The camp of slain transgender woman Jennifer Laude is asserting that US Marine Lance Cpl. Joseph Scott Pemberton should remain behind bars.
The supposed early release of Pemberton was based on his earned good conduct time allowance (GCTA). The order issued by the Olongapo RTC Branch 74 showed he has earned a total of 1,548 GCTA, including the time allowance during his preventive imprisonment. The Court’s computation claimed that Pemberton’s imprisonment has already exceeded the 10-year maximum penalty.
The Laudes questioned the decision and immediately filed a motion for reconsideration before the court. The family’s legal counsel said there is no evidence to prove that Pemberton showed good behavior while he was serving his sentence and that the GCTA is not applicable to the foreigner.
“In-invoke niya na hindi siya mag-serve ng sentence sa National Bilibid, invoking the VFA which is a special law… Ngayon, he would like to be treated like an ordinary prisoner na pwedeng mag-apply sa GCTA (He invoked the VFA which is a special law so as not to serve his sentence at the National Bilibid. Now, he would like to be treated like an ordinary prisoner who can apply for GCTA),” Atty. Virgie Suarez cited.
Pemberton’s camp responded that the prison guard observed good behavior from the foreigner despite being in solitary confinement at Camp Aguinaldo. His legal counsel added that he should have already been freed last July as ordered by the court.
“Nabasa ko naman po yung motion for reconsideration nung private complainant. Wala pong kakwenta-kwenta. So I think it’s a matter of time before po ma-deny ang kanilang motion (I have read the motion for reconsideration by the private complainant. It is nonsense. So I think it’s a matter of time before their motion is denied),” Atty. Rowena Flores said.
The Bureau of Corrections (BuCor) said it will not yet process the release of Pemberton pending the decision on the motion for reconsideration of Laude’s camp. Department of Justice (DOJ) Spokesperson USec. Markk Perete pointed out that “the BuCor cannot preempt court action on the MR by prematurely releasing Pemberton.”
– Report from Bea Bernardo
