Pemberton can appeal for bail, lawyer argues

UNITED States Marine Lance Corporal Joseph Scott Pemberton can still be granted bail although he was convicted of homicide for killing transgender woman Jennifer Laude because he was found guilty of a crime that is bailable.

According to former justice undersecretary Jose Justiniano, who was part of the defense team of Lance Corporal Daniel Smith in the 2005 Subic rape case, Pemberton may ask the court to grant him bail while he is appealing his conviction.

“Since he [Pemberton] was convicted of homicide he can apply for bail. But of course whether or not that should be granted is the discretion of the court,” Justiniano said, in a telephone interview.

But Justiniano conceded that the court would have to be very careful in granting bail to Pemberton because he is a foreigner who can leave the country anytime. 

“Should the bail be granted, what will happen is that he will be asked to surrender his passport so that if he attempts to leave he will not be allowed,” the former DOJ official said, stressing that that matter is “very subjective” and “depends on the perception of the court.”

“If the court thinks that there’s a high possibility that the accused would flee the country in case bail is granted then the application for bail will be denied,” he added.

He noted that securing Pemberton’s availability for proceedings in the appellate court may be difficult because he will no longer be under the custody of the US government if he is granted bail.

A controversy arose on the detention of Pemberton because the Olongapo Regional Trial Court that convicted him had ordered his transfer to the New Bilibid Prison in Muntinlupa City, but the DOJ agreed to have Pemberton detained at a special facility at Camp Aguinaldo in Quezon City.

Officials of the Visiting Forces Agreement Commission informed the RTC that there was an agreement between the Philippines and the US to have detain Pemberton at the Armed Forces Custodial Center in Camp Aguinaldo pending the completion of the judicial process, including an appeal of his conviction.

This prompted Judge Roline Jinez-Jabalde to issue another order Tuesday   evening committing the American serviceman to the Camp Aguinaldo facility.

But the relatives of the transgender victim Jeffrey  gJennifer h Laude slammed the Aquino administration for allowing Pemberton to be detained at Camp Aguinaldo and not at the National Bilibid Prisons in Muntinlupa”¨City.

Despite their disappointment over the homicide conviction on”¨Pemberton, Julieta Laude, the transgender fs mother, said the”¨ commitment order to detain Pemberton at the NBP was a welcome”¨development.”¨

She, however, questioned the DOJ and and”¨ Department of Foreign Affairs for stepping into the issue of”¨Pemberton fs detention despite Jabalde’s commitment order.”¨

 Why can ft the government honor the court order? What could”¨ be the reason behind it? Is it because we are just poor? Is Pemberton”¨ special? she asked.”¨ 

 We are the aggrieved party here, h she said, adding that she never asked for any monetary consideration in the course of the trial.

 There were three Americans who approached me, asking me what “¨they could do for us. I told them I was not asking for anything, but”¨ only for Pemberton to admit the crime, h she said.”¨

 I never asked for a settlement. What I told the court was”¨that if my son could live up to 60, he would have earned at least P21 million since in his two years of stay in Olongapo, he was able to “¨earn P2 million. h”¨

Private prosecutor Harry Roque, on the other hand, challenged the verdict on Pemberton.Ӭ

 You don ft have to be a lawyer to be able to appreciate that”¨ there was cruelty perpetrated on the victim. He was a transgender, h he”¨ said.

 This is a landmark case, the first conviction of an American”¨ (servicemen in the Philippines). What is painful is the reduction from murder to homicide, h Roque said.”¨

 Can a heinous crime be committed just like that on (any member”¨ of) of the lesbian, gay, bisexual and transgender community? If such”¨offense is committed on a (straight) man or a woman, would that be”¨considered a heinous one? h”¨ Roque asked.