'Pemberton verdict could lead to more abuse vs LGBTs'

MANILA – LGBT (lesbians, gay, bisexuals, transgender) rights advocates are criticizing the Olongapo City Regional Trial Court for coming out with the verdict on the Jennifer Laude slay case that opens the already vulnerable sector to more abuse.

US Marine Lance Corporal Joseph Scott Pemberton was found guilty of homicide and was sentenced by Olongapo City RTC Branch 74 Judge Roline Jinez-Jabalde to 6 to 12 years imprisonment.

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 attendant circumstance of treachery, which is a ground for murder. The two other attendant circumstances for murder – abuse of superior strength and cruelty – were also not proven by the prosecution, the court added.

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

Under the Indeterminate Sentence Law, if there are two or more mitigating circumstance and no aggravating circumstance, penalty lower in degree shall be the one imposed.

One of the mitigating circumstances counted in favor of Pemberton was the so-called ''passion and obfuscation."

The court ruled that Pemberton was the ''more plausible suspect'' ''because he was the only person who has the motive to kill Laude'' after ''he was deceived by Laude into believing that he was a woman, when in fact he was a man when he offered him sex for pay."

''Pemberton could have been so excited and sexually aroused and started reaching for Laude's vagina, hoping to consummate the sexual act and satisfy his sexual desire. When he felt something weird which should not have been there, he realized what was on top of him was a man,'' the court said.

''He was so disgusted and repulsed with what he discovered. He found the situation so revolting and despicable. This overcame his reason and self-control."

CHILLING EFFECT

For Bemz Benedito, chair of pro-LGBT rights group Ladlad, this decision has created a chilling effect for members of the LGBT community.

''I warned my fellow transgender sisters and brothers that this decision of the court also sets a dangerous implication and precedent to have mitigating circumstance due to the discovery of one's sexual partner's gender identity and expression. This makes us all more vulnerable and easy targets of hate crimes and bigotry related violence,'' Benedito said.

Jacob Walse-Dominguez, a San Francisco-based Filipino who actively participates in discussions of LGBT issues, said the RTC decision puts members of the LGBT community in a vulnerable position.

''My problem with this sexist and transphobic crediting is that it also creates jurisprudence for hate crimes in this country. The PH has no hate crime law yet, and if any person commits a hate crime against LGBTQs, we are essentially saying it is okay, that you can plead for a lower sentence just like Laude vs. Pemberton,'' Dominguez told ABS-CBNnews.com.

''This decision is saying that being transgender is deserving of being murdered especially since one has 'fooled' a man into sex with her.''

Dominguez argued that studies have shown that transgender folk's gender identity does not match their biologically assigned gender. Thus, he said it is possible that Jennifer had no intention to deceive Pemberton because she viewed herself as a real woman.

''This is prejudice moving within our own justice system. We cannot count on our country's laws to protect us or hold our honor,'' he said.

''Jennifer took on the gender expression of a woman because that is her gender identity. If she was still alive and we ask her 'if your physical genitalia was not considered to be inherently male or female, what do you identify as?' She would definitely say female. Laude lived as a female and acted as female because in her eyes she was one, and tried to live it out to the fullest extent this society would let her.''

Laude family lawyer Harry Roque agreed, saying the court ruling sends a wrong message to the public.

"It sends a message to the public that it's okay to commit hate crimes against LGBTs because if you suffer from a mistaken belief that a woman is in fact a man and you kill him, you'll be entitled to lesser penalty. That to me is so bad, so objectionable," Roque told ANC's Headstart.

Roque said they are studying their options to avert the possible damaging effects that could result from this ruling.

NO TREACHERY, ABUSE, CRUELTY

In her decision, Judge Ginez-Jabalde said the attendant circumstances of treachery, abuse of superior strength and cruelty were not satisfied by the prosecution.

The court said the prosecution failed to adequately describe to the court how Pemberton made use of his strength in killing Laude.

''Abuse of superior strength is not present when killing was unplanned and not premeditated, the event was not planned and not deliberated. Pemberton did not know Laude in the first place,'' the court said.

Roque said this does not make sense. ''What do they call that killing if not cruel?" he asked.

''He's a trained Marine as against a transgender, for crying out loud! I don't see why the judge did not see the [abuse] of superior strength,'' he added.

Roque added that treachery was definitely present when Pemberton choked Laude with the latter's face slumped in the toilet bowl.

The verdict handed down on Pemberton was bittersweet for the Laude family, who was glad that the US Marine was found guilty but worried that US intervention might snatch justice away from their hands.

source: www.abs-cbnnews.com

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

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

Court: Laude died of asphyxia by drowning

MANILA - The Olongapo regional trial court handling the murder case of Jennifer Laude ruled that the victim died of drowning.

The Olongapo City Regional Trial Court Branch 74 gave credence to the findings of prosecution witness PNP Crime Laboratory - Region 3 head Dr. Reynaldo Dave who earlier said there were traumatic injuries on the neck of Jennifer, which could mean strangulation; as well as fluid oozing from her lungs, which could mean there was drowning.

"This court gives more credence to prosecution witness Dr. Dave's testimony as it is more consistent with the injuries sustained by the deceased," the clerk of court said, reading the court's decision.

The court will soon release its verdict on the primary respondent in the case, US Marine Lance Corporal Joseph Scott Pemberton.

During the promulgation, the court also dismissed Pemberton's excuse that he tried to revive Laude.

"The accused's intent to drown the deceased was even made more manifest when he brought Laude to the side of the toilet where he can easily and conveniently access the flush lever as he maintains the deceased head inside the toilet bowl," the court said.

"This court considers the crime scene autographs and finds the body's position relevant to the toilet's flush lever more logical since the accused had more ease to access the flush lever, enabling him to simultaneously press the lever - releasing the water down the toilet bowl - and maintain the victim's head also down the boil."

"Had the accused's intention is to revive the victim, the body should have been recovered slumped to the bathroom floor beneath the shower head and faucet, his head not inside the toilet bowl."

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.

source: www.abs-cbnnews.com

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

What US experts discovered in Laude slay

MANILA - Three US experts on Monday testified in the trial of US Lance Corporal Joseph Scott Pemberton, who is accused of killing Filipino transgender Jennifer Laude.

Jessica LeCroy, latent print examiner of the US Army Criminal Investigation Laboratory (USACIL), told the Olongapo City trial court that 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.

Dr. George Jackson, a toxicologist of the US Armed Forces Medical Examiner System (AFMES), meanwhile said Laude's blood tested negative for either toxins or illegal drugs.

His testimony debunked earlier allegations that Laude was a drug-user.

All of the three are internationally recognized experts and it's their first time to testify in a trial in the Philippines. - with reports from ANC, The Philippine Star

source: www.abs-cbnnews.com

Laude's sis: I wanted to shove Pemberton

MANILA - "Why did you kill Jennifer?"

The sister of slain Filipino transgender Jennifer Laude confirmed seeing US Marine Joseph Scott Pemberton inside an Olongapo regional trial court on Friday.

Marilou Laude said seeing Pemberton, the suspect in the murder of Jennifer, in court brought mixed emotions.

"Mixed emotions. Natatakot, nagagalit. Kung puede lapitan ko siya, tanungin, kung pwede iuntog ko siya sa pader pero napakaraming gwardiya. NCIS na naka-buddy sa kanya."

(I was afraid, angry. If only I could go near him, ask him. If only I could shove his head to a wall but there were so many guards, members of the Naval Criminal Investigative Service.)

She said she was able to take a picture of Pemberton inside the court.

Marilou said Pemberton looked at her and then looked away.

If given a chance, she said she wanted to ask Pemberton why he killed Jennifer.

"Ang gusto ko itanong sa kanya paano niya napatay ang kapatid ko e yung mukha niya napakainosente? Paano nya nagawang patayin ng ganun kabilis yung kapatid ko na walang reason?"

Pemberton is facing a murder case for the killing of Filipino transgender Jennifer Laude in Olongapo City last October 11.

He is currently detained at the Mutual Defense Board – Security Engagement Board (MDB-SEB) facility in Camp Aguinaldo.

On Friday, Pemberton was brought to the court for his fingerprints and mugshots. He also underwent a medical exam.

He was then brought back to the MDB-SEB facility.

Atty. Virgie Suarez, a lawyer of the Laude family, said Pemberton submitted himself to the jurisdiction of the court and was booked.

Atty. Harry Roque, another lawyer of the Laudes, said he will file a motion to have Pemberton transferred to a regular jail. He insisted that only the court can decide on the issue of custody for Pemberton.

source: www.abs-cbnnews.com

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