Laude camp to appeal Pemberton custody, ask permission for media coverage
MANILA - The Laude camp is ready to bring the custody issue over US Marine Joseph Scott Pemberton, the suspect in the killing of Jennifer Laude, before the Supreme Court (SC).
The US has insisted on taking custody of Pemberton under the Visiting Forces Agreement (VFA).
Atty. Virgie Suarez, one of the counsels for the Laude family, said they will also bring to the high court their appeal for permission for media coverage of the trial which has been denied by the Olongapo Regional Trial Court.
She noted it can be an argument against the VFA.
"We will elevate this matter before the Supreme Court, and also the custody issue we will elevate the matter before the Supreme Court. We, Harry [Roque] and I, believe that makes the whole VFA unconstitutional because in the way it is being implemented now," she told ANC's "Headstart" Tuesday.
Suarez, meanwhile, noted plans by Pemberton's camp to ask the Court of Appeals (CA) to downgrade his case from murder to homicide will no longer delay the case.
While the Pemberton camp can still invoke their right to plea bargaining, she insisted amicable settlement is not an option for the Laude family.
"Plea bargaining can only happen with the consent of the family. That's why yesterday the family was already saying there can never be compromise agreement, there can never be settlement. Plea bargaining can't happen without the consent of the Laude family."
Suarez is hoping the court will rule on the Laude case within the one-year deadline.
Regardless whether there is any witness, she insisted they have the evidence to prove murder.
"We do believe we have a strong case. There are many evidence," the lawyer said. "Most of the rape cases, most of the killings do not really happen in the presence of so many people. That can be seen from the forensic, from the evidence."
"For example in this case, who can possibly kill Jennifer except Pemberton? He was the only one who went in and was the only one who got out, and we have a witness who can prove...who was sitting out the door the whole time," she added. -- ANC
source: www.abs-cbnnews.com
