Metro Manila (CNN Philippines, September 4) — The lawyer for Joseph Scott Pemberton on Friday asked a local court to dismiss the petition that seeks to delay the release of the United States Marine convicted of killing Filipino transgender woman Jennifer Laude.
Atty. Rowena Garcia Flores filed before the Olongapo Regional Trial Court Branch 74 her reply to the motion for reconsideration brought by the counsel of the Laude family. Atty. Virginia Suarez wrote the appeal to reconsider the court’s decision to allow the early release of Pemberton based on good conduct.
Pemberton’s camp argued that the motion for reconsideration lacks merit as there is no explanation and proof why the release order should not be carried out. It said the Laude camp merely speculated that the American soldier may not have shown exemplary behavior while in detention, instead of providing proof that he misbehaved while he was locked up.
Presiding Judge Roline Ginez Jabalde issued an order on Sept. 1 for the early release of Pemberton, giving him more than four years’ worth of good conduct time allowance (GCTA) — a privilege given to detainees who exhibit exemplary behavior in prison.
The lawyer said the GCTA law is applicable in the case of Pemberton as it does not make any exceptions based on nationality or whether they are locked up in a special facility, as in the case of the American trooper who is protected by the Visiting Forces Agreement. Flores also pointed out that Pemberton was convicted of homicide, which is not considered a heinous crime — making him eligible for early release.
“To treat Pemberton differently from the around 20,000 inmates who have benefited from the GCTA Law since 2013… to justify different treatment is tantamount to asking the Honorable Court to disregard the constitutional guarantee of equal protection of laws,” Flores wrote.
Flores also insisted Suarez has “no legal personality” to question the court order, saying only the public prosecutor at the Regional Trial Court or the Solicitor General can file such motions.
Pemberton remains in detention in Camp Aguinaldo after the Department of Justice on Thursday ordered the Bureau of Corrections to await resolution on the appeal before processing his release.
