GI’s lawyer wants full disclosure of DNA patterns

Lawyers of the 21-year-old United States Marine accused of raping a Filipina want the Philippine National Police (PNP) Crime Laboratory to give them a copy of the male and female DNA patterns the crime lab says it found in physical evidence provided by the prosecution.

Lance Corporal Daniel Smith’s legal counsels said this would assure them that there will be no alteration or substitution in the crime lab report now that their client’s DNA is being examined for comparison.

Three policemen from the PNP crime laboratory took blood samples from Smith in open court at last Tuesday’s Subic rape case hearing.

Despite lawyer Benjamin Formoso’s opposition, Smith was ordered to allow the police officers to take five cubic centileters (cc) of his blood, which was extracted from a vein from his right arm using a syringe.

Makati City regional trial court Branch 139 Judge Benjamin Pozon said the only way the court would not proceed with obtaining the blood sample would be if the accused was to admit that it was his DNA that was found in the plaintiff’s underwear.

Formoso originally planned to file a motion for the issuance of a temporary restraining order (TRO) before the Court of Appeals but has decided not to do so.

"We filed a second urgent request to be furnished a copy of the male and female DNA patterns" found in the underwear of "Nicole," he told The STAR in an interview.

Formoso said the request was made through a motion filed before Pozon’s court early yesterday morning as Smith’s blood samples were opened for testing at Camp Crame.

According to him, the prosecution and PNP Crime Laboratory DNA section chief Dr. Francisco Supe provided the prosecution and the court with a summary of their findings, but did not give the defense a copy of this document.

"We’re not afraid of the DNA (examination, but) they might change (the report). We just want to be sure that there will be no substitution," he said.

Formoso said the PNP Crime Laboratory has no reason to withhold the complete and actual male and female DNA pattern report.

At the hearing Tuesday, the prosecution objected to Formoso’s request in open court, saying the defense panel wouldn’t be able to understand the report anyway it is "highly technical."

Meanwhile, medical toxicologist Dr. Kenneth Hartigan-Go, testifying as an expert witness for the prosecution, will return to the witness stand today for cross-examination.

Defense lawyers are expected to grill him in an effort to impeach his testimony on direct examination that Nicole was very drunk on the night of Nov. 1, 2005 when she was allegedly raped.

Go testified that Nicole had been so intoxicated that she suffered from impaired physical and mental abilities, which means that she was not even capable of giving consent for sexual intercourse.

Smith had told investigators that he and Nicole had consensual sex, but has yet to make the same admission before the court.