Pemberton camp says he should be released, willing to apologize to Laude family

The camp of US Marine Joseph Scott Pemberton on Friday insisted that the American serviceman should be immediately released from detention as ordered by an Olongapo City court.

In an interview on Dobol B sa News TV, Pemberton’s lawyer Rowena Garcia-Flores said they have filed an opposition to the appeal of the family of Jennifer Laude for the court to direct Pemberton to complete his service of sentence.

Flores said the motion for reconsideration filed by the Laude family has no merit.

The Bureau of Corrections (BuCor) on Thursday suspended the release of Pemberton pending the resolution of the appeal, a position supported by presidential spokesperson Harry Roque, who once served as legal counsel for the Laudes.

“Siguro po nag-iingat ang BuCor dahi marami pong nakatutok dito at lalo na nagsalita pa si Harry Roque eh baka akala ng BuCor eh galing po sa Presidente ‘yung kanyang mga sinasabi,” Flores said.

Pemberton was ordered released despite having served only more than five years out of his sentence of six to 10 years in relation to his homicide conviction.

This was because the court took into account his good conduct time allowances (GCTA), which are given to prisoners who follow prison rules and regulations.

An Olongapo court said that Pemberton had served a total of 2,142 days and earned 1,548 GCTAs. Taken together, this amounts to 3,690 days, or 10 years, one month, and 10 days — more than the 10-year maximum penalty imposed on him, according to the court.

“Dapat po sana immediate ang pag-release kay Pemberton kasi po sabi po ng korte 40 days na po siyang lampas sa pag-serve niya ng 10-year sentence kaya po every day na tumatagal siya sa kulungan wala na pong basis ‘yun,” Flores said.

Not heinous

Flores said that Pemberton was entitled to the benefits of the GCTA Law because homicide is not a heinous crime.

She also disputed the argument of the Laude family that Pemberton’s conduct was never put to test as he never joined other convicts.

“Wala pong legal basis 'yun, ang importante lang po mabuti siyang prisoner,” she said.

“Wala po siyang nakakaaway, walang binubugbog, walang pinapatay. Isolation na nga po siya eh, solitary confinement. Papaano pa po siya makagagawa doon ng masamang bagay?”

Flores added that Pemberton is “very willing” to personally apologize to the Laude family even as she pointed to the monetary compensation and the American’s decision to withdraw his appeal before the Supreme Court as manifestations of the soldier’s regret over the incident.

“Nakakulong po ‘yung tao. Talagang wala siyang pagkakataon na mag-communicate. Pero kung meron siyang pagkakataon ay maga-apologize siya,” she said.

“Kung gusto nila eh puwede naman po tumawag at mag-apologize. He’s very willing po to do that.”

Laude, a 26-year-old transgender woman, was found dead in the bathroom of a Celzone Lodge room in Olongapo City on October 11, 2014.

Pemberton was convicted in 2015. His conviction was affirmed by the Court of Appeals in 2017. —KBK, GMA News