Pemberton insists Laude case not murder
Joseph Scott Pemberton. Photo from Olongapo City Police
MANILA, Philippines—US Marine Lance Corporal Joseph Scott Pemberton appealed the Department of Justice’s (DOJ) ruling that he should be charged with murder for the death of Filipino transgender Jeffrey “Jennifer” Laude.
In his 24-page motion for reconsideration, Pemberton insisted that the DOJ should have dismissed the murder case for lack of evidence.
“Contrary to the findings of this Honorable Office, the evidence on record does not support the existence of probable cause to indict respondent, Pemberton with either homicide or murder,” Pemberton’s motion for reconsideration said.
Pemberton is specifically asking the DOJ to reconsider its review resolution last January 27 and instead dismiss the murder charge for “absence of any qualifying circumstance for murder (in which case the charge should be homicide).”
In his appeal, he said the DOJ violated his right to due process when it accepted additional evidence like the Naval Crime Investigation Service Report without giving him the right to examine it. The evidence was accepted after there Pemberton waived his right to submit counter-affidavit and termination of the preliminary investigation.
“Respondent Pemberton never even had the opportunity to examine these purported evidence against him, much less be given the right to question their credibility, authenticity and veracity when the case was already submitted for resolution,” the motion stated.
“The essence of due process is to be found in the reasonable opportunity to be heard and submit any evidence one may have in support of one’s defense. While the right to a preliminary investigation is statutory rather than constitutional…it is a component part of due process in criminal justice,” the motion for there stated.
The motion reiterated that treachery does not exist in the case as there was “no direct evidence of the means and methods employed in the execution of the alleged crime and of the purported killer’s deliberate intent in employing this manner of execution.”
His lawyers also stressed that there was no abuse of superior strength, citing the supposed lack of evidence showing there was notorious inequality in the relative strength of the parties.
“There is also nothing to prove that there was a premeditated plan to take advantage of superior strength in the alleged commission of the crime,” they argued.
As to the element of cruelty, they claimed there was no concrete proof to establish that the purported killer intended to augment the suffering of the victim for his own pleasure.
Contrary to the finding of the DOJ that the mere presence of wounds in the body of Laude would suffice, the lawyers argued that the perpetrator’s intent should be essential.
Pemberton’s camp likewise insisted that there was no direct evidence linking him to the killing, contesting the DOJ finding that prosecution may be based on circumstantial evidence gathered by investigators – including the CCTV footage and statement of witness “Barbie.”
“Contrary to this Honorable Office’s conclusion, the said evidence is grossly insufficient to support its finding that there is probable cause to believe that Respondent Pemberton killed Laude,” read the appeal.
Pemberton’s arraignment is set on Monday, Feb.23 following the DOJ’s dismissal of his petition for review.
Meanwhile, Justice Secretary Leila de Lima said even with the pending motion, she does not see any reason why the arraignment would not push through.
“Procedurally, even when there’s no resolution yet on the MR, nothing can prevent the judge from proceeding with the arraignment because what the petition for review was already resolved and the 60-day suspension has already lapsed,” she explained.
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