One year
Homicide, not murder. This is what the camp of US Marine PFC Joseph Scott Pemberton wants the preliminary investigation panel to treat the ongoing case against him. Pemberton's lawyer filed a motion to "declare the absence of probable cause for murder or any other crime." The lawyer also stated that should the case be elevated to court, it should be homicide, and not murder. But being a preliminary investigation, it is not up to the panel to immediately say what case would be filed, prompting the Chief Prosecutor to give an earful to Pemberton's lawyer, berating her to not teach them what to do. They will follow procedure, then determine. In other words, they should not jump the gun.
We can already see the attempts to drag this case. Results of DNA testing, which the panel has been asking for, has not been submitted. Apparently, it is stipulated in the VFA that criminal cases are given one year to undergo trial. If after one year the case has not been resolved or decided upon, the US has a right to demand for the release of the accused and declare a mistrial. The clock is already ticking, and Pemberton is most likely counting the days. Prosecutors now have their work cut out for them. This must be over in less than a year, if justice is to be served to the victim, his family, and even to the Filipino people.
Homicide, or manslaughter as is known in other countries, carries a much lesser penalty than murder, or premeditated murder. It is when there is no intent to kill, but rather death occurring due to other circumstances like an accident. Premeditated murder is when there is an intent to kill. How to determine when a death is intended or circumstantial is for the court to decide. Under Philippine Law, murder has a maximum sentence of life imprisonment, while homicide has a maximum prison term of twenty years. Of course Pemberton wants his murder case downgraded to homicide. If ever, he may be even set free in less than twenty years.
Which is why the prosecuting panel must be careful in their preliminary investigation. I scoff at the lawyer's statements saying there is no probable cause, and no mitigating circumstances like cruelty or abuse of power in this case. Jeffrey "Jennifer" Laude's half-naked lifeless body was found in the toilet, with initial indications that he was forcibly drowned by pushing his head into the toilet bowl. That's not cruel? That's not an abuse of power? A transgender versus a trained US Marine? I guess for the lawyer, that was an even match.
The prosecution has a strong case. There are witnesses, there is CCTV footage, and DNA will most likely put Pemberton on the scene of the crime. This case will be elevated to court, but I leave it to the panel to decide on whether it is murder, or homicide. What the prosecution must be wary of are the delaying tactics the defense will utilize to drag the case. The old saying that justice delayed is justice denied cannot be more appropriate to this case. We all want to see justice served, no matter who the accused is.
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