Faces up to 12 years in prison
JOSEPH Scott Pemberton, the US Marine Private First Class charged with murder for the death of Filipina transgender Jeffrey “Jennifer” Laude in October 2014, was found guilty on Tuesday, Dec. 1 in the Philippines, where he will remain in prison.
Pfc. Pemberton, who was on a break after taking part in joint military exercises in Subic Bay, was charged with the homicide of Laude, whom he reportedly strangled to death in the hotel room they had checked into in Olongapo City, near the former US naval base northwest of Manila.
Laude, 26, and Pemberton, 20, met at Ambyanz Disco Bar around 10:55 pm on Oct. 11, 2014, and left for the nearby Celzone Lodge motel, where they were seen checking in around 11:30 pm. Laude’s naked body was found in the early hours of the morning with her head slumped in the toilet. Two used condoms were also found in a trashcan inside the motel room.
The cause of death was determined by officials as drowning.
Pemberton was detained aboard the U.S.S. Peleliu and later at the Armed Forces headquarters at Camp Aguinaldo in Quezon City, pending the investigation.
The young Marine first testified that he was intoxicated at the time of Laude’s death, and that he became enraged after discovering Laude was a man, which led to a fight in the room and prompted a defensive chokehold. He claimed that Laude was still alive and breathing when he left the scene, leaving the door slightly open.
The Olongapo City Regional Trial Court threw out Pemberton’s defense that he merely rendered Laude unconscious in a chokehold, and that someone else had strangled and drowned her n the toilet bowl after he had left the scene, reported The Philippine Star.
Pemberton has been charged with murder but was convicted of the lesser offense of homicide, which does not require malicious intent. The court found no treachery, abuse of strength, or cruelty on the part of the soldier.
He can still appeal against the verdict and sentence, reported Reuters.
“This is not quite a victory,” said Laude’s sister, Malou. “We expected a murder conviction but instead got homicide. We are not contented with the decision.”
“No amount of money could pay for the years I spent raising my child,” said Laude’s mother, Julita Cabillan. “What they did to my child was gruesome. Just because we are poor doesn’t mean we can’t fight for justice.”
Pemberton sentenced up to 12 years
Pemberton was sentenced for six to 12 years, with time already spent in detention credited, according to the court clerk and The Associated Press. He will be held by the US-controlled Bureau of Corrections (BuCor), which has jurisdiction over national prisoners.
“Pemberton will remain at Camp Aguinaldo guarded by the Philippine National Police and BuCor personnel until his appeal is decided with finality by the court,” said the Department of Justice (DOJ), which also hinted on the possibility of Pemberton being transferred to another detention facility pending final agreement.
“In any case, [his] detention shall at all times be carried out within Philippine territory, under the guard by and in line with existing regulations of the BuCor,” the DOJ added.
The Olongapo City Regional Trial Court also ordered the Marine to pay more than 4.5 million pesos ($95,350) to Laude’s family, including expenses for the wake and burial, as well as “moral and exemplary damages,” according to USA Today.
The case sparked widespread outrage from activists and groups both at home and abroad, demanding the cancellation of joint military actions between the US and the Philippines, particularly the Visiting Forces Agreement (VFA) which allows rotational deployment of US forces into the Philippines.
The court ordered the Philippine Commission on Visiting Forces to “submit within five days from today the Memorandum of Agreement entered into…and the written agreement between duly authorized representatives of the US and the Philippines on the confinement or detention of accused Pemberton after conviction, according to Inquirer.
In 2009, the Philippine Supreme Court ruled that convicted US personnel must serve their sentences in the Philippines.
The Department of Foreign Affairs (DFA) said that under the VFA, confinement or detention by Philippine authorities of US servicemen shall be carried out in facilities agreed on by both the US and Philippine governments, by “appropriate authorities,” said Assistant Secretary Charles Jose, spokesperson for the DFA.
Both government parties agreed upon Camp Aguinaldo as the place of Pemberton’s confinement until the appeal is settled.
“This is a sad day for the Philippines. It shows the US gets what it wants,” said lawyer Harry Roque.
This year, the US has increased its military aid to the Philippines, as tensions between China have risen over territories in the South China Sea.
