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Marine in Philippines Rape Case Appeals

Thursday, December 14, 2006 1:00:27 AM
By TERESA CEROJANO

A Filipino jail guard walks inside the Makati city jail, south of Manila, Wednesday, Dec. 13, 2006. Philippine Judge Benjamin Pozon dismissed an agreement between the Philippine justice secretary and the U.S. ambassador calling for the transfer of Lance Cpl. Daniel Smith, 21, of St. Louis, MO, to the U.S. Embassy. Smith was sentenced to 40 years in jail on Dec. 4 for raping a 23-year-old Filipino woman and immediately whisked away to a Manila jail. (AP Photo/Aaron Favila)MANILA, Philippines (AP) - Lawyers for a U.S. Marine convicted of raping a Filipino woman asked a Philippine court on Thursday 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.


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