Prosecutors oppose appeal of Pemberton

Lance Corporal Joseph Scott Pemberton. Photo from Olongapo City Police

OLONGAPO CITY—The city prosecutor asked a court here to dismiss a motion filed by US Marine Lance Cpl. Joseph Scott Pemberton seeking to reconsider his homicide conviction for killing transgender Jeffrey “Jennifer” Laude in 2014, arguing that there was no evidence of another killer.

Chief Prosecutor Emilie Fe de los Santos, who headed the prosecution panel in Pemberton’s trial, also asked Judge Roline Ginez-Jabalde of Regional Trial Court Branch 74 in a Jan. 15 petition to deny Pemberton’s bail application.

Jabalde convicted Pemberton on Dec. 1 last year but the American serviceman’s lawyers asked for a “partial reconsideration” and clarification of the court’s decision on Dec. 21.

Pemberton’s lawyers said Jabalde ignored the evidence that could establish that another person may have killed Laude.

They also claimed that the judge did not take into account the testimony of defense witness Dr. Raquel Fortun, a forensic expert, who said Laude did not die from asphyxia caused by drowning on the night of Oct. 11 last year.

Laude was found dead inside a toilet of a motel room shortly after she and a Caucasian man rented a room for the night.

“The undisputed fact is that Laude is dead… Assuming without conceding that Laude died of strangulation, [he] would still be guilty of homicide because no one else [strangled] Laude but Pemberton,” the prosecutors said in their 12-page comment.