Fiscal asked to inhibit from Pemberton case

MANILA, Philippines - The family of slain transgender Jeffrey “Jennifer” Laude has asked a prosecutor of Olongapo City to inhibit herself from the preliminary investigation of the murder case filed against US serviceman Joseph Scott Pemberton.

In a 14-page motion released to the media yesterday, the Laude family – through their counsels led by human rights lawyer Harry Roque – cited the statements made by Emilie Fe de los Santos that “compromise the integrity of the proceedings.”

The motion said De los Santos’ statements “exhibited hostility and bias against the private complainant’s chosen private counsels… and constitute prejudgment of the investigation.”

It also noted that De los Santos scolded the lead investigator for releasing evidence to the family of the victims.

“De los Santos may not realize it, but in attempting to dictate to undersigned counsel what to do with the evidence, she is interfering with the legal strategy adopted by undersigned counsel at this state of the proceeding to protect the interests of the private complainant,” added the motion.

The Laude family said the prosecutor had shown bias when she ordered the gathering of fingerprints and buccal swabs from Pemberton, but disallowed the witness who could identify the respondent to be present during the process.

“It is essential that the person from whom the fingerprints and buccal swabs are to be recovered, and the person identified by the witness during the photo line-up process be one and the same person,” read the motion.

“Otherwise, the whole process of gathering fingerprints and buccal swabs will be rendered inutile if the identity of the source of said fingerprints and buccal swabs would be challenged and questioned,” it said.

The lawyers for the Laude family also slammed De los Santos for taking it upon herself “to authenticate in public and before national media the samples gathered during the procedure conducted in Camp Aguinaldo as having come from Pemberton himself.”

“This despite the fact that she had never personally seen the American soldier at any point before, during or immediately after the crime,” Laude’s lawyers said.

“Worse, De los Santos announced to national media immediately after the Nov. 28, 2014 hearing the results of the DNA tests when she did not have to, considering that she had just already submitted the entire case for resolution,” it added.

The Laude family said another  prosecutor should handle the case.

“It is clear… prosecutor has exercised her function in a despotic manner, thereby creating an atmosphere of hostility,” read the motion.

Laude, 26, was brutally killed on Oct. 11, allegedly by Pemberton. Laude was found dead in a room in the lodge, his head pushed into the toilet.