Showing posts with label Filipino Transgender Jennifer Laude. Show all posts
Showing posts with label Filipino Transgender Jennifer Laude. Show all posts

Wednesday, December 2, 2015

Fil-Ams weigh in on Pemberton guilty verdict


The legal counsel for the US Pinoys for Good Governance offers analysis of the Olongapo court's guilty verdict of US Marine Joseph Scott Pemberton in the homicide of transgender Filipina Jennifer Laude.

Balitang America, December 2, 2015

source: www.abs-cbnnews.com

Tuesday, December 1, 2015

Pemberton found guilty of homicide


MANILA  – US Marine Lance Corporal Joseph Scott Pemberton on Tuesday was found guilty beyond reasonable doubt of the crime of homicide for the killing of transgender woman Jennifer Laude.

Judge Roline Ginez-Jabalde of the Olongapo City Regional Trial Court's Branch 74 handed down a guilty verdict and sentenced Pemberton to 6 years as minimum to 12 years as maximum imprisonment.

The court also ordered Pemberton to pay Laude's heirs P4.32 million for loss of earning capacity, P155,250 as reimbursement for wake and burial expenses, P50,000 for moral damages, P50,000 as civil indemnity and P30,000 for exemplary damages.

The court noted that the P100 millon in damages being sought by the victim's heirs is ''excessive and outrageous and has no basis at all.''


Pemberton was originally charged with murder before the court, but this was downgraded to homicide due to the absence of any aggravating circumstance. The court said it cannot appreciate the qualifying circumstance of treachery, which is a ground for murder.

The court likewise cited two mitigating circumstances in the Laude slay.

The first is that "passion and obfuscation" as mitigating circumstance were present in the Laude case.

It noted that Pemberton was deceived into paying for sex with Laude, not knowing that the latter was a man.

''Pemberton could have been so excited and sexually aroused and started reaching for a vagina, hoping to consummate the act. When he felt something weird, he realized what was on top of him was a man,'' the court said.

"This overcame his reason and self control," the court added.

The court said the second mitigating circumstance afforded to Pemberton was his intoxication defense.

''Pemberton did not have any plan to kill Laude as he and his buddies were only out on liberty. Thus, his drunkenness is not subsequent to kill Laude,'' the court said.

The court also granted weight to the testimony of US Marine Lance Corporal Jairn Michael Rose and Corporal Christopher Miller.

Rose earlier told the court Pemberton admitted: "I think I killed a he or she" on the night of Laude's death.

Miller, meanwhile, said Pemberton told him that he "might have f*cked bad."

''The admissions by the accused to Corporal Rose and Miller are considered admissible as evidence against the accused,'' the court said.

Laude's body was discovered inside the bathroom of Celzone Hotel in Barangay West Tapinac, Olongapo City in October last year.

Hotel staff found the lifeless Laude wrapped in a bed sheet, with her head slumped in the toilet bowl.

Police said Laude checked in at the hotel with a foreigner, who appeared to be in his mid-20s. The foreigner then left the room after about half an hour.

Initial investigation revealed Laude's neck was pressed down on the toilet seat, while her head was being shoved into the toilet bowl.

Police then tagged a US Marine as the person who accompanied Laude in the motel. This US personnel would later be identified as Pemberton.

On December 15, 2014, prosecutors found basis to file murder charges against Pemberton for the death of Laude, and ordered the latter to face trial for murder in a Philippine court. He was ordered arrested a day later and had since stayed in a US-controlled detention facility in Camp Aguinaldo.

In what was considered a breakthrough in the case, Pemberton himself admitted that hechoked and hit Laude during his trial.

In his direct testimony in court, Pemberton alleged this was done in defense of his honor and life after he there was an exchange of blows between them when he found out that a fellow male gave him oral sex.

However, the court dismissed Pemberton's self-defense argument, noting that there was no unlawful aggression on the part of Laude.

''Unlawful aggression is wanting under the circumstances. Attack coming from Laude did not put in peril life of Pemberton,'' the court said.

Pemberton's lawyers' basis for saying that the US Marine should be acquitted was the prosecution's supposed failure to explain why Laude's neck bore traces of three kinds of DNA, including those of the victim and the suspect.

Defense lawyers' had theorized that another person might have killed Laude, said by forensic experts to have died on Oct. 12. Pemberton left the hotel at 11:30 p.m. the previous day.

However, the court said the defense failed to establish how the other people who had knowledge of Pemberton and Laude's presence in the motel could have perpetrated the killing.

It said there is also the possibility that the DNA of the third person could come from any of the investigators and rescuers.

''All of the above circumstances sufficiently established were taken together by the court as they formed an unbroken chain that led to the reasonable conclusion that Pemberton, to the exclusion of all others, is responsible for killing of Laude,'' the court said.

The court added that while defense witnesses managed to establish Pemberton's good character, ''if the evidence of the crime is clear and convincing, evidence of good character will not prevail.''

The death of Laude triggered calls for the abolition of the Visiting Forces Agreement, which allows US forces to have a rotational presence in the Philippines.



Prosecution lawyers Harry Roque and Virgie Suarez lamented that the US Marine should have been convicted for murder instead.

"This is not of course a complete justice, but we have to recognize that there is victory here," said Suarez.

Roque questioned why the court ruled that there was no evidence of cruelty in the slay of Laude when she was supposedly clearly brutally killed.

The mother and sisters of Laude, likewise, expressed the same sentiments.

"Nagpapasalamat ako sa lahat. Nasiyahan naman ako dun sa pagbasa dahil inisa-isa, hinimay-himay talaga lahat... Pero hindi ako kuntento dun sa sinabi na anim na hanggang sampung (sic) taon. Bakit ganun?" said Laude's mother, Julita.

"Ang importante makukulong siya. Hindi nasayang yung pinaglalaban namin. Makukulong siya. Hindi nasayang ang buhay ng anak ko na hindi niya mapagbabayaran," added Julita in tears.

source: www.abs-cbnnews.com

Tuesday, June 30, 2015

Lubricant found in Pemberton's penis, Laude's anus


MANILA - Prosecution rested its case today after presenting 28 witnesses and 400 documentary and physical evidence in the murder trial of US Marine Lance Corporal Joseph Scott Pemberton for the killing of Filipino transgender Jennifer Laude.

According to Olongapo Deputy City Prosecutor Misael Ladaga, among the very damaging testimonies made during their presentation of testimony and evidence were those of Laude's friend, Mark Clarence Gelviro alias ''Barbie'', and motel cashier Elias Galamos.

Barbie earlier identified Pemberton in a photo line-up provided by the US Naval Criminal Investigative Service (NCIS) as the man last seen with Laude before she was found dead.

Galamos, on the other hand, claimed he saw Pemberton leaving the motel room where Laude was later found dead.

The prosecutors also considers strong the testimonies of Pembrton's four fellow Marines, the documentary pieces of evidence of the US NCIS and pathological reports of the Philippine National Police crime laboratory.

They believe they have presented more than enough evidence to secure a conviction.

The last to testify for the prosecution was NCIS agent Richard Bush, who took panoramic photographs of the crime scene and corroborated earlier testimonies made by other NCIS agents.

Private prosecutors Harry Roque and Virgie Suarez, meanwhile, said that they are satisfied with the presentation of witnesses and evidence.

The prosecutors submitted their formal offer of evidence to Judge Roline Ginez Jabalde of Olongapo Regional Trial Court Branch 74.

Jabalde set the next hearing on August 3 where the defense panel will begin presenting its witnesses and pieces of evidence.

The defense panel requested four hearing days to present their case.

Among the witnesses they intend to present are Pemberton, his mother, and other NCIS agents.

If the planned presentation of the defense panel is on schedule, prosecutors believe the judge can come up with a judgment before the end of September or early October.

Meanwhile, the defense filed an urgent motion for the PNP crime laboratory to inspect the condom wrapper which was found inside the room where Laude was killed.

The request was made a week after Jessica LeCroy, latent print examiner of the US Army Criminal Investigation Laboratory (USACIL), said a "suitable latent fingerprint " of Pemberton was found in the condom wrapper recovered in the bathroom where Laude was found dead.

Derek Dorrien, a forensic lubricant expert also of the USACIL, testified that the lubricant found in the condom wrapper is the same lubricant found in the penis and body of Pemberton.

He said the same lubricant was also found in Laude's anus.

source: www.abs-cbnnews.com

Tuesday, December 16, 2014

Pemberton has low morale, being guarded vs suicide


MANILA - US Marine Joseph Scott Pemberton, suspect in the murder of Filipino transgender Jennifer Laude, is in very low spirits more than two months after the incident, an Armed Forces spokesman said Tuesday.

"Siyempre, bata pa yan. Siguro pagkatapos niyang ma-realize kung ano yung ginawa niya, nalungkot siya talaga," AFP spokesman Col. Restituto Padilla said.

Padilla said Pemberton is being closely monitored to prevent the possibility of him wanting to hurt himself, or worse.

AFP Chief of Staff Gen. Gregorio Catapang Jr. earlier said that a fellow US Marine was detailed with him inside his detention cell, to prevent him from committing suicide.

A source said it gravely affected Pemberton emotionally when he realized that his actions had tarnished the name of his unit and the rest of the US Marine Corps. This, apart from realizing the gravity of the case that he now has to face.

The Philippine military also declined to say whether there were any preparations being done for the possible transfer of Pemberton to a different detention cell, saying all decisions will emanate from the Visiting Forces Commission, as agreed upon by both the governments of the Philippines and the United States.

Pemberton was reportedly on furlough after participating in a naval drill between Filipino and US forces in Zambales, when he allegedly killed 26-year-old Laude in Room 1 of Celzone Lodge on Magsaysay Boulevard, Olongapo City.

The charge sheet against Pemberton released on Monday detailed what the prosecutors said was an unprovoked and relentless attack against a defenseless victim.

"Respondent Pemberton choked Jennifer from behind. Obviously, in that position, Jennifer was deprived of the opportunity to defend herself," the six-member prosecutors panel said in the charge sheet.

"Undeniably, respondent (Pemberton) made sure that Jennifer was dead. He did not stop at badly beating her up and choking her, he made sure she suffered to her death.

"He deliberately and repeatedly plunged her head down the toilet until she breathed her last." With Agence France Presse

source: www.abs-cbnnews.com