Pemberton trial proper starts today

OLONGAPO CITY, Philippines  – The trial of the US serviceman accused of killing a Filipino transgender in October last year starts today at the regional trial court (RTC) here, with the possibility of a plea bargaining agreement looming in the background.

 Lance Corporal Joseph Scott Pemberton, charged with the murder of transgender Jeffrey “Jennifer” Laude on the night of Oct. 11 last year, will be tried at the RTC Branch 74 with Judge Roline Ginez-Jabalde presiding.

 According to reports, lawyers from both camps have been discussing a possible plea bargain in and out of court over the last two weeks.

Julita Laude, the victim’s mother, is reportedly seriously considering a P21-million offer from the camp of Pemberton in exchange for downgrading his charge from murder to homicide. 

“There have been talks on plea bargaining. It is possible for an accused to plead guilty to a lower offense, in this case from murder to homicide. The difference here lies in the number of years,” lawyer Virgie Suarez, one of two private lawyers of the Laude family, told The STAR.

“Indeed the Laude family wants nothing else but to see Pemberton being immediately convicted and his sentence be imposed. If this will happen it will do well if Pemberton will publicly apologize to the Laudes and to the Filipino people,” Suarez added.

“With the death of Jennifer, the family indeed incurred expenses, thus the civil aspect is instituted with the murder charge. Even with the pleading, their expenses like burial, interment, lost income should be paid,” Suarez said.

 Lawyer Harry Roque, the other private counsel of the Laude family, earlier told members of media that their position is non-negotiable.

 Both lawyers have also expressed their belief that they have “overwhelming” evidence and any judge handling the case will find the accused guilty.

 Pemberton, who was on shore leave after participating in the joint US-Philippine Balikatan military exercises, met Laude at the Ambyanz Nightlife Bar located along Magsaysay Avenue here on Oct. 11 and the two later checked in at the nearby Celzone Lodge.

 Laude was later found dead by the hotel staff.

 Transgender “Barbie” claimed that she had accompanied Laude and Pemberton inside the hotel.

 Barbie is now under the Witness Protection Program of the Department of Justice, while Pemberton is temporarily detained at the Mutual Defense Board facility inside Camp Aguinaldo in Quezon City while remaining under US custody.

The prosecution had earlier said the case is a special one and should be heard, tried and decided within a year starting from Dec. 15, 2014 in consonance with the provisions of the Visiting Forces Agreement (VFA).

Both the prosecution and defense had agreed to a two-day continuous trial, set every Monday and Tuesday, starting today until Sept. 22 this year.