MANILA, Philippines — The Supreme Court (SC) would no longer review the homicide conviction of US Marine Lance Corporal Joseph Scott Pemberton in the killing of transgender Jennifer Laude, after the high court granted his plea to withdraw his appeal.
In a one-page Notice, the SC’s Third Division ruled that the case filed by Pemberton “is considered closed and terminated” after he filed an urgent motion to withdraw the petition for review on certiorari that he filed in 2017. All the concerned parties would also be informed of this development.
According to SC’s Third Division Clerk of Court Misael Domingo Battung III, “The Court grants petitioner’s urgent motion for leave to withdraw (petition for review on certiorari dated Oct. 5, 2017) dated June 2, 2020, stating that after thoughtful consideration of the circumstances of this case, he has decided to withdraw his petition, both as to criminal and civil aspects of the appeal, and accepts and recognizes that his conviction will become final and executory.”
On Dec. 1, 2015, Olongapo City Regional Trial Court (RTC) Branch 74 Judge Roline Ginez-Jabalde issued a guilty verdict against Pemberton for killing Laude, and was sentenced to face imprisonment from six to 12 years. He was also ordered to pay P50,000 as civil indemnity and P4.32 million to Laude’s family as damages for loss of earning capacity.
He is currently detained at a special military facility in Camp Aguinaldo, Quezon City.
Pemberton filed an appeal before the Court of Appeals (CA), but the appellate court affirmed the conviction handed down by the Olongapo RTC, that the 26-year-old Laude died of asphyxia by drowning.
CA said in its decision, written by Associate Justice Marlene Gonzales-Sison, “As proven by the prosecution, Pemberton did not leave Laude merely unconscious, but ensured his death by submerging his head inside the toilet bowl. Clearly, Pemberton intended the natural consequence of his wrongful act.”
It added, “Pemberton unabashedly plunged Laude’s head in the toilet for the puerile reason that Laude pretended to be a woman. To our mind, placing Laude’s head inside a toilet shows that Pemberton never thought of Laude as a human being, but as a fecal matter due to his sexual orientation.”
On Oct. 11, 2014, Pemberton met Laude at the Ambyanz Disco along Magsaysay Drive in Olongapo City. They later went to Celzone Lodge. Later that night, Laude was found dead with her head submerged in the motel room’s toilet.