteen year old Filipino boy? How would we react?

  38. JR said,

    December 26, 2006 at 7:46 am

    If there is anything this Subic Rape case has made me realized, it is that there are a lot of Filipinos who do not love the country they are born from.

    Filipino-American no more said – You are just married to an American and even if you do it by choice, you are and will always be a Filipino. Am sorry girl but you cannot go away with it. And you trashing the Philippines like that just makes you look like a social climber who is trying to pretend as someone you are not. Tsk tsk tsk… I really feel so disgusted reading your comment. Philippines might have a lot of crappy politicians, and unfortunately, most of us are suffering from poverty. Unfortunately, we are maybe one of the countries in the world who wouldn’t be able to live alone. We need help so what? Does that equate to us not being able to keep our prides? If you are an American who said what you have said, I will not comment. It is your right to do so but you are not. You maybe have a green card but even if you try so hard to hide it, you are just of us and I am so ashamed of that.

    Fine! America has helped the Philippines a lot. Well, don’t be naive to think that they didn’t get anything in return. Tsk tsk tsk…

  39. Yanig said,

    December 26, 2006 at 2:03 pm

    Nicole, I have been keeping in touch with almost day to day article about you. I really want to know the reason why you avoid reading blogs, newspapers. What else is there to hide? Are you hiding something? YOu won’t be able to live your normal life again if you keep hiding? don’t be upset that Smith has supporters. It’s their freedom to believe he is innocent, same as your freedom to believe you were raped. It’s good you don’t burn bridges with the US Soldiers because you still communicate with your friends. But look at your supporters.. They curse the U.S. Are you going to keep crying yourself to fulfilment all the time? Also, the community doesn’t think Smith is a heartthrub but you think the community think he is a heartthrub and you think he is a heartthrub, that is why went along with him that day. Marry Christmas and learn to forgive I am pretty sure Smith has forgiven you.

  40. Yanig said,

    December 26, 2006 at 3:30 pm

    Melba.. you truly informed us how ignorant you are, in this matter… tsk tsk tsk. The Americans has been helping with the philippines’ defense for a long time. That is why you are still alive… I’m sorry, did you expect the Americans to be perfect in all aspect of the defense? Tell you what thought, it is way better than the philippines defense. We learn from experiences, bloodsheds, histories. Do you really know who asked for help here? We should keep fighting against terrorism regardless what had happened will happen.

    Tell Kenney to bust out some money and aid the Philippines. Call it whatever he wants and the funny is that you believed him right away na panunumbat nga. Let America keep rendering aid to the Philippines, what is wrong with making up for some of our bad doings?

    I know melba that you are not going to jump on a US visa because of pride or you could just be saying that to throw off people from standing up to what you believe in.
    Tell us…
    1. What are those more important priorities than going to the US?
    2. What kind of people does stay around the country through good times and bad? What are those bad times?
    3. Yes, there are better countries to go to the besides U.S., so why the greatest number of Filipinos outside the country are in America?
    If you have a good job or a position in the Philippines, why leave right? Well also think about this way, If you have an opportunity to go to the U.S. and use the agressiveness you did to get that job or position, you should jump on a U.S. visa (Of course your pride says “no” or just simply and american hater), because if you do, you opened an opportunity for someone else to take your place or position that someone who can’t get a U.S. visa.
    “Emily, if you’ve read between the lines, you’ll understand that the parents of the child were more guilty than forgiving. With Smith’s conviction, surely Nicole is more peaceful. “Guilt can cause you to forgive or be more forgiving, but if you don’t have a forgiving heart, you will never forgive… ASK NICOLE! Nicole’s parents had no guilt then… Runs in the family.
    I like that, Melba, do tell us why we should believe Nicole was raped. It is worth it. You must enlighten us of what you know that is not published. It can change our mind. This world is open for free will, at least most of the world. You have spoken so much smack about the U.S. yet one thing I have not seen you said, given, or suggested…. A SOLUTION. A logical legit solution.

    To JR:
    “If there is anything this Subic Rape case has made me realized, it is that there are a lot of Filipinos who do not love the country they are born from.”
    -Please quote those statements that made you think Filipinos don’t love the country they are born from. If they do hate them, they are entitled for a reason.
    PRIDE – Filipinos have a lot of pride and has been keeping its pride. Filipinos are the most ma-pride people I know. Yup! That is why Filipinos are still suffering. How many FILAMs own houses in the Philippines? Why? They swallowed their prides and went to the US. But do they hate the Philipines? NO! Sometimes, keeping your pride is a selfish act..
    America is getting a lot in return from helping the U.S…. Can you name all of them?

  41. TK said,

    December 27, 2006 at 12:35 am

    “Message to Nicole: Nanoond ka ba ng 24 oras, may balita doon na isang bata ang namatay dahil sa pangangaroling. Nabundol sya. Pero imbis na magsampa ng kaso ang magulang ng bata sa driver na nakasagasa, pinatawad na lang nila, kasi may kasalanan din sila sa nangyari dahil pinabayaan nilang mangaroling sa kalsada.”

    Hija, hindi ko napanood ang 24 Oras pero siguro kaya pinatawad nila ang driver dahil sa pagkatapos mabundol ang bata ay agad nya itong tinulungan at humingi ng patawad sa mga magulang.

    siguro hindi nya itinapon sa daan ang bata na parang baboy.

    Iba ang Panggagahasa. Iba ang mabundol ng sasakyan.

    Pwede kitang maaksidenteng mabunggo ng sasakyan. Pero imposible kitang ma AKSIDENTEng magahasa ko.

  42. Mildred Arnell said,

    December 27, 2006 at 1:56 pm

    I am also a Filipino American and have very successful life in the US. By the way,I am not a social climber.I worked hard to have a very productive buiness which I run with my husband,yes-an AMERICAN. I am not pretnding to be what i am not but believe me but if I chose Philippines to where I am now,I’d prefer to be where for so many reasons.

    And yes,you guys have crappy politicians that’s why Filipinos are suffering so much. We used to contribute a lot to the Philippines until we found out our more of our dollar goes gto politicians’ pockets rather than the people who need it,so we stopped.

    I really appalud that the Balikatn is on hold;I really applaud also for the sanctions that could be imposed on the Philippines in review of the Smith case.I lso wish the US will stop pouring at least 500 million dollars to the Philippines.

    After all,the PHILIPPINES DO NOT WANT THE UNITED STATES hanging around your pretty little country,right? If you only know,if the US cuts ties with you,you guys are one less thing to worry about. And JR,keep your pride-it will put food on your table!

  43. Melba said,

    December 29, 2006 at 8:28 am

    Happy New Year everyone!

    May this new year begin a new and peaceful start for Nicole and her family and to all those who have worked so hard and/or have supported her in her fight for justice.

    A blessed New Year too, for those who think otherwise. Having all of us in this venue is best reason why this site is symbolic of justice and free expression and of reaching out even in the midst of differing stands. Isn’t that just great?

  44. FilAm said,

    December 30, 2006 at 2:02 am

    Now that Daniel Smith is FINALLY IN US CUSTODY,for sure Nicole has a much better NEW YEAR!!! What a New Year’s gift that is…

  45. Merryl said,

    December 30, 2006 at 2:11 am

    Read that Daniel Smith is now in US Custody.Now,what’s going to happen? Do we really think that the moment he is whisked away by a convoy of Americans,there is a possibility of the Philippine jail getting him back? I really doubt it.This is going to be another hurdle for Nicole-that is,if she choses to fight it.Sure,I saw it coming.The way it looks,this is just gonna be written is the sand. After all the humiliation that Nicole went through and money her family spent (her mother claims it’s about 2.3 million pesos),it was just a very shortlived jubilation for her and her family.
    Sometimes,pride and “dignity” is very expensive nd whoever chooses to search it pay very dearly.And,this is a very sad case…

  46. Tina said,

    December 30, 2006 at 6:14 am

    Can someone please tell nicole she does not control smith’s destiny. Get on with your life or…. Get a freaking life but don’t go to bars looking for a life. Hoorah! Smith back to U.S. Belat!

  47. Schumey said,

    December 30, 2006 at 8:19 am

    Nicole was raped not once but twice, the latest perpetrator, the very government that swore to protect her. Atty. Marichu Lambino is right, a treaty is not above the sovereign constitution of the land. Its merely an agreement between two countries not with our laws.

  48. TK said,

    December 30, 2006 at 1:26 pm

    I saw it coming too. That’s why in my own small way, I’m trying to keep their (TFSR’s) morale high and their sense of humor intact.

    Tomorrow’s another day.
    Happy New Year to the gallant women of TFSR! mga bwisit 😀

  49. Yanig said,

    December 30, 2006 at 1:48 pm

    Now that Daniel Smith is in U.S. Custody, how is that going to affect the outcome of the case? Nicole is upset because Americans treat their prisoners better than the philippines. Tell me nicole, how is it really going to make you feel better? Justice is their to rule a crime, not to satisfy you.
    Nicole and Nicole’s supporters, hear this… There is such thing as an agreement. You may have manipulated, influenced, or pressured the Philippine Justice (puzon) but you will not break an agreement. To pressure someone to make a decision and not base on facts is corruption.

    Nicole, if you are said to be strong, why hide, why cry?
    Nicole, where did all the donations go?
    Nicole, who are you to control Smith’s destiny?
    Whoever you are, whatever your real name is, stop stipulating!
    The Balikatan would save some lives, if you think you are not responsible for this balikatan cancellation, think again. Start taking some responsibilty on things. Starting with yourself. We all feel sorry for you because you are one SORRY individual.

  50. Alejandro Rios said,

    December 30, 2006 at 3:13 pm

    HAPPY NEW YEAR,Nicole! Look what Santa gave you-Dan Smith is in US CUSTODY.

  51. UPn student said,

    December 30, 2006 at 7:12 pm

    I suspect that the decision of the Court of Appeals will be that Nicole had full control of her senses and that she willingly entered the van. Also that for several hours, she was consistently very positive to the cuddling and groping and all the sexual signals being sent by Marine Smith. Therefore, that evidence supports Daniel Smith’s claim that what happened between “Nicole” and the soldier was consensual sex.
    [After the Pozon conviction, Nicole’s legal team should have negotiated for a minimum amount of jail term for Marine Smith (say, 10 years) plus dishonorable discharge from the US military even if the jail was a US military stockade in Okinawa or New Jersey.]

  52. Karl Garcia said,

    December 30, 2006 at 10:56 pm

    JR is correct sad to say that there are many who do not love their country the Philippines….but still,there is a lot be learned from this situation..

    There are a lot in this world already questioning the dominance of America,and what labelo they get in return:Axis of evil,same label that was used for the enemies in WWII.

    Who is determine,evil?

    bago ako lumayo ng husto….
    comment on history of VFA conspiarcy theory…

    After our senate celebrated in kicking out the us in early nineties,it was Mt.Pinatubo which made them leave,not the senate decision,and since the US,concern of course is China so they still have Okinawa,so it really was not that kind of a victory,we taught we had one on them..now here comes North Korea,have you noticed the Koreans have been moving here little by little,why is that?Is there another conspiracy theory,for this?

    It is hard to do policy making,even with the combined wisom of bloggers,and commenters from radios and the dailies and off course the pressure groups and the lobbyists.

    The VFA is still a work in progress,like any other policy made by our policy makers.

    Ang labo na yata..

    Happy New Year na lang sa inyong lahat!

  53. Karl Garcia said,

    December 30, 2006 at 11:15 pm

    Pardon me for the wrong spellings.

    Let us not hate America ,that much,there are millions of Filipinos there, and a part of it are immediate families of most of us.

    Alam ko na may nagyayari pa din nag kapwa pinoy ang nagpapahamak sa kawang pinoy sa amerika man ,sa Middle east,Sa Africa,Sa Europe at lalo na dito.

    let us stop the hate,if not,minimize it.

  54. Yanig said,

    December 31, 2006 at 2:37 pm

    I would like to challenge all nicole supporters to put their arguements on blogsites (Black and white). Come up with a sentence why should we support Nicole. Don’t rely on signs and yelling and getting into groups and rallying. Facts people! . Stop rationalizing!

    Pozon… You are FIRED!

  55. Michael said,

    January 2, 2007 at 2:15 am

    (palala, lahat ng mga nakasulat ay pawng mga opinyon ko lang)

    After almost a year long strugle of the girl allegedly called Nicole versus Lance Corporal Daniel John Smith, the court have decide. Lance Corporal Daniel John Smith is guilty.

    Hmm…. Yeah I’m a Filipino too, not to be unfair with Nicole, but for me the presiding judge is a bit bias to Nicole. He is under pressure. Laging nakabantay ang mga aktibista na ang layunin ay parusahan ang akusado at hindi lumabas ang totoo. Kaliwa’ t kanan ang mga protesta. Hindi pa napakinggan ang testimonya ng pinaka star witness, ang driver na mismong nasa pangyayari.

    Oo, tayong mga pilipino ay may ganap na simpatya sa ating kapwa pilipino, ngunit minsan tinanong na ba natin kung ano ba talaga ang totoo? Nakarally na agad ang mga women’s rights group , eh isang side pa lang naman ang naririnig nila. At nakaabang sa desisyon ng mahistrado, at kung hindi sang ayon sa kanila angdesisyon, todo rally na sila agad.

    Masyadong maghahanap ng kalayan ang mga babae ngayon. Liberated kung tawagin nila. Mabilis gumawa ng desisyon ngunit sa huli ay biglaan ding babawiin. At kung hindi na mababawi at mababago ay sisigaw ng pang-aapi.

    Ako ay personal na naniniwala na may sex na naganap kina Nicole at Daniel Smith. At naniniwala din ako na ginusto rin iyon ni Nicole nung panahon iyon. Marahil ay natukso sya, naakit, ( pagsa gwapo naman ni smith dong, naku! bagsak ang bataan!!! HEHEHE!!!). Marahil ay nagbago nang isip si Nicole ng nagtagal; naisip nya na mali ang ginawa nya; na hindi naman sya ganon kaliberated ; na isang kahihiyan iyon. Kung kayat sa huli pinalabas nya na rape ang nangyari.

    Opinyon lang po. Kayo? ano sa palagay nyo? bukas ako sa inyong ng opinyon.

  56. Melba said,

    January 2, 2007 at 6:04 am

    Well, it only proved the government’s admission of desperation that they had whisked Smith in the middle away from the prying eyes of the public and beyond the order of the court.

    Nevertheless, no one can take away the fact that “Nicole’ won. A gift no one can take away from her. While Smith remains the rapist in the eyes of law, and his allies has to think up even the dirtiest tactics if only to get his false liberty from the Philippine Jail where he belongs.

    Hold on “Nicole” a higher purpose must be in the can where a more appropriate justice be given your way.

    In the meantime, Kirstie Kenney, George Bush, GMA, Gonzales, Apostol, Puno and others know that what they did never proved that they are better than Pozon, Ursua et. al. They couldn’t confront them because everytime they do… they fail. So they resort to the best things they are wont of doing… cheat their way to freedom.

  57. Observer said,

    January 2, 2007 at 11:11 am

    Being a Filipina, I always catch up on Philippine News. I got curious about this case and found this site. It is interesting, how so many of you “claim” to be Christians and yet one of the basic teachings of the God is ignored. The Bible said “hate the sin, not the sinner”. I have no prejudices and really not taking sides. God willing, justice may have been served. Everything that happens in our lives, happen for a reason. Only HE, Nicole, and Dan will know the truth.

    That being said, I just don’t appreciate all the American bashing, and vice versa. Why generalize? A crime of one person (or a number of them), shouold not quantify the entire race!

    To all those who bash the Americans:
    What about all those Americans that came to the aid of Filipinos during the typhoon? What about all the financial aid, that comes from American’s tax dollars? What about all those American soldiers who are there training with their FIlipino counterparts, who are away from their families during this holiday season? Doesn’t all their generosity and kindness count for something too?

    To all those who be-littled Filipinos:
    I am married to an American as well, but I am still proud to be a Filipina. Although I grew up here in the States, my parents made sure that the Filipino and Chinese traditions, culture, and values were not forgotten. I cherish all of them. I speak Tagalog / Chinese / English to my family at every moment. My husband loves our culture and has great respect for it. No matter where you go, you always have to look back to where you came from. It makes you a better person. We are fortunate to have known more than one culture (American and Filipino). That should have been a blessing and not a burden!

    On a final note:
    It is unfortunate that the Philippines have so much corrupt politicians that it cannot get ahead. Instead of getting angry at other countires who actually provide the Philippine aid, you should look into cleaning up the government. I honestly would like the Philippines to be more self-sustaining. Believe me, we would welcome to have our tax dollars go to the US instead of other countires. US dollars in billions are spent on aid to outside countries, and yet we are paying a hefty price for health care and still have homeless issues too.

    It just hurts that here are so many of us sending aid everytime there is a crises somewhere and yet we see “hate slogans – against Americans”. By the way, Americans are not just “Caucasian” people. Americans are people who live and respect the laws of the US (migrates, included). That means Americans are Caucasian, Black, Asian (Filipinos too), American-Indians, Latinos, Arabs, etc. You name it, we have it! I am proud to be an American. What other county like the United States will allow you to practice any culture, religious beliefs, traditions with no fear of retribution? The US is truly a country who demonstrates Democracy and FREEDOM!

  58. Snow Dawn said,

    January 3, 2007 at 2:17 pm

    I’ve got one thing to say, each one of us has done something and we must suffer the consequences. If the Smith supporters believe he shouldn’t be in jail and Nicole supporters believe she must have justice; well, they both get what is due, right? First, smith made a mistake of messing around in a foreign country, and where is he now? He got sentenced 40 years in jail…

    And what about Nicole? She made a mistake of trusting somebody. I won’t blame her because she maybe wants this “romantic fairy tale” kind of thing turn-into-nightmare! Nicole (or Suzette Nicholas) is just one of the girls who got dillusions of boy-meets-girl from two different worlds, and it didn’t turn the way she wanted. Ending up in embarassment and dissapointment. Don’t blame her. Because every Filipina have the dillusions of love.

    What about the issue of goverment favoring smith by turning him over the us embassy. Just put in our minds that no mattere what he do and no matter where prison he transfer, IT IS STILL A PRISON! and HE’S NOT A FREEMAN NO MORE! Get it, people?

  59. Snow Dawn said,

    January 3, 2007 at 2:30 pm

    Tama lang na makulong si Smith para hindi tularan ng iba pang dayuhang naghahanap ng “trip” sa buhay…

    tama lang na kutyain si Nicole para wala ng Pilipina ang pumaris sa kanya. Dalagang Pilipina po ako bago ako ikinasal. at laging sinasabi ng ating mga magulang sa mga babaing anak: “Umuwi ng sa bahay, bago maghapunan at dapat tulog na sa oras ng pagtulog. Huwag pupunta sa bar upang mag-shopping ng boyfriend! Maraming nagkalat na taong hindi disente at walang gagawing matino sa lugar gaya nito.”

    Hindi ko kinukutya ang mga barhoppers. Ang sa akin eh mag-ingat lang. Dahil kahit saan mo tingnan, kahit kayo pa ang biktima, kayo pa rin ang lalabas na mali. Lalo na pag babae ka. Kasi DALAGANG PILIPINA ka!

  60. Snow Dawn said,

    January 4, 2007 at 3:53 pm

    Sa US embassy man o kahit sa Munti dalhin si Daniel, kulungan pa rin! Kala niyo ba langit ang makulong? Kung si Erap nga lahat ng convenience nasa kulungan niya, nagrereklamo pa rin siya. Kasi nga, walang langit na kulungan!

    Satisfied ka na, Suzette? Ayoko siyang tawaging nicole dahil Suzette naman talaga name niya. Sana masiyahan ka na kasi nakuha mo na ang hustisya. Ayun nakakulong na ang “rapist” mo.

  61. Snow Dawn said,

    January 4, 2007 at 3:55 pm

    Ba’t parang ako na lang ang nag-co-comment dito? Nagsawa na kayo? :p

  62. January 5, 2007 at 1:48 am

    Yanig,

    “I would like to challenge all nicole supporters to put their arguements on blogsites (Black and white).”

    here’s my gauntlet tossed back down:

    http://jester-in-exile.blogspot.com/2006/12/subic-rape-case-resolution-jester-in.html

    observer,

    “A crime of one person (or a number of them), shouold not quantify the entire race!”

    agreed, wholeheartedly.

    smith’s crime in no way should lead to american-bashing, US servicemen-bashing, et cetera. however, with admiral fallon’s threat to suspend the balikatan and relief operations relative to smith’s case stinks of bullying, as does kristie kenney, et al’s machinations — so we can very well be justified with US government-bashing (which is, of course, not synonymous to bashing america — unless you will agree that GMA and the filipino nation are one and the same).

    let’s not be fooled by motherhood statements of “US-RP friendship” or “long-standing amicable relations” like what GMA and Kenney are spouting. what’s going on is exactly what former US SecState Henry Kissinger said: “Nations don’t have friendships; they have interests.”

    the case has gone far beyond nicole and smith. before, i disagreed with those who claimed that the VFA was central to this issue and instead chose to focus on the merits and demerits of the rape case. rape is a heinous and vicious crime, no matter who commits it.

    however, with GMA and her rah-rah boys Ermita, Gonzalez, Puno,et al’s operation to spring convicted rapist smith from RP jurisdiction, my view changed. the case is now beyond nicole and smith — it’s now a contest between justice and the self-interest of a nation-state to whom our country has diplomatic ties.

    and in bending to US interests instead of supporting the co-equal branch of our government (the judiciary), GMA et al have committed a crime.

    TREASON.

    http://jester-in-exile.blogspot.com/2007/01/treason-against-republic-act-now.html

    snow dawn,

    “What about the issue of goverment favoring smith by turning him over the us embassy. Just put in our minds that no mattere what he do and no matter where prison he transfer, IT IS STILL A PRISON!”

    the difference is that in the law of men and nations, an embassy is not the territory of the host government — that’s why it’s called an embassy. the US embassy, in the eyes of the law and diplomacy, is American soil. therefore, the “prison” where smith is detained is an AMERICAN prison.

    if a filipino/ chinese/ japanese/ somali/ whatever foreigner commits a crime against an American in the US, does he not serve his jail time in an American prison? would it not be unjust for the American people for this foreigner to be remanded to the custody of this foreigner’s diplomatic corps?

    same goes for smith and the republic of the philippines.

  63. testing said,

    January 5, 2007 at 7:37 pm

    again i ask:

    a man and a woman have rough and consensual sex. a few minutes or hours or days later, for one reason or another, the woman suddenly decides to accuse the man of rape. what could the man do to prove that he didn’t rape her?

  64. Ricky David said,

    January 6, 2007 at 2:56 am

    To answer your question, if a “filipino/ chinese/ japanese/ somali/ whatever” was a tourist in the US then they would be dealt with as a local which is also the case with Americans in the Philippines, however, if a Filipino diplomat serving his country committed a crime in the US he would be handed over to Philippine authorities and the matter would be dealt with diplomatically, these are the same diplomatic treaties the world over that allow countries to send their nationals overseas.

    That is the Philippines have an agreement not unlike the VFA that protects Filipinos serving their country overseas.

    The fact is our (Philippine) government made a deal and these radicals are only disgracing the Filipino people by suggesting we should not keep our word.

    Like it or don’t like it, the VFA is a deal and a deal is a deal, we must keep our honor and national pride in sticking to what we agreed.

  65. Ricky David said,

    January 6, 2007 at 7:01 am

    “Testing”, this is the million dollar question, or maybe its the 10,000 peso question because that is the amount most commonly paid by foreigners to drop the fake rape charges, yes this is happens all the time.

    But I guess the answer to your question is that in most countries of the world police investigators would question witnesses, however through incompetence or simply to railroad the case, the police decided to charge everyone who was within any distance of the event effectively gagging the witnesses.

    The harassment of the Van driver in particular was nothing more than witness tampering. Suggesting the van driver was in a lower gear made him responsible for the actions of a passenger, I mean really? Did anyone believe this rubbish?

    As this case has advertised the ease to which a fake charge can be accepted in the Philippines it paves the way for many more fake abuses of innocent men, but then again I guess that’s what the radical feminists groups want.

  66. TK said,

    January 6, 2007 at 7:56 am

    testing, if I may, maybe the lesson here is one should not sleep around. And if he does, he better be not caught unlike those dumb convicted rapists and sexually incompetent individuals like Lando navarette, scott peterson, dan smith and ted bundy.

  67. January 6, 2007 at 8:57 am

    i’d agree with you, ricky, but convicted rapist daniel smith does not have diplomatic status. he is merely a member of the armed forces covered by a version of a status of forces agreement.

    remember, convicted rapist daniel smith was OFF DUTY during the commission of the rape, and the VFA itself provides that Philippines has jurisdiction over his crime.

  68. lowell said,

    January 6, 2007 at 10:26 am

    this time im siding nicole – Is it posible to hang those people involved in illegal costudy transfer? starts with the President 🙂

  69. Yanig said,

    January 6, 2007 at 2:26 pm

    crime of one person (or a number of them), shouold not quantify the entire race!”
    agreed, wholeheartedly.
    smith’s crime in no way should lead to american-bashing, US servicemen-bashing, et cetera. however, with admiral fallon’s threat to suspend the balikatan and relief operations relative to smith’s case stinks of bullying, as does kristie kenney, et al’s machinations — so we can very well be justified with US government-bashing (which is, of course, not synonymous to bashing america — unless you will agree that GMA and the filipino nation are one and the same).
    Did you read ADMIRAL FALLON’s reason for suspending the BALIKATAN? I would do the exact same thing. First of all, if you are bad on agreements, I will back out. If you can’t guarantee the safety of the people under my account, I will back out. Prisoners are also treated with dignity and respect. Can makati city Jail guarantee that? You have heard how US prison guards and U.S. detainee ops who misbehave get dealt with, right? If you keep Smith in Makati City Jail and he gets killed by inmates, in Philippine soil or territory while he is appealing, can you guarantee his safety? If he gets killed in Jail (is this a jail that you can guarantee safe?) Are you going to take account for it? What is wrong with a country trying to take care of his people regardless if he is a criminal or not. Suzette was treated like a pig and should have been treated with respect even if she acted like a slut or a prostitute. How many times was this mentioned just to add weight to the case?

    if a filipino/ chinese/ japanese/ somali/ whatever foreigner commits a crime against an American in the US, does he not serve his jail time in an American prison? would it not be unjust for the American people for this foreigner to be remanded to the custody of this foreigner’s diplomatic corps?
    same goes for smith and the republic of the philippines.
    Read the definition of AGREEMENT. Please….
    let’s not be fooled by motherhood statements of “US-RP friendship” or “long-standing amicable relations” like what GMA and Kenney are spouting. what’s going on is exactly what former US SecState Henry Kissinger said: “Nations don’t have friendships; they have interests.”
    So tell us, what is the U.S.’s interest in this BALIKTAN? What is the U.S.’s interest in the Philippines?

  70. Yanig said,

    January 6, 2007 at 3:00 pm

    1. Can the physical injuries Nicole suffered from be done by self-infliction?
    2. Can the “Forced sex” injuries happened because they were rushing (Because of liberty Expiration) and small space in the van to have sex?
    3. Can the Seamen from smith that was on Suzette’s underwear could have been a drop or dripped off from his penis when he pulled the condom out.
    4. Can Suzette first consent to the sex, then in the middle of the intercourse she decided to back out and Smith didn’t know about it.
    5. If Suzette is too intoxicated to Consent, does smith know that? If Suzette is innocent of inviting Dan to have sex with her, then can Dan be innocent of not knowing he was raping her (From Tina)?
    6. If the others were acquitted because they did not know rape is being performed and they were watching and cheering, can smith be in the same boat?
    Can All these questions be answered Yes?
    If rape becomes a case, Rape is only in the mind of the victim. Not so much more of what you did, is what I think. Freedom of stipulation.

  71. January 7, 2007 at 3:38 am

    with respect, ricky, i think that’s a false comparison.

    convicted rapist smith did not at any time enjoy diplomatic status during his stay in the philippines. he was merely a serviceman covered by the RP-US version of a status of forces agreement — while he was on duty.

    even the VFA itself — a flawed treaty as it is — provides that crimes commited by servicemen when they are off duty fall under philippine jurisdiction.

    the US government is reneging on their own word, having taken smith into their custody.

  72. Ricky David said,

    January 7, 2007 at 2:25 pm

    Jester I respect your view but I can’t agree, the comparison I made with diplomatic status is because some people don’t seem to realize that Filipinos are also often protected by agreements while serving their country overseas. Whether it’s diplomatic or other agreements, nationals are protected while serving their country, the “off duty” argument is also irrelevant, you enter immigration under certain conditions and those conditions apply while you are in that country. When a soldier is on shore leave is still “on-duty” and bound by the military, he is only off duty when he takes leave and e.g. jumps on a plane to go on holidays.

    I don’t create this stuff, but having carried a diplomatic passport several times in my life, I am familiar with how these treaties work.

    Another example is the hundreds of Filipinos employed by the Asian Development Bank that are sent overseas for the ADB. These Filipinos travel under a similar agreement and immunity from local prosecution while in the country they are sent to.
    Imagine if a Filipino working for the ADB was held for a rape with very weak evidence overseas, the Philippine Government and People of the Philippines would expect the agreement to be honored and the Philippine government to see that the Filipino got a fair trial. If the foreign country started suggesting they think the agreement was unfair after the event I would expect the Philippine government to throw everything they had into forcing the foreign country to act with honor and keep their promise.

    Whether the VFA is right or wrong I do not care to argue here, but I still say that Smith was arrested under an active agreement and the spirit of that agreement must be fully honored whether we like it or not, the pride of the Filipino is more important than Smith.

    A deal is a deal…

  73. lowell said,

    January 7, 2007 at 11:13 pm

    smith should go to prison he was guilty according to the Philippine court . He did commit crime here in the Philippines it is just fair if he stay in the Philippine prison.. who cares if he died, many filipino people abroad died without our government doing anything to save them…. if smith died in our prison what’s new? convicted people in jail died in prison here in the Philippines… that’s the rotten system of our government! Smith should go to jail not in the AC room of US embassy…

  74. Tina said,

    January 9, 2007 at 5:15 am

    Lowell, YOu need to write your comment on a toilet paper and wipe your butt with it. I’m sorry but I believe I lost some brain cells reading that one. My extreme apologies, Lowell. May you live well with the rest of the vegetables.

  75. Ricky David said,

    January 9, 2007 at 2:04 pm

    Thanks Tina, you really made me smile. Well said 🙂

  76. charing said,

    January 9, 2007 at 4:38 pm

    Wag uminom ng hindi mo kaya, isa pa theres a lot of place where u can have fun at hindi lang sa isang bar. Sabi nga nila, rape daw e bakit nakapag-condom pa? syempre kase di sya sigurado kung malinis sya. From there so obvious kung ano tingin nila sa mga babae sa Pinas HAYYYY…

  77. pedro said,

    January 9, 2007 at 4:57 pm

    Old news but I just have to comment haha.
    Anyone here who has been in that ROOM while the case was going on? Nobody knows the details except Nicole, Smith, the other soldiers, judge, and other “ususero and ususera”. There are some news in newspapers and tv news but I doubt if thats the whole story. The issue is not about the Americans or Filipinos. Is anyone here even a witness to that crime?

    It doesn’t matter if she was too drunk or too stupid or even TOO HORNY. It’s her decision to get inside that van but honey even if you are that easy, rape is rape. Even prostitutes get raped and their ratings are pretty cheap here. Maybe you think Smith is too hot and he can have anyone he wants. It’s not for me to say who is believable, Nicole or Smith. Anyway, doesn’t matter. The Judge said Smith is guilty, so that’s it. End of the story.

    Custody of smith, let the courts decide. No amount of arguing here can move the government or the court’s decision.

  78. January 10, 2007 at 4:21 am

    ricky,

    “he is only off duty when he takes leave and e.g. jumps on a plane to go on holidays.”

    which is precisely what he did… he was on leave when he raped nicole. the VFA itself speaks of the difference between being on active duty and on leave (even shore leave).

    but even if his being off-duty is irrelevant (which it is not)… the vfa has the “one-year clause” which even according to its text, does not include appeal. furthermore, jurisdiction belongs to the philippines, but the place of incarceration must be agreed to.

    the philippines has no jurisdiction over the embassy grounds, which you must know (having held a diplomatic passport) is considered to be american soil. thus, you must know (having held a diplomatic passport) that to bring him back to philippine jurisdiction, an order tantamount to an extradition request must be given — which the US government can choose to refuse.

    this means that the US government has already reneged on the VFA, by violating the agreement on several levels. they did, after all, suddenly make a U-turn and said that appeals should be covered by the one-year clause. they did take the convicted rapist into their custody (embassy officials were there during the midnight escape), which is not philippine jurisdiction. the US government did not themselves accept both the spirit and the letter of the active agreement. for the US government to have fully honored it, several things must have happened:

    1. the US government should not have taken the position that the appeals process is separate from the conviction process. it is only the conviction process that is covered by the one-year clause, where accused rapist smith was innocent until proven guilty; after his conviction starts another process — which is appeals — wherein convicted rapist smith is now guilty until proven innocent.

    2. the US government should merely have made an agreement to have smith incarcerated in a philippine prison — whether it’s bilibid, erap’s place at tanay, or fort santo domingo, it’s not important at this stage — and not have taken custody of him in US soil.

    3. the US government should not have strong-armed the philippine government by threats to suspend military exercises and aid if they don’t get their way, and should have worked through the processes of the philippine criminal justice system. (when admiral fallon said that he was suspending the balikatan and disaster assistance because he was afraid for his men, was he already afraid that any more of his men who would commit sexual assault against filipinas during their shore leave would be convicted in the same manner as convicted rapist smith)?

    the deal was no deal with the US government, especially after US officials and filipino traitors aided and abetted smith’s flight from philippine soil.

  79. Maya said,

    January 10, 2007 at 6:28 am

    lowell, you low life…I hope the US does withdraw military and financial support to the Philippines and that the Abou Sayaff(sp?) gets your ass…in a bad way!!!. Who cares if you died, people die all the time.
    I hope most filipinos don’t think like you do…otherwise, God help all of you. I’m not condoning the alledged rape of “Nichole” (how can you take her seriously…pati alyas niya, americanized!!!)…, they should convict her also for her stupidity, lack of self respect and irresponsibility. She should also sue her siblling and friends who were with her… why didn’t they cover her back. Nagwawala na siya, hindi pa inuwi…they should all be in jail.

  80. lowell said,

    January 10, 2007 at 2:36 pm

    tina and maya your attitude shows what kind of Filipino you are!
    don’t criticize me for what I feel, court decided that smith was guilty… you know both of you wala kayong pinagkaiba kay nicole…. 😀

    peter cool men!

  81. TK said,

    January 11, 2007 at 3:32 am

    Hey, read Tina’s comment. That’s what I call a first class rant.

    Unlike yours truly, she’s PRO-CONVICTED RAPIST SMITH. But she actually made me laugh!

  82. pedro said,

    January 11, 2007 at 6:42 am

    When I was watching the news about the representative of USA enumerating the things they have done for the country, obviously its like “sumbat”. Then they cancelled balikatan .. personalan pala magalit ang AMERICA. I don’t think they should be like that. The balikatan exercise is quite different from the rape case.

    I am neither pro nor anti american. Thank you America for helping us with our defense and for donating money and other things needed by the military. Thank you for helping us when we need man power and supplies when we have a disaster. BUt they shouldn’t tell us what to do just because we received so much help from them. Nakakaawa tingnan country natin, kahit satin na yung na rape, kaya pa rin diktahan ng USA, wala tayo magagawa.. mahirap lang tayo.

    You shouldn’t judge nicole that harshly. I don’t know if she was really raped or not. But some of the comments are so stupid. Even if she was too stupid to go in that van with all that men, Kahit naka spread pa legs nyan at gusto nya nung umpisa, kung sinabi nya pa rin NO sa huli.. NO pa rin yun. Kahit saksakan pa sya nang landi at katangahan.. hay pwede pa rin sya ma rape. Victim blaming is harsh. Kaya marami rape victims hindi lumalabas, kasi feeling nila kasalanan nila, that they lead the rapist to do it. BUt thats not true ok.

    Hindi mag babasa si nicole ng blogs about her, kung talaga rape victim sya. Bawal po yun sa therapy ng rape victims. Kaya wag na maghamon… Ano ba yan crush nyo ba si Smith, okay lang may supporters si smith pero naman a FAN CLUB? LOL

  83. Maxine G. said,

    January 11, 2007 at 12:34 pm

    Nicole wasn’t raped. Why do you think Katrina Legarda didn’t continue to be her lawyer? I’m sure Atty. Legarda realized Nicole is a liar. Nicole was looking for a “good time” with an American and is exactly why she made pa-iwan in the bar with all the guys. She hooked up with Smith in the van. Since the guys had a curfew, they were trying to rush back to the ship. Unfortunately for her, she and Smith were still “going at it” in the van when the guys got in. True, it looks ugly naman that she was left on the side of the road. But that was ONLY because they were rushing to get back. I don’t think they had any intention to dump her like that? They were hoping she would understand the predicament they were in. Siguro she felt stupid that she was left there and then cries, rape?! She’s a cheap girl who asked for free sex, so what the hell was she complaining about? It’s only because she had to make herself look like a victim and she had to stick to her crappy story. Poor Smith, he even went back to the bar the next night to look for her because he felt bad that it was like she was dumped on the side of the road. Little did he know, she was already crying rape. Smith is in jail, whether Philippine or US custody – it doesn’t matter. Nicole is free as a bird, who will forever live with her conscience that she put an innocent man in jail.

  84. Ricky David said,

    January 11, 2007 at 1:54 pm

    Pedro, “Nobody knows the details except Nicole, Smith, the other soldiers, judge”, I think you should have put in the van driver instead of the Judge. Of course you are right and if the Philippine justice system had been capable of competently dealing with this case the Van driver would not have been harassed and accused but rather treated as a witness (the other sailors to for that matter) to what really happened and the case would never have gone to court.

    I have discussed this case with hundreds of other Filipinos in the street, business and even around Subic. I am yet to find one person who thinks Smith is guilty. I truly hope that the international community does not listen to the radicals and communists, because the average Filipino does not swallow this story and does not have faith in the Philippine justice system.

  85. tina said,

    January 11, 2007 at 5:10 pm

    Lowell, So what kind of filipina are we? We are very different from Nicole, I never got drunk. I never went to a Known Pick up bar looking for Good time. What you feel sometimes what makes you, so do not blame us for criticizing you. The comment you make has a DGF factor. Don’t Give a F… Factor. We may think smith is innocent but we care about nicole. Many here will agree that Smith’s life will hit the worse and nicole will live in a World of lie. The Court did not decide that Smith is Guilty, Pozon did. When you hear the word COURT, you think of integrity. Can you honestly say Pozon decided with INTEGRITY. Media, Anti-Americans, Women’s Rights Group, didn’t influence the decision. TELL US. Just because Nicole is Filipina and I am Filipina doesn’t make her right. Smith got right in front of National TV and answered Questions and made his statement with a straight face. I have worked in Investigations for a couple of years and I have studied faces when being interrogated and interview. Smith is not a serial Killer or have been trained to manipulate eye movements. How do I know this? What you don’t know won’t hurt.
    I bet Nicole is so bad in showing a straight face the even in pictures she has to wear shades.
    Now Lowell, Do you work for a Farmer? Because I really see you standing in- line with the Brocollis.

  86. pedro said,

    January 11, 2007 at 6:24 pm

    Haha yeah ricky, I forgot the driver. Of course there are people who think that Smith is guilty, you just havent talked to any. Doesn’t matter man, there’s already a court decision.

    You will find more comments about nicole though because her story was printed out first in the media. They just love to bash Nicole, because of the silly things she did. Well who can blame them, Filipino conservative kuno, they don’t wanna hear girls drinking, having sex with strangers. Even my mom blames Nicole. And Nicole getting inside the van with strange men is the final straw. But I don’t think its fair to say a woman had it coming when she went inside that van with strangers. I am speaking about it generally not about Nicole’s case mind you. There are alot of women who made the same mistake of getting in a car with strangers, maybe because they were horny or too freaking stupid. I’m just saying rape can still happen. Just my opinion haha

    Maxine, even if they were in haste to get back, it would only take 2 seconds for Nicole to put her panty back. And I don’t want to assume things why Atty. Legarda didn’t continue to be her lawyer. Its her prerogative after all.

    Anyway, I am not here to argue or force my opinion about who is telling the truth, Daniel or Nicole because I don’t know really haha. Because frankly, like I said, nobody knows. Its between Nicole and Daniel.

    Guys, lets not argue just because we have different opinions about the case. Its just low, besides no matter what you do, people will have different opinions. And this case is not worth arguing for, it shouldn’t be used to say awful things against America and the Philippines.

    Good day everyone.

  87. wondering said,

    January 12, 2007 at 2:36 am

    I agree with you Ricky, I was in makati during the case. I didnt find anyone either that thought smith was guilty. I even talked to the cab drivers about it thinking maybe someone talked to soriano. Actually I was there the same day they had court not realizing it was one of thier court days. The country is so corrupt you cant blame the americans for the VFA. Americans don’t want a rapist on the loose.. No one wants a rapist on the loose. Maxine is correct too, common sense would tell you that. Americans and filipinos both know whats happening here, it’s the militant womens groups, the media, and the corruption. Both americans and filipinos have to suffer over it. This case never should have went to court, it was ridiculous from the start.

  88. TK said,

    January 12, 2007 at 2:58 am

    Guys, thanks to Judge Pozon, the issue is no longer Nicole. So please stop ganging up on her. Cut her some slack.

    The ISSUE:

    are you FOR convicted RAPIST SMITH.
    OR are you AGAINST convicted RAPIST SMITH.

    I’m against the rapist. I’m not against America or the American way of life. Their way of life CONDEMNS rape of women and children.

    But I sure would like to listen to you guys whose opinions are different from mine.

  89. TK said,

    January 12, 2007 at 3:04 am

    If the opinion of the garden variety “miron/bugoy/stambay” in the Philippine streets is that we should sympathize with the RAPIST, then that really is very sad. I think it’s time for us to become as mature as the AMERICANS and condemn rape in ALL its forms and guises.

  90. Maya said,

    January 12, 2007 at 3:47 am

    lowell wrote,”you know what kind of filipino you are.” Damn right I know what kind of filipino I WAS…a smart one !!! I know that 40 yrs. is too harsh a rule for CONSENSUAL SEX. I know that if I’m gonna get smashed, I make damn sure that someone is there to take care of my ass when I can’t take care of myself. I also know that sitting on a guys lap all night and flirting with him gives him the impression that I’m game for anything… No bud…I’m definitely not like Nicole, I’m not that stupid. I guess going to a prestigous university didn’t teach her the most important thing in life…COMMON SENSE !!!!

  91. Annie said,

    January 12, 2007 at 6:24 pm

    PRO RAPIST FAN CLUB! HA…HA…HA…desperadong pagtatayo ng org.

  92. Yanig said,

    January 13, 2007 at 1:22 pm

    Wow! So Pro-Rapist Fan Club.. That is a classic. So I guess it’s fair enough to say all Nicole Fan Clubs are Pro-SLUT/Pro-Prostitute Fan club. I mean, many times it was said, Slut or Prostitute, Rape is Rape. The process of proving Smith is a Rapist is still going on… That is why the S.C. is still looking at the case. But it was already proven Nicole is a Slut… Hmmmmm.

    TK
    Did you just asked us to cut Nicole some slack? Are you kidding me? Did you know how much slack she got from the court?

    The issue is still Nicole…. The case is still going.

  93. Justice Seeker said,

    January 14, 2007 at 2:34 pm

    TK –
    OMG! We “mature” Americans condemn rape alright, but what we condemn more is false allegations, corrupt/incompetant judges, and imprisonment of innocent people. This ridiculous case would have never ended with a guilty verdict. It may not have ever made it to trial, considering the lack of evidence. “Nicole” would have been charged with contempt of court several times with her over the top drama, especially when she assaulted the accused IN THE COURTROOM. OUR court system is set up to err on the side of the accused to BE SURE that innocents are not falsely imprisoned. That’s why, in criminal cases, you must be found guilty BEYOND A REASONABLE DOUBT. There is nothing but doubt in this case. The circumstantial evidence used to convict in this case is all garbage with the exception of the witness who testified to seeing her carried to the van, the one who testified to seeing her dropped off out of the van, and the doctor who examined her. The doctor admitted that her injuries, though consistant with rape, could have been caused by consensual sex, riding a bike, or menstruation. There were three other witnesses to her entering and leaving the van, who all contradict the two witnesses for the prosecution. Even “Nicole” contradicted the witness who testified that she was put out of the van with her pants down. “Nicole” testified that she had her clothes on properly, with the exception of her jeans, which were on backwards (zipper in back).

  94. Annie said,

    January 15, 2007 at 7:24 pm

    HEY YANIG! WALANG PRO NICOLE FAN CLUB. PRO BANTAY KARAPATAN FAN CLUB MERON PA. KAYA YANIGIN MO YAN UTAK MO BAKA WALANG LAMAN. AKO AY NAG OOBSERBA LANG DITO SA AMERICA. O.K.

  95. pedro said,

    January 16, 2007 at 7:06 am

    So hostile .. meow *hisses* lol
    relax guys..

  96. dude labo said,

    January 17, 2007 at 1:49 am

    Is this case really about Nicole vs. Smith? VFA vs. Philippine Nationalist? Feminist vs. Pro-rapist?

    One thing for sure this case is an indictment of the law enforcement and judicial system. This case should have served as an eye opener on the pathetic state of the law enforcement agencies and the judicial system. It has created more questions than answer and it is apparent that the verdict went the way of the emotional outburst of anti-american sentiments and the judges went along with it who without shame has the gall to tell the press his verdict was in seeing his mother and daugther in Nicole instead of the evidence presented before him.

    The investigator who tried to “broker” a settlement with Nicole is a sad reflection and hopefully not the “sop” among investigators who see’s money making potential instead of concentrating on hard evidence if indeed there was a case to begin with.

    The medical personnel’s tacky approach in asking a “rape” victim if she wanted it to happen shows their inadequacy in dealing with such cases and to have the victim come back in 2 days is unnaceptable. The investigators should prove deeper why it was so, is it because most of the complaints are bogus? Is it because these cases never reach the court that they don’t want to waste their time?

    If indeed Nicole was raped, it is sad that it took tantrums and emotional outburst to get a guilty verdict but at the expense of the courts credibility because the evidence surely did not result in a verdict beyond reasonable doubt.

    The driver was conveniently left out in the parade of witnesses who could have shed light on what he heard and seen but his retraction posed a risk to the prosecution or should we call them persecution team instead.

    Toxicologist and 5 expert at that is truly remarkable when they did their “calculations” on how much alcohol level Nicole may have had. The bartenders testimony is brilliant and shows he is an expert in mixing cocktails. The only problem was the bartender was not sure if he was the one who served the drinks to Nicole as there were 2 other bartenders tending the bar. There is no witness who had actually served Nicole, no one saw how much she consumed and the half sister who was supposed to have drank the same amount was not as groggy drunk because she drank water and urinated simply is not believable. Anyone who has drank to the point of what they have calculated and claimed to have drunk will not be able to recover that fast and easy with just water and peeing.

    The marines stuck to their story till the end, how could the judge dismiss them as pure lies and saying he has no reason not to believe Nicole is just plain BS. What led him to deduce that Nicole was telling the truth and all the marines were liars?

    In the incident where Nicole scandalously pummeled Smith with her handbag with all the crying and tantrum claiming she was tripped by Smith, Ursua’s legal aide said that it was not so but the space is too tight. Smith maybe rigyht that she was trying to kick her and in the process she fell down. Does that mean that the legal aide is also a liar and only Nicole being the “victim” is the most honest? If she can lie in a courtroom full of people would that incident not give you a second thought on how reliable she is?

    Tribal mentality prevailed in this case and xenophobia disguising as anti-vfa with a feminist twist did one young drunk horny marine in that hopefully should not cause a rift in our foreign relationship and how we are seen from the outside world. Whatever the final outcome of this case and when the dust settles whoever wins this case the victory is not on Smith or Nicole and the feminist nationalist but the corrupt law enforcement in cahoots with syndicate scammers using someone like Nicole as a bait in their extortion activities. Why not the stakes just got higher….. 40 years and P100K….. anyone for a one night stand?

  97. espresso said,

    January 20, 2007 at 1:25 pm

    Maxine was asking why Atty. Katrina Legarda did not continue to be “Nicole’s” counsel is tantamount to asking why Atty. Legarda is now lawyering for suspected rapists.

    Though she came in later when the others left, Atty. Ursua helped Nicole win and she stayed with her even when she had to battle almost the entire superpowers of both the Philippines and the United States if only to protect not only Nicole’s case but also the country’s sovereignty when, again, the others were too afraid to defend. And they just left.

    Truth be told, not all who are clothed with fame are credible.

  98. wondering said,

    January 20, 2007 at 4:47 pm

    Judge Pozon needed an out. I honestly believe if he aquitted smith he would have been gunned down like the judge that was shot riding the jeepney the other day. He is also a law professor, no doubt he was grandstanding to impress his students with his interpretation of the VFA. I also believe if this was a barbaric crime of rape beyond any reasonable doubt, the united states would have waved the vfa and turned smith over to the filipines. This was the most primitive and corrupt police and judicial system I have ever seen. The people speak of thier countrys integraty, where is the integraty of honoring an international treaty? Or the integraty of a guilty verdict because one person believes a womans BS. Opinions Ive read people say there was concrete evidence. I see the contrary, toxicologists proved the witnesses lied because Nicole would be comatose if she drank that much. The woman that made a report said an orange condom was thrown on her foot, she saw the van pass five times, they conveniently disregarded her as a witness. Only witnesses that could be manipulated were used. They came out of the woodwork. Why would Nicole lie? Could it be vindictivness or the fact she wouldnt get an american visa if she was charged with prostitution. Why was soriano theatened with perjury if he told the truth? I’ll tell you why, they were determined to let nothing stop them from getting a guilty verdict in this case. I have yet to see any protesting or burning of any flags over the young filipina in kawait that was raped by 17 men. Not one more article in any paper about the woman raped by the tricycle driver or the woman in mindanao that accused the filipine military of molesting her. Only the american and what i dont undertand is if these people hate americans so much, why are americans in the filipines fighting terrorism and aiding the country in disasters. Could it be they rise above the lynch mob mentality of the militant activist groups and realize only when terrorism and corruption are erradicated from the country will it prosper . Only an opinion folks.

  99. right on said,

    January 22, 2007 at 5:22 pm

    Wondering you are completely correct in your above statement. Those are all facts and I think the judge was fearing for his safety and the safety of his family. Its pretty sad when a judge can convict someone on circumstantial evidence, and that no crime was committed, because he might be harmed by someone. This young man was railroaded because Suzette didn’t get what she wanted: i.e money, visa, or an American husband. The truth needs to come out to let this young man get back to his unit. He is wasting away because of a lie!!

  100. melba said,

    January 26, 2007 at 8:08 am

    As far as I can remember the activists are the ones being killed, of late.

    Truth is Smith raped “Nicole”. The evidences revealed. That’s not too difficult to comprehend, right?

  101. kapiz said,

    January 27, 2007 at 12:04 pm

    I was watching Oprah yesterday. The episode was about CHILD MOLESTERS AND rapist. Most of the rapist and molesters got 5 year sentences. And after the 5 year sentence they are back in the streets raping children again. Most of them got arrested again and sentenced to another 2 or 5 years. Its so obvious that they won’t stop raping women and children. So maybe the 40 year sentence to Daniel smith is too much for america.. judging from the way they give their sentences. I mean rapist get 5 years.. what about murderers? 7 years? It is just scary to think that the man who rapes children will be free after 5 years to rape again.

    Philippine justice system sucks, but judging from that show, America can’t be proud either.

  102. Yanig said,

    January 27, 2007 at 3:04 pm

    Evidence: Anything admissable to court that can be used to prove or disprove a crime.
    There were evidences that can disprove the crime was committed and it was and that was not presented. The decision was bias. That’s not too difficult to comprehend, right?

    Maybe the reason why there is a problem with the VFA is because they looked at it and didn’t review it right and said “Let’s just sign it”. same thing with just taking the case as it is. Let’s just take it as he is guilty. yeh… right… cool, that is it…

  103. right on said,

    January 27, 2007 at 5:56 pm

    Melba, Were you there when it supposedly happened. There is no real evidence to convict anyone. Do you think it might be corruption? Hmmmm
    No that couldn’t possible happen because all the witness were credible and the judge was a straight arrow. Right? I think the judge was pressured by all the left-wing groups that were protesting not about the crime but about the Americans being there in the first place. It’s obvious they want the military out of there so they can overthrow the place and control everthing. This has gotten so past the alleged rape and is 100% political. What is really difficult to comprehend is that other rapes happen there, and they are not a big deal.
    40 years for someones lie is a joke.

  104. maya said,

    February 4, 2007 at 4:32 am

    “The burden of proof lies with the accuser. Conviction of the accused is decided when guilt is proven beyond the SHADOW OF A DOUBT.” I believe this is true in all democratic nations…except in the Philippines and most especially if you have the backing of special interest groups. Shame on all of you that politicized this case.

  105. wondering said,

    February 6, 2007 at 11:47 pm

    Truth is Smith raped “Nicole”. The evidences revealed. That’s not too difficult to comprehend, right?

    What evidence am I supposed to comprehend? The toxicologists stated from the testimony given by the witnesses Nicole would have had a BAC of .445 – .5 It would be impossible for Nicole to stand, she would be on the verge of coma and death. That tells me they all lied, plain and simple. Judge pozon thought of his wife and daughter, well I wonder if they would be at subic and get into a van with 4 strange men. This is all nothing but a bunch of vindictive BS. Your sweet little nicole should have been charged with rape. It was her decision not to go home with her friends and get in that van with smith, no one forced her to sit on his lap either at the bar. Nicole should be held in contempt of court and charged with perjury.

  106. marion said,

    February 16, 2007 at 11:51 am

    This is nicole blog and why is that Smith is more dominating than Nicole. it means that there are a lot of supporter for Smith than Nicole and if you go all and search to toher blog, 98% are symphatizing to Smith while the 2% is for Nicole. Therefore. marami talga ang hindi naniniwala kay Nicole. Marami talaga ang ayaw sa kanya dahil nagpakalasing at yan ay hindi maganda sa tinging ng tao.

  107. wondering said,

    February 25, 2007 at 4:30 am

    Should have handed them over to the iraqi’s and let them castrate all of them and then hang um high. 100 years isnt enough for that sick bunch

  108. chona said,

    March 16, 2007 at 9:10 pm

    Ang gulo ng mundo!

  109. mark waterall of u and boracay said,

    January 1, 2008 at 11:20 am

    i am white an english,im 39 years old….i hate the way white western people ,especially americans use,,abuse and belittle filipino…many years ago the yanks did the same,,,they raoed the country ,,,both of its natural resources and of its people ..and now they are doing it al again ,same as some other westerners…. i will always stand and fight for pinoy.pinay over any white man.. all the people in asia hace my support in every way possible…this white trash who did this bad thing should be stoned and let loose on the people in phills so they can give to him their own justice…… its a shame philss dnt have nuclear ,,they should point it straight at the west sp they can carry on with their peacefull,,kind ,,compassionate lives..


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