You Think That This Could Never Happen To You But

[Jollygoodfellow]

I came across this story and the last line makes one think, "You think that this could never happen to you but it can and this could be your son, it could be your daughter, it could be you!"

 

 

Legal groups demand release of Seattle man imprisoned in Philippines

 

For the last three and-a-half years, Scott McMahon has been sitting in a squalid, crowded prison cell in the Philippines, with no opportunity for bail, no opportunity to speak, wondering if the truth would ever set him free.

The former Seattle man has advocates in the Philippines, ready to testify to his innocence. He has a legal team from the California Innocence Project, calling his charges baseless, and he has a mother in Seattle, who has quietly worked on his behalf, hoping the US State Department would negotiate his release.

None of those things have budged the stubborn Philippine court system, which has charged McMahon with rape. McMahon’s mother, Shelley Campanella told KIRO 7 the charges are absolutely false, and US legal advocates, having examined the charges, agree with her.

 

Campanella decided to break her silence about the case Tuesday, and talk to KIRO 7’s Gary Horcher.

"To sit in jail for a crime that you did not commit, because somebody has a grudge against you, it’s outrageous,” she said.

Campanella says for the last three and a half years, she agreed not to go public about her son's imprisonment in the Philippines--because she was hoping the US Government would help to free him. She says officials repeatedly dismissed her requests, and they refused to help her.

 

Originally from Seattle, Scott McMahon had a family with two children in the Philippines, where he’d built a successful construction company. In 2010, McMahon pressed charges against a neighbor, accusing her of abusing his kids. Campanella says the woman he accused--in turn, accused him of rape.

Even though eyewitnesses place McMahon miles away from the alleged rape scene with his family, he was arrested, and has been jailed since.

Campanella says the accuser demanded cash to drop the charges.

 

“It's really a crime of extortion, corruption,” she said. “That's really what this is."

Lawyers with the California Innocence Project have taken-on McMahon's case. They say he's being framed by false accusations in a court system which has denied him bail--intent on taking him to trial.

"And if they choose to believe (his accuser) then my son will serve a life sentence for a crime he didn't commit."

Campanella says her son is in prison conditions so filthy, inmates have died around him. “There are more than a hundred grown men packed into an 800 square-foot prison,” she said. People are dying in there of things we’re vaccinated for.”

Now, by launching websites and social media with details on his case--she's hoping to get the attention of officials here--and the Philippines.

“I’m hoping that it does get the attention of the American Government,” she said.  “I'm hoping they take a look at this and say “Oh my gosh, how did this happen, what could we have done, what can we do now?"”

 

These pages have been launched by legal advocates, with details and documentation of the case.

http://www.freescottmcmahon.com/

https://www.facebook.com/pages/Freedom-for-Scott-Mcmahon/459928147436194

 

McMahon is scheduled to go on trial October 24th. Campanella says she wants everyone to know the risks of being falsely accused overseas. "You think that this could never happen to you but it can and this could be your son, it could be your daughter, it could be you!"

 

http://www.kirotv.com/news/news/legal-groups-demand-release-seattle-man-imprisoned/nhYzC/

[Methersgate]

"Point one" is the status of alibi evidence in the Philippines legal system - it is not what you would expect it to be.

 

Second - there is never any point in trying to rely on your Embassy and its Consular department. They will not help you; they have neither the training nor the resources.

 

Third - he seems to have forgotten that he was a foreigner in the Philippines when he accused his neighbour. The Filipino or Filipina is always right.

 

Three and a half years have been wasted; he now needs a proper legal team and the first thing he must do is apply for bail.

[Gator]

Even though eyewitnesses place McMahon miles away from the alleged rape scene with his family, he was arrested, and has been jailed since. Campanella says the accuser demanded cash to drop the charges. “It's really a crime of extortion, corruption,” she said. “That's really what this is."

 

What else is new? I have a friend sitting in jail now for nearly two years, basically for the same thing. After confronting a girl about an "iThingy" she stole from him (and subsequently pawned) she turned and accused him of rape. He refuses to pay the exorbitant "fee", but he is negotiating his release. 

 

However there is hope for those who do get falsely accused, of course what this article fails to mention is how much it cost him to secure his release.

 

http://cebudailynews.inquirer.net/43198/court-acquits-former-us-military-officer

 

"Dunn was arrested and charged with a non-bailable offense. But the court released him in September 2013.

 

The Philippine Constitution allows the accused to secure temporary liberty when the evidence of guilt against him or her is not strong."

 

It took them 10 months to figure out that the evidence was not strong enough? But apparently someone's word that you committed a crime against them is enough? Crazy!

 

Thanks JFG and MG for reminding us to tread lightly and keep as low a profile as possible.

Edited October 2, 2014 by Gator

[MikeB]

A short time later, however, Dolores made more false accusation, which resulted in the Bureau of Immigration raiding Scott’s home in search of Jan Marcel.

Kind of unusual for BI to raid a house based solely on a woman's accusations. Was she accusing him of overstaying? A criminal complaint would go to the police, not BI. May be a little more to this but whatever happened he should have paid her off when it was at the "whatever you can afford" stage and got the hell out of the country. 

[Methersgate]

 

A short time later, however, Dolores made more false accusation, which resulted in the Bureau of Immigration raiding Scott’s home in search of Jan Marcel.

Kind of unusual for BI to raid a house based solely on a woman's accusations. Was she accusing him of overstaying? A criminal complaint would go to the police, not BI. May be a little more to this but whatever happened he should have paid her off when it was at the "whatever you can afford" stage and got the hell out of the country. 

 

Would I be safe in thinking that the woman Dolores was wanting Jan Marcel out of the country?

[Hey Steve]

If this man is found innocent of the charges and set free, this will stir up emotional reaction from many Filipinos who will be reminded of the alleged rape case of then Marine Lance Cpl Daniel Smith back in 2009, who's trial ended with an aquital. The reaction is they all felt slighted and let down by the DOJ. Even without evidence, many Filipinos have, in their mind, already convicted this man,as they feel the justice system should serve allegiance to the accuser rather than to this "foreigner" as they turn a blind eye to undelying motives (extortion) that is an ever present land mine to all foreigners who need to watch out for these sort of potential activities while in the Philippines. A quiet unassuming life IMHO (for many reasons), seems to be the best course of action in most cases while living in this country. That is why keeping your wits about you and using common sense can be your best friend.

Edited October 2, 2014 by Hey Steve

[Methersgate]

If this man is found innocent of the charges and set free, this will stir up emotional reaction many Filipinos who will be reminded of the rape case of the Marine Lance Cpl Daniel Smith in 2009 that ended with an aquital. Even without evidence, many have in their mind convicted this man,as they feel the justice system should convict him as they turn a blind eye to undelying motives (extortion) that is an ever present land mine all foreigners need to watch out for while in the Philippines. A quiet unassuming life (for many reasons) seems to be the best course of action in most cases living in this country.

 

You make a good point. Foreigners are on a knife edge. There is a wall of pent up resentment against us. By racing off with the most desirable women, we do not reduce this!

There is an idea that somehow "justice" is served whenever a foreigner is jailed, and indeed whenever a foreigner's wife or girlfriend is screwed by a Filipino. Tread softly, make all the friends that you can, and don't even think of carrying any sort of stick. The making of friends is extremely important. Any Filipino understands this; so should we. 

Above all, never, never never lose your temper! Easy to say, difficult to do!

[Jumper0155]

It's scary to think about just how exposed we are to having our lives turned upside down when we are in a foreign country.

[Methersgate]

It's scary to think about just how exposed we are to having our lives turned upside down when we are in a foreign country.

 

I spent five years in Beijing as the only foreigner in a State Owned Enterprise between 1996 and 2001. At the end of that time I was mentally and physically exhausted with the strain of being constantly on my guard.

 

In China or Russia, or in an Arab country, we know that we are on hostile ground. We keep our guards up.

In the Philippines, on the other hand, we tend to feel at home; people are friendly, they smile, they speak English, it's a democracy, we can watch the news and read the papers in English... and we drop our guard.

[RBM]

A short time later, however, Dolores made more false accusation, which resulted in the Bureau of Immigration raiding Scott’s home in search of Jan Marcel.

Kind of unusual for BI to raid a house based solely on a woman's accusations. Was she accusing him of overstaying? A criminal complaint would go to the police, not BI. May be a little more to this but whatever happened he should have paid her off when it was at the "whatever you can afford" stage and got the hell out of the country.

I had some limited involvement with the Aussie being held in Torledo prison.

If one lesson that I learnt it's this.....One must totally forget guilt or innocence, it's irrelevant, one must pay and the sooner the better.

As from what I understand the woman's word in this country is law.