Court cuts Pemberton jail time to 10 yrs

OLONGAPO CITY—The jail term of convicted US Marine Lance Cpl. Joseph Scott Pemberton has been reduced from a maximum 12 years to 10 years in the latest court ruling that found him guilty of killing Filipino transgender woman Jeffrey “Jennifer” Laude in 2014.

The reduced sentence was contained in the March 30 decision of Judge Roline Ginez-Jabalde of Olongapo City Regional Trial Court (RTC) Branch 74, which dismissed Pemberton’s petition for bail and his motion for reconsideration on his homicide conviction in December 2015.

Jabalde said the evidence presented by government prosecutors proved that no one else but Pemberton could have strangled Laude in a motel here on Oct. 11, 2014.

“The court appreciates two mitigating circumstances—namely passion and obfuscation, and intoxication—and without any aggravating circumstance, shall be considered in lowering the penalty by one degree in accordance with Article 64, (5) of the Revised Penal Code,” Jabalde said in her ruling.

She was referring to a rule for the application of penalties that said that “when there are two or more mitigating circumstances and no aggravating circumstances are present, the court shall impose the penalty next lower to that prescribed by law.”

Pemberton’s lawyers have not replied to queries as to whether their client would elevate his conviction to the Court of Appeals.

Lawyer Gerry Gruspe, RTC Branch 74 clerk of court, said the defense lawyers were given 15 days from receipt of the court’s order to file their notice of appeal. Otherwise, the decision is final and executory, he said.

In a statement, lawyer Harry Roque Jr., lead counsel of the Laude family, said: “We are happy that the decision remains: that Pemberton is guilty of killing Jennifer Laude. We are happy that he was denied bail.”

“We are not pleased with the lighter penalty granted. We hope that this development will inspire a review of the VFA (Visiting Forces Agreement),” said Roque, first nominee of party-list group Kabayan, for which he has been campaigning in the provinces.

Roque added: “We stress that the lighter penalty of six to 10 years imprisonment still disqualifies Pemberton from seeking early release through parole. He will continue to spend time in jail.”

Laude’s sisters, Marilou and Michelle, said they had mixed feelings about the court’s ruling affirming Pemberton’s conviction while serving him a lighter jail term.

“If it’s any consolation, we want him (Pemberton) to serve his remaining years in prison in the national penitentiary because he is still a convicted killer and he must be jailed with ordinary inmates.”

The court’s ruling was hailed by cause-oriented groups supporting the Laude family.

Jhay de Jesus, spokesperson for True Colors Coalition said: “We hope that in the near future, he will be put in the penitentiary since he is already convicted for homicide.”

De Jesus said his group intended to hold a rally at Camp Aguinaldo in Quezon City, where the American serviceman is serving his sentence.