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Subic rape case witnesses


Below are the prosecution and defense witnesses who testified in the Subic rape case trial.

NAME POSITION/ RELEVANCE TO THE CASE DATES OF APPEARANCE SUMMARY OF TESTIMONY

PROSECUTION WITNESSES
1. Tomas Corpuz, Jr. security guard, Neptune Club; first prosecution witness Jun 2 He saw Nicole on the bar's dance floor on November 1, 2005. He described her as "pasuray-suray", "amoy alak".
2. Gerald Muyot security guard, Neptune Club Jun 2, 5, 9 Smith was carrying a nearly unconscious woman on his back, out of the club and into a green Starex van.
3. Ronald Beltz resident agent, US NCIS Jun 5 He interviewed van driver Timoteo Soriano.
4. Joseph Konghun businessman Jun 8 The alleged victim was being unloaded by Americans from a Starex van at the Alava Pier. He identified the accused as the Americans he saw carrying the complainant out of the van, and dumping her on the pavement. The complainant was left behind with her pants pulled down and worn the wrong way. The complainant did not say she was raped.
5. Noel Paule bike patrolman, Subic Bay Freeport Jun 9 He found the complainant at the Alava Pier, crying and apparently drunk. Nicole embraced him and told him not to leave her--"Dito ka lang, huwag mo akong iwan. Pag nalaman ito ng Mama ko, papatayin ako." She also told him, "sabi ko sa kanila, tama na, tama na, pero sige pa rin sila." The complainant did not tell him that she had been raped.
6. Jaime Avila bike patrolman, Subic Bay Freeport Jun 9 He saw the complainant embracing Paule and crying.
7. Guy Papageorge agent, US NCIS Jun 14 Smith admitted to having consensual sex with an "Asian female" inside a Starex van while his buddies cheered him on. Smith did not know the woman's name.
8. Brian Curley special agent, US NCIS Jun 15 Smith told Capt Burrel Parmer, a public affairs officer of the US Marines that he met Nicole at the club, and that she did not want Smith to leave, so the soldier invited Nicole to have sex in the van.

Christopher Mills told him in an interview that even if Nicole was very drunk, she was still in control.
9. Antonio Ramos investigator, NCIS Jun 15 He was present when Timoteo Soriano gave his statement to the SBMA investigators. Contrary to Soriano's claims, the investigators did not hurt the van driver.
10. Genevieve Puno evidence custodian, SBMA Jun 16 She took custody of the evidence--the victim's denim pants, underwear, a used condom, an empty beer bottle and the Starex van. She did not notice any wear or tear on Nicole's pants and underwear, but the condom was somewhat "grainy and sticky."
11. Paquito Torres chief investigator, SBMA Jun 16, 19 Timoteo Soriano Jr, driver of the van rented by four US Marines, was not forced to testify he saw the American servicemen rape a 22-year-old Filipino woman in Subic last November. Before Soriano signed his statement, he was asked by Fiscal Samonte if he had read his statement and if he understood what he said in it.
12. Ramon Paje SBMA investigator Jun 19, 22 Nicole was "hardly intoxicated" but clarified that what he really meant was that she was "very intoxicated." He attributed the mistake to his lack of fluency in the English language.
13. Bruce Warshawsky special agent, US NCIS Jun 20 His interviews with Lance Corporal Justin Bamberger and public affairs officer Burrell Parmer were discussed.
14. Christopher Mills US Navy engineman; Nicole's friend--family friend who invited Nicole and her stepsister to Subic Jun 20 During the trial, Mills pointed to Silkwood, saying he looked like the man he saw dancing with Nicole. He said the she went missing from the bar, and that he found her hours later at the hospital.
15. Melchor Deliquiña SBMA investigator Jun 22 He said he found a condom wrapper in the van when he took pictures.
16. Anna Liza Franco Nicole's stepsister Jun 23, 26; Jul 3 She saw Nicole dancing with one of the accused, then lost sight of her. She found Nicole hours later at their hotel in a state of shock.

A certain "Dr. Estrera" uttered snide remarks upon learning that Nicole was to be tested in connection with a rape incident.

A certain "Ben Natividad" suggested that Nicole should just accept payment for her ordeal.

Nicole was heavily drunk.
17. Roger Sanidad bartender Jun 27 He explained the ingredients contained in the various alcoholic drinks allegedly consumed by Nicole and her stepsister.
18. Dr. Rolando Ortiz Olongapo medico-legal officer; the doctor who examined Nicole 33 hours after the alleged rape Jun 29, Aug 17 The results of his examination of Nicole's genitals are consistent with the allegations of rape.
19. Dr. Raquel Fortun expert witness;
forensic pathologist		 Jun 30, Jul 11 The test used by the PNP Crime Lab is obsolete.
Nicole's bruises are consistent with rape.
20. Nicole complainant Jul 6, 10, 13, 14 She identified Smith as her rapist.

Recounting what happened in the van on November 1, she said she screamed and tried to push away Smith, who was already on top of her. She also heard laughter in the van. The next thing she remembered after regaining consciousness was that she was on the pavement with her pants worn the wrong way.

Her life changed for the worse after the (alleged) rape. The incident also disrupted the lives of other family members.

She remembers what kinds of alcoholic beverages she drank on November 1, 2005, but she doesn't remember what time she drank them.

She testified on how Smith took her out of the Club, how Smith touched and kissed her.
21. C/Insp. Francisco Supe, Jr. expert witness;
chief DNA analyst, PNP Crime Lab		 Jul 18, 20 The panty and condom tested positive for body fluids. Nicole's and a male's DNA was found in the panty; the condom only had Nicole's DNA.
22. Edmar dela Torre DNA analyst, PNP Crime Lab Jul 20, Aug 17 The male DNA [found on the underwear of 'Nicole'] is that of Daniel Smith.
23. Dr. Kenneth Go expert witness; toxicologist Jul 25, 27 Nicole must have been really intoxicated, judging by her actions on the night of November 1, 2005, and by the amount of alcohol she drank. She couldn't have consented to have sex in that state; her drunkenness may also be the reason for her memory lapses.

DEFENSE WITNESSES
1. Lance Corporal Daniel Smith primary accused Sep 11 He had consensual sex with Nicole inside a van on the night of November 1, 2005.
2. Lance Corporal Justin Michael Bamberger Nicole's friend Sep 12 Nicole called and sent him a text message after the alleged rape. She admitted that she was raped, although she initially denied it.
3. Dr. Teresita Sanchez expert witness;
forensic OB-gynecologist		 Sep 18, 25 Nicole's bruises are inconsistent with the injuries usually sustained by rape victims.
4. Staff Sgt. Chad Carpentier accused Sep 19 He saw Nicole at the Neptune Club. She was seated on Smith's lap; they were kissing.

Nicole is not a victim, but a "professional preying on the vulnerability of Smith."
5. Lance Corporal Keith Silkwood accused Sep 21 He denied allegations that he carried Nicole out of their rented van "like a pig"

"I could tell they were kissing, being flirtatious with each other, kind of working out. I could hear what was going on, the kissing sound and giggling."
6. Lance Corporal Dominic Duplantis accused Sep 22He saw Nicole and Daniel Smith kissing and laughing before having sex.
Sources: GMA News, GMANews.tv, Inquirer, criminal complaint
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