Expect Defense to Be
‘Extremely Cruel’ to Nicole - Prosecution
Prosecution lawyers
said that they are preparing Nicole, the 22-year old Filipina who accused
five U.S. Marines of rape, as she goes to the witness stand next week.
BY
DABET CASTAÑEDA
Bulatlat
IN DEFENSE. Lawyers for the U.S.
Marines accused in Subic rape case
BULATLAT FILE PHOTO |
Prosecution lawyers
said that they are preparing Nicole, the 22-year old Filipina who accused
five U.S. Marines of rape, as she goes to the witness stand next week.
“Kailangan ihanda
siya kasi hindi natin alam kung ano ang gagawin ng defense lawyers sa
kanya. I expect them (defense lawyers) to be extremely cruel to
Nicole,” (We need to prepare her because we do not how what the defense
lawyers will do to her.) said Evalyn Ursua, private counsel for the
complainant. Nicole accused the U.S. Marines or raping her inside a van
at the Subic Bay Freeport Nov. 1.
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In the course of the
trial which had its 13th hearing since June 2, Ursua said her
client has been reacting negatively to what is happening in court. “Minsan
pag umiiyak siya hindi lang dahil sa narinig niya sa testigo kundi sa mga
naririnig at nakikita niya na behavior ng mga tao sa korte,” the
lawyer said. (Sometimes she cries not only because of what she hears from
the witness, but also from seeing how other people behave in court.)
Ursua referred to the
seeming misbehavior of some members of the defense panel who would laugh
and mumble during the hearings.
Intoxicated?
Defense lawyers led
by Jose Justiniano, Francisco Rodrigo and Benjamin Formoso have been
trying to debunk the credibility of the complainant to move to a
conclusion that she had “consensual sex” with the principal accused, Lance
Corporal Daniel Smith.
At the hearing June
23, 25-year old Analiza Franco, Nicole’s stepsister who was with her at
Club Neptune in Subic before the alleged rape took place, took the witness
stand, prosecution tried to establish that Nicole was heavily intoxicated
to have consented to sex.
In her testimony,
Franco said Nicole drank two glasses of vodka sprite, one glass each of
long island ice tea, B 52 and Singaporean sling, and half a pitcher of
bullfrog while three Americans “cheered her on.”
In between Nicole’s
drinking, Franco also said that her stepsister danced twice with the
accused before they left the bar.
The prosecution also
established that the complainant also had nothing but a slice of Yellow
Cab pizza which she ate at around 6:30 p.m.
Nov. 1.
Ursua said that this
is a significant statement because it could determine if Nicole was indeed
intoxicated that fateful night.
In a separate
interview, Justiniano said however that it was not still established that
the complainant was drunk before and during the alleged rape.
“After drinking the
bullfrog, she still danced,” the defense lawyer said, adding that the
complainant was therefore conscious even after drinking different kinds of
alcoholic drinks.
Ursua said that it
was premature to conclude at that point and asked the media to just wait
for the testimony of a toxicologist, one of the expert witnesses they will
be presenting next week. Trial resumes on June 26.
First time
What was most
significant that day, Ursua said, was Franco’s profuse apology to her
stepsister after her more than three-hour testimony.
“Seven months after
the incident, it was the first time Analiza said sorry to Nicole,” Ursua
told the media after the hearing that ended an hour earlier than usual.
Judge Benjamin Pozon adjourned a little after 4 p.m. when he noticed that
the witness could no longer go on with the questioning. The witness was in
anguish as she cried for more than half of her testimony.
The stepsisters
hugged for a long time as people stepped out of the courtroom. Ursua said
that this was the only time that Nicole realized Franco felt guilty about
what had happened.
Not her fault
Franco started
weeping in court when she recalled how she held Nicole’s hand and led her
out of the bar. “Iniwan na tayo ni Chris Mills, kailangan na natin
bumalik sa hotel,” Franco supposedly told Nicole. (Chris Mills has
left us, we have to go back to the hotel.)
Mills was the U.S.
Navy serviceman who invited Nicole, Franco and their 12-year old sister to
Subic for a vacation. Mills was with the stepsisters at Club Neptune on
the same night. In his testimony, Mills said that he left the bar for
about 30-45 minutes to help a certain Garcia settle his differences with a
shore patrol officer. Garcia was Mill’s “liberty buddy” or the assigned
companion during rest and recreation of US troops.
When Franco and
Nicole reached the pathway outside the bar, Franco let go of her
stepsister’s hand and walked faster, thinking that Nicole would catch up
with her. However, Franco told the court she realized after around 15
minutes that Nicole was not behind her. That was the last time she saw
Nicole before the complainant went “missing.”
Franco said that she
and Mills looked for Nicole around the Subic Freeport but did not find
her. It was only at around 2 a.m.
Nov. 2 when Franco saw Nicole. “Nakaupo siya sa silya, tulala,” was
how Franco described Nicole when she saw her at the lobby of their hotel.
(She sat on a chair, staring blankly.)
Ursua said that
Nicole kept telling her stepsister she was not to blame for what had
occurred. “Hindi mo kasalanan, hindi mo kasalanan,” Nicole
supposedly told Franco as the two ladies comforted each other after the
hearing. (It wasn’t your fault, it wasn’t your fault.)
Ursua said that
Franco still has about an hour of testimony as the hearings resume on
Monday. Afterwards, the prosecution will also present Rolando Ortiz, the
medico-legal officer who examined Nicole after she was allegedly raped by
the U.S. Marines. Bulatlat
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