The Department of Justice on Friday upheld with finality its resolution indicting US Marine Lance Cpl. Joseph Pemberton for murder in connection with the killing of Filipino transgender Jeffrey “Jennifer” Laude in Olongapo last year.
In a resolution, Justice Secretary Leila de Lima denied the motion for reconsideration filed by Pemberton, saying he failed to present in his appeal “sufficient justification to reverse, alter or modify” its resolution dated January 27, 2015, which affirmed the finding of probable cause by the Office of the City Prosecutor-Olongapo to indict the US soldier for murder.
De Lima explained that the elements of murder were sufficiently established based on the evidence on record.
She added that there was sufficient evidence on record positively identifying Pemberton as the perpetrator of the crime.
She also said the accused failed to controvert the factual allegations in the statements of the witnesses who positively identified him as the person last seen with Laude before and right after the commission of the crime.
“We also affirmed the findings of the OCP-Olongapo City on the existence of the circumstances of treachery, abuse of superior strength, and cruelty, which qualify the crime to murder,” de Lima pointed out.
“The extent of Laude’s injuries clearly indicate that respondent used his superior strength when he killed Laude,” she said.
