OLONGAPO CITY, Philippines — U.S. Marine, Pfc. Joseph Scott Pemberton, 19, will be charged by Philippine prosecutors with murder in the brutal attack and slaying of Jennifer Laude, 26, a Filipino transgender woman, reports Floyd Whaley today in the New York Times. The young private was initially charged with homicide but prosecutors upped the charge to murder given the aggravating circumstances. “There was aggravated treachery, abuse of superior strength and cruelty,” said Emiline Delos Santos, the chief prosecutor of Olongapo City, about 50 miles outside Manila. “Because you have those three aggravating, qualifying circumstances, it is murder.” She added, “You can see the kind of cruelty she endured, the injuries she sustained,” Mrs. Delos Santos added. “We believe we have a strong case.”
Pemberton, who was in the Philippines for joint military exercises, met Laude in a nightclub in Olongapo City before escorting her back to her hotel. What happened in the room leading up to her death is unknown. She was found on the toilet, according to the report, with multiple bruises and a broken neck.
The incident comes at a delicate time in U.S.-Philippines relations. While the United States has not had military bases in the Philippines since 1992, the two countries recently struck an accord on joint military exercises as the Obama administration ‘pivots’ toward Asian geopolitical winds and the growing military threat of China. China and the Philippines are currently in a territorial dispute over claims that each country has made in the South China Sea.
Ms. Laude’s attorney, Harry Roque, has called for Pfc. Pemberton to be placed in a regular jail cell – he is currently being held in a cargo detainer on a military base – in the Philippines “This is the first step to justice,” Mr. Roque said after the hearing on Monday. “This is not an ordinary case. It is under the visiting forces agreement. The question is, where will Pemberton be detained? Will he be handcuffed and brought to face the court?”
Pemberton has failed to show up at any hearings and due to a lack of a jury system in the country, his case will be decided by a judge. If convicted, the young man could be looking at up to 40 years in prison.
