Lawyer to Duterte: Jennifer Laude was unfairly treated, not Pemberton

President Rodrigo Duterte's statement that US Lance Corporal Joseph Scott Pemberton, convicted for killing transgender Filipino woman Jennifer Laude in 2014, was unfairly treated was without basis, according to the victim's camp.

Interviewed on Unang Balita on Tuesday, lawyer Virgie Suarez said it was Jennifer Laude, her family and the Filipino public who were unfairly treated, pointing out that Duterte does not seem to know a lot about the case.

"Para sabihin niya na si Pemberton ay unfairly treated, walang basehan. If there's anyone who is unfairly treated dito ay si Jennifer Laude, ang pamilya ni Laude, at buong mamayang Filipino," Suarez said.

In a briefing in Davao City on Monday, Duterte said he has granted absolute pardon to Pemberton whom he said was treated "unfairly" when his behavior while detained and in prison was not duly monitored by Philippine authorities for good conduct time credits.

"'Pag walang record, 'di mo malaman kung nabilang ba o hindi. Pagka ganon hindi kasalanan ni Pemberton. He is not required to keep a record of his own and characterize his behavior while inside the prison," Duterte had said.

"So sabi ko kay Justice Secretary [Menardo Guevarra], [Executive Secretary Salvador] Medialdea... 'Correct me if I'm wrong but ito ang tingin ko sa kaso. You have not treated Pemberton fairly. So i-release mo'."

Justice Secretary Menardo Guevarra said Duterte consulted him before granting the pardon. "Yes, I was consulted by the President before he made the decision," he told reporters on Monday.

"Pardon is an act of grace on the part of the chief executive. He may exercise this plenary power of executive clemency at any time and under any circumstance," he added.

The pardon was granted amid questions on the computation of Pemberton's good conduct time allowance, which an Olongapo City court has cited as reason for ordering his release but was challenged by Laude's family.

Abuse of power

In granting pardon to Pemberton, Duterte, according to Suarez, used his "authoritarian mind."

Asked during the interview if the Laude family could still pursue legal action to reverse the pardon, Suarez said: "Mahirap na, halos wala na dahil ito ay isang discretionary at inherent power ng Presidente."

"Kaya ang paggamit dito ay hindi dapat inaabuso ng President," Suarez said.

"Kaya nga ang tindi ngayon ng outcry against this exercise ni President ng power. It is an exercise of an authoritarian mind. Gumagamit ka ng kapangyarihan hindi sa interes ng mamamayang Filipino pero para lang sa interes ng dayuhan."

Lawyer Rowena Garcia-Flores, Pemberton's counsel, said they are eyeing his release within the week.

Allaying speculations of special treatment, Flores, in a television, said Pemberton "was inside the jail the whole time." She said Pemberton's only social activity was talking to his guards, and that his visitors were only his mother and his lawyers.

Time of trial

Suarez said Pemberton had a far favorable experience even during the trial as he was always accompanied in court by over a dozen of his fellow American soldiers while the Laude family only had their lawyer.

"Sa buong trial na ito ang kasama lang ng Laude [family] ako, samantalang umabot sa 16 na sundalong Amerikano ang nasa loob ng korte,” Suarez said.

"Sa simula't simula pa lang, hindi na nakuha ng bansang Pilipinas ang custody."

When Pemberton was convicted in 2015, Suarez said the Philippine National Police was not able to accost Pemberton because of the American soldiers surrounding him.

"Our own police officers were rendered inutile sa loob na mismo ng korte dahil pinaikutan na agad siya ng sundalong Amerikano,” she said.

Despite the court’s original order to detain Pemberton at the New Bilibid Prison, Suarez said he was detained in a privilege holding facility with air conditioning inside Camp Aguinaldo.

Suarez said the September 1 court order to release Pemberton on the ground of good conduct time allowance was also an unfair treatment to Laude.

"Bigla na lang may order of release dahil sa good conduct. Ni walang notice sa pamilya, ni walang notice sa akin, ni walang basehan," Suarez said.

"Ang lahat ng ito nakasalang, pinaguusapan, bigla siyang magbibigay ng pardon. Malinaw kung sino ang unfairly treated," she added. —KBK, GMA News