Laude kin opposes Pemberton’s bid to dismiss murder case

MANILA, Philippines–The family of slain Filipino transgender Jeffrey “Jennifer” Laude on Tuesday opposed the bid of US Marine Lance Corporal Joseph Scott Pemberton to dismiss the murder case against him.

In a 33-page comment and opposition, Laude’s sister Marilou, through their lawyer Harry Roque Jr., said the Department of Justice (DOJ) should affirm the finding of probable cause by the Olongapo Prosecutors’ Office to charge Pemberton with murder.

Marilou said the evidence against Pemberton is strong to charge him and face trial for murder.

The comment noted that government prosecutors have followed the procedure to the letter in investigating the case.

“The proceedings in the preliminary investigation leading to respondent’s indictment for murder remained faithful to the nature and character of a preliminary investigation… 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 comment said.

Laude added that the resolution by the Olongapo Prosecutors’ Office was grounded on “numerous pieces of circumstantial evidence which established all the elements of the crime…and its qualifying circumstances.”

“There is a clear probable cause against [Pemberton] for the crime of murder. Complainant, her witnesses, as well as various investigating agencies have all put forward sufficient and credible pieces of evidence which support the resolution indicting respondent for the crime of murder,” the comment further said.

Due to Pemberton’s appeal, Olongapo RTC Branch 74 Judge Roline Ginez-Jabalde suspended the trial proceedings pursuant to Rule 116 of Rules of Court, which provides that arraignment of accused in criminal cases shall be suspended for 60 days at most from filing of petition in the DOJ.

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