The "Star Witness" Davidson Rusia

It's Time to Free Paco Now

 

Comparing one's perspective when one was in high school vs. the present can be a daunting thing. For example, I could get told that, "Maybe the person wants to be friends with you already. Maybe he realized that you were only teenagers and your fight was nothing more than a childish quarrel." As a 13-year-old who got into the case--I once admired what Davidson Rusia did. However, after hearing that Paco Larrañaga was innocent--I was really shocked. Yes, Paco was really in Manila when the crime happened (read here). Why was David even allowed to testify when he wasn't even qualified? That's what the documentary Give Up Tomorrow highlighted. Atty. Florencio Villarin, who may be retired now due to his advanced age, also stated that in Case Unclosed.

A lot of people were interested in what he had to say. At first, I thought Paco was wrongly tagged along with guilty people. However, what Solita Collas-Monsod said in Give Up Tomorrow, if the body wasn't the girl then that puts David into further question. Since I was only in high school and studies were the priority (and I must admit, the Philippine education system is terrible), that also didn't help me understand the case. It was discussed in school. Most people believed that Paco was guilty and that David "did the right thing". However, what Give Up Tomorrow revealed was that David was actually tortured. Get mad at David all you want--he was also a victim in this case! 

This deleted scene from Give Up Tomorrow (which I believe should've been included in the final cut) shows the problem of David's testimony. It was said to belong to the Aznars but it turned out that a certain Dogan Gurkan owned the place, where the rape supposedly happened. Gurkan gave his condolences to the Chiongs while mentioning something was wrong. Gurkan's timeless statement is that he knows David is lying. "Even DNA..." are timeless statements. DNA testing could've proven if the body belonged to Marijoy. Even if the body belonged to Marijoy, further DNA testing will still prove Paco wasn't the one who did the despicable crime. As Gurkan said, "If I wanted to save my life, like Tagalog, I would tell a lie." 

A diagram found on Facebook, apparently owned by
the late Miguel "Juan" Del Gallego y Ripoll

This also brings into question. David was only arrested 10 months later after the initial arrest of the suspects. Paco was arrested on September 15, 1997, and he was in Manila on July 16, 1997. Josman Aznar was arrested for a completely different offense--something that should've allowed him freedom after that. It's often said that Paco and Josman were suitors to the sisters. However, Paco denied knowing Marijoy. However, nothing denies nor confirms that Josman was a suitor to Jacqueline or not. At least only two of the suspects were friends of David--the Uy brothers. I heard the Uy brothers were troublemakers but never went out with Paco or Josman. Rowen Adlawan met the first two suspects but barely knew them. Rowen testified in Case Unclosed that David was tortured into telling a lie (read here). David was a friend of the Uy brothers (which may explain why the Uy brothers were easy to frame). However, neither Paco nor Josman knew David! David talked like he knew them. However, watching Give Up Tomorrow shows David to be rather frightened more than anything, while he was taking the witness stand. 

Phil Life

What I want to note is the oddness of the behavior of Mrs. Thelma Jimenea-Chiong. Sure, let's say that David was repentant of what he did. This is what Mrs. Mimi Larrañaga-Syjuco calls a very odd move. I thought that if someone came forward and admitted to murdering a loved one, would I give that person a birthday cake in jail or a gift? Mimi's answer was certainly not. Mimi expressed her sympathies for the Chiong mother. An article from Phil Life actually talks this about Davidson:

The Chiong Sister case has a strange turn of events 

Rusia had accurately testified of where the body had been dumped, how the sisters had been restrained, and where the pair were abducted from. He also went as far as admitting he had joined in with the rape of the sisters, but did not take a part in the murder.

Despite his sickening recount of the events of that evening, the public still saw Rusia as a hero. He was even granted freedom while the rest of the six remained imprisoned.

Mrs. Chiong went as far as bringing gifts to Rusia after the testimony. Which seemed like a highly unusual gesture to some, as he had just admitted to being a part of the abduction, rape, and murder of her daughters.

Despite the unusual behaviour surrounding the case, many in the public maintained a positive view towards Rusia. Though, this was likely linked to many irrelevant factors. Rusia had lived in the United States, so he was very articulate, with a strong command of the English language. Many also found him attractive, which also began to sway public opinion.

Why did he come forward? Was it because the police offered him immunity, which allowed him to openly tell the story? Or was Rusia forced into his testimony due to some form of manipulation?

Many supporters of the convicted continued to point to inconsistencies in Rusia’s testimony. While Paco and Josman continued to maintain that they did not know Rusia prior to their conviction. It had come out that Rusia had a prior criminal conviction which should have eliminated him from being a witness in the case, but his testimony was upheld.

Rusia also admitted having been tortured by the police. Other detainees within the prison said they had witnessed his torture. But this still changed very little, as there were other witnesses who made statements backing parts of Rusia’s original testimony.

It was later revealed that all the witnesses used by the prosecution had been paid, which raises some very big question about the validity of the entire case.

Now, let's say drugs and alcohol were used during the incident. How can David even perfectly recall the incident? From the American Addiction Center--I'd like to share this tidbit which can further put David's forced testimony into question:

In simplest terms, the brain comprises a network of neurons to process and transmit information. Drugs and alcohol can interfere with the way these brain cells function, altering the way they send, receive, and process signals.

Alcohol and/or drug use—including heavy and chronic use as well as processes involved in overdose and withdrawal—can impact a host of neurological and behavioral conditions. For example, substance use can alter feelings, perceptions, thought processes, and behavior. It can also lead to various conditions involving the central nervous system, including everything from headaches and stroke to seizures and cognitive disorders.  Plus, over time, substance use can even change the brain in ways that contribute to addiction development and make it more challenging to maintain abstinence.

Reading it, can David even remember exactly what happened when drugs and alcohol were used during the alleged rape party? Watching both Jacqueline Comes Home and Butakal gave a clearer idea of what could've happened. Take note that Butakal was just a work of fiction. If Paco and his gang took drugs during the time they did the supposed crime--can David even recall everything perfectly in detail? I don't need to be a neurologist to question it. I may need a neurologist to help explain things. However, I don't need to be one to know that using a combination of drugs and alcohol can affect memory. 

Paco was forced to rely on his own memory--which explains why there was a slight discrepancy between him and the teacher. The teacher had the records that Paco was in school on July 16, 1997. Why did the late Judge Martin Ocampo choose to believe in David? Even worse, Judge Ocampo fell asleep during the trials. It's not a good idea for a teacher or a student to fall asleep in class. How much more if the person is a judge? The higher the position, the higher the responsibility, and the higher the liability. It's like if a teacher sleeps in class--he or she may consider higher punishment than a student sleeping in class. 

As Jourdan Sebastian (who was also with Paco at that time) publicly wrote on Facebook:

Now let’s go to the star witness’ testimony... which as Ms. Lagcao stated, perfectly fitted the evidence provided by the police and prosecution. Here are the facts: 

1. If my memory serves me right... the star witness had a criminal record and was actually in prison for a different offense when he suddenly became a state witness. 

2. He was held by the same authorities who had access to the evidence that was going to be used in court.

3. He perfectly corroborated all the evidences.

4. He was powerfully detailed even if the incidents he was narrating happened more than a year after.

5. He had perfect recollection of what happened even if drugs and alcohol were being used heavily at the time of the crime.

Yet there was a perfect testimony by an imperfect witness... who was granted freedom soon after. 

The testimony of this man was allowed... but 40 people who were all upstanding citizens with zero criminal records, armed with pictures and official documents.... were not allowed to testify? 

When I ran into that certain Atty. Naunsa Ba Ni. As always, I will not leak Atty. Naunsa Ba Ni's Facebook profile. Instead, I'll continue to protect her privacy. However, I still hope that she won't become a judge at any level. Atty. Naunsa Ba Ni might end up doing what Judge Ocampo or retired judge Atty. Amelita G. Tolentino did this during the trials. Amounts of evidence were rejected without being scrutinized. The judge accused the witnesses of bias, while he was biased himself. Why can't everyone be allowed to talk? Even more, suspects have the right to defend themselves. Don't let it be like the late George Stinney Jr.--an African American teenager who was wrongfully accused of murdering two white girls! 

That's why both Michael Collins and Marty Syjuco wanted to find David. David would've had an interesting story to tell if he was found. Who knows what revelation would be revealed. However, the tandem said that David was still missing at that time. Some people claim they already found David who is now a family man. David may have committed perjury but he's a victim too. Hopefully, David will have his conscience to finally step forward to reveal what really happened!