US Marine tagged in Jeffrey Laude slay gets subpoena

Published October 17, 2014 6:24pm

The US Embassy in Manila received on Friday afternoon the subpoena for the US Marine who was tagged in the killing of Filipino transgender woman Jeffrey "Jennifer" Laude last weekend, the Department of Foreign Affairs said.

Olongapo City Prosecutor Emilie Fe Delos Santos and Foreign Affairs Assistant Secretary for Legal Affairs Ed De Vega delivered the document at the embassy at past 5 p.m.

The subpoena requires Private First Class Joseph Scott Pemberton and four other US Marines, who will serve as witnesses to the case, to appear before the Olongapo City Prosecutor's Office for preliminary investigation on October 21, DFA spokesman Charles Jose told a press briefing.

US officials assured the Philippine government of its full cooperation, including making Pemberton and the witnesses available during the legal proceedings.

“The US will continue to assist in the investigation to help ensure justice is served. This will include making the suspect, witnesses and evidence gathered available to the Philippine authorities,” said Anna Richey, deputy press attache at the US Embassy in Manila.

During preliminary investigation proceedings, Pemberton will have the opportunity to present evidence contrary to those presented by the Olongapo City Police.

Laude was found dead inside the toilet of an Olongapo City motel room late Saturday night. A witness has identified him as the last person the victim was last seen with before she was killed.

Private complainant

Laude's sister Marilou, as the private complainant, and the Olongapo City police filed a complaint for murder against Pemberton on Wednesday before the Olongapo City Prosecutor's Office.

Pemberton is a member of the US Marine Corps 2nd Battalion 9th Marines and a participant in the recently concluded Amphibious Landing Exercises in Zambales.

He is now detained on the USS Peleliu, which was barred from leaving the Philippines after the killing. Unidentified US Marines who will serve as witnesses in the case are also on board the ship.

Under the Visiting Forces Agreement, US soldiers in the joint exercises who are implicated in a crime in the Philippines shall be placed under the custody of US authorities. The case, however, will be under the jurisdiction of the Philippine courts.

Laude’s death has sparked strong condemnation from the LGBT community, women groups, and leftist organizations.

The incident also revived anti-US sentiments across the country with several groups and lawmakers calling for the termination of the VFA—a bilateral defense pact that allows American troops to train with their Filipino counterparts in the country.

‘Produce the suspect’

Under the VFA, the DFA is the agency mandated to serve the subpoena to the suspect through the US Embassy.

For its part, the US embassy is obliged to present the suspect to any investigative or judicial proceedings, Jose said.

“They will give the documents to the suspect. They will also study the complaint filed against him and the US side will have to produce the suspect,” Jose said.

Also included in the subpoena is a diplomatic note, formally informing the embassy that it is presenting the subpoena, and a copy of the complaint against Pemberton.

Delos Santos said other parties in the case also received subpoenas, including the complainants and their own witnesses.

Asked what would happen if Pemberton and the four other US Marines would refuse to attend next week’s proceedings, Delos Santos said, “If they don’t appear that will be their own look out.”

“We will still go on with the investigation with whatever is available to us,” Delos Santos told reporters at the DFA after serving the document at the embassy.

DFA seeking justice for Laude

Jose said the DFA was committed to pursuing justice for Laude, who was found dead inside an inn in Olongapo City on Saturday. Laude, according to a key witness, was last seen alive with Pemberton.

He also said the DFA would seek the custody of Pemberton once a warrant of arrest was issued by the court.

“The Department of Foreign Affairs is committed to working with other government agencies in the pursuit of justice," Jose said.

Pemberton is the second US soldier to be implicated in a crime in the Philippines since 2005.

Nine years ago, another US Marine—Lance Corporal Daniel Smith, who also participated in a joint military exercise in the country—was accused and convicted of raping a Filipino woman in the former American base in Subic Bay.

The case was dismissed after the victim recanted her testimony in 2009 —KBK/NB, GMA News

Tags: jeffreylaude, transgender, josephscottpemberton