US Marine loses appeal over transgender woman's killing

US Marine s conviction for killing transgender Filipina upheld
US Marine's conviction for killing transgender Filipina upheld
Author

13 April, 2017

The Court of Appeals has affirmed a regional trial court's ruling finding US Marine Lance Corporal Joseph Scott Pemberton guilty of homicide over the killing of transgender woman Jennifer Laude. Local court said that the 20-year-old Pemberton arm-locked and dunked the victim's head in the toilet to her death, when he found she still had male genitals after they agreed to have sex in a bar. But the appellate court, through Associate Justice Marlene Gonzales-Sison, said Pemberton's alibi was "more imaginary than real".

He was jailed for between six and 10 years on a Philippine military base.

In his petition, Pemberton argued that he killed Laude in self-defense after the latter allegedly molested him.

A lawyer for the Laude family said the ruling of the CA is expected since Pemberton's arguments are mere rehash of what he already raised before the trial court.

Gabriela partylist representatives Emmie de Jesus and Arlene Brosas said that with CA's verdict, Pemberton should be immediately transferred to the national penitentiary.

Pemberton claimed that he had confronted Laude about not being a biological woman and she slapped him in response, and things escalated from there.

Aside from exemplary damage, the appeals court also upheld the award of more than four million pesos to the heirs of Laude for loss of earning capacity.

Check Out The New Trailer For Atomic Blonde
Now she's lined up as the main villain for Tom Cruise's Mummy reboot, and now a love interest for Theron in Atomic Blonde. If you like James Bonde, badass female characters, and some jaw-dropping action sequences we present Atomic Blonde .

Cook County criminal judge shot to death in Chicago
Police say the two were shot outside Myles home in the 9400-block of Forest Avenue at about 4:51 a.m. The FBI is offering a $25,000 reward for any information leading to the apprehension of the suspect.

Glitch triggers sirens to sound in Dallas
Technicians are trying to determine how to bring the system back online without the risk of it being hacked again, he said. According to Dallas PIO director Sana Syed, there was no emergency or weather alert.

In a ruling dated April 3, but only made public on Monday, the Court of Appeals denied Pemberton's appeal due to "lack of merit".

The appellate court, however, revised the civil indemnity and moral damages set by the RTC at P50,000 to P75,000 each. His claim is disputed as Laude was found drowned in the shallow water of the toilet, which led to her death.

It also affirmed the P155,250 actual damages as Laude's family was able to prove through actual receipts of damages representing autopsy, wake, and burial expenses. "Further, Pemberton is entitled to be credited with the full time of his preventive imprisonment...", the CA ruled.

The Olongapo court issued the guilty verdict for homicide against Pemberton on December 2015 in a controversial trial that lasted for a year.

"The fact that a member of the US Marines was found guilty for breach of our criminal laws for the very first time is an affirmation of Philippine sovereignty", he said.

The Marine corporal remains detained in a US-owned air-conditioned van in Camp Aguinaldo, the general headquarters of the Philippine military.

"The special treatment accorded to Pemberton since his conviction shows the disparity and injustice that agreements like the Visiting Forces Agreement [VFA] and Enhanced Defense Cooperation Agreement [EDCA] bestows upon the Filipino people", Brosas said.


More news


  • South Carolina, Gonzaga on defensive

    South Carolina, Gonzaga on defensive

    They didn't get the usual production from Thornwell , who missed practice earlier in the week because of a headache and fever. With a three-point lead and 12.7 seconds remaining, Few did the smart thing and gave an intentional foul at the proper time .

    Salute to Chuck Berry opens Rock Hall ceremony

    He did Squire justice, though: Lee and Yes together rocked with more precision than any other performer that night. She was inducted by Jackson Browne, who said the first album he bought with his own money was Baez's second album.
    Samsung Launches Galaxy C7 Pro @ Rs. 27990 In India

    Samsung Launches Galaxy C7 Pro @ Rs. 27990 In India

    The phone will most likely sport an iris scanner, a tool that represented one of the main selling points for the Note 7. It comes equipped with Fast charging and Samsung claims that the it can charge from 0 to 100 percent in 100 minutes.
  • Chelsea star: My thoughts on Diego Costa's slump in form

    Chelsea star: My thoughts on Diego Costa's slump in form

    Manchester United is going to be a tough game for us but it doesn't matter who scores, hopefully we will get the three points. I always say that I am very happy at Chelsea. "We started the game very well with great attention and focus".

    Neymar could miss El Clasico after red card against Malaga

    It was a vintage performance for manager Diego Simeone's squad, which bent but never broke against a star-studded Real roster. Real president Florentino Perez is expected to win a third straight term unopposed in club elections this summer.

    Warriors won't limit Kevin Durant (knee) in Saturday's return

    However, Kerr already spoke to Matt Barnes and Patrick McCaw about their changing roles due to Kevin Durant's return. How will Kevin Durant look in his return? As for the Pelicans, They are not expected to be at full strength either.
  • Hazard Praises Chelsea's Will To Fight

    Hazard Praises Chelsea's Will To Fight

    Bournemouth came out in the second half determined to match Chelsea but Steve Cook's foul on Costa made life harder for the hosts. He's doing more interviews, he's speaking English, and those things important when you become a player of his level.

    Westbrook clinches triple-double average for season

    Suns point guard Tyler Ulis offered his take. "You don't wanna be on the opposite side of history when things like that happen". He averaged 30.8 points, 12.5 rebounds and 11.4 assists for the Cincinnati Royals in the 1961-62 season.
    Venezuela Protests Keep Pressure on Embattled Maduro

    Venezuela Protests Keep Pressure on Embattled Maduro

    The court later reversed the rulings after an worldwide outcry, but kept in place other measures limiting the assembly's powers. The Organization of America States issued its strongest warning to the country yet after two back-to-back meetings.
  • Yankees' Pineda perfect through 6 innings in home opener

    Yankees' Pineda perfect through 6 innings in home opener

    Mets 4, Phillies 3: Jay Bruce homered twice, including the tiebreaking shot in a testy eighth inning to lead NY over Philadelphia. This has been the crux of Pineda's career: giving up runs and having unbelievable peripheral numbers.
    'Boss Baby,' 'Beauty' outshine 'Smurfs 3' at box office

    'Boss Baby,' 'Beauty' outshine 'Smurfs 3' at box office

    The new Warner Bros. release "Going in Style" opened in fourth place, which brought in an estimated 12.5 million USA dollars. Rainn Wilson, Joe Manganiello and Jack McBrayer are among the voice cast and Kelly Asbury (Gnomeo & Juliet) directed.
    North Korea says Syria airstrikes prove its nukes justified

    North Korea says Syria airstrikes prove its nukes justified

    The Carl Vinson Strike Group was making a port call in Singapore and was scheduled to sail for Australia when the U.S. But, the U.S.is running out of options in dealing with the threat posed by the North Korean leader, according to Ret.