Sunday, December 10, 2006

Daniel Smith vs "Nicole"

My hands and spirit have been too impaired these past few days to write. I'll give it a shot now anyway.

Ed and Shoshana commented to my post "Pay Up, Or Else" and I've been meaning to find the time and strength to respond. Truthfully, the Smith/Nicole case has caused me no little anguish and anger. I've been trying to find some sympathy for the accuser, but I find it hard to dredge up even a little. My wife and her friends outright disbelieve and despise her, so perhaps a little of their disdain has rubbed off on me.

So why don't they believe her? Because they know how things really work here. This is a nation of opportunists, and knowing that, and after watching the trial drag out month after month and hearing all the behind the scenes gossip about her and her "handlers," they believe she is a fraud. Maybe she is and maybe she isn't. The question for me is "Did the evidence show beyond reasonable doubt that Smith raped her?"

In most places in North America the answer would be no. However, in a simplistic place like this obviously a different answer could be and was derived. Not to mention that for hypersensitive "uppercrust" locals with their renowned inferiority complex this wasn't a matter of "he said, she said." No, for many folks hereabouts they saw the trial as "the bigshot USA vs the lowly Philippines." Truth and justice and gradations of those things got lost as Americans were shown that "you can't come in here and do anything you want and get away with it."

Evidently, Smith and company didn't see the conviction coming. The kid was stunned by the verdict because he thought that if he didn't see his actions as rape, and if there was no evidence of the same then he would certainly be found innocent. "Welcome to the Philippines Daniel!" Way back in September I saw an interview between Smith and a local news woman and I could tell he was convinced of his own innocence, and truthfully, I found him sincere. Again though, his fate was in the hands of a judge who had other things to think about besides reasonable doubt and truth.

The judge said he wasn't tampered with or "influenced" by anyone or anything. If you know anything about this place then you know that if people in high places are speaking, chances are high that they are lying. The only time they aren't spouting falsehoods is when they aren't speaking. The man was certainly told by his "masters" how his verdict should go. That is a guarantee. Smith was going to be found guilty no matter what.

Ed, you invoke hindsight and knowledge accrued from experience and sobriety. Both Smith and "Nicole" were drunk and sexually "revved" and very young. He acted like a cad, no doubt about that; and she, it seems, finding herself in disarray the next morning and in search of an "excuse" for her own misguided drunken behavior opted for accusation. (I've learned that folks around here are likely to fix blame on others before looking in the mirror). Once on "that road," she had no choice but to pursue it to the bitter end. And what an end it is....

Smith, in my opinion, is an asshole. He had sex with a young lady after having just met her, and did so in the back of a van while his buddies snickered away in the front seats. After done with the deed he simply dropped her off in a state of dishelvment on the street. Knowing that, even if she originally agreed to intercourse, he proved himself no gentleman. Then again, I was a marine, and knowing the prevailing disrespectful attitude towards women, would I allow any of my womenfolk to be around them during their partying episodes? The obvious answer is a resounding "Hell NO!"

By the way, the American military has more than learned its lesson. Even when there are hundreds of US servicemen in country, as there were last month, there is very little chance that any locals will see them, especially any single women. That's unfortunate since most of us are good guys who would never dream of doing anything close to what Smith did, rape or not. I've read lots of stuff online about how abusive we Americans are to young Filipinas and that is a load of crap. Lots of us have fallen in love with these girls, married them, had children, and took great care of them. My observation is that the men most likely to abuse "pinays" are "pinoys."

Getting into some of the more important "particulars" on the Smith vs Nicole case, supposedly there was bruising in her "nether" parts, which leaves doubt as to his claims that the sex was totally consensual. Just the same, that could be explained away from the heat of passion and from the awkwardness of the place. (not that I would know anything about something like that!) But, as Shoshana intimated, once a woman says the words "stop" or "no" then any continuance on the part of the man means a rape has legally occurred. Thing is, the other witnesses in the van including the Filipino driver said that no such words were uttered by her. Basically, the judge disregarded their testimony. It seems the judge felt that her level of inebriation all by itself meant that she did not have the ability to say no, therefore, Smith is guilty of having sex with an unconcious woman? Seems like a judicial "leap" to me. Then again, the judge wasn't there, so it looks like he used his "special omnicient powers" that judges here are apparently empowered to use when there are no eye-witnesses around to corroborate their verdicts.

Shoshana, rape is a strong word. Like most things in life, there are shades of gray in this case. The judge whopped this kid with the stiffest penalty he could muster, 40 years, basically a death sentence. The best Smith can hope for is a sentence reduced for good behavior, or perhaps an early out through suicide. For me, I would opt for the latter. I am sure he is strongly considering ending his own life about now. I hope he doesn't, because as long as their is life there is hope. Still, prisons here are some of the worst in the world.

Getting back to the judge, he is obviously a simpleton. That was my own judgment of him based on his hyperbolic description of "the crime," which he used to rationalize his ridiculously harsh sentence. A "good" judge is supposed to be thoughtful, thus, before levying such a terrible fate upon someone all extenuating circumstances are supposed to be considered. First of all, he believed nothing from Smith's side, while on the other hand he gave "Nicole" every benefit of the doubt. Smith has no record of ever having done anything violent to anyone before. In most "civilized" places to give 40 years, or life, as punishment, means the judge believes the convicted is likely to do the crime again, yet there is nothing on record or in Smith's demeanor that would lead to such a conclusion.

Smith's new legal team (he fired his original attorney) is now starting into the appeals process. Personally, from what I've seen and from what I know of the justice system here, unless his people pay someone off Smith is doomed.

To give this thing perspective, in the States virtually no one is even aware of this case. Here, everyone knows about it. Its a "little picture" event everywhere outside of the Philippines. Here, its not a case of a 21 year old American male who is supposed to have taken advantage of a 23 year old female. In the US it is at most a topic of passing human interest, while here, it is a subject of great interest all the way to the president. By the way, she's already expressed her "satisfaction" that "justice was done," even before all the appeals hoops have been jumped through. You can't tell me that after hearing the "top dog" voice such a thing that any appeals judge isn't going to be influenced.

After seeing all this played out, after seeing the extreme dislike and resentment displayed in much of the government for Americans, if I had my way, I would end all military affilation and aide to this place. Half of what we donate is pocketed anyway, and virtually none of our military consel is listened to or acted upon. The war on terror be damned. Who needs this shit?

8 comments:

Shoshana said...

It must be very frustrating being in the middle of all that. If the girl's a trollop to begin with, a lot of other women is not going to be sympathetic. In fact, women are more viciuos on their own kind in this respect. It's like those closet homosexual in power, they're harder on their own kind.

It's hard to say who's right or wrong. Of course, there's a part of me which says..WTF was she doing in a van full of men and her drunk? She's asking for it!

Was the punishment appropriate?
If the government is making an example of Smith, he's going to get worse punishment than anyone else. If Philippines justice system is boxed into a corner, they're not liable to be do desperate things. They are going to get it's justice from Smith. Nothing like the "shame" factor to make anyone dig their heels.

If it' as infamous a trial as you indicated it is, then I am not even sure a bribe would free Smith. You'd have to bribe the whole country.

As for corrupt government, there's always that one person who is uncorruptable. If this Judge is it...then Smith is in deep shit.

On the bright side, this Smith person will now have to think twice before whipping his wanker off in the future if he's smart.

I don't know Phil. It's just so easy to have an opinion (meaning me). It's harder to tell fact from lies.

Tuck said...

I did follow the case and the verdict, however, not from your vantage point. This Smith kid is guilty of rape but the fact, the evident and the law if not “rape” for stupidity. Un-consensual sex by any mean is rape. Smith is a victim of circumstance. Since you are very knowledgeable on these kinds of incidence, there were a similar incidence in Okinawa, whereas, the Japan government wanted to expel the entire U.S. military. In fact, it is still considering it in a diplomatic way. I grant that one incidence is not the cause but it is the affect because these incidences built upon each other.

Back to the Smith case: he will not serve 40 years in a Philippine jail trust me. This case is all about the Filipino maintaining their dignity and sovereignty. That is the real issues. Are you knowledgeable on the Status of Force Agreement that the U.S. have in most country with a U.S. present? This agreement stripe a sovereign country of any jurisdiction regarding military personnel. Is it fair? In a Muslin country Smith would have receive the death penalty and a likely chance of being carry out depending upon it relationship with the U.S. Smith will be pardon and release to U.S. custom in a few years. In the mean time, some kind of compensation to the victim is likely

Something about me: I am retired AF too, my first visit there was 1965. I have live there for a long, long, time in Angeles. My wife is also Filipino. My kids were born there, and I have close in-law relationship there with business dealing. I feel a great personal relationship with Filipino people; and, how they treated in their own country. Remember we are always a guest in other country never forget that. This may or may not apply to the Philippines but you know the phase “Ugly-American.” Incidence what we are discussing generate that sentiment. Most foreigners like us as individuals but as a whole, we are still the “Ugly-American.”

Amadeo said...

This was a very sad development when I first learned of it, and I still have not gotten over it. But as you are well aware, there is a very vocal minority there, the proverbial squeaky wheel, that the government now feels has to be appeased somehow. And this probably was a piece of that. And the much weakened presidency there has exacerbated the situation, where the president is now more concerned about her survival rather than following the difficult path of principled governance. We first saw that when the miniscule Iraq contingent was pulled out with too much media attention pushing for it.

My remaining hope is that during the appeals process and when the heat has been diffused somewhat, a more informed and judicious judiciary will be able to amend the very harsh judgment, or maybe even reverse it. My feeling is that the accuser was simply used by ideologues to hammer at the US. Hopefully and as is typically the case, the process is dragged a bit until media attention has died down.

Again, I reiterate that in that country the Anti-American sentiments are shared only by a rather small minority spouting ill-informed talking points little understood by their followers. Remember in past polls conducted, given the opportunity a large bloc of Filipinos would gladly and with no reservations, pack up and leave for any US destination.

For crying out loud, last I looked even the sitting president’s family maintains considerable real estate investments right here in the Bay Area, and I would be bold enough to surmise that maybe more than there, value-wise.

Anonymous said...

"YOU PLAY, YOU PAY."

Sidney said...

Back to the Smith case: he will not serve 40 years in a Philippine jail trust me. This case is all about the Filipino maintaining their dignity and sovereignty.
I totally agree with Tuck's comments.

Let me also say that your view is as biased as anybody else but then in favor of Smith.

However, in a simplistic place like this obviously a different answer could be and was derived. Not to mention that for hypersensitive "uppercrust" locals with their renowned inferiority complex

Honestly I don’t know if Smith is guilty or not (we both agree he is an asshole) but a lot of your arguments are simply against the Philippines and has nothing to do with the Nicole vs Smith case.

PhilippinesPhil said...

Yup Sidney, I'm biased against the local so-called judicial system,which lacks any semblance of justice. Ever notice that no one here of any note is ever found guilty of anything? Reason: it doesn't pay to find anyone guilty of anything who can and will implicate most of the rest of the people of note. Cold hard ugly facts. For the rest of us who are "not of note"... the best play is to stay low, if arrested, pay 'em off... The truth hurts Sydney. Oh, and I've learned a lot more about the Smith Nicole case... he's guilty of nothing but having fun with a party girl. How many girls do you know that are raped after actually helping to put the rubber into place? More painful truth... The only reason the ambassador is fighting so hard for this kid is because she knows he's guilty of nothing but fornication with another fornicator. That's not a crime. Also, if he raped her then why aren't the other two marines and the driver in jail? They were in the same relatively small vehicle. The judge's decision is so faulty on so many different levels as to be laughable. I have lots of Filipino buds who agree that the verdict is a farce, it has nothing to do with me being anti-Filipino. Are my Filipino friends anti-Filipino?

Tuck, in the 80s a young US airmen was found guilty of drug trafficking in Turkey. The US followed SOFA to a "t" and he served his time in prison. He was buggered everynight in his cell by a half dozen horny Turkish gentlemen for all the years of his sentence. That boy was guilty, he had been warned, and we handed him over after the trial. Smith on the other hand does not deserve to serve another moment in prison. At the most he should be saying penance to a priest.

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