Pemberton would apologize to Laude family if given the opportunity, says lawyer

US Marine Pfc Joseph Scott Pemberton. AP FILE PHOTO

MANILA, Philippines —Convicted United States Marine Lance Cpl. Joseph Scott Pemberton would apologize to the family of slain transgender woman Jennifer Laude if given the opportunity, his lawyer said Friday.

Lawyer Rowena Garcia-Flores said Pemberton has no access to a telephone while in detention and could not reach out to the family of Laude.

“If given the opportunity, he will apologize now. He has been apologetic about the incident and the fact that he has been willing to pay over P4 million to the Laude family and even their legal fees is a very good indication that he is apologetic,” Garcia-Flores told ABS-CBN News Channel.

The amount, however, was ordered by the regional trial court of Olongapo City in its decision in 2015.

The US serviceman was convicted of homicide in 2015 for the killing of Laude in 2014. He was sentenced to six years to 10 years in prison.

Garcia-Flores also insisted that Pemberton is eligible to benefit from the Good Conduct Time Allowance (GCTA) law, which grants early release to prisoners based on good conduct, contrary to the claim of the lawyer of Laude’s family.

“GCTA is just an amendment of the Revised Penal Code. The RPC itself was applied in the case of Pemberton. The crime of homicide is under the Revised Penal Code,” she said.

“If you notice the motion for reconsideration filed by the Laude family, it does not cite any law on why the GCTA should [not] apply, but the GCTA is very clear in its provisions. It does not distinguish as to the nationality of the person covered by it,” said Flores.

“The only exclusions there are persons who are recidivists, persons who committed heinous crimes, and those who escaped from imprisonment, but there is no other exclusion. So when people say that it is not applicable to Pemberton, they have no legal basis,” she further explained.

Atty. Romel Bagares, lawyer of Laude’s family, earlier said Pemberton is not eligible for the GCTA based on conditions of the Visiting Forces Agreement.

He also said Pemberton committed a “hate crime without any question” and “should not qualify under the GCTA rules because heinous crimes are not covered by the rules.”

The Olongapo City Regional Trial Court Branch 74 earlier granted Pemberton’s early release through GCTA credits.

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