By Fernan Angeles
UNLAWFUL is how a private prosecutor described a court order releasing convicted US Marine Joseph Scott Pemberton from detention.
Lawyer Rommel Bagares said Pemberton, who was convicted for homicide of Filipino transgender Jennifer Laude in 2014, could not possibly qualify the law allowing prisoners to be released early due to good conduct because there isn’t a separate treaty that would render it legal.
In a decision Tuesday, September 3, an Olongapo City court ordered the release of Pemberton after finding he has served beyond his 10-year prison sentence under the good conduct time allowance (GCTA) rule.
Bagarres said Pemberton was convicted for homicide under the Philippines’ Visiting Forces Agreement with the US which does not cover the GCTA.
Moreover, only those who are spending jail time at the Bureau of Corrections or the Bureau of Jail Management and Penology facilities are specifically stipulated as those who could be accorded GCTA merits.
“The agreement here only was signed with respect to where he will be detained, where he will be serving his sentence,” he told ANC. “The court said there has to be a specific agreement.”
Pemberton also cannot avail of the GCTA law’s benefits because of the nature of the crime, Bagares added.
“This was a hate crime without any question. He should not qualify under the GCTA rules because heinous crimes are not covered by the rules,” he said.
Pemberton was sentenced to 6 to 10 years in prison for homicide over the Oct. 11, 2014 slay of Jennifer Laude at an Olongapo City motel.
The US Marine, who is detained at Camp Aguinaldo, received “nearly perfect” scores for his supposed good conduct while “enjoying” an “air-conditioned room…all by himself,” according to Bagares.
The Olongapo court’s computation showed Pemberton has served 2,142 days in detention plus 1,548 days of GCTA grant or a total of 3,690 days or just a few days over 10 years, beyond the maximum penalty for homicide.
“He has a very comfortable berth at the AFP facilities provided for him so there’s no basis for the ratings given to him,” he said.
“We have rulings in the Supreme Court recognizing that situations in Philippine jails are torturous and he does not get to suffer that and therefore the circumstances contemplated by the GCTA whereby good conduct may be appreciated do not exist in this case.”
Bagares also raised “controversy” surrounding the GCTA law implementation, which prompted several Senate inquiries last year.
“There have been plenty of applications by Filipinos to be covered with that rule and until now very few have been granted for this privilege. A special lane has been created for this guy. He does not deserve that,” he said.
The Laude family’s counsel was also not given documents for Pemberton’s GCTA case, Bagares added.
As this developed, Presidential Spokesperson Harry Roque on Thursday said the early release of a US Marine convicted of killing a Filipino transgender is setting a bad precedent.
“Sa akin po, masamang precedent ito kasi ang pinapadala nating mensahe kapag ikaw ay Amerikano at pinatay mo nang parang animal ang Pilipino halos hindi ka mapaparusahan,” Roque said in an interview
“Hindi po makatarungan ‘yan. Pinatay ni Pemberton si Laude na parang animal si Laude. Nilublob ang ulo sa inodoro hanggang malunod tapos tinalian pa ang leeg. Hindi po tama na ang karumal-dumal na krimen na ‘yan ay mapaparusahan lamang ng 5 taong pagkakakulong,” he said.