DOJ junks Pemberton plea, upholds findings on treachery, abuse of strength, cruelty in Laude murder

From InterAksyon (Feb 20): DOJ junks Pemberton plea, upholds findings on treachery, abuse of strength, cruelty in Laude murder

 
File photos of Jeffrey "Jennifer" Laude and United States Marine Private First Class Joseph Scott Pemberton from News5 video screenshot

The Department of Justice (DOJ) has dismissed the motion for reconsideration filed by United States Marine Private First Class Joseph Scott Pemberton in connection with the October 11, 2014 alleged murder of Jeffrey “Jennifer” Laude in Olongapo City. 

In a nine-page resolution signed by DOJ Secretary Leila M. De Lima promulgated on Feb. 20, 2015, the department denied the motion for lack of merit.

”We reviewed the facts and the procedural backdrop of this case vis-à-vis the arguments in the Motion for Reconsideration and found no sufficient justification to reverse, alter or modify the Resolution dated 27 January 2015,” the DOJ resolution said.

”We also affirm the findings of the OCP (Office of City Prosecutor)-Olongapo City on the existence of the circumstances of treachery, abuse of superior strength, and cruelty which qualify the crime to murder,” it added.

Pemberton earlier asked the DOJ to reconsider its January 27, 2015 resolution denying his petition for review of the resolution of the Olongapo City Prosecutor’s Office that found probable cause against him for murder as defined and penalized under Article 248 of the Revised Penal Code.

Pemberton assailed the finding of probable cause purportedly based on what he called “additional evidence,” which the prosecutor's office has allegedly no authority to receive and which he claimed he did not have the opportunity to address and rebut.

The “additional evidence” which Pemberton referred to were the pieces of evidence which the prosecutor's office received after he was allegedly declared to have waived his right to file a counter-affidavit on Oct. 27, 2014.

He argued that the evidence on record does not establish probable cause against him for either murder or homicide.

He added that the DOJ’s finding of the existence of the qualifying circumstances of treachery, abuse of superior strength, and cruelty disregards jurisprudence requiring that these circumstances must be established by direct evidence.

http://www.interaksyon.com/article/105498/doj-junks-pemberton-plea-upholds-findings-on-treachery-abuse-of-strength-cruelty-in-laude-murder