Cablegate: Marine Case Update 07/07/06

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OO RUEHWEB

DE RUEHML #2852 1880944
ZNR UUUUU ZZH
O 070944Z JUL 06
FM AMEMBASSY MANILA
TO RUEHC/SECSTATE WASHDC IMMEDIATE 1912
INFO RHHMUNA/CDRUSPACOM HONOLULU HI IMMEDIATE
RUEKJCS/JOINT STAFF WASHINGTON DC IMMEDIATE
RUEKJCS/SECDEF WASHDC IMMEDIATE

UNCLAS MANILA 002852

SIPDIS

SIPDIS

E.O. 12958: N/A
TAGS: PREL MARR KCRM CASC RP
SUBJECT: MARINE CASE UPDATE 07/07/06

REF: MANILA 2793 AND PREVIOUS

1. The trial of the four Marines accused of raping a
Filipino woman continued during the week of July 3 with the
cross examination of Analisa Franco, stepsister of the
complainant, and direct examination of the complainant
herself on July 6. There was no hearing on July 7 due to the
"distraught" state of the complainant. During Ms. Franco's
cross examination on July 3, defense attorneys focused on
conversations that she might have had with the complainant
after leaving the Neptune Club and to what extent alcohol
influenced the complainant's behavior and mobility. Private
prosecutor, Evelyn Ursua, who handled the testimony of the
complainant, established the family situation, the nature of
the relationship with the two American military members who
met them in Subic that weekend, and finally her version of
the timeline of events leading up to the incident. Court was
not in session on July 4 due to the holiday. The prosecution
likely will call perhaps four more witnesses, as well as
continue with the testimony of the complainant on July 10.
The defense attorneys are expected to ask their four clients
to testify once the defense begins, and may also call 1-2
U.S. Marines now based in Okinawa. At a minimum, the trial
should last 2-3 more weeks. At the conclusion of the trial,
the judge will likely then ask the prosecutors and defense
attorneys to summarize the facts of the case from their
perspectives, which usually requires 1-2 more weeks. It
appears that the earliest the judge could issue his ruling
would be sometime in August.

2. SSGT Chad Carpentier gave an interview to local GMA-7
television reporter Lei Alviz on July 5, facilitated by
Embassy Public Affairs in accordance with Department
guidance. The taped segment aired that evening on GMA-7 news
broadcasts at 1830 and 2330, with many newspapers repeating
portions of it on July 6. In the interview, SSGT Carpentier
denied that any crime took place on the evening in question
but declined to give details of what he did witness. He said
he feels no anger for the complainant but stated that she is
"a victim of some of the people surrounding her." SSGT
Carpentier also noted that the other three Marines look to
him for support and that it has been difficult for him to
"maintain strength for them."

3. The Mission's marine case working group members are
trying to clarify whether Judge Pozon legally has the ability
to render both a civil and criminal verdict at the completion
of this trial.

4. Mission continues to provide security, citizen services,
and other support to the Marines. Ambassador met Makati City
Mayor Binay at the July 4th Embassy reception and took
advantage of the opportunity to thank him for the city's
cooperation. Personnel from Third Marine Expeditionary Force
(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.
Kenney

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