Murder raps filed vs U.S. Marine accused of killing Pinoy transgender - report

From InterAksyon (Oct 15): Murder raps filed vs U.S. Marine accused of killing Pinoy transgender - report

Murder charges were filed against Joseph Scott Pemberton late Wednesday afternoon by lawyer Harry Roque on behalf of the family of Filipino transgender Jeffrey "Jennifer" Laude, who was allegedly killed by the U.S. Marine in an Olongapo City inn on October 11, 2014.

Roque and Laude's family went to the Prosecutor's Office at the Olongapo City Hall of Justice before 5 p.m. to file the complaint against United States Private First Class Pemberton of the 2nd Battalion, 9th Marines, according to a report by dzMM radio.

The report said Roque, who was also with police officers who investigated the crime that took place at Celzone Lodge Saturday night, also submitted to the prosecutor the sworn affidavits of two witnesses and photos of the crime scene.

Earlier, Roque wrote his thoughts on the alleged murder.  In his blog, the lawyer said, “We should learn from history, foreign military presence and national interest do not mix well,” he said. "Laude’s case recalls yet again the iniquitous provisions of the Visiting Forces Agreement on detention facilities for US servicemen found guilty of violating Philippine laws."

He also noted that he had filed a petition "questioning the Visiting Forces Agreement (VFA) in the wake of a conviction by the Makati City Regional Trial Court of US serviceman Daniel Smith in 2006 for the rape of a Filipina, Suzette Nicholas, also in Subic Bay."

Roque said he filed the petition after Philippine authorities transferred Smith from the Makati jail to the United States Embassy before Smith could be turned over to the National Penitentiary.

VFA to seek custody of Pemberton

In an interview with dzMM radio Wednesday afternoon minutes before the news report on the filing of murder charges against Pemberton, retired Armed Forces of the Philippines (AFP) chief of Staff Eduardo Oban Jr., head of the Presidential Commission on the VFA, said the body would seek for the custody of the U.S. Marine once the case is filed against him.

"We will have to abide by the provisions of the VFA. We have to present our position in terms of custody to the U.S. government...We will forward that particular government position once the case is filed," said Oban.

Also, Oban said Pemberton would be subject to questioning by investigators from the Philippine National Police. "Naghihintay lang ng abogado (They are just waiting for the counsel for Pemberton)."

The U.S. Marine is currently being held onboard the amphibious assault ship USS Peleliu docked in Subic, Zambales. Oban said he thought that it would be "more appropriate" for Pemberton to "come down" from the ship" so that he he would be under the jurisdiction of the Philippines.

"Kasi jurisdiction nila 'yong barko [Because the ship is still under U.S. jurisdiction]," said Oban.

Earlier, Philippine Department of Foreign Affairs (DFA) spokesperson Charles Jose also said the country would seek custody of Pemberton if it would be proven that he had a hand in the slay of Laude.

"I think we will and we should but there's no guarantee (that the) U.S. will grant our request,” Jose told Agence France-Presse in an interview Tuesday.

On Wednesday, women’s group GABRIELA assailed the DFA “for issuing vague and irresolute statements on the diplomatic note it will send to the U.S. to acquire custody” over the case.

“So far statement does not even pretend to assert Philippine custody, it seems to be merely suggesting it to the U.S.,” the group said.

“The injustice done to Jennifer does not merit such ambivalence and defeatism. The outraged citizens need to hear a stronger, more forceful assertion from an aggrieved country,” said Joms Salvador, secretary general of GABRIELA.

http://www.interaksyon.com/article/97332/murder-raps-filed-vs-u-s--marine-accused-of-killing-pinoy-transgender---report