CA affirms Pemberton’s conviction on killing of Laude

The Philippine Court of Appeals (CA) has upheld with finality its earlier decision convicting United States Marine Lance Corporal Joseph Scott Pemberton for killing Filipino transgender woman Jeffrey “Jennifer” Laude in October 2014.

In a resolution issued on Tuesday, August 15,  the appellate court’s former Special 16th Division dismissed the appeal filed by Pemberton seeking to reverse the CA’s decision last April, which affirmed the earlier ruling of the Olongapo City Regional Trial Court (RTC) against him.

“With respect to Pemberton’s motion, we maintain our ruling that his invocation of self-defense is an admission of the killing and of its authorship,” the CA decision read, penned by Associate Justice Marlene Gonzales-Sison.

The CA said that Pemberton’s arguments are a mere “rehash of issues” already discussed in its decision in April 3 of this year.

In its recent resolution, the court again dismissed Pemberton’s argument that he killed Laude in self-defense after the latter allegedly attacked him when he discovered Laude’s real gender.

“The allegation of Pemberton that he was slapped by Laude could not even be corroborated by any medical findings. Worthy to note that according to Pemberton, the slap he allegedly received made his ear ring which if true should have promoted Pemberton to immediately seek medical attention,” the CA said.

The court reiterated that self-defense implied Pemberton’s admission that he committed the criminal act.

It further said that the U.S. marine’s immediate escape from the Celzone Lodge in Olongapo City is a sign of guilt.

“The bits of evidence, pieced together, point to Pemberton as the killer of Laude. Ostensibly, our rules make no distinction between direct evidence of a fact and evidence of circumstances from which the existence of a fact may be inferred. Pemberton’s criminal liability for homicide stands,” the CA added.

The court, likewise, upheld its order to Pemberton to pay Laude’s family P4.32 million for loss of earning capacity, P30,000 for exemplary damages, P75,000 for civil indemnity, P75,000 for moral damages, and P155,250 for the wake, burial, and related expenses.

The CA also maintained it its affirmation on the RTC’s ruling which sentenced Pemberton to a maximum of 10 years of imprisonment.

Pemberton is currently detained at the Armed Forces of the Philippines  (AFP) headquarters at Camp Aguinaldo in Quezon City.