U.S. Custody Request Denied in Philippines (convicted marine) [View All]

[Eugene]

U.S. Custody Request Denied in Philippines


Wednesday December 13, 2006 5:46 AM

AP Photo NY132

By HRVOJE HRANJSKI

Associated Press Writer

MANILA, Philippines (AP) - A Philippine judge overruled his own government
Wednesday and denied a U.S. request for custody of a Marine who is appealing
a local rape conviction.

Judge Benjamin Pozon said he dismissed an agreement between the Philippine
justice secretary and the U.S. ambassador for the transfer to the U.S. Embassy
of Lance Cpl. Daniel Smith, 21.

Smith, who is from St. Louis, was sentenced on Dec. 4 to 40 years in jail for
raping a 23-year-old Filipino woman. He was immediately sent to a Manila jail.

A provision of the 1998 Visiting Forces Agreement between the U.S. and the
Philippines says that any U.S. servicemen accused of a crime shall be in U.S.
custody until all judicial procedures are exhausted.

Pozon said the provision does not apply after a conviction, regardless of a
pending appeal.

-snip-

Full article: http://www.guardian.co.uk/worldlatest/story/0,,-6277181,00.html