DNA profiles in Subic rape case match, says witness

The DNA tests on a 21-year-old US Marine accused of raping a 22-year-old Filipina showed that the male DNA profile from his blood sample matches the male DNA profile found on the underwear of the alleged victim.

Testifying before the Makati City regional trial court yesterday, Senior Inspector Edmar de la Torre of the Philippine National Police (PNP) Crime Laboratory said he personally examined Lance Corporal Daniel Smith’s fresh blood sample extracted from him in open court last July 25.

"The male DNA profile in the underwear and in the blood sample is of Daniel Smith," he said after State Prosecutor Hazel Decena-Valdez asked him of the PNP Crime Laboratory’s conclusion.

The DNA analysis conducted on Smith’s blood sample is more than 99.999 percent accurate, he added.

On cross-examination, the defense tried to discuss the reliability of a DNA examination and comparison findings, but the prosecution witness defended the results of the test.

De la Torre told Ricardo Diaz, one of Smith’s lawyers, that the matching was exponential, and that it was based on not only nine but 10 "primers," considering that the standards require only the former to declare or conclude a match.

Before De la Torre took the witness stand, the defense tried to stop the prosecution from presenting him by offering to stipulate on what he would testify.

However, because of too many issues raised, Valdez decided that they would present the witness as planned.

Dr. Rolando Ortiz, medico-legal officer of the James L. Gordon Memorial Hospital in Olongapo City, who had examined the private complainant known only as "Nicole" after the alleged rape on the night of Nov. 1, 2005, also testified during yesterday’s hearing.

Judge Benjamin Pozon ordered the recall of Ortiz after granting the defense’s motion that they be allowed to ask more questions about Nicole’s history.

However, defense lawyer Antonio Rebosa was only able to ask a few questions after the prosecution objected to his queries on grounds that they tend to humiliate Nicole.

Private prosecutor Evalyn Ursua invoked the Rape Shield Law, which protects rape victims from being asked questions in court about their sexual conduct or history.