Wrongly Convicted Database Record

 

Go to Database Search Page

Go to  Database Index Page

Daniel Smith

 

Charge:

Rape

Sentence:

Life Imprisonment

Years Imprisoned:

3

Year Crime:

2005

Year Convicted:

2006

Year Cleared:

2009

U.S. State or Country of Crime:

Philippines

County or Region of Crime:

City of Crime:

Result:

Judicially Exonerated Released

Summary of Case:

"Daniel Smith was wrongly convicted on December 4, 2006 of raping a woman in the Subic Bay Freeport Zone near Manila, Philippines on November 1, 2005. U.S. Marine Lance Cpl. Daniel Smith was stationed in the Philippines, and the only evidence against him was the testimony of the woman that after a night of drinking he took her to a van and raped her while she drifted in an out of consciousness. Smith's defense was the sex was consensual. Smith was sentenced to life in prison. Three Marine co-defendants were acquitted. On March 12, 2009 the woman recanted her testimony in a Statement in which she said she was unsure she had been raped. On April 23, 2009 an all-woman panel of The Philippine Court of Appeals overturned the conviction and ordered Smith's immediate release based on their determination in a 71-page opinion that the sex was consensual, and thus no crime occurred. The Court wrote, "No evidence was introduced to show force, threat and intimidation applied by the accused." The Court stated the woman's recantation was not considered in their decision based on teh trial evidence."

Conviction Caused By:

"Erroneous identification by the "alleged" victim."

Innocence Proved By:

"In April 2009 The Philippine Court of Appeals overturned the conviction and ordered Smith's immediate release based on their determination in a 71-page opinion that the sex was consensual, and thus no crime occurred. The Court wrote, "No evidence was introduced to show force, threat and intimidation applied by the accused.""

Defendant Aided By:

Compensation Awarded:

Was Perpetrator Identified?

Age When Imprisoned:

20

Age When Released:

23

Sex:

Male

Skin/Ethnicity:

White

Information Source 1:

"Filipino court overturns US Marine rape conviction, By Teresa Cerojano, The Associated Press, April 23, 2009"

Information Location 1:

http://www.google.com/hostednews/ap/article/ALeqM5jVnmaL_jErU2ER0lOj1Exw_PmyjwD97O7RDG0

Information Source 2:

"CA - Smith not guilty of rape, By Dona Pazzibugan, Philippine Daily Inquirer (Makati City, Philippine), April 24, 2009"

Information Location 2:

http://newsinfo.inquirer.net/inquirerheadlines/nation/view/20090424-201103/CA-Smith-not-guilty-of-rape

Information Source 3:

Information Location 3:

Information Source 4:

Information Location 4:

Information Source 5:

Information Location 5:

Book About Case:

Book Information:

Book About Case (2):

Book Information (2):

Movie About Case:

Comments About Case:

Innocents Database Created and Maintained by Hans Sherrer innocents@forejustice.org

Hosted on forejustice.org and mirrored on justicedenied.org .