DOJ won’t replace Laude prosecutor

Jeffrey “Jennifer” Laude. ALLAN MACATUNO / INQUIRER CENTRAL LUZON FILE PHOTO

MANILA, Philippines—The Department of Justice on Wednesday denied the request of the family of slain transgender Jeffrey “Jennifer” Laude to replace the Olongapo City prosecutor conducting the preliminary investigation of the suspect, US Marine Joseph Scott Pemberton.

“There is no basis for inhibition. The claim of bias is mere allegation,” said Prosecutor-General Claro Arellano, the head of the DOJ’s national prosecution service.

Harry Roque Jr., the lawyer for the Laude family, earlier sought the replacement of City Prosecutor Emilie Fe de los Santos for allegedly being biased in favor of Pemberton and the US government.

The family had complained about not being furnished a copy of the report conducted by the US Naval Criminal Investigative Service (NCIS) on Laude’s death. Delos Santos replied that the city prosecutor’s office merely received what the NCIS gave and had no control over who gets to have the report.

In her defense, De los Santos said she had no control over what the US government decides to give the city prosecutor’s office.

Roque and the Laudes also questioned the authenticity of the DNA sample taken from Pemberton. This was after the DNA samples taken from the crime scene were found not to have matched Pemberton’s.

According to De los Santos, prosecutors were present when cheek swabs and fingerprints were taken from Pemberton. The request from the family for them or the main witness to be be allowed to view the procedure came late, she said.

The city prosecutor is set to release the results of the preliminary investigation on Dec. 15.

Laude, 26, was found dead last Oct. 11 inside the toilet of a motel room in Olongapo. The autopsy report stated she died from drowning. Pemberton is being detained at a US facility inside Camp Aguinaldo. Jerome Aning