Laude camp asks DOJ to junk Pemberton petition for review with view to dismiss

From InterAksyon (Jan 6): Laude camp asks DOJ to junk Pemberton petition for review with view to dismiss

The camp of murdered transgender Jeffrey "Jennifer" Laude on Tuesday asked Department of Justice (DOJ) Secretary Leila de Lima to junk the petition for review filed by US Marine Lance Corporal Joseph Scott Pemberton seeking the dismissal of the murder case against him.

In their comment to Pemberton's petition, Laude's sister, Marilou, said there is no basis to grant the petition as she asked De Lima to uphold the findings of the city prosecutor of Olongapo City charging the US serviceman with murder before Branch 74 of the Olongapo City Regional Trial Court (RTC).

The petition said the prosecutor's findings against Pemberton were backed up by sufficient evidence — both documentary and testimonial in nature — to support his indictment.

"Contrary to the allegations of respondents, the presentation of all pieces of evidence in this case was made in accordance with rules governing preliminary investigation," the petition filed by the family's counsel, Harry Roque Jr. said.

The Laude family said they are fully in accord with the findings of the city prosecutor that the killing of Jennifer was attended by the qualifying, aggravating circumstances of treachery, abuse of superior strength and cruelty.

Pemberton earlier petitioned De Lima to junk the prosecution's resolution, saying the latter failed to present or show evidence against him other than conjectures and speculations of alleged witnesses.

The Olongapo City RTC has deferred the trial of the controversial case, including the arraignment of Pemberton, citing the petition for review that he filed.

http://www.interaksyon.com/article/102469/laude-camp-asks-doj-to-junk-pemberton-petition-for-review-with-view-to-dismiss