US embassy cable - 05MANILA5966

UNCLAS SECTION 01 OF 02 MANILA 005966 
 
SIPDIS 
 
SENSITIVE 
 
STATE FOR EAP, EAP/MTS, EAP/MLS, AND L/EAP 
USPACOM FOR WILLIAM ALDERSON 
USPACOM ALSO FOR FPA HUSO 
SECDEF/OSD/ISA/AP FOR ALLEN 
 
E.O. 12958: N/A 
TAGS: PREL, MARR, ASEC, PHUM, PGOV, KCRM, CASC, RP 
SUBJECT: PROSECUTOR FILES CHARGES AGAINST FOUR MARINES IN 
SUBIC RAPE CASE 
 
REF: A. MANILA 5755 
 
     B. MANILA 5507 
     C. MANILA 5459 
     D. STATE 212917 
     E. MANILA 5371 
     F. MANILA 5348 
     G. MANILA 5317 
     H. MANILA 5300 
     I. MANILA 5231 
     J. MANILA 5138 
     K. COMPACTFLT PEARL HARBOR HI 030112Z NOV 05 
     L. OPREP-3/CTF 76.4/022000Z NOV 05 (NOTAL) 
 
1.  (SBU) Summary.  The Olongapo City Prosecutor filed 
charges on December 27 against four of the six Marines under 
investigation for the alleged rape of a Filipina.  In 
comments to the media, the prosecutor said he intended to 
seek custody of the four Marines once the court had issued 
arrest warrants.  The attorney for the complainant has stated 
she intends to ask for a review of the decision not to charge 
the two other Marines but has not done so as of COB December 
27.  We are awaiting the legal opinion of the counsel of the 
two Marines before moving to return them to their home duty 
station, perhaps as early as December 28.  The prosecutor has 
indicated that he will seek custody of the four charged 
Marines upon issuance of arrest warrants.  We will continue 
to remind senior officials -- and the public, as necessary -- 
that the VFA provides for U.S. custody until the completion 
of judicial proceedings.  End Summary. 
 
2.  (U) Olongapo City Prosecutor Prudencio Jalandoni filed 
charges for rape and conspiracy to commit rape on December 27 
in the Olongapo Regional Trial Court against four of the six 
Marines -- Staff Sergeant Chad Carpentier and Lance Corporals 
Keith Silkwood, Dominic Duplantis, and Daniel Smith -- under 
investigation for their involvement in the alleged November 
1, 2005 rape of a 22-year old Filipina on the grounds of the 
Subic Bay Metropolitan Authority (SBMA).  Jalandoni also 
filed co-conspiracy charges against Timoteo Soriano, the 
driver of the van in which the Marines were riding when the 
purported incident occurred. 
 
3.  (SBU) Speaking to the news media following the filing of 
charges, Jalandoni said he expected the court to issue arrest 
warrants shortly for Soriano and the accused Marines, and 
indicated that he intends to seek custody.  The Department of 
Foreign Affairs had earlier requested custody of the Marines 
(refs D-F).  The Visiting Forces Agreement (VFA) explicitly 
states that US military authorities (in this case, JUSMAG) 
retain custody of any US personnel until the completion of 
judicial proceedings.  The United States is only obligated to 
"take into full account" any GRP request for custody. 
(Comment:  We will advise Department if/when we believe that 
a formal response to the Philippine request for custody would 
be useful.  End comment) 
 
4.  (SBU) Corporal Corey Burris and Lance Corporal Albert 
Lara were not charged in the case.  Jalandoni stated that due 
to insufficient evidence, he was dismissing the complaint 
against the two Marines, stating: "US Military Authorities 
holding them in custody pursuant to the Visiting Forces 
Agreement are hereby authorized to release them unless held 
for some other cause or causes." 
 
5.  (SBU) During a television interview, the complainant's 
attorney, Katrina Legarda, said she planned to file a motion 
for a partial review or reconsideration of the decision not 
to charge Burris and Lara.  Attorney Carlito Zaragoza, whose 
firm is representing both Marines, said he and his fellow 
attorneys were still studying the implications of Legarda's 
plan. 
 
6.  (SBU) Jalandoni told Naval Criminal Investigative Service 
(NCIS) Resident Agent in Charge December 23 that he intends 
to make separate proffers to Silkwood and Duplantis on 
January 9, offering immunity from prosecution to any one who 
turns state's witness.  Jalandoni indicated, with some 
frustration, that Legarda has still refused to grant him 
access to her client. 
 
7.  (SBU)  Comment;  The Embassy retains custody of all six 
Marines.  If the victim's lawyer does not file a motion 
expeditiously -- i.e. by December 28 -- we are prepared to 
proceed with arrangements to move the two Marines who were 
not charged out of the Philippines on a military flight as 
early as December 28.  We will retain custody of the four 
charged Marines.  We continue to believe that a formal reply 
to the Philippine request for custody would be 
counterproductive, but will advise Department if our view 
changes.  End comment 
 
8.  (U) Embassy has provided the following press statement to 
the media in response to numerous inquiries. 
 
BEGIN TEXT. 
 
December 27, 2005 
 
Formal Charges Filed in Alleged Rape Incident Involving U.S. 
Marines 
 
The Office of the City Prosecutor of Olongapo City formally 
filed charges on December 27, 2005 against Staff Sergeant 
Chad Carpentier, Lance Corporal Dominic Duplantis, Lance 
Corporal Keith Silkwood, and Lance Corporal Daniel Smith for 
the crime of rape.  The charged U.S. Marines remain in U.S. 
custody in the Philippines. 
 
The complaints against the other U.S. military personnel 
involved in this alleged incident were dismissed. 
 
The U.S. worked with Philippine authorities under the 
precepts of the Visiting Forces Agreement (VFA) throughout 
the investigation of the alleged incident.  The U.S. will 
continue to cooperate with Philippine authorities in 
accordance with the VFA as the case moves to trial under 
Philippine jurisdiction. 
 
It is a principle of Philippine and American law that anyone 
accused of a crime is presumed innocent until proven guilty. 
The U.S. remains committed to seeing that justice is served, 
and looks forward to a fair and impartial process that can 
provide for a just outcome. 
 
END TEXT. 
 
Visit Embassy Manila's Classified website: 
http://www.state.sgov.gov/p/eap/manila/index. cfm 
Jones