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Metro Manila (CNN Philippines, September 4) – Former Supreme Court spokesman Theodore Te raised several legal issues on Friday in a court order for the early release of Joseph Scott Pemberton, the US Marine convicted of killing a Filipino transgender woman Jennifer Laude in 2014.
Te, also a law professor, said there were a number of constitutional issues raised by a recent decision by a court in the city of Olongapo that allowed Pemberton to go free for good behavior while in detention. The Justice Department said Thursday that the release is on hold pending a court ruling on the appeal filed by Laude’s family.
“I myself am asking that question: Because I was alone there [he was alone in his cell], it is not a common place of detention. What is the objective basis for saying that this person has actually shown good behavior? That part intrigues me, “Te told CNN Philippines The Source.
He added that it is up to the court to assess the “factual basis” by assessing his behavior while in detention to qualify for early release.
Unlike other suspects and convicts in the country who are being held in local or national jails, Pemberton is being held inside his own cell at Camp Aguinaldo, the headquarters of the Philippine Armed Forces in Quezon City, in compliance with Visiting Forces . Agreement in force since 1998.
Pemberton has served a total of 2,142 days or more than five years and eight months in prison, but the court awarded him a good conduct allowance of 1,548 days or more than four years. This results in cumulative jail time of 10 years, one month, and 10 days, the court said, beyond the maximum sentence previously set by the Court of Appeals.
RELATED: ‘Good Behavior’ Computing: How Prison Time Is Shortened Based On Behavior
Another issue would be whether an American can also benefit from GCTA, as the law and even the Constitution say nothing about it.
“I think the question involves the equal protection clause and I have heard statements that you have no right. Of course, your lawyer will say that you have the right,” said the lawyer.
Laude was found dead in a motel room in the city of Olongapo in October 2014 after a night out with Pemberton. Laude’s neck was blackened with strangulation marks, his head rammed into a toilet in a horrific murder that has drawn ire among Filipinos. Pemberton’s detention in his own cell has also sparked complaints that the US military is receiving special treatment in the country.
The Laude family filed a motion to reconsider Wednesday to block Pemberton’s early release and asked for proof of his behavior while he was in jail, but even this goes beyond standard protocol. She told you that the victim’s relatives can only intervene in the case in regards to the payment of civil damages, something that has already been fulfilled when the American camp paid the total amount of ₱ 4.65 million.
The rules dictate that any appeal or court filing involving homicide must be approved by state prosecutors. She told you that it will only be clear if the Justice Department supports the family’s motion.
On Friday, the US Navy group opposed the Laude family’s motion, saying they could not explain why their good conduct credit calculation was incorrect and wanted the court to “treat Pemberton. differently. “
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