SC orders DNA test in Vizconde massacre case - INQUIRER.net, Philippine News for Filipinos

SC orders DNA test in Vizconde massacre case - INQUIRER.net, Philippine News for Filipinos

The rape and murder of the beautiful young and innocent victim in this case was horrific by any standard and the Philippine press kept it in the headlines for months. Truth be told, the case was tried in the press and the defendant convicted before he ever stepped into the courtroom. Still, his attorney presented a strong defense that should have established the doubt necessary to prevent conviction yet it was to no avail. The judge convicted the defendant and sentenced him to life in prison. But in my criminal investigator mind I've always doubted that the verdict was correct and believed that the actual murderer was still walking the streets of Metro Manila. My doubt about the case was centered on two major issues:

First, the DNA test was requested by the defendant during trial but the judge denied the request. I could never figure out why the jurist would disallow a proven scientific test that could prove guilt, or innocence, beyond a shadow of a doubt for if defendant Webb's DNA was present then he was clearly guilty.

Second, the FBI, acting on a request from the Philippine government, investigated and found that Herbert Webb was in the United States at the time the crime was committed. The judge disallowed the evidence on grounds that violate common sense and, many would say, international norms: The evidence was certified by the U.S. Secretary of State but because the U.S. Secretary of State did not appear to present the evidence, she ruled it was not admissible.

In the end the defendant was convicted on eyewitness testimony that many believed was specious but which the judge found credible. No physical evidence was found connecting Herbert Webb to the crime and the weakest evidence of all is an eyewitness to a crime.

Webb's father, then a politician, was at the time in the opposition to the sitting President of the Philippines. There was suspicion but no evidence that this played a role in the case. If it had it wouldn't have been all that surprising. Justice in other parts of the world is just not the same as in the United States and despite our own efforts, it still goes astray from time to time even here.

The Philippine Supreme Court has now wisely decided that the DNA evidence should be compared. It may, of course, not be conclusive because of the time that has passed and storage of that evidence may not have helped preserve it. But we can hope that justice may finally be done in this case. If the evidence shows that the defendant was at the scene which, given the FBI's findings I do doubt, then the doubt that I have as to his guilt will be erased. But if the evidence clearly shows that the defendant was not the murdering rapist, then my doubts will be confirmed and he will go free. But in the intervening years since that terrible crime he has gone from a young man to maturity while incarcerated in prison. There is no one who can give him back those years.

I'll certainly let all know what the results of the DNA test are as soon as they are released. 

Follow the link for the story in the Philippine press.