Nicole’s mother challenges DOJ to reopen case

The mother of the Filipina who accused an American soldier of rape asked the Department of Justice (DOJ) yesterday to withdraw the manifestation to submit the case for resolution filed by state prosecutors last Thursday.

In a press briefing in Quezon City, the mother of "Nicole" challenged the government to prove that it has not betrayed her daughter by deliberately trying to lose the case.

"I really challenge him. Bigyan niya kami ng rebuttal (Give us a rebuttal)," she said in an emotional statement, referring to Justice Secretary Raul Gonzalez.

Nicole’s mother lashed out at how government lawyers handling the case junked the original plan to present rebuttal witnesses and evidence.

On Thursday, the DOJ panel of prosecutors ended the marathon hearings with a manifestation telling Branch 139 Judge Benjamin Pozon of the Makati City regional trial court (RTC) that they are submitting the case for resolution.

Earlier, they said they would again present US Naval Criminal Investigation Service (NCIS) special agents Guy Papageorge and Tony Ramos along Nicole to counter the testimonies of defense witnesses.

But without telling Nicole’s camp or her private lawyer Evalyn Ursua, the prosecution panel headed by Senior State Prosecutor Emilie Fe de los Santos told the court that it had changed its mind.

Nicole’s mother expressed rage over how the DOJ lawyers allegedly performed poorly and how one of them even tried to convince her to enter into a settlement with the families of the accused US Marines.

"Lumapit ako sa kanya, lumuhod ako sa kanya, dalawang beses akong lumuhod (I approached her and kneeled before her and did it twice)," she added, referring to how she allegedly asked De los Santos to allow Ursua to cross-examine Lance Corporal Daniel Smith, the principal accused, when he took the witness stand.

She, however, hailed State Prosecutor Hazel Decena-Valdez for standing up to what she thinks is right and for denouncing what she believes is wrong.

"May mga tao pa palang may prinsipyo (There are still people with principles)," she said after Decena-Valdez issued a dissenting opinion on the issue of whether the prosecution should present rebuttal witnesses and evidence or not.

Valdez accused Delos Santos of doing it (the manifestation to submit the case for resolution) behind her and Nicole’s back in utter bad faith.

She said she was not told that the rest of the members of the team had decided to forgo the rebuttal until it was too late.

Pozon gave the prosecution and the defense 30 days to file their respective memoranda and has tentatively scheduled the arraignment on Nov. 27.

Former University of the Philippines (UP) president Francisco Nemenzo, who is now affiliated with Laban ng Masa; Joel Rocamora of Akbayan, Sister Arnold Ma. Noel of Balay Rehabilitation Inc., Jelen Paclarin of a lawyer’s organization called Alternative Law Groups, UP Professor Roland Simbulan and Dr. Guy Estrada of the group Likhaan, declared support for Nicole and her family.

Ursua, in an interview with The STAR, said it is not too late for the DOJ to withdraw the manifestation since the defense has not fully rested its case, pending a ruling on their formal offer of evidence.