Pemberton found guilty of homicide for Jennifer Laude’s death

A Philippine court on Tuesday, December 1 found a U.S. Marine guilty of killing a transgender woman, jailing him for six to 12 years in a case that has reignited debate over the American military presence in the country.

The Olongapo city regional trial court also ordered Lance Corporal Joseph Scott Pemberton to pay more than 4.5 million pesos ($95,350) to the family of Jennifer Laude, who was found dead last year in a hotel outside the former U.S. Navy base northwest of Manila.

He will serve a minimum of six years and a maximum of 12 years in jail. Pemberton had been charged with murder but was convicted of the lesser offence of homicide, which does not require malicious intent.

Pemberton will face imprisonment from six to 12 years.

Jennifer’s sister, Malou also expressed dismay over the decision of homicide but said she was pleased that Pemberton will be committed to the National Bilibid Prisons. 

The court noted that under the visiting forces agreement between the U.S. and the Philippines, the confinement or detention of U.S. personnel shall be carried out in facilities agreed on by authorities from both countries.

The U.S. embassy will have to confirm first with the Department of Foreign Affairs where Pemberton will be detained.

Pemberton will be temporarily committed to the New Bilibid Prison in Muntinlupa City.

Harry Roque, Chief Counsel of Laude, said the verdict was not a clear victory.

“Jennifer was not the first victim of the American soldiers, but this was the first conviction that resulted in a victory. Even then, this was a bitter win because first of all, murder was not the language used and it is angering. The court said there was no evidence of cruelty, but it was clear that the victim suffered numerous injuries, was choked and drowned in a toilet. If that was not cruelty, I don’t know what is,” Roque said.

His term of 20 years to life was the maximum penalty the regional trial court could have handed down if Pemberton had been convicted of murder, after the Philippines repealed the death penalty in June 2006.

The case has stirred debate over the presence of American soldiers on Philippine soil after Filipino senators voted two decades ago to kick out U.S. bases in the country because of social issues, such as crimes committed by servicemen.

The two allies are waiting for the Philippine Supreme Court to approve a pact allowing the U.S. Military to store supplies at Philippine bases for operations related to maritime security, humanitarian assistance and disasters.

Pemberton had earlier admitted in court to choking, but not killing, laude.

He told the court he acted in self-defense after he discovered that Jennifer was a man and, not a woman.