Cablegate: Prison Visit to Daniel John Smith

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OO RUEHWEB

DE RUEHML #5072 3550930
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O 210930Z DEC 06
FM AMEMBASSY MANILA
TO RUEHC/SECSTATE WASHDC IMMEDIATE 4368
INFO RHHMUNA/CDRUSPACOM HONOLULU HI IMMEDIATE
RUEKJCS/SECDEF WASHDC IMMEDIATE

UNCLAS MANILA 005072

SIPDIS

SIPDIS
CA/OCS/ACS/EAP

E.O. 12958: N/A
TAGS: CASC ASEC PREL MARR RP
SUBJECT: Prison Visit to DANIEL JOHN SMITH

REF: MANILA 5031 AND PREVIOUS

1. NAME: Smith, Daniel John
3. DPOB: June 08, 1985, St. Louis, MO USA
4. PASSPORT: 802002219, issued July 11, 2005
9. CHARGES: Rape
10. PLACE OF DETENTION: Makati City Jail, Makati, Philippines
11. JUDICIAL STATUS: Appeal Pending; Defendant's petition for
transfer of custody to the U.S. Embassy, under the terms of the
Visiting Forces Agreement (VFA) between the US and the Philippines,
is also pending before the Court of Appeals. See reftels for
details.
24. REMARKS: LCpl Smith, USMC, remains at the Makati City Jail, to
which Judge Pozon of Regional Trial Court Branch 139 had committed
him after his December 4, 2006 rendering a verdict of guilty. He
was initially detained in a room normally used as the warden's
office for the warden of the men's detention facility at the jail.
On Saturday, December 16, LCpl Smith was transferred to another
space, which is normally used at the warden's office for the warden
of the women's detention facility.

- Marines / Navy Hospital Corpsmen on TDY from HQ, III Marine
Expeditionary Force (III MEF), augmented by officers from throughout
the Mission, have monitored the conditions of LCpl Smith's detention
24 hours a day. Between December 6 and December 21, III MEF
personnel and Mission officers generally split the 24-hour coverage.
With the arrival of additional III MEF personnel, the Detachment
from HQ, III MEF will provide 24-hour coverage, while keeping close
contact with ACS, which reports to the Embassy working group on this
case.

- Arrest visit completed: Continuous monitoring of LCpl Smith's
detention. Most recent ACS officer visit on December 20, 2006.

- ACS Chief inspected the current facility for LCpl Smith's
detention at Makati City Jail. The current facility is not
air-conditioned; Conoff estimates the temperature inside his room at
80 degrees. The room is a small suite, consisting of two rooms and
a small bathroom. There are two fans in his sleeping area. LCpl
Smith said he is reasonably comfortable.

- The Navy Corpsman monitoring LCpl Smith reported that the guards
had been accommodating of LCpl Smith's needs. A Chaplain from III
MEF visited December 19, and the Seventh Fleet Chaplain visited
December 20. On December 20, the Navy Corpsman accompanied LCpl
Smith on physical training outdoors, his first opportunity to do so
since December 4. (Note: This was partly LCpl Smith's own choice,
since so much media attention has been focused on him. End note.)
Embassy Foreign Service Health Practitioner visited LCpl Smith
during the week of December 11. LCpl Smith said that he is doing
"all right." He maintains a generally upbeat attitude, and meals
provided through a contract arranged by HQ, III MEF are "fine," he
said.

- Conoff also spoke with both the women's warden, Chief Inspector
(Major) Azucena, and the men's warden, LtCol Oreiro, after visiting
LCpl Smith, and thanked both for their cooperation. Both wardens
seemed quite at ease about the current arrangement. The Regional
Security Office continues to work with the warden and jail guards to
ensure Embassy minders get unhindered access, as well to keep press
and other unwanted visitors from LCpl Smith's detention area.

- On December 21, Conoff called Mr. Jim Smith, subject's father, and
reported on his son's condition. LCpl Smith's parents are still
deciding whether to visit their son in January or later. Mr. Smith
expressed concern about the long court process involved in regaining
U.S. right custody, as provided for under the VFA. He said that he
appreciates all the Mission is doing for his son, with whom he
communicates by phone every day. KENNEY

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