Philippine Pres. Duterte Grants Pardon to Cpl. J.S.Pemberton on The Murder of Transgender Woman

         

              

 

Philippines President Rodrigo Duterte has granted "an absolute pardon" to U.S. Lance Cpl. Joseph Scott Pemberton convicted of killing a transgender woman in 2014.

The surprise move to free the 25-year-old American Marine comes just days after the president's office said it would intervene to block his early release.

The pardon has angered Philippine nationalists who resent the U.S., and gay and transgender groups who fear the decision encourages hate crimes against them.

Pemberton was sentenced in 2015 to a term of six to 12 years for homicide, a sentence that was later reduced to 10 years. Prosecutors sought the more serious charge of murder but the judge at the time downgraded the charge because the element of "treachery" had not been proved.

Pemberton, then 19, and 26-year-old Jennifer Laude had met in a nightclub outside Subic Bay, a former U.S. naval base, when he was in the Philippines for joint military exercises in 2014. Closed circuit television video presented at trial showed the two entering a hotel together, and he is seen leaving alone. A hotel worker found Laude dead, her head slumped over a toilet with a broken neck. The corporal testified that there had been a scuffle in which he put Laude into a headlock but that she had been alive when he left the room.

Hearing of his release, a lawyer for Pemberton quoted the serviceman as saying, "I am very happy." Attorney Rowena Garcia-Flores said when she met with him a few days ago, he expressed a willingness to apologize to the Laude family, even belatedly.

A lawyer for Laude's family called the pardon "revolting" and said it makes "a mockery of the judicial and legal systems in the Philippines."

Last week a Philippines court ordered authorities to release Pemberton early for good conduct. Laude's family protested and appealed. In seeming solidarity, the President's Office said it planned a separate appeal.

The early release order rekindled perceptions that American military personnel who run afoul of Philippine laws can get special treatment.

Last week, presidential spokesman Harry Roque had said in a news conference, "Our compatriot cannot be treated like an animal." He said that Pemberton's "light penalty" showed that "Americans continue to have the status of conquering colonials in our country."

Pemberton, an anti-tank missile operator from New Bedford, Mass., was one of thousands of Americans who have participated in exercises under the U.S. Philippines Visiting Forces Agreement, the legal framework for the temporary visits of U.S. forces.

Duterte ended the allies' agreement earlier this year, but later backtracked and lifted the termination.

On Monday he reversed course in the case of Pemberton, granting him a full pardon.

Aides said the decision to pardon Pemberton advanced the president's stated foreign policy to be friends to all, enemies to none. Duterte defended his decision in a public address that aired Monday, asserting that Pemberton "should be allowed the good character presumption," because he had behaved well behind bars. "If there is a time when you are called upon to be fair, be fair," Duterte said.

Laude family lawyer Virgie Suarez was quoted by The Washington Post as saying, "There are too many Filipino convicts already in their twilight years serving their sentence." Suarez said, "Why give it [the pardon] to a foreigner, a U.S. soldier who committed an atrocious crime?"

The president's spokesman said that while Duterte's pardon has "erased whatever punishment" Pemberton faced, "what will never be erased in the president's mind is the conviction of Pemberton, who is a killer."

During his four years in office, Duterte has frequently pursued a hostile line toward the United States, decrying it as a former colonial power, while he gravitated toward China.

The pardon could help to mend those strains. It comes at a time when Chinese aggressiveness in the South China Sea has unified neighboring countries, including the Philippines, unsettled by China's behavior in the disputed waters.

The decision has sparked protest from several quarters.

Christine Palabay, secretary general of the left-wing activist group Karapatan, said in a statement that the pardon of Pemberton "is a hard slap on the LGBTQ community and a blatant affront to our national sovereignty."

Metro Manila (CNN Philippines) — Jeffrey "Jennifer" Laude, a 26-year-old Filipino transgender, would have married German fiancé Marc Sueselbeck in 2015. But last October 11, 2014, Laude was found dead in the bathroom of a motel room in Olongapo City — neck blackened with strangulation marks and head rammed into a toilet.
The man who allegedly left her in that state was U.S. Marine Lance Corporal Joseph Scott Pemberton.
This timeline, as pieced together by court decisions and investigators from interviews with witnesses, traces the events from the night of Jennifer Laude's death.
October 11, 2014Laude, 26, met a "white foreigner" at Ambyanz Disco on Magsaysay Drive in Olongapo City while having a drink with her friend, Mark Clarence Gelviro a.k.a. Barbie.
Laude agreed to go to a motel with the foreigner she just met at around 10 p.m. and the two headed to Celzone Lodge in Olongapo City. Barbie also tagged along.
While Barbie was in another room with a different companion, Laude and her American acquaintance stayed in Room 1.
Later that night, Laude was found dead — naked with her head submerged in the motel room's toilet.
The man who allegedly left her in that state was 19-year-old Joseph Scott Pemberton, a member of the U.S. Marine Corps 2nd Battalion-9th Marines of the West Pacific Express.
October 15, 2014Marilou Laude, Jennifer's sister, filed a murder complaint against Pemberton, who reportedly remained in Subic, Olongapo City.
October 17, 2014The Philippine National Police (PNP) and Regional Crime Laboratory Office officially released a report confirming that Laude died due to asphyxia.
The Department of Foreign Affairs (DFA) delivered a subpoena for Pemberton to the U.S. Embassy in Manila. Pemberton reportedly remained on board the USS Peleliu, the ship where his group was assigned to, which was docked at the Subic Bay Port.
October 18, 2014Barbie was placed under the Witness Protection Program.
October 20, 2014Jennifer's fiancé Marc Sueselbeck arrived in the Philippines.
October 21, 2014Pemberton was a no-show at the preliminary investigation at the Olongapo City Prosecutor’s Office. His lawyer, Rowena Garcia Flores, said that Pemberton was not compelled by the subpoena to attend the hearing but was asked to submit a counter-affidavit.
October 22, 2014Pemberton was transferred via helicopter to the Joint United States Military Advisory Group (JUSMAG) inside the Armed Forces of the Philippines (AFP) facility in Camp Aguinaldo, Quezon City. Sueselbeck and Marilou climbed a perimeter fence in Camp Aguinaldo in an attempt to confront Pemberton.
Barbie testified at the hearing headed by the Senate Committee on Foreign Relations.
USS Peleliu left at 12:45 p.m. for its base in Okinawa, Japan.
October 24, 2014Jennifer Laude was laid to rest at the Heritage Memorial Park in Olongapo City.
October 26, 2014The Bureau of Immigration prevented Sueselbeck from leaving the country due to a "pending deportation case for undesirability."
October 27, 2014Pemberton was still a no-show at the preliminary probe. Rowena Garcia Flores, Pembereton's lawyer, filed a motion to "declare the absence of probable cause for murder or any other crime." The motion is asking the murder charge to be reduced to homicide, but it was eventually rejected by the head of the preliminary investigation.
November 1, 2014Sueselbeck left the country after his appeal for voluntary deportation was granted. He promised to return despite being barred from entering the Philippines.
November 3, 2014Prosecutor Emilie de los Santos rejected Pemberton's plea and said the prosecution panel would rule on probable cause after completing the process.
November 5, 2014Prosecutors conducted an inspection of the Ambyanz Disco and the Celzone Lodge in Olongapo.
The Olongapo City Prosecutor’s Office granted the Laude family's request for Pemberton’s buccal swab and fingerprints to be gathered.
Pemberton’s camp filed a motion for reconsideration regarding the matter.
November 18, 2014The Supreme Court denied the Laude family's petition to intervene.
November 28, 2014The prosecution ruled that, based on the forensic test done by local authorities, Pemberton's DNA did not match any DNA found on pieces of evidence gathered during the probe. Olongapo prosecutor’s office submitted the Laude murder case for resolution.
December 15, 2014The Olongapo City Prosecutor’s Office, headed by De los Santos, found probable cause to file murder charges against Pemberton. No bail was granted for the capital offense filed. The qualifying circumstances cited were treachery, abuse of superior strength, and cruelty.
December 16, 2014
The Olongapo Regional Trial Court (RTC) Branch 74 issued a warrant of arrest for L/Cpl Joseph Scott Pemberton.
The Philippine government demanded custody of Pemberton. The Department of Foreign Affairs (DFA) said two letters had been sent to U.S. Embassy officials through the DFA’s American Affairs Office — one transmitting the arrest order against Pemberton and the other requesting his custody.
December 19, 2014Pemberton surrendered himself to the jurisdiction of the court, according to Laude family legal counsel Harry Roque.
Pemberton was booked, a process that included having his mugshots and fingerprints taken and undergoing a medical exam.
Pemberton’s camp filed a motion to suspend proceedings at the Olongapo Regional Trial Court due to motion for review filed before the Department of Justice (DOJ).
December 22, 2014Pemberton asked the DOJ to dismiss the murder case filed against him. He also filed a motion to downgrade the case from murder to homicide.
State prosecutors asked Olongapo City RTC Branch 74 Judge Roline Ginez-Jabalde to inhibit herself from the Laude slay case because of her links with one of the lawyers of Pemberton. In a manifestation, the prosecutors argued that Jabalde was the classmate of lawyer Garcia Flores, the lead counsel for Pemberton. The defense, however, said there was still a level playing field as the judge's husband was a classmate of lead prosecutor De los Santos.
December 23, 2014Olongapo City RTC Branch 74 granted Pemberton's motion to suspend proceedings for 60 days, or until the court "is furnished with a copy of the resolution of appeal by petition for review filed by the accused with the Department of Justice, whichever is earlier."
January 27, 2015DOJ affirmed finding the existence of probable cause against Pemberton for murder.
February 20, 2015DOJ denied Pemberton's petition for review of the Olongapo City Prosecutor's Office's resolution that there is probable cause against him for murder.
February 23, 2015
The Olongapo City RTC Branch 74 automatically entered a not guilty plea on Pemberton's behalf after he refused to enter any plea for the murder case filed against him at his scheduled arraignment.
February 27, 2015Laude slay case pretrial conference is scheduled.
March 10, 2015The possibility of a plea bargain for Pemberton was taken up at the pre-trial hearing, but Atty. Virgie Suarez of the prosecution clarified that the defense made no offer and the prosecution did not ask for anything.
March 23, 2015This day marked the first day of trial on the Laude murder case against Pemberton.
The Laude family denied reports they were willing to enter plea bargain deal with Pemberton’s camp. In an interview, Laude's mother Julita and sister Marilou claimed it was only Angeles City Chief State Prosecutor Emilie de los Santos who wanted to strike a plea bargain agreement with Pemberton's camp.
The Laude family also submitted a letter to DOJ asking for the replacement of De los Santos as the state prosecutor in Pemberton’s trial.
March 24, 2015Trial resumed. State prosecutors presented their second witness Barbie. The witness positively identified Pemberton in court as the person whom she left the victim with at Celzone Lodge — where the crime allegedly happened.
April 28, 2015Laude family sought P200 million in civil damages from Pemberton’s camp. The family's lawyer Roque said the Laudes wanted “P100 million moral and P100 million exemplary as civil damages.”
May 18, 2015Dr. Reynaldo Dave, who conducted an autopsy on Laude's body, took the witness stand during the continuation of the trial. He said the victim was punched and strangulated before being drowned to death by her killer.
May 19, 2015Marine Lance Cpl. Jairn Michael Rose testified that Pemberton admitted choking Laude. He even demonstrated how they were trained in Marines to choke and do an arm lock which was also the possible cause of Jennifer’s death.
The three US Marines, Sgt. Daniel Pulido, Lance Cpl. Bennett Dahl, and Cpl. Christopher Miller also took the witness stand against Pemberton.
June 22, 2015
American forensic experts Jessica LeCroy and Derk Dorrien, latent print examiners from the U.S. Army Criminal Investigation Laboratory, revealed that one of the three condoms and a condom wrapper recovered from the motel room had the fingerprints of Pemberton.
George Jackson, a forensic toxicologist who examined blood samples taken from Laude, disclosed that she was not under the influence of methamphetamine. The test was taken due to a report that Laude was using illegal drugs.
August 3, 2015Some evidence of the prosecution, from reports from Naval Criminal Investigative Service and PNP crime laboratory, were not admitted by Olongapo City RTC Branch 74.
Meanwhile, Pemberton’s lawyers postponed their presentation of witnesses.
August 17, 2015The defense panel presented Pemberton’s mother, Lisa, as its first witness in the trial. She said she still found it impossible that her son was being tried for killing someone. She insisted her son was not a killer.
August 24, 2015Pemberton, who took the witness stand for the first time, admitted that he choked Jennifer Laude after learning that she was also a “man.”
August 25, 2015
As the last witness of the defense, forensic expert Dr. Raquel Fortun argued that the water found inside Laude's lungs could be triggered by other factors, such as an existing medical condition, and could not instantly be concluded as drowning. She also said that Laude could have still been alive when Pemberton left the motel room, which would mean no murder was committed.
Pemberton also testified that he dragged Laude's body into the bathroom of the motel room in an attempt to revive her with water.
September 14, 2015The court postponed to September 17 the oral summation and submission of memorandum of the case, as it granted the request of Pemberton’s lawyers to defer the proceedings.
October 20, 2015The Bureau of Immigration ordered the deportation of Pemberton, deeming him an undesirable alien. In a resolution dated September 16, 2015, the Bureau of Immigration said Pemberton posed a risk to public interest.
November 19, 2015Deputy City Prosecutor Misael Ladaga said Pemberton’s lawyers filed a motion in court requesting for the postponement of the promulgation on November 24, prompting Judge Roline Ginez-Jabalde to reset it a week later (December 1).
Laude family's private counsel, Virgie Suarez, said that allegedly the three counsels of Pemberton are not available on November 24.
November 24, 2015The Supreme Court dumped Laude family’s petition seeking to transfer the custody of Pemberton from Camp Aguinaldo to the Olongapo City Jail, a regular jail.
December 1, 2015The Olongapo City RTC Branch 74 found Pemberton guilty of homicide — and not murder — in the death of Laude. He was sentenced to six to 12 years of imprisonment.
December 16, 2015Pemberton asks court to grant him bail. His lawyers said the court could grant bail to a person convicted of homicide or any crime with a penalty of reclusion temporal.
March 29, 2016The Olongapo Regional Trial Court Branch 74 reduced Pemberton's prison sentence from 6-12 years to a maximum of 10 years, by virtue of his motion for reconsideration.
April 18, 2016Pemberton’s lawyer sent a notice to the Olongapo court that he has filed an appeal to the Court of Appeals.
April 10, 2017The Court of Appeals affirmed the conviction of Pemberton for killing Jennifer Laude. His plea to reverse the guilty verdict was junked because his defense lacked merit. CA also ordered Pemberton to pay Laude's family P75,000 as civil indemnity and P75,000 as moral damages. This was an increase from the initial P50,000 that Pemberton was ordered to pay Laude's family.