Subic rape case resumes; DNA matching of Smith's blood
After a 16-day recess, the trial of American marine Daniel Smith, charged in the rape of a Filipino woman in Olongapo City in November 2005, resumed on Thursday in Makati City with the prosecution presenting two witnesses in their second appearance on the medico-legal aspects of the case.
The witnesses were Dr. Rolando Ortiz of Olongapo City, who issued the medico-legal report of the incident, and Capt. Edmar Dela Torre of the Philippine National Police (PNP) crime laboratory, a certified chemist who conducted the DNA analysis of Smith's blood samples taken in open court last July 25.
The abbreviated hearing rested the case for the prosecution, and Judge Benjamin Pozon of the Makati Regional Trial Court Branch 139 scheduled the next hearing for September 11.
On that date, defense will commence its testimony but it is not known yet who will be in the witness stand.
Aside from Smith, who stands as the principal accused, the three other American marines charged are Chad Carpentier, Dominic Duplantis and Keith Silkwood.
On cross-examination by defense lawyer Antonio Reposa, Ortiz merely reiterated that among the questions he asked of victim-private complainant identified as "Nicole," was whether or not she has had sexual relations or if she had been pregnant before the alleged incident on Nov. 1, 2005.
Ortiz told the court that the victim admitted to have had sex but had not been pregnant, prompting the victim's irritated mother, Susan Nicolas, to say out loud, "yes, so what else do you want to know?"
Mrs. Nicolas' reaction indicated what private prosecution lawyer, Atty. Evalyn Ursua, told the court as the defense's attempt "to humiliate" the victim-complainant by digging up her sexual history.
During the cross-examination, Ursua continuously torpedoed Rabosa's attempt to force Ortiz to go into the details of Nicole's self-described ob-gyne history. Ursua labeled the questioning "incompetent and irrelevant."
Rabosa insisted the questions he was eliciting cannot be invoked as privileged client-patient communication especially when a DNA analysis (of Smith) is being used in the case.
Dela Torre, on the other hand, categorically stated that the DNA profiles from Smith's blood samples and those in the underwear Nicole was wearing at the time of the alleged rape, matched 99.999 per cent. Dela Torre said that in today's science, this equates to 100 per cent.
Casting aside defense's argument for a "margin of error" and contamination, Dela Torre insisted that his samples met 10 out of the possible 16 markers for DNA analysis, where nine is the minimum requirement.
Highly-revered Jesuit priest, Fr. James Reuter, chair of an American-funded group against women trafficking, attended Thursday's proceedings. (PNA)
The witnesses were Dr. Rolando Ortiz of Olongapo City, who issued the medico-legal report of the incident, and Capt. Edmar Dela Torre of the Philippine National Police (PNP) crime laboratory, a certified chemist who conducted the DNA analysis of Smith's blood samples taken in open court last July 25.
The abbreviated hearing rested the case for the prosecution, and Judge Benjamin Pozon of the Makati Regional Trial Court Branch 139 scheduled the next hearing for September 11.
On that date, defense will commence its testimony but it is not known yet who will be in the witness stand.
Aside from Smith, who stands as the principal accused, the three other American marines charged are Chad Carpentier, Dominic Duplantis and Keith Silkwood.
On cross-examination by defense lawyer Antonio Reposa, Ortiz merely reiterated that among the questions he asked of victim-private complainant identified as "Nicole," was whether or not she has had sexual relations or if she had been pregnant before the alleged incident on Nov. 1, 2005.
Ortiz told the court that the victim admitted to have had sex but had not been pregnant, prompting the victim's irritated mother, Susan Nicolas, to say out loud, "yes, so what else do you want to know?"
Mrs. Nicolas' reaction indicated what private prosecution lawyer, Atty. Evalyn Ursua, told the court as the defense's attempt "to humiliate" the victim-complainant by digging up her sexual history.
During the cross-examination, Ursua continuously torpedoed Rabosa's attempt to force Ortiz to go into the details of Nicole's self-described ob-gyne history. Ursua labeled the questioning "incompetent and irrelevant."
Rabosa insisted the questions he was eliciting cannot be invoked as privileged client-patient communication especially when a DNA analysis (of Smith) is being used in the case.
Dela Torre, on the other hand, categorically stated that the DNA profiles from Smith's blood samples and those in the underwear Nicole was wearing at the time of the alleged rape, matched 99.999 per cent. Dela Torre said that in today's science, this equates to 100 per cent.
Casting aside defense's argument for a "margin of error" and contamination, Dela Torre insisted that his samples met 10 out of the possible 16 markers for DNA analysis, where nine is the minimum requirement.
Highly-revered Jesuit priest, Fr. James Reuter, chair of an American-funded group against women trafficking, attended Thursday's proceedings. (PNA)
posted by OlongapoCity Zambales at
8:00 AM
1 Comments:
What is the point of the DNA?? Marine admitted have sex with "Nicole"??
By
Anonymous, at 8/19/2006 12:20 AM
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