Tuesday, December 28, 2010

...writer's block no more :)

I've been watching my cursor blink for minutes now before I had the guts to type something. I have been at the Facebook group Justice for Hubert Webb for more than a month and I argued, debated, got frustrated, laughed and even cried together with the rest of the members. Am quite surprised that as I claim to be a passionate writer that I haven't posted something about the case. This might be long overdue but I guess better late than never, right?!

I was barely 6 when the infamous Vizconde massacre happened, back then pictures of the victims weren't censored so the vision of them got stuck in my young mind. I was 10 when Jessica Alfaro surfaced with her testimony and pointing at Hubert Webb as the mastermind together with his "gang", as young as I was my gut feeling said there is something strange about her so I wasn't convinced with her story. I was even mobbed by some classmates for siding with the Webbs in one of our Araling Panlipunan debates. I was 15 when the guilty verdict was given by Judge Amelita Tolentino, I was puzzled when people were rejoicing with the verdict but something in me keeps on saying that there is something wrong.

Thank heavens for the world wide web and Facebook that I was given the chance to search for the truth. By joining the group I was able to answer if not all then most of my questions about the case. These are the major factors that solidified my instinct that Hubert Webb is innocent (take note I didn't say not guilty but innocent) :

First. Law of Physics says it all. One cannot be in two places at once. Hubert was in the USA when the gruesome killings happened so it is impossible for him to be at the Philippines on the same day. Every document needed were presented to prove his alibi but the prosecution discredited it by merely saying that the Webbs are so powerful & rich that they can fabricate & falsify the said documents, heck even Judge Tolentino herself said those. They even attempted to hide the note verbal that was issued by the US Government and signed by Madelaine Albright, the Secretary of State. The procurement of the said document was never informed to the Webbs.

Okay, for the sake of argument that Hubert did came back to the Philippines to perform the crime and come back to the US right after. let us see how will be considering the time difference of US & Philippines.

Mt. Pinatubo erupted on June 15, 1991. If we can all recall, the ash fall lasted quite awhile and many airline flights were cancelled. And let's say, for the sake of argument, there were no ash fall that time and Hubert did not buy the Cannodale bike (with a lifetime warranty may I just add) on June 30, 1991. According to his work ledger, his last day of work for the month of June was on the 28th of June, 1991, a Friday. Daylight Saving Time is used in the US on June. And on Pacific Daylight Saving Time, the Philippines is ahead of California by 15 hours. Let's say Hubert got off work at 5 pm, Pacific Daylight Saving Time on June 28, 1991, which would be 8 am, June 29, 1991 in the Philippines. He then goes straight to the airport and the plane leaves at 8 pm Daylight Saving time. If he takes a Philippine Airlines flight, it would be approximately 16 hours with a stop in Guam. (And if you take China Airlines, for example, the total duration could be 17 hours, with a one hour layover time). Let's use the 16-hour flight. By the time his plane arrives in Manila, it would have been 3 am already on June 30, 1991, Manila time. The crime would have already been committed at tapos na makipag-session si JA with her imaginary friends at the Alabang parking lot.

I know most of the people say that an alibi is the weakest form of defense but let me tell everyone for the nth time that an alibi that is backed up with solid evidences such as documents, videos and eye witness accounts by morally upright people is enough to say that someone is innocent. But why did it took 15 years for them to decide if indeed Hubert was in the USA when it all happened? I must say conspiracy between Mison, Tolentino, Guingona, Cayetano and all the others who pulled the strings as this puppet show manipulated the minds and emotions of the people.

Second. DNA. I know that this wasn't the basis of the Supreme Court for the acquittal and not an actual DNA test was performed but still this is an important factor on the case.

Semen sample was taken from the body of Carmela Vizconde and it is under the custody & safe keeping of NBI. Unlikely to what other people know, the Webbs requested for a DNA test back in 1997 but was surprisingly objected by the prosecution saying that the sample weren't preserved well and more surprising is the judge sustained the objection adding that the DNA test will just complicate the case and the result is irrelevant that even if it is not Hubert's sperm it doesn't mean he did not kill the Vizcondes.

But let us keep in mind, would a guilty person in his right mind offer his DNA sample? If you are the real perpetrator and a semen sample is available then wouldn't you do anything to avoid the dreaded DNA test? And as for the prosecution, in the aim of wanting to know the true criminals isn't something as solid as a DNA result a major factor for the quest for truth?

Now that the NBI conviniently lost the said semen sample then more suspicions are surfacing. Did they purposely lose the specimen since the Supreme Court ordered for the DNA testing and they know for sure that it is not Hubert's? Who were the ones who didn't want the DNA test to happen? Surely it is not the Webbs.

Third. Jessica Alfaro's loopholes. Her character alone is already questionable. How much more if she made two sworn affidavits, completely different from each other. How could one believe such crooked and unrealistic witness. And if you are indeed a close friend of the accused will it take you 40 minutes to identify them inside a courtroom?

These are some examples of the inconsistencies of the affidavits she swore on:
(from http://www.facebook.com/group.php?gid=115489978501905#!/topic.php?uid=115489978501905&topic=105 )

On whether Alfaro knew Carmela before the incident in question

First Affidavit: She had NOT met Carmela before June 29, 1991.

Second Affidavit: "I met her in a party sometime in February, 1991."

On whether Alfaro saw the dead bodies

First Affidavit: She did not see the three dead persons on that night. She just said "on the following day I read in the newspaper that there were three persons who were killed . . ."

Second Affidavit: "I peeped through the first door on the left. I saw two bodies on top of the bed, bloodied, and in the floor, I saw Hubert on top of Carmela."

On the alleged rape of Carmela Vizconde

First Affidavit: She did not see the act of rape.

Second Affidavit: She saw Hubert Webb "with bare buttocks, on top of Carmela and pumping, her mouth gagged and she was moaning and I saw tears on her eyes."

On how Webb, Lejano, and Ventura entered the Vizconde house

First Affidavit: "by jumping over the fence, which was only a little more than a meter high."

Second Affidavit: They "entered the gate which was already open."

On whether Alfaro entered the Vizconde house

First Affidavit: She never entered the house.

Second Affidavit: "I proceeded to the iron grill gate leading to the dirty kitchen."

She had nothing to lose and a whole lot to gain when she testified against Hubert et al. She gained publicity, money, movie deal, celebrity status, freedom for her drug convicted brother and even a husband since she married her former NBI escort. Her ulterior motives are so clear and it is such a wonder why the prosecution, Tolentino and the Court of Appeals believed in her.

To be honest there are a lot more things that will convince someone that Hubert is innocent. Prominent and morally upright people that attests to his innocence. People that has everything to lose & nothing to gain believed in him because it is the truth.

Yes, I may be young when all these things happened but never will I let my age be a hindrance for me to take a stand and stay on the side of truth. I am gifted by the Lord with wisdom to discern what is right from wrong that's why I clearly can say that Hubert Webb is innocent.

I do not need to swear on someone's grave to prove that this is true. I know that when I face our Creator, I will be able to say to Him confidently that on this case, I was on the side of truth. Do I need to prove more?

FREQUENTLY ASKED QUESTIONS "THE HUBERT WEBB CASE"

by Nikki Luna

FAQS

The paramount purpose of a trial is to make sure that convictions are made fairly and accurately. Court decisions should be made SOLELY on verified facts and sound testimony.

In law, there is absolutely no room for speculation.

here are the answers to the most frequently asked questions. These show that Hubert’s innocence cannot be disputed.

Q: Does Hubert really know Carmela?

A: NO, he never met her. They do not know each other. And not a single person testified against this fact aside from Alfaro.

Q: Was he ever a suitor?

A: NO, he was never Carmela’s suitor. And he went as far as saying he never met her. Hubert does not know Carmela.

Q: Does Hubert know Jessica Alfaro?

A: Definitely NOT. And again not a single person testified to the fact that he met Alfaro.

Q: Is it true that Hubert is “barkada” with the other suspects?

A: NO. The only ones he knew whom Alfaro implicated in the crime were Pyke Fernandez who was Hubert’s good friend and Miguel Rodriguez who was an acquaintance he met through basketball.

Q: Is it true that the accused are a circle of friends?

A: No.

Q: Is it true that a maid actually washed a bloodied shirt?

A:No. Court records that the maid was not employed by the Webbs at the time of the Vizonde massacre. This was corroborated by the testimony of the owner of the agency from where the maid was hired.

Q: Where was Hubert On June 30, 1991?

A: Hubert was in the United States. He was in Orange Cycles, a bike store in Orange County , CA. Hubert bought a Cannondale bike from owner John Pavlisin. The bicycle is still in possession of the Webbs to this day.

Q:What evidence was presented by Hubert?

A:

1. record of departure including ticket, ticket receipt,(with accompanying testimony from raja tours owner Bibay Nolasco), airline manifest (with accompanying testimony from a northwest airline official), passport with departure stamp from the Bureau of Immigration

2. record of entry which includes an F.B.I. report, a note verbal issued by the U.S. government signed by Secretary of State Madeline Albright stating that Hubert Webb was in the U.S. Testified to by no less than both Foreign Affairs Secretary Domingo Siazon and Consul General Leo Herrera Lim

(certification from US Immigration and naturalization service signed (w seal) by Madelaine Albright, Warren Christopher and Atty. General Janet Reno verified proofs/documents by US state secretary (Albright) and FBI (Bob Heafner)

3. records of his stay which include:

Videos - one in Disneyland (testified to by a complete stranger who saw Freddie Webb and decided to take his video, with Hubert seen on the background). Another at Lake Tahoe where he was seen playing in the snow. And lastly, another video at a cousins wedding ceremony.

Records of employment in the form of several encashed checks in his name Hubert Jeffrrey Webb before and after the crime.

California Drivers License aquired during his stay, certified by the Department of Motor Vehicles California. Dozens of eyewitness accounts all of which were excecuted by members of society all of which have much to lose had they perjured themselves in court. The more prominent ones, Entertainer Gary Valenciano and Supreme Court Justice Antonio Carpio who also testified that he knew that Hubert was in the U.S, based on his conversations with Freddie Webb who was in the U.S. right before the time of the incident.

4. records of his departure from the U.S. which includes again the certification from the U.S. stating his date of departure, airline manifest testified by an authority from Philippine Airlines and passport showing entry into the Philippines. These only prove he was in the United States four months prior and fifteen months after the massacre occured. Hubert has only one record of going to the U.S. He left Manila on March 1991 and arrived back to the Philippines October 1992.

Q: How come the evidence/proofs/documents etc. were junked by the court without the necessary justification?

A:Because the judge was in cahoots with the prosecution to put 7 innocent people in jail. To be able to “solve” a crime. Completely disregarding their rights.

Q: Do the Webbs know Biong? Was he really a driver/bodyguard of the Webbs?

A:No. Not one member of the Webb family has ever met nor seen Biong prior to Jessica Alfaro’s story.

Q: Did the Webbs asked for a DNA test? When?

A:The Webbs asked for a DNA test way back in 1997. The prosecution strangely objected to the test on the grounds that the samples “maybe” contaminated. Even more strange, the judge sustained their objection. The Supreme Court recently allowed a DNA test, but the NBI and the trial court have been trading accusations on who is in possession of the DNA sample. Unfortunately, neither the NBI nor the trial court could produce the semen sample.

Q: Did the Webbs ask for a lie detector test? When?

A:Yes, as early as when Jessica came out with her story the Webbs challenged her to take a lie detector test. And Jessica Alfaro refused on the basis that this was not admissible in court. Please note that Hubert was willing to take a lie detector test at anytime to prove his innocence.

Q: Are the Webbs related to any Supreme Court judges?

A:No. Contrary to Mr. Vizconde’s claims, Elizabeth Webb is not related to Justice Carpio’s wife (who happens to be Vietnamese). Elizabeth webb is from Batangas.

Q: Are they connected to the FBI? Secretary of State? UNCIS? BI? Etc.

A: Absolutely not.

Q: What about the security guards who supposedly "saw" Hubert Webb?

A: Both security guards surfaced 4 years after the crime conveniently after jessica alfaro surfaced to corroborate her story..During the thorough investigation of the NBI n the PNP, no mention was ever made concerning the security guards. Since they were not self confessed drug addicts like Alfaro shouldn't they have reported this discovery to the authorities as soon as Hubert Webb was made a suspect as early as 1991?

Q: How long did Hubert Webb stay in the United States?

A: Hubert Webb was in the United States from March 9, 1991 to October 26, 1992