MARINE CASE UPDATE 07/31/06

UNCLAS MANILA 003176 SIPDIS SIPDIS E.O. 12958: N/A TAGS: PREL MARR KCRM CASC RP SUBJECT: MARINE CASE UPDATE 07/31/06 REF: MANILA 3065 AND PREVIOUS ¶1. The trial of four Marines accused of raping a Filipino woman continued the week of July 24 with medical testimony from toxicologist Dr. Kenneth Go, who testified that the complainant was intoxicated on the night of the alleged incident such that she would not have been able to consent to sexual activity. Dr. Go also testified that the complainant's level of intoxication explained the temporary black outs she experienced that evening. Defense attorneys questioned his ability to gauge exactly the alcohol level in the drinks consumed by the complainant. Upon defense questioning, he acknowledged that alcohol intoxication can increase desire for sexual activity as well as impair judgment. ¶2. In open court on July 25, three Philippine National Police (PNP) officials took blood from LCpl Daniel Smith in order to compare it to the unidentified male profile DNA evidence found on the complainant's underwear, a process that may take three weeks to complete. The defense had previously asked the PNP for copies of both the female (already identified as the complainant) and the male (unidentified) DNA profiles found on the underwear. However, Judge Pozon denied the request. ¶3. The prosecution now expects to rest its case Tuesday August 1 after the Judge hears its motion to re-install Starex van driver Timoteo Soriano as one of the accused in this trial. If the unidentified male DNA profile is matched to LCpl Smith, it will be marked as evidence without accompanying testimony to that fact, and be included in the prosecution's summary of evidence. There will likely be a one to two week period to prepare and submit this documentation, during which time the court will not be in session. ¶4. The defense attorneys may next submit a "demurral," which is a request that the charges against one or all of the defendants be dropped for lack of evidence. After the judge rules on a demurral the defense attorneys will proceed with their cases. It is expected that they will request as evidence LCpl Smith's clothes from the night in question, and will work via the Prosecution and NCIS to get them. They are still expected to call other U.S. Marines from outside the Philippines who were present November 1 to testify, but have not yet done so. We understand at least two of these individuals are prepared to travel and testify. ¶5. Mission continues to provide security, citizen services, and other support to the defendants. Personnel from III MEF, JUSMAG, Regional Security Office (RSO),and the Consular Section continue to attend all court sessions. RSO remains pleased with the extent and quality of security support provided by the mayor's office and police department. The Consular Section continues to respond to family member inquiries. Kenney