STORY: "Pemberton asks CA to reverse ruling," by reporter Rey Requejo, published by The Standard on May 13, 2017.
GIST:" US Lance Corporal Joseph Scott Pemberton has pleaded
to the Court of Appeals to overturn its earlier ruling and exonerate him
of homicide charge for the death of Filipino transgender Jeffrey
“Jennifer” Laude.........The American soldier also lamented that the appellate court has
‘cherry-picked’ the evidence to “This Honorable Court, with due respect, erroneously ignored the
implication in Rose’s testimony that Laude may have been merely
unconscious when Pemberton left him at the motel (“choked it until it
stop moving and then dragged into the bathroom at that point he left and
then took a cab back to the sea port”). It also disregarded the
implication that Pemberton did not drown Laude and did not dunk his head
into the toilet bowl,” Pemberton said. He also claimed that the CA disregarded the evidence that another
person could have entered the room after Pemberton left the lodge. Pemberton argued that that the CA disregarded the fact that Pemberton
voluntary surrendered to his superior even before a warrant for his
arrest was issued. The CA’s conclusion that Pemberton ensured Laude’s death before he left the lodge has no basis, he said. The motion pointed out that there was no evidence that Laude was
already dead when Pemberton left the place or that he dunked Laude’s
head into the toilet bowl. It added that one of the witnesses even
admitted that when Pemberton left, he still found Laude unconscious. Pemberton stressed that the CA ignored other important evidence such
as the necklace that Laude was clutching with a third set of DNA, the
missing money, different position of Laude from that of Pemberton’s
description, among others. “Here, the picture formed by the prosecution is neither convincing
nor is it complete. It was not able to prove that when Pemberton left
Laude, the latter was already dead. The Prosecution further failed to
prove that no one else could have killed Laude, as the evidence
undeniably proves that there was an intruder whose DNA was left on
Laude’s neck; who stole Laude’s money; and whose necklace was left in
the hand of Laude.........Pemberton was convicted in December 2015 and sentenced to six to 10
years imprisonment by the Olongapo City Regional Trial Court, Branch 74,
following a closely-watched trial that lasted for a year."
The entire story can be found at:
http://thestandard.com.ph/mobile/article/236513The entire story can be found at:
See earlier post of this Blog (August 24, 2015) at the link below: "A United States Marine accused of killing a transgender woman in the Philippines acknowledged on Monday that he had choked her until she was no longer moving, but he stopped short of saying that he had killed her, according to the prosecutor assigned to the case. The serviceman, Lance Cpl. Joseph Scott Pemberton, 20, was arrested in October in connection with the death of a 26-year-old Filipino, Jennifer Laude, whose name at birth was Jeffrey. Corporal Pemberton had met Ms. Laude in an Olongapo City nightclub while he was on liberty during military exercises, then accompanied her to a nearby hotel room, where she was later found dead. Corporal Pemberton, who has been charged with murder, testified during his trial on Monday. It was the first time that he had publicly provided his account of what took place in the room with Ms. Laude. He said that he brought Ms. Laude and another woman to the hotel, not knowing that they were transgender. He received oral sex from the women, he said, and one then left to buy condoms. Ms. Laude remained in the room, and he reached down to touch her vagina, he testified. “He said they began fighting when he discovered that she had a penis,” Emilie Fe Delos Santos, the prosecutor in the case, said by phone from Olongapo City, about 80 miles north of Manila. In his testimony, Corporal Pemberton said that he pushed Ms. Laude, she slapped him, he punched her, then he choked her with an arm lock until she was no longer moving. He also testified that Ms. Laude was still breathing but appeared to be unconscious after being put into the arm lock. He said he then brought her to the bathroom to try to revive her and left her slumped over the toilet. He said he then took a taxi back to his ship, where he told a fellow Marine, “I left her unconscious.” “Pemberton did not kill Laude,” Corporal Pemberton’s lawyer, Rowena L. Garcia-Flores, wrote in an email on Monday. “He left Laude in the toilet alive.”"
http://smithforensic.blogspot.ca/2015/08/bulletin-joseph-scott-pemberton.html?m=1
PUBLISHER'S NOTE: I am monitoring this case/issue. Keep your eye on the Charles Smith Blog for reports on developments. The Toronto Star, my previous employer for more than twenty incredible years, has put considerable effort into exposing the harm caused by Dr. Charles Smith and his protectors - and into pushing for reform of Ontario's forensic pediatric pathology system. The Star has a "topic" section which focuses on recent stories related to Dr. Charles Smith. It can be found at: http://www.thestar.com/topic/c
Harold Levy: Publisher; The Charles Smith Blog;
