Pemberton booked but not arraigned, to remain detained in Camp Aguinaldo

From InterAksyon (Dec 19): Pemberton booked but not arraigned, to remain detained in Camp Aguinaldo

US Marine Lance Corporal Joseph Scott Pemberton was presented to the Olongapo regional trial court Friday morning and was booked but his expected arraignment did not push through after the court decided to first hear a motion to suspend proceedings against him.

Judge Roline Ginez Abalde of Olongapo Regional Trial Court Branch 74 also issued a commitment order for Pemberton's continued detention at the Joint US Military Assistance Group in Camp Aguinaldo, where he is under American guard and jurisdiction.

The American is charged with murder for the death in October of transgender woman Jennifer Laude in Olongapo.

Pemberton's motion is scheduled for hearing on Monday.

Despite the commitment order, lawyer Harry Roque, counsel of the Laude family, said Friday's booking was significant because it signalled the assumption of jurisdiction over Pemberton by the court which, he stressed, has the authority to decide on any matter concerning the accused American, including where he should be detained.

Roque also said they would file a motion within the day to have Pemberton committed to a local jail.

Earlier, another lawyer of the Laudes, Virgie Suarez, said they woud ask that Pemberton be detained in Olongapo.

Despite the US's refusal to surrender custody of the suspect, invoking its rights under the Visiting Forcces Agreement, and the Philippine government's decision not to press the matter, Suarez maintained: "Dito naganap ang krimen sa (The crime happened here) Olongapo City, he (Pemberton) was not on official duty when he committed the crime, so our position is that he should be committed to (a) jail here in Olongapo City)."

At 5:12 a.m., the convoy of heavily tinted vehicles, two of these with diplomatic plates, that left the Joint Military Assistance Group Compound in Camp Aguinaldo with Pemberton onboard some two hours earlier arrived in Olongapo, passing through the gates of the city engineering department and throwing off journalists waiting in front of the Hall of Justice.

Among those seen entering the Hall of Justice earlier was Timothy Stone, a US Naval Service lawyer, and representatives of the US embassy in Manila.

Media were not allowed into the Hall of Justice, which was guarded by a multi-layered barricade manned by at least 100 police personnel who deployed around the building at 4 a.m.

Both US and Philippine authorities are on alert as the case has sparked protests both in Olongapo and Manila, and spurred calls to review or even scuttle the Visiting Forces Agreement (VFA) that governs the handling of American personnel involved in criminal cases in the Philippines.

Activists have also found cause to ask the Supreme Court to totally shoot down the more recent Enhanced Defense Cooperation Agreement (EDCA), signed just last May by officials of Manila and Washington during the Philippine visit of US President Barack Obama.

Laude's sister Marilou said the tight restrictions and the heavy secruity around Pemberton prevented her from approaching him to ask: "How could you have managed to kill Jennifer when your face looks so sweet and innocent?"

Security

Security forces were also on the lookout for ralliers.

On Thursday evening, a big mall in the city reported getting a bomb threat, just as police had raised the alert on the eve of Pemberton's trip to the Hall of Justice.

US soldiers have primary responsibility for the security of Pemberton when he goes to court Friday.

The return of the warrant or the suspect’s surrender to the court could be followed by his arraignment.

According to Armed Forces of the Philippines spokesperson Col. Restituto Padilla Jr., there has been no additional security arrangement at Camp Aguinaldo for Pemberton.

Neither have US authorities asked the AFP for any augmentation force in bringing Pemberton to court.

The AFP could not say what time, and in what manner, will the US serviceman be brought to the Olongapo court.

On Thursday, US officials returned to the Olongapo Hall of Justice to inspect the security layout, among others.

Leading the inspection - the second since Wednesday - was US Commander Judge Advocate Timothy Stone.

They spoke to the Clerk of Court, Atty. John Aquino.

2 US ships dock at Subic

Meanwhile, two US Navy ships made a port visit at Subic Bay on Thursday to replenish supplies.

The US Navy ships Richard Byrd and Carl Brasher docked at Alava Pier past 8 a.m. Thursday, bringing with them hundreds of soldiers.

The soldiers are barred from disembarking; the civilian crew were allowed to step out of the boats, but they cannot leave Subic free port.

The rest and recreation activities of US soldiers were stopped after the killing of Laude.

http://www.interaksyon.com/article/101447/pemberton-booked-but-not-arraigned-to-remain-detained-in-camp-aguinaldo