We have evidence to prove murder vs Pemberton: Laude family's lawyer

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

PH seeks custody of US Marine charged with murder

The Philippine government sought formal custody Tuesday of a US Marine charged with murder over the death of a Filipino transgender woman after a court ordered his arrest.

In a case that has fanned anti-American feelings and tested close military ties, Joseph Pemberton was charged Monday with murdering a transgender woman who was found dead at a cheap hotel in the northern port city of Olongapo in October.

A lower court in Olongapo ordered the defendant's arrest Tuesday and ruled he will not be entitled to post bail, court officials said.

"We welcome the progress made so far on the case, and as we stated earlier, we will now formally seek custody over the accused," foreign department spokesman Charles Jose said in a statement.

Pemberton has remained under official US custody even after he was transferred from a US warship off Olongapo to the Philippine military headquarters in Manila amid a public outcry.

Jennifer Laude, a 26-year-old transgender woman also known as Jeffrey, was found dead on October 12 in a cheap hotel in a red light district of the port city of Olongapo.

Pemberton, 19 at the time, had just finished taking part in US-Philippine military exercises near Olongapo and checked into the hotel with Laude. He was the last person seen with her, police said.

Murder is punishable by up to 40 years in jail.

The US embassy issued a statement Tuesday on the murder charge against Pemberton, but made no mention of the court order for his arrest.

"In accordance with the US-Philippine Visiting Forces Agreement, the United States has a right to retain custody of a suspect from the commission of the alleged offence until the completion of all judicial proceedings," it said.

"The United States will continue to work closely with the Philippine government to help ensure justice is served and the rights of all persons are protected."

A US embassy spokeswoman did not immediately reply to requests for comment by AFP on the arrest order and the foreign department's request to seek custody of Pemberton.

Laude's death sparked street protests in the Philippines, a former US colony that gained independence in 1946 but has retained a close alliance.

The United States closed down two major military bases in 1992, but the allies in 1998 signed a Visiting Forces Agreement that allowed US troops to take part in war games on Philippine soil.

Military exercises involving thousands of US soldiers have since taken place each year.

source: www.abs-cbnnews.com