Everyone knew she was lying but some women’s groups have an agenda for pushing on the rape case. It’s he said, she said and he said the truth.

There was no perjury in Nicole.
Nicole did not say, she was raped.
It was the prosecution who accused Smith thru politicians and militant org. to advance their cause of fighting the mighty which is the United States.

Nicole is the victim, not of rape by these people who use her for their own propaganda that they are fearless to fight anybody who abuse are maria claras.
But there are no more mahinhins in our filipina cultures, they are now known as japayukis, bruneikis and there is nothing wrong with that, at least we cope up with the changing world in this age of infotel.

Much more, if our filipinas are in constant companions of military personnel like the air force, the marines, armies, the seals that seek R&R in their furlough.
And why not? they are with good looking hunks of the mightiest country in the world.

Enough of hypocrisy in our fight against the mighty.
Nicole was right, she was not raped.
But she was a victim of publicity by the people who used her as their pawn for their own.

Maybe not against Nicole. All what is stated now in that affidavit was well known from the first moment. That she has been ashamed about all what happened, esp. towards parents and her US boyfriend, maybe made her accepting to file her charges as advised and probablt wanted by some people. If Raul Gonzales is correct when saying that she wanted his help to remove the “meaty” parts of her complaint, then it has been long time already clear that there was no rape at all.
That there has been sex was not denied by Smith, but never it has been proved if Smith would have been able to remove Nicole’s said to be bodyfit pants at the limited, uncomfortable space of van seats, no matter Nicole has been practically unconscious drunk or not and to rape her during the short ride. And if it was against her will, how he would let her free for to take down his cloths and to put on a condom? Not to mention that rapers usually do not care about usibg condoms.
One other question is, why Nicole did not leave the bar with her sister or when that US who had invited her had to go? Why staying longer, drink and drink and accept to go with Smith instead to the very near hotel? Even if she did not actively invite Smith to sex, at least he could expect that she accept it after all their dancing, kissing and as she said, maybe more than that.
Might be that now there are “unseen hands” in guiding her to retract, but maybe it have also been unseen (or well seen?) hands influencing her to file the charges. Probably for some people it was a welcome chance for political grandstanding? Really nothing unusual.
Questioning how Nicole could go to the land from where Smith comes is baseless. Maybe it would have been a question if she still would force thecase, but not after she practically absolved Smith. The more, if her new boyfriend is also from USA and they will meet there.
The main problem with this case is, that it has turned from a criminal case into a political matter.
It is the contrary to cases like that of Sarah Balabag, a convicted murderer who has been treated like a hero and a victim of foreign justice. Nobody asked how an ols man who needed help for walking and has been separated by his wife many years ago for being impotent, should try to rape Sarah who easily could escape? And nobody asked why she immediately had a knife and hit the old man more than 30 times just as her defense, since she has not been raped. And did anyone ever file appropriate cases in RP against her, parents and the agancy for falsifying official documents to allow her to leave and to enter KSA if they declared her age as 26 but when arrested, immediately she became a minor to prevent death penalty? It also became a political matter and “the nation” stood behind her because she was a Filipina while Smith is American.

The latest about ‘Nicole’ recanting her rape story continues to affirm the state of justice system in the Philippines. It reminded me of other high profile rape cases in the Philippines that resulted in either deaths or life sentences. There’s no need to mention names but some of these convicted rapists have already died (via lethal injection or in prison) or still languishing in jail. No, I can’t help but doubt the process that have led to their conviction.

Did ‘Nicole’ do the right thing? Yes, because it meant new life for Smith. Does she have to be held accountable for her actions? Yes, because her testimony was key evidence to the case and she lied under oath.

I feel bad for Smith because the more than three years that had gone to waste can never be rolled back to be enjoyed. Hopefully, he will be a free man soon.

let us be perspective here. ever since the birth of our country, thousands of american lives have shed blood & have been tortured to defend our democracy. nicole has recunted through her affidavit. leave her alone so that she can go on with her life. the accused shoulder shoud be given clemancy for the best interest of our country (economy & national security) not unless he is a civilian. we should focus on china for anexing spratly islands basically they stole it from us. we need united states, our guardian of democracy. in the international point of view, we are just considered a third world country. future is our priority not isolation from the US….

that’s what i was thinking. if the Justice Department accepted nicole’s recant, then the Department should charge nicole perjury. how much taxpayer’s money did the trial cost? nicole should pay…

Shame on you Nicole, lalo mo lang pinapababa ang standard ng mga pinay, specially those who are in the united states, my cousin who are married to american has told me mostly of the foreigner looked down on them, her husband almost got into a fight depending her, nakakahiya….

Right on brother, since no one is punished for lying in courst many do it… Look at all the problems of the coursts system and you can see why in the 60s and 70s about 6 “rape” cases a month were filed in Angeles area. All dropped for the money… It continues cuz no one is punished for filing fake cases… Whether land titles, rape, murder or estafa, stay in jail during the trial or pay..What would you do even if you were guilty??

When I first read this story, I knew that the U.S. Solider was not guility.

I am super disgusted that she recanted her story in exchange for a US Visa and a 100k of money. Where is her principles?

See ALL rolling..when NO justice for the culprits…now will be justice for the victim…Was there justice when Smith found guilty by the court..He stayed in the US embassy not in Pinoy JAIL…by now the victim turned around “NO RAPE at all” she can’t remember…Let’s put justice on her by “lying/perjury” etc…I think not FAIR…is it???

disgusted; pitiful; oh, well… what else could we do… i pity those who sympathized with that “B@#*h”, all that’s been done for her and the cries for justice…”pooff”… maybe it’s justice to blame for what she did (mahirap kasi makuha ang hustisya dito sa ating bansa…)

Conscience, cash or visa?

Well, we can at least thank Nicole for alleging rape by an American soldier. At least, we can take a good look at the treaty we entered into with the US. Now we know that there was no meeting of minds as to what was agreed upon in that treaty(?) / agreement. It seems that the US knows exactly what they want when they entered into that agreement with our country and we think we know exactly what they want. So, we both came out happy with the agreement. Except when incidents like Smith’s and China’s unlawful patrolling of Spratlys happen. Only then do we realize what the agreement means to the US. As a colony for a number of years and serving as a military base during the Korean and Vietnam war, I would have appreciated just one brand new helicopter they would have compensated us for every hundred they have provided to Israel. But I guess, US interest is our interest and never mind about details. We can always count on the US to deal with the details. As for Nicole, let’s drink to that.

She should have recanted long time ago because I believe that there’s no rape that happened between her and Smith. Talking about justice, most filipinos who are patronizing her and blaming the american soldier for raping her has no clue about american culture and don’t have any idea about justice. She is the one who lied, she is the one who dragged the entire country to shame and now we should pity her and we should claim that there’s no justice? What a shame. Any Filipinos with analytical thinking will never believe that she’s raped! I am married to an american and been living in the U.S. for a long time and I will never believe that she’s raped! It’s all bogus! I was looking at the video of her lawyer Ursua, she is another clueless person, stating that americans raped filipina women? Huh! When did that happen? Goodness giving a statement without thinking? What law school did she come from? My filipina friends in the U.S. even the one who’s Nicole’s neighbor back in the Philippines won’t even believe that she was raped. What a little lame excuse! Gosh! I am the one being disgusted by Filipino reactions and over reactions to this issue without even using a little bit left of that analytical thinking if there’s any. Also, please study different cultures before you judge americans. Very pitiful!

Automobile, train and airplane the title of a movie I saw starring John Candy and Steve Martin.
Visa, Airplane, automobile and America, the title of a possible movie of Nicole and Smith.

Kidding aside, Nicole made the right decision.
With 12million illegals in the US, Nicole find it the easy way.

JoeyL Says:
Conscience, cash or visa?
+++++++++++++++++++++++++++++++++

With the global economic crisis, of course visa and cash.
Conscience…. it is only in the mind, it is only what you think. As long as Nicole think that what she has done is right, then she made the right decision.
To hell with conscience….

Smith was detained in accordance with the Agreement (VFA). There where to many unanswered questions during the trial for a decision to be made as to guilt or innocence of the accused. Smith has lost 3+ years of his life do to her not stating the truth during the trial. When were the charges of assault brought against her for the assault on Smith during the trial and the contempt of court for her that the judge should have acted on immediately in the court room. All the experts on what her BAC could have been based upon her statement of how much she had to drink was not and is not worth the paper it was written on. There was never mention of her having blood drawn when she reported the incident to have a BAC performed. Oh and where was the jury in this case?

her affidavit never says she wasn’t raped. it was only media’s limited vocabulary that presented it as a “recantation” or a “reversal”. she actually just reiterates that she was too intoxicated to remember the events of the night, which could also be used to bolster that a rape did occur.

on the issue of a supposed exchange of the affidavit for a US visa and P100,000. how come no one is questioning who offered the exchange and why? i think the US is the only one that can give a US visa. why would they want to give a US visa to a girl who accused one of their boys of rape and had him jailed? why aren’t their motives being questioned? or is our venom only reserved for one of our own, the easiest target?

and if she buckled under pressure or disillusionment, who are we to villify her for that? for “giving up” in a culture that believes that women deserve to be raped? how can we condemn her without condemning ourselves at the same time?

i think all this outrage against Nicole is misguided, short-sighted and extremely self-righteous.

NO JUSTICE IN THE PHILIPPINES?

I beg your pardon James. If there is no justice here Cpl. Dan Smith won’t have been convicted for life, right? But you know what? I actually believe in Suzette’s retraction. This time I’m sure she’s telling the truth. From day one, my gut feeling tells me there was no rape, it was consensual sex if you consider carefully every aspect of the event and circumstances up to the very end when the soldiers left her on the road side. Only, the political groups got to her first and used her. See, now that she’s gone to the States the political groups, mostly leftists, ultra nationalist and US visa rejects, are still at it protesting in front of the US Embassy.

You want Suzette punished for perjuring herself. Let her go, man, she has suffered enough embarrassment and shamed herself before the eyes of her people. That’s worse than being sent to jail. It’s time to leave her alone and put all this behind us.

Someone said there’s no justice for the culprit coz he’s staying in the US Embassy not in Pinoy jail. Come on, fella, blame the Pinoys who drafted that VFA agreement and the Pinoy senators that ratified it for accepting such a rotten deal. I didn’t like the raw deal we got in this but to be fair blame the ones who caused it. Go protest and raise hell at the DFA and the Senate.

20mar2009
lasvegasnv

i see that mr.j.petallar e-mailed post originated from ny. upstate ny maybe, it does’nt matter. the matter should be the issue he raised on perjury case against nicole. i am just wondering if mr. petallar is a juris doctor practioneer. if you are, pls. enlightened us how in detail your opening arguement on how you will present the perjury case against nicole in the phil.’s court system.

we are all second guessing nicole’s motive, but we don’t even dare to question why our our judicial sytem is so convuluted and so one sided. what i mean is, if you don’t have a means forget it the law is not on your side.

perception maybe the one good reason nicole change her heart.

perjury, pooh, might as well arrest all the law enforcement personel involve in the case, the prosecutors, the defense lawyers, forensic techs, doctors, trapos, medias, ngo’s and judges.

case is dismiss and close.

kayana2 sends,,,,
lasvegasnv.

A girl who cried wolf. Looks like those who believed her are made to look like fools. Suckers.

Suzette finally WOKE UP.

Both Smith and Suzette were USED in this case because they are young and naive.

Suzette was used by Ursua, Gabriela, Maza, Hontiveros, Legarda, Madrigal, Salonga, anti-Americans., etc.

Suzette was used by Judge Pozon and the Philippine Judiciary System.

This is the beginning of the END of the careers of those users.

The DOJ must pursue a case against Ursua, Gabriela, Bayan Muna, etc., and find out if they pressured and brainwashed Suzette to file the rape lawsuit against Smith. If proven guilty, they can be jailed from six to 40 years.

GOOD!

does principle feed you and let you live in the PI compare what US living can be, stop being hypocrite, its the future that is entail here. lot of people men or women got rape,,its time to move forward and take whats given for best opportunities.

Ang dami dami naman mapupuntahan bakit US pa? hindi ba sa bansang ito nanggaling yung nang-rape sa kanya? at yung mga makabayan like gabriela, bayan at kung sino-sino pang anti-US groups ay lantarang sinusuportahan siya at galit sa america. is this hypocrisy? ow cmon nicole, huwag mong sabihing kasalanan na naman ito ng malacanang? and your parting words before you left is theres no justice in this country?

mukhang wala naman talagang kasalanan tong si pogi eh (smith) napag-tripan lang ni nicole, at dahil kasubuan na, pinangatawan na rin ni nicole na ni-rape nga siya. kung totoong ni-rape siya ni smith, hindi ba dapat sabit yung tatlong marines na kasama ni smith? ang duda ko dito, napasubo na rin yung judge kaya pinangatawan na rin na idiin si smith. kawawang smith..tsk tsk. pero ang mas nagmukhang tanga dito yung “Gabriela”, di ba?

If Panlilio will run for president, maybe it is the the first time I will vote in 14 years.

It is very easy to make it look like a agreement to buy Corp. Smiths freedom but some facts still smack of sensationalizing the story for others benefit.
1. Why did no vocal support or rallies from her hometown in Zamboanga.
2. Why did the driver say he never heard her object?
3. When she was drinking before the alleged rape, why wasn’t the bar owners subpoenaed for their observations?

Now does Corp. Smith deserve to be punished for being a sleezy scumbag? Sure he does. Should he be arrested for public indecency and endangering another human being? Sure he does.
But the grandstanding politicians who if this was done by a fellow Filipino wouldn’t have given 10 seconds of their time should be the ones reprimanded. If you want to earn the respect of your constituents, then show this type of concern to all victims, not just the ones who get you TV and Radio coverage. Go to the people you represent day in and day out and give the same attention.
By the way, I am an American who loves the Philippines and their people. I constantly berate those “foreigners” who abuse and disrespect Filipino people by feeling above others. As for the VFW, it is probably true that the US has the best part of the deal. The truth is though, nobody can better protect the freedoms and democracy of the people any better than the US. Although the Filipino has a strong independent nature, the truth is, the economic and territorial threats that can surface are real and can be best defended with a true ally. Imagine if all things went sour… The Philippines would be no better by the VFW being thrown out and the US would be no better by losing a great friend and ally too!!

My final suggestion is to let cooler, more educated minds negotiate changes in the VFW than to just grandstand and throw it all away.

i think the two parties struck a deal, so there will be no counter-charges. the recantation was drafted by smith’s lawyers. “bout of conscience” really? smith has paid the php100,000 which everyone knows was court-ordered but what his lawyer claims to be “strictly voluntary on the part of Daniel Smith and shall not in any way be construed as admission of liability, of whatever nature…” voluntary my foot. personally i bet nicole received a heftier sum than what was on that receipt. nicole is now granted a US visa. smith’s lawyer has recently declined an interview “out of respect for nicole and her family,” and smith will not file charges against her or the philippine government. the philippine government will not file charges against her either, because though they believe she was raped, they’d really much rather not have an american serviceman in jail for diplomatic reasons. how can anyone believe this recantation to be genuine?

nicole was seen unconscious, dumped on the sidewalk, with her pants half-off. when she regained consciousness, she couldn’t stop crying and sought help. these are circumstantial evidence, but if i were the judge, i’d say there was rape. her recantation didn’t explain this incident, it only said people who gathered around the seawall just assumed she was raped. what else would they assume? sure she flirted with the american, but you don’t * every guy you dance with. she was naive enough and drunk enough to go with all those marines, but that doesn’t justify how she was treated. who in her right mind would consent to sex in a moving van with a stranger, in the presence of other strangers, without even bothering to put her pants back on when it’s over? i think he thought all the women in the bar were ignorant whores. that’s why he wore the condom, and that’s why he thought it was ok to dump her on the pier that way. even if she were a sex-worker, she didn’t deserve to be treated that way. in philippine law, rape is also defined as “carnal knowledge of a woman who is unconscious or otherwise deprived of reason” and the penalty is reclusion perpetua to death. the guy’s guilty as sin. if he were an ordinary filipino, this case would be open-and-shut.

of course the philippine justice system is corrupt. not only can you pay the officials off, you can also pay the victims off. (wowowee anyone?) but i only see hypocrisy in people who criticize it, but then see it not only as an opportunity to commit crimes of their own, but take advantage of it to cover their sh*t when they get caught.

Nicole deserves a break. Our Government failed her by fiddling around while she is hemorraging from too much sensationalizm.

As the song goes, “Where were you when I needed you” applies in her case. True enough, her hearts bleeds for not getting the real justice by sending Ian Smith to a real jail, instead of being confined in the American Embassy.

Picking up the pieces, she has to start a new beginning and leave the god-dumb country for good!

sayang lang oras natin dito mauuwi din sa wala. kakahiya ka nicole

‘Nicole’ didn’t recant, groups assert

http://newsinfo.inquirer.net/inquirerheadlines/nation/view/20090325-196030/Nicole-didnt-recant-groups-assert

Did Suzette Nicolas aka Nicole recant or not? Those who said yes keep deceiving themselves. Why do they think Suzette signed her affidavit for? If they can’t believe Suzette can lie in her affidavit have they wondered if Suzette lied too during the trial? Either way, the fact is Suzette is capable of lying. For money? For a US visa? For political reasons? Whatever, the issue now boils down to Suzette’s character and it showed it is deficient as she could not care less of what people think of her despite the untold shame and great embarrassment the alleged ‘rape’ had brought her. Her affidavit confirms the reputation she has established for herself the night she allowed Dan Smith to make love to her at the backseat of a van in the presence of gawking people. So she was drunk and lost her inhibitions so was everybody else. Recalling the testimony of the driver of the van when asked if he heard Suzette say, “no, stop”, when the alleged ‘rape’ was taking place the driver said none, which contradicted Suzette’s testimony. That tells you who lied. Somehow, Suzette’s lawyer succeeded in preventing the driver from testifying. If I recall, the driver refused to testify as he was threatened of conspiracy to rape if he would.

Now, todays newspaper, shows groups of diverse organization interested on Nicole’s recant statement against Ian Smith, petition the Supreme Court for reinvestigating the affidavit, believing that after all, it may not be authentic.

IF THIS GROUP SUCCEEDS in nullifying Nicoles withdrawal of complaint, I WILL LAUGH AT THE FACE OF CONGRESSMAN MAGSAYSAY OF BATAAN, AND THOSE WHO DERIDE AND REDICULE NICOLE who thinks they are “Hollier than thou.”

Boxing is a game of gentelmen. If there are violators, they are the exemption. But what I want to point out here is that, YOU DO NOT BOX YOUR OPPONENT WHEN HIS GLOBS IS ON THE GROUND.

You people who looks down on Nicole is either a sadist or plain hypocrite. Where is your compassion. What you are doing is like a vulture who feast on a carcass.

You devils advocate!

Ever since, i have such doubts. that nicole might be lying. have you guys watch the movie “Doubt”? that’s how vindictive i am of her.

her lawyers were duped. and they didnt realize that up to now. most of them were lobbied by those who have prejudice against VFA and they use that as their prime case to appeal to fear (argumentum ad metum). it’s like VFA is synonymous to rape.

i can hoepfully say my mothers and my sisters wont be raped by the americans because after all, they do not dance and drink and get drunk with them.

@wonderwoman
“I WILL LAUGH AT THE FACE OF CONGRESSMAN MAGSAYSAY OF BATAAN, AND THOSE WHO DERIDE AND REDICULE NICOLE”

Looks like you already assumed in your mind that Nicole is not a flip flopper. Do you entertain the possibility that she is a flip flopper?

Let me ask you a question: Would you still believe Nicole if she accused a person of another crime?

If Nicole accused wonderwoman of another crime, I “WON’T” make assumption that Nicole is telling the truth until an investigation is finished. Anybody is presumed innocent until proven guilty.

leave her be. let her reconstruct her life. if she says she wasn’t raped then take her word for it. it’s not about perjury or some cause, or VFA, etc… it’s about a woman’s life and her desire to be happy at last - to be happy not from seething anger and vengeance or for some cause alone, but by being free and enjoying a new life in a free space. life is short and we will all die and finally face the Creator. there will be final judgement and a permanent reward or punishment. there, the whole truth about smith and nicole will need no proving, or trial, or process. our human justice has its limitations. so, we pass on to God what we cannot get here.

To Victor Manalac.

Tama ka dyan Victor. Kung talagang may kunsensiya si Nicole, hindi siya magpapagamit kahit kaninuman, maging US, Phil govt, or militant groups. Kung sa paniwala niya ay nagkamali siya ng bintang, eh yun ang totoo kung sinusunod niya ang kunsensiya niya. At sa mga Gabriela, Bayan at iba pang militant groups, tigilan nyo na yan kaka-rally ninyo. Wala namang naitulong yan sa bayan kahit kailan…Sa totoo lang, yang mga nag-ra rally na yan ay marami dyan mga drug addict at mga tamad pumasok sa eskwela o trabaho…prinsipyo prinsipyo, pwe!

Nicole guilty of perjury?
********************************
Nope.
Nicole cannot be guilty of perjury.
The story of rape was not her story but the story of militant org.in the guise of protecting women like gabriela, was concocted by this moonlighting organization.

Nicole cannot be guilty of perjury for her depositions were not her but by her lawyer and persecution who prepared the complaint.
In short, these people should be the one guilty of perjury.
All that was told under oath were all fabricated lies.

Nicole is a victim not by rape but by malicious prosecution.
Who are guilty of perjury?
He lawyer, the persecution and the media that sensationalized the story as accomplice.

And who is the real victim, not Nicole but Smith, the poor american white boy who happened to be in the wrong place called the Philippines.

Men created laws to keep peace and order in the society. Any person has been given the right to file charges as long as they follow the laws that were implemented. In Nicole’s case, it seems she wanted to settle the case due to avoidance of further trouble or maybe she just have her own personal reasons which her supporters in the case couldn’t fathom. With her decision to recant her rape story had created an atmosphere of suspicion which made everybody angry, not just with her supporters but also to those who are hoping for justice, women’s justice against atrocities! Her right was worth fighting for, however, my subconscious mind keeps telling me that maybe her story was just a hoax. What is she thinking?

@victor
“leave her be. let her reconstruct her life. if she says she wasn’t raped then take her word for it”

What do we do to the convicted soldier? Do we also “leave him be” and be kept in jail (or in embassy) for life?

well…she is like playing with us.duh!

I will never symphatized or support that little whores claim of being raped, she knew what she intended to do, when she went along…as if she did not have any prior interaction with those american G.I.’s… Sobra naman ang sistenya kay smith..(40 yrs)—-and about our Agreement or treaty with the U.S.– i dont understand why,some filipinos are so bented on getting the americans out, or the treaty nullify…I mean what good can that do for our impoverish nation ?? what is your nationalistic pride get you,if we loose the only friend that is willing to defend our territory from other asians, like Malaysia, We all know, that this monsters have been doing everything to distabilized our economy, or in the event, that the chinese does not get content on just taking the spratly,but wants to take palawan too- and that is not impossible to think of nowadays (thanks to GMA)–WHO DO YOU THINK,WOULD BE ON OUR SIDE ??? by the time the U.N. makes a decision on anything, our country would be speaking cantonese, or we are al gonna be worshipping some terrorist god…We must not be so haste on kicking the Americans out or nullifying whatever agreement we have with the U.S.—We need our friends,and we must not let “Nicole” or any other golddigger ruin/changed that forever….

Well I find it quite interesting that certain politicians try to sensationalize/politicize american troops presence in bicol and supposed hiring of women for prostitution.

Tell me, how many people of all nationalities, filipino included partake in regular taking of women to supplement their sex drive whilst being married with children? I just don’t get it, when certain politicians try to confuse the real issue at hand here. The issue is a Philippine problem of grave poverty and destitution which drives opportunists such as pimps and other low lifes to try to make money. If the Philippines were to bring itself up by its bootstrings and make itself a viable place to live and work the same women who work as prostitutes would find a better option instead of selling themselves to support themselves and their families. American servicemen are only one group of people who help support this vivid business, so don’t single them out. Deflection of the real problem is good tactics when trying to support a private agenda of trying to put Americans in a negative light. All nationalities are involved so do not single out one who is a popular target. Nicole would not have experienced her endeavor if the government in the Philippines would put into place an infrastructure here that promotes job opportunities with careers in respected and higher paying positions. People must eat and be able to provide for even basic necessities and to survive they do whatever it takes……

Before we judge what Nicole did, let me ask these following questions:

Who is Nicole? What is her social standing here in the Philippines? Does she belong to affluent and powerful family? Is she vulnerable to pressures from the powerful ones? Does the Philippine government, thru the Department of Justice, protected her and her rights? Who is Daniel Smith? Who protected him from the very beginning? Would the American government do anything in order to set him free? How powerful is America? Can it make Nicole change her statement by whatever means? If we could answer these questions honestly in our hearts, then, and only then, we can make the right judgement why Nicole did what she had done…..

rick:
whether nicole’s affidavit suffices to acquit smith or not depends on the legal interpretation by those who have mastery of the law. if recanting legally acquits smith of the crime then by all means he should be sent home to america . if however the conviction stays despite nicole’s statements then the sentence must be carried out with finality at our penitentiary.
the VFA agreement seems to have its loopholes or vague areas which is why the US is keeping smith at the embassy pending decision on smith’s appeal on basis of these vague portions.
my point is simply to take the side of nicole, a woman who has gone through too much already. it is her and her family’s prerogative to do what would be best for her to be happy. her american boyfriend loves her despite her history or what she has been through and inspite of her statements in her affidavit about her behaviour that night. now she is happy. and as such then let us just be happy for her.

YOU KNOW IT SEEM LIKE ALL THE PEOPLE THAT SUPPORTED NICOLE WAS SO SHOCK BUT I WAS NOT SHE GOT WHAT SHE WAS AFTER MONEY THE ROOT OF ALL EVIL AS IT WAS FROM THE BEGINING. REGARDLESS HOW THE INQUIRE WORDS IT TO NOT LOSE FACE SHE WAS ALWAY IN IT FOR THE MONEY AND A TICKET TO AMERICA. HANGING OUT AT BARS WITH YOUNG SOILDERS AND PUBLICLY MAKING OUT WITH HIM
AND DRINKING… SHE WAS NO FOOL SHE OWN HER OWN BUSINESS SHE HAD A PLAN BUT IT DID NOT TURN OUT AS SHE PLANNED BUT AT THE END SHE WANTED THE ALMIGHT CASH… IT HAPPEN EVERYDAY IN THE PHILIPPINES JUST NOT AT THIS LEVEL… WAKE UP PHILIPPINES YOU BEEN DUKED AGAIN AS USUAL…. THE UNITED STATES IS NOT YOUR ENEMY COMMUNISM AND ISLAMIC EXTREMISM AND CORUPTION. THE US ARMED FORCES LEAVING WON’T STOP THE POSTITUTION OR THE CORUPTION… IT JUST THE WAY IT IS STOP BLAMING OTHER AND LOOK IN THE MIRROR.

CA: SMITH NOT GUILTY OF RAPE

http://newsinfo.inquirer.net/inquirerheadlines/nation/view/20090424-201103/CA-Smith-not-guilty-of-rape

I’m happy for US Marine Daniel Smith. I’m glad a wrong conviction by that male RTC judge whose decision was infuenced by public opinion and who failed to appreciate the facts of the case was rectified by three women CA justices no less, and an innocent man was saved from spending the rest of his life in prison.

Even Nicole’s lawyer conspired with the prosecution to threaten the driver of the van where the alleged rape took place with the charge of conspiracy if he testified and told the truth that there was no rape, it was consensual sex. That’s why the defense failed to get the driver to testify. Also, the RTC judge failed to appreciate the issue that Nicole was not totally dead-drunk and helpless. She was absolutely conscious and knew what she was doing for how can she have felt insulted when she heard one of the soldiers say let’s leave the bitch and she angrily replied, “I’m not a bitch” if she were dead-drunk?

Well done lady Justices. Justice is truly served and an innocent man goes home free.

To the Philippine Inquirer..Cpl Smith is innocent..get over it.

This is why I never agreed with the original conviction. It was clear during that time that the judge was pressured by the communists into convicting that soldier. I still believe that no damning material evidence was presented to truly support the crime was ever committed. This is the problem with our justice system and police handling of crimes. We don’t have good police forensics teams and investigators are more inclined to gather a bunch of witnesses with their own motives instead of convicting criminals based on material evidence. Remember Lacson’s witnesses who wears those extra dark glasses. This is the problem with witnesses in the Philippines. You can get as many witnesses as you want for a few hundred bucks. Our police force and courts should convict a criminal based more on material evidence than on the statement of witnesses. This is how it is done in the rest of the world.

This kind of thing keeps going on everywhere. Similarly this just happened in Alabama, involving all white people. More recently, it involved one white teenage girl and several non-military white men approximately the same age as this LCpl Smith character. This Marine was doing something that he never had previously received any proper training for. He was drinking alcohol. He also never received any kind of decent home-schooling from his sorry-ass-worthless, low-down, immigrant parents; probably both from Ireland or somewhere; who cares?? How did he ever get the last-name of SMITH, anyway?? Was it given to him thru ACCUPUNCTURE?? Give me a break. I am a former Sergeant in the U. S. Marine Corps! I would have blown this maggot away with my Service-45 if I ever caught him treating my sister the way that he treated this girl, as what he she courageously testified to in a Court of Law. As far as labeling her a prostitute, what the hell is Smith’s mother anyway, A NUN?? Actions unbecoming that of a member of the United States Marine Corps!! That means; Six-Six-And-A-Kick!! Make It Maggot!! Get him outta here!! It’s garbage like this that makes me sick!! Also, no more alcoholic beverages allowed for this irresponsible criminal, either. BTW, I’m NOT Asian. I’ m also a White Man too!! I am more proud to say that I am a former Marine than I am anything. That’s my label and I am happy with it. Semper Fi!

as hindsight, the CA’s decision to acquit Smith and their reason or basis for the acquittal should also serve as a reminder to all judges, prosecutors and defense lawyers : that their decision should be based on facts and evidence and the rules that guide their decision making. again i am reminded of a speech from the chief justice when he said that judges must decide on what is correct even if he stands alone on that decision.
that requires courage.

Nicole is Pathetic.