Cablegate: Marine Case: Prosecution to Call Ncis Witnesses

VZCZCXRO7401
OO RUEHNH
DE RUEHML #4176 2760303
ZNR UUUUU ZZH
O 030303Z OCT 06
FM AMEMBASSY MANILA
TO RUEHC/SECSTATE WASHDC IMMEDIATE 3229
INFO RUEHNH/AMCONSUL NAHA IMMEDIATE 0037
RHHMUNA/CDRUSPACOM HONOLULU HI IMMEDIATE
RUEKJCS/JOINT STAFF WASHINGTON DC IMMEDIATE
RUEKJCS/SECDEF WASHDC IMMEDIATE

UNCLAS MANILA 004176

SIPDIS

SIPDIS

E.O. 12958: N/A
TAGS: PREL MARR KCRM CASC RP
SUBJECT: MARINE CASE: PROSECUTION TO CALL NCIS WITNESSES
AGAIN

REF: MANILA 4067 AND PREVIOUS

1. This is an action request -- see para 3.

2. The lead prosecutor in the Marine case, Emilie Delos
Santos, informed Embassy that she intends to call NCIS agent
Guy Papageorge and investigator Tony Ramos to testify on
October 5 as part of the Prosecution's rebuttal case. A
subpoena is expected to be delivered to the Embassy the week
of October 2. Ms. Delos Santos said that the testimony will
only focus on the methodology NCIS used to take notes during
their initial interview of LCpl Smith two days after the
alleged incident.

3. Recommendation and Action request: Embassy believes that
the interest of justice will best be served by allowing NCIS
witnesses Guy Papageorge and Tony Ramos to testify again in
this portion of the trial. The Prosecution has assured
Embassy that the rebuttal testimony will be limited in scope
and only center on how NCIS conducted the interview of LCpl
Smith. Also, the NCIS agents have already testified for the
Prosecution once, and we believe allowing them to testify
again will continue to demonstrate the USG's commitment to
abide by the Visiting Forces Agreement. Embassy requests
Department concurrence.

4. Also, SSgt Chad Carpentier and LCpl Smith have jointly
sent a memo to the Embassy indicating their desire to grant
an interview to Lei Alviz of GMA-7, who previously
interviewed SSgt Carpentier in July 2006. The memo states:

-- That the two Marines desire to grant a television
interview to Lei Alviz of GMA-7 at the U.S. Embassy.

-- That they have consulted with their defense counsel, have
been advised of the pros and cons of speaking with the media,
and have made an informed decision to grant the
above-mentioned interview.

-- That they understand that during this interview, they may
not appear in uniform and may only speak on their own behalf
and not in their capacity as Marines.

The memo is signed by both SSgt Carpentier and LCpl Smith.

5. Embassy is facilitating this media request, now set for
October 6, and will send a written memo to the Marines
approving the interview and clarifying the ground rules for
it.

KENNEY

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