OLONGAPO CITY: Lawyers representing US Marine Lance Cpl. Joseph Scott Pemberton asked the court here to reverse its verdict in connection with the death of transgender Jeffrey Laude and grant the application for bail.
The 47-page consolidated reply, a copy of which was obtained by The Manila Times, asked the court to appreciate the mitigating circumstances in determining the imposable penalty, fix the bail, reduce the amount of damage awarded to the family of Laude, and clarify the precise penalty to be imposed in case decision is affirmed.
Pembertonwas initially charged with murder for the death of Laude on Oct. 11, 2014 in a motel along Magsaysay Drive here.
He was convicted of homicide on Dec. 1, 2015 after a 10-month trial and meted a jail term of reclusion perpetua, or a maximum of 20 years imprisonment.
The defense, following Pemberton’s conviction, filed an Omnibus Motion for Partial Reconsideration saying, among others “the existence of circumstances tending to show that another person caused the death of Laude.”
The prosecution, however, argued that there was no evidence of another killer and recommended that court should dismiss the motion.
But was opposed sent on Feb. 5, Pemberton’s lawyers insisted “the prosecution failed to address the existence of circumstances tending to show that another person caused the death of Laude.”
It its reply sent on Feb. 5 to Olongapo City Regional Trial Court (RTC) Branch 74 Judge Roline Ginez-Jabalde, the defense cited pieces of evidence such as: Laude was clutching a piece of jewelry when found dead by law enforcers, but such jewelry does not belong to either Laude or Pemberton; that Laude had P20,000 when he went to Celzone Lodge with Pemberton; and another DNA profile found on Laude which the prosecution failed to account, allegedly due to “insufficient amount of generic data” that should have been considered.
They also asked the court to clarify the precise penalty to be imposed if the verdict is not reversed.