THE family of slain transgender Filipino Jennifer Laude on Monday rejected a plea bargain deal in the murder case against US Marine Lance Corporal Joseph Scott Pemberton.
As the Olongapo City regional trial court started its trial proper, Laude’s mother Julita and sister Malou went to the Justice Department to denounce the public prosecutors’ exclusion of their family from the negotiation on the agreement.
(right) enters an Olongapo City courthouse to attend
his trial for the murder of transgender Jeffrey Laude.
AFP
“What we are fighting for is murder and not to downgrade the case. What they did to my child was gruesome. Just because we are poor doesn’t mean we can’t fight for justice,” Julita, accompanied by lawyer Harry Roque Jr., told reporters.
“What we want is to see Pemberton in jail. I never said I would agree [to the plea bargain]. What I only said was that if we would be given even one million dollars, that would not be enough for us.”
Roque claimed it was Olongapo City Prosecutor Emilie delos Santos who was pushing for the P21-million settlement with Pemberton’s camp without consulting the victim’s family.
“She was pushing for the plea bargain—that she would allow Pemberton to plead guilty to homicide but the civil aspect of the case will proceed,” Roque said.
“That’s not possible because the civil aspect is deemed instituted to the criminal case.
Laude’s family raised the issue on the plea bargain deal with Justice Secretary Leila de Lima.
In a two-page letter, the Laudes accused fiscal delos Santos of blocking Roque’s participation in the case conferences.
“First of all, as far as we know, we have the right under the Constitution to choose our own lawyer in whatever cases we face,” the Laude family said in the letter.
“This is why we don’t understand why the current public prosecutor does not allow our lawyer to defend us and make sure justice for the killing of Jennifer Laude would be served.”
As a result, the Laudes asked De Lima to replace delos Santos and the other members of the Justice Department panel handling the murder case.
Delos Santos denied pushing for a P21-million plea bargain deal in the case. She said court records would prove there was no truth to the accusation that she was the one who pushed for the plea bargaining deal in exchange for a lesser crime of homicide for Pemberton.
Roque said the Laude family had “consistently rejected” the offer.
“The death [of Jennifer] was attended by cruelty, abuse of superior authority and treachery,” Roque said.
“We want to see Pemberton’s conviction where he will be sentenced to life imprisonment rather than 12 years or 20 years in prison with the possibility of a release and a possibility that it will be spent in the US.”
Roque said Delos Santos’ alleged actions meant “there is no guarantee for the Laude family that the prosecution will remain steadfast to proceed with a conviction for murder.”
Roque vowed to bring the issue to court if the Justice Department decides to retain Delos Santos.
The Visiting Forces Agreement provides that the trial of a soldier involved in a criminal case should take only a year.
The prosecution was given a chance to present evidence and witnesses starting Monday until June 30. They have 27 witnesses and 10 reserve witnesses.
The defense’s schedule, on the other hand, is on Aug. 3 up to Sept. 22. They have 10 witnesses, including Pemberton himself and his mother.
The Olongapo City RTC will hear the case on Mondays and Tuesdays every week.