Laude sympathizers rally near Olongapo court. Sympathizers of slain transgender woman Jeffrey “Jennifer” Laude rally outside the Olongapo Hall of Justice on Monday, October 27, during the second day of the preliminary investigation on the case. Suspect US Marine Pfc. Joseph Scott Pemberton was again a no-show at the probe. Rouchelle Dinglasan
Prosecutors on Monday rejected a motion filed by the camp of US Marine Pfc. Joseph Scott Pemberton seeking to reduce the murder complaint filed against him to homicide, saying it would be premature to do so.
The 19-year-old US Marine is the suspect in killing transgender woman Jeffrey “Jennifer” Laude, who was found dead in a motel on Oct. 11.
The motion was one of three filed by the defense, led by lawyer Rowena Garcia-Flores, during the preliminary investigation at the Olongapo Hall of Justice.
The motions were for clarification of the murder complaint, declaration that there was no probable cause, and — in case the prosecution panel finds probable cause — the reduction of the charge to homicide.
“Do not teach us what to do. We will base our resolution on the evidence that we’ve gathered,” Olongapo City Chief Prosecutor Emilie Fe Delos Santos said during the proceedings, which lasted less than an hour.
All three motions were denied.
Delos Santos explained that the evidence needs to be corroborated before the panel can decide if the complaint should be filed in court. Only then will the charge be determined, she said.
“It is premature to determine if there is probable cause. We should respect the process,” she said.
Delos Santos explained that the prosecution has yet to inspect the crime scene and is still waiting for the results of forensic tests.
The five-member prosecution panel is composed of Delos Santos, Assistant Chief Prosecutors Laurence Taliping, Rommel Baligod, and Ria Niña Sususko, and State Prosecutor Nolibien Quiambao.
The panel has 60 days to finish the preliminary investigation.
Meanwhile, the Olongapo chief prosecutor said that Pemberton has waived his right to submit a counter-affidavit after his lawyers presented motions instead of a counter-affidavit.
In a press briefing after the preliminary investigation, Delos Santos said the proceedings might go faster since Pemberton did not submit a counter-affidavit.
“Mapapabilis in a way. Hihintayin na lang ang ang result ng forensics,” Delos Santos said.
She added that Permberton’s camp may have opted not to submit a counter-affidavit because doing so would compel them to present the suspect so he can personally affirm to it.
“Diskarte ng defense ‘yan. Kung may counter-affidavit, dapat andoon [ang suspek]. Maybe that is their strategy [so] we cannot ask him any question,” she said. — JDS, GMA News
