Metro Manila (CNN Philippines) – On February 23, on the day of his arraignment, the public saw a glimpse of US Marine Joseph Scott Pemberton for the first time.
The military man charged with murder for the death of Filipino transgender woman Jeffrey “Jennifer” Laude refused to enter a plea.
So the regional trial court in Olongapo City entered a not guilty plea on his behalf.
State prosecutors and defense lawyers presented evidence, until the case was submitted for resolution in September.
Pemberton’s lawyers are confident the court will find their client innocent.
One of Pemberton’s counsels, Atty. Rowena Garcia-Flores, said: “There is a thirty minute gap where in the room where Laude was, was totally unsecured. We cannot say that it was Pemberton who killed Laude because you can always say that there was an intruder after he left.”
Pemberton met Jennifer at a bar in Olongapo.
They later checked in at a motel where Jennifer was found dead on October 11 last year.
The defense insisted Jennifer was still alive when Pemberton left the room that night– contrary to allegations that Pemberton strangled, and then drowned the victim when he discovered she was a transgender.
Forensic expert Raquel Fortun testified for the defense.
“She said that there is no basis for conclusion that Laude died thru drowning… Hence if there’s no evidence Pemberton killed [Laude] either by drowning or strangling it only leads to the conclusion that Pemberton did not kill Laude,” Atty. Benjamin Tolosa, another defense lawyer, said.
Bottom line, according to the defense, someone else killed Jennifer after Pemberton left.
“The Supreme Court is very clear on this point– if there is an alternative hypothesis consistent with the innocence of the accused, the court is duty bound to acquit him,” Pemberton’s lawyer Atty. Filimon Javier said.
The prosecution, however, said this is mere speculation not backed by evidence.
Atty Emelie De los Santos rejected the defense’s claim that Pemberton strangled Jennifer in self-defense.
If he had no intentions to kill Jennifer, De los Santos said the accused could have asked for help after rendering the victim unconscious.
“At paglabas mo nakita ka rin naman ng bellboy bakit hindi mo sinabing pakitawag ng ambulansya hinimatay yung lalake dito…wala siyang imik! Derecho siyang bumaba…dedma!” De los Santos told reporters.
The prosecution is also not worried about Fortun’s testimony.
“Inamin din ni doctora Fortun dun on cross na ang kanyang testimony is based on pictures, reports…she was not there when the body of Jennifer was opened up,” De los Santos added.
It’s been a year since Jennifer died. But her family still cries for justice.
“Ano yung pinagsisisgawan namin ng pamilya ko? Justice po para sa kapatid ko. Yun lang naman ang mabigay samin tuwang-tuwa na po kami,” Jennifer’s sister said.
Is Pemberton guilty? Or innocent? — That is now up to the court.
It has about two months or until December 15 to decide.
