Team Infidel
Forum Spin Doctor
Houston Chronicle
December 14, 2006
By Teresa Cerojano, Associated Press
MANILA, Philippines — Lawyers for a U.S. Marine convicted of raping a Filipino woman asked a Philippine court today to transfer him to American custody during his appeal.
Lance Cpl. Daniel Smith's lawyers filed the motion with the Court of Appeals a day after Judge Benjamin Pozon of the Makati Regional Trial Court denied a joint U.S.-Philippine request to have Smith placed at the U.S. Embassy.
Pozon ordered Smith to remain in a Manila jail, saying that because Smith had been convicted he was no longer covered by a provision of a bilateral military pact that U.S. servicemen accused of crimes could be held by U.S. authorities until all judicial proceedings are completed.
Smith, 21, of St. Louis, was convicted and sentenced to 40 years in prison on Dec. 4.
"We already filed a petition ... asking the court to reverse the ruling of Judge Pozon," said Jose Justiniano, his lawyer. "We believe he committed a grave abuse of discretion when he denied our motion because he applied the wrong provision."
He said Smith's appeal of his conviction was part of court procedures and he "should remain with the U.S. government pending completion of all judicial proceedings."
December 14, 2006
By Teresa Cerojano, Associated Press
MANILA, Philippines — Lawyers for a U.S. Marine convicted of raping a Filipino woman asked a Philippine court today to transfer him to American custody during his appeal.
Lance Cpl. Daniel Smith's lawyers filed the motion with the Court of Appeals a day after Judge Benjamin Pozon of the Makati Regional Trial Court denied a joint U.S.-Philippine request to have Smith placed at the U.S. Embassy.
Pozon ordered Smith to remain in a Manila jail, saying that because Smith had been convicted he was no longer covered by a provision of a bilateral military pact that U.S. servicemen accused of crimes could be held by U.S. authorities until all judicial proceedings are completed.
Smith, 21, of St. Louis, was convicted and sentenced to 40 years in prison on Dec. 4.
"We already filed a petition ... asking the court to reverse the ruling of Judge Pozon," said Jose Justiniano, his lawyer. "We believe he committed a grave abuse of discretion when he denied our motion because he applied the wrong provision."
He said Smith's appeal of his conviction was part of court procedures and he "should remain with the U.S. government pending completion of all judicial proceedings."