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On October 11, 2014, Jennifer Laude (), a Filipina
trans woman A trans woman or a transgender woman is a woman who was assigned male at birth. Trans women have a female gender identity, may experience gender dysphoria, and may transition; this process commonly includes hormone replacement therapy and so ...
, was drowned to death by Joseph Scott Pemberton, a Lance Corporal in the
United States Marine Corps The United States Marine Corps (USMC), also referred to as the United States Marines, is the maritime land force service branch of the United States Armed Forces responsible for conducting expeditionary and amphibious operations through combi ...
in
Olongapo Olongapo, officially the City of Olongapo ( fil, Lungsod ng Olongapo; ilo, Siudad ti Olongapo; xsb, Siyodad nin Olongapo), is a 1st class highly urbanized city in the Central Luzon region of the Philippines. Located in the province of Zambales ...
,
Philippines The Philippines (; fil, Pilipinas, links=no), officially the Republic of the Philippines ( fil, Republika ng Pilipinas, links=no), * bik, Republika kan Filipinas * ceb, Republika sa Pilipinas * cbk, República de Filipinas * hil, Republ ...
. Pemberton admitted assaulting Laude and deployed a
trans panic defense The gay panic defense or homosexual advance defence is a legal strategy in which a defendant claims to have acted in a state of violent, temporary insanity, committing assault or murder, because of unwanted same-sex sexual advances, usually b ...
in his 2015 trial. His charge was downgraded from murder to homicide by a judge in 2015, and he was convicted on December 1, 2015. Philippines President
Rodrigo Duterte Rodrigo Roa Duterte (, ; born March 28, 1945), also known as Digong, Rody, and by the initials DU30 and PRRD, is a Filipino lawyer and politician who served as the 16th president of the Philippines from 2016 to 2022. He is the chairperson ...
granted an absolute pardon to Pemberton in September 2020. This was the second reported criminal case involving a United States Marine in the Philippines under the
Philippines–United States Visiting Forces Agreement The Philippines–United States Visiting Forces Agreement, sometimes the PH–US Visiting Forces Agreement, is a bilateral visiting forces agreement between the Philippines and the United States consisting of two separate documents. The first ...
(VFA) and the first since the
Enhanced Defense Cooperation Agreement The Enhanced Defense Cooperation Agreement (EDCA) is an agreement between the United States and the Philippines intended to bolster the American–Philippine alliance. The agreement allows the United States to rotate troops into the Philippines ...
(EDCA). The killing spawned protests in the Philippines by transgender rights groups and other activists.


Killing

Laude, a trans woman, met Pemberton, a
United States Marine The United States Marine Corps (USMC), also referred to as the United States Marines, is the maritime land force service branch of the United States Armed Forces responsible for conducting expeditionary and amphibious operations through combi ...
from
New Bedford New Bedford (Massachusett: ) is a city in Bristol County, Massachusetts. It is located on the Acushnet River in what is known as the South Coast region. Up through the 17th century, the area was the territory of the Wampanoag Native American pe ...
,
Massachusetts Massachusetts (Massachusett language, Massachusett: ''Muhsachuweesut assachusett writing systems, məhswatʃəwiːsət'' English: , ), officially the Commonwealth of Massachusetts, is the most populous U.S. state, state in the New England ...
, at the Ambyanz disco bar in Olongapo on the evening of October 11, 2014. According to police and witnesses, they subsequently went to Celzone Lodge, a nearby motel. Thirty minutes after checking in, Pemberton left the motel, leaving the door to the room ajar. Staff found Laude's naked body, partially covered from the waist down, with her neck blackened with strangulation marks and her head in a toilet bowl. Condoms recovered from the bathroom were subjected to
DNA testing Genetic testing, also known as DNA testing, is used to identify changes in DNA sequence or chromosome structure. Genetic testing can also include measuring the results of genetic changes, such as RNA analysis as an output of gene expression, or ...
to determine if the semen it contained matched that of Pemberton. Forensic experts from the U.S. Army Criminal Investigation Laboratory determined that one of the three condoms and a condom wrapper recovered from the motel room had Pemberton's fingerprints. The DNA within the condoms also did not match Laude's DNA. The cause of death was reported as "
asphyxiation Asphyxia or asphyxiation is a condition of deficient supply of oxygen to the body which arises from abnormal breathing. Asphyxia causes generalized hypoxia, which affects primarily the tissues and organs. There are many circumstances that can i ...
by
drowning Drowning is a type of suffocation induced by the submersion of the mouth and nose in a liquid. Most instances of fatal drowning occur alone or in situations where others present are either unaware of the victim's situation or unable to offer a ...
". Pemberton was reported to have later admitted that he murdered Laude after he found out she was transgender. Pemberton was in the Philippines to take part in regular military exercises. His ship was docked at
Subic Bay Freeport The Subic Special Economic and Freeport Zone, often shorterned as Subic Bay or Subic, is a special economic zone and freeport area covering portions of the city of Olongapo and the town of Subic in Zambales, and the towns of Morong and Herm ...
, former home of the
Subic Bay Naval Base Naval Base Subic Bay was a major ship-repair, supply, and rest and recreation facility of the Spanish Navy and subsequently the United States Navy located in Zambales, Philippines. The base was 262 square miles, about the size of Singapore. Th ...
, once the largest
US Navy The United States Navy (USN) is the maritime service branch of the United States Armed Forces and one of the eight uniformed services of the United States. It is the largest and most powerful navy in the world, with the estimated tonnage of ...
base outside the United States.


Victim

Jennifer Laude was born on November 4, 1987. At the time of her death at the age of 26, she was engaged to a German national. While having a drink with her friend Barbie Gelviro at the Ambyanz Disco in Olongapo, on October 11, 2014, she met an American military foreigner and agreed to go with him to a "short time" hotel called the Celzone Lodge. Gelviro went also with her own companion, and the couples went to different rooms. Later that night Laude was found dead.


Arrest and trial

Following the death of Laude, Pemberton was detained by the U.S. Navy, first on board his ship and then inside
Camp Aguinaldo Camp General Emilio Aguinaldo (CGEA), also known as Camp Aguinaldo, is the site of the general headquarters (GHQ) of the Armed Forces of the Philippines (AFP) located in eastern Metro Manila, the Philippines. It is located in Quezon City along E ...
, the headquarters of the
Armed Forces of the Philippines The Armed Forces of the Philippines (AFP) ( fil, Sandatahang Lakas ng Pilipinas) are the military forces of the Philippines. It consists of three main service branches; the Army, the Air Force, and the Navy (including the Marine Corps). The P ...
, located in
Quezon City Quezon City (, ; fil, Lungsod Quezon ), also known as the City of Quezon and Q.C. (read in Filipino as Kyusi), is the List of cities in the Philippines, most populous city in the Philippines. According to the 2020 census, it has a populatio ...
,
Metro Manila Metropolitan Manila (often shortened as Metro Manila; fil, Kalakhang Maynila), officially the National Capital Region (NCR; fil, link=no, Pambansang Punong Rehiyon), is the capital region, seat of government and one of three List of metrop ...
. On December 15, 2014, the Olongapo City Prosecutor's Office of the
Philippine Department of Justice The Department of Justice ( fil, Kagawaran ng Katarungan, abbreviated as DOJ) is under the Executive departments of the Philippines, executive department of the Philippine government responsible for upholding the rule of law in the Philippines. ...
found
probable cause In United States criminal law, probable cause is the standard by which police authorities have reason to obtain a warrant for the arrest of a suspected criminal or the issuing of a search warrant. There is no universally accepted definition or f ...
to charge Pemberton with murder and that day he was charged with murder in front of the Olongapo City Regional Trial Court Branch 74. The prosecutor decided to pursue murder charges because of the "presence of treachery, cruelty, and abuse of superior strength". Pemberton appealed the prosecutor's decision to the Secretary of Justice, but that appeal was denied. On February 23, 2015, Pemberton was brought to court in Olongapo and the court entered a not-guilty plea on his behalf. The pre-trial hearings began February 27, 2015. The murder trial began on March 16. Under the VFA, the local courts have one year to complete any legal proceedings. Pemberton was represented by Rowena Flores, and the trial was heard by Judge Roline Ginez-Jabalde. Reporters were banned from the courtroom and relied upon second-hand reports from the Laude family's lawyers for their news articles. Laude's relatives said they had been offered 21 million
Philippine peso The Philippine peso, also referred to by its Tagalog name ''piso'' (Philippine English: , , plural pesos; tl, piso ; sign: ₱; code: PHP), is the official currency of the Philippines. It is subdivided into 100 ''sentimo'', also called ce ...
s (US$468,000) if they agreed to lower the charge from murder to homicide. Julita Cabillan, Laude's mother, said they had rejected the offer, since "No amount of money could pay for the years I spent raising my child". One of Pemberton's lawyers, Benjamin Tolosa, insisted that Pemberton's legal team had not offered any money, saying "It has been insinuated the demand came from us and that's absolutely false. It's contrary to what happened". Lawyers for the Laude family claimed that prosecutor Emilie Fe de los Santos had taken a statement by Laude's mother that she would not drop the case even if offered a million dollars as a sign that the family was open to a plea bargain, insisting the prosecutor had promoted that idea with defense attorneys. One of the Laude family's attorneys,
Harry Roque Herminio "Harry" Lopez Roque Jr. (; born October 21, 1966) is a Filipino lawyer, politician, and former law professor. He served as the presidential spokesperson of President Rodrigo Duterte from 2017 to 2018 and from 2020 to 2021. He was the p ...
, told the press that he had been barred by Prosecutor de los Santos from the trial. Laude's family submitted a letter to Department of Justice Secretary Leila De Lima requesting that a new prosecutor be assigned, citing the refusal of de los Santos to work with the family's private lawyers. The prosecution rested on June 30, 2015. Pemberton admitted in court to fighting with Laude, but not to killing her. He claimed he acted in "self-defense" after he discovered Laude was transgender.


Court decision

On December 1, 2015, the Olongapo Regional Trial Court found Pemberton guilty of homicide, citing mitigating circumstances including Laude not revealing her gender identity, and sentenced him to 6 to 12 years in jail. The court said, "The killing of Laude amounted only to homicide" and did not meet the standards for murder. Pemberton, in the court's view, acted out of "passion and obfuscation". The court ruled Pemberton that "in the heat of passion, he arm-locked the deceased, and dunked her head in the toilet." Harry Roque, the family's attorney, disagreed, saying "It is not right that these mitigating circumstances showed his bigotry towards a transgender woman and that the bigotry itself was the reason he killed her." Laude's mother, Julita Laude, also was not happy, saying she believed Pemberton was guilty of murder. Still, she added, "But the important thing is he will be jailed. My daughter's life is not wasted." Pemberton remained at Camp Aguinaldo and under the Bureau of Corrections control until the appeals were heard. Pemberton was ordered to pay fines to the Laude family totaling over 4.5 million
Philippine peso The Philippine peso, also referred to by its Tagalog name ''piso'' (Philippine English: , , plural pesos; tl, piso ; sign: ₱; code: PHP), is the official currency of the Philippines. It is subdivided into 100 ''sentimo'', also called ce ...
s: 50,000 pesos for civil indemnities, 4,320,000 pesos for loss of earning capacity, 155,250 pesos for funeral and burial expenses, 50,000 pesos for moral damages, and 30,000 pesos for
exemplary damages Punitive damages, or exemplary damages, are damages assessed in order to punish the defendant for outrageous conduct and/or to reform or deter the defendant and others from engaging in conduct similar to that which formed the basis of the lawsuit. ...
. In a ruling issued by the Olongapo RTC Branch 74 on March 30, 2016, the court affirmed the conviction of Pemberton, while reducing the maximum sentence to 10 years from the original 12 years and also denying him bail.


Early release and absolute pardon

On September 2, 2020, Branch 74 of the Olongapo City Regional Trial Court granted Pemberton's partial motion of reconsideration, thereby releasing him from prison. Judge Roline Ginez-Abalde said that Pemberton, then confined at the Armed Forces of the Philippines Custodial Center in Camp Aguinaldo, Quezon City, had already served a jail sentence of ten years, one month, and ten days on account of his accumulated Good Conduct Time Allowance (GCTA). The Laude camp opposed the decision, saying, "Pemberton, who lives comfortably and only his liberty is restricted—cannot reasonably and justifiably claim good conduct”. On September 7, 2020, President
Rodrigo Duterte Rodrigo Roa Duterte (, ; born March 28, 1945), also known as Digong, Rody, and by the initials DU30 and PRRD, is a Filipino lawyer and politician who served as the 16th president of the Philippines from 2016 to 2022. He is the chairperson ...
granted an absolute
pardon A pardon is a government decision to allow a person to be relieved of some or all of the legal consequences resulting from a criminal conviction. A pardon may be granted before or after conviction for the crime, depending on the laws of the ju ...
to Pemberton, which was justified by his spokesman Harry Roque, who was once a legal counsel for the Laude family. Prior to this, Duterte himself promised to the Laude family that he will not release Pemberton during his presidency. The pardon, which was condemned by the Laude family, sparked outrage in the
LGBT community The LGBT community (also known as the LGBTQ+ community, GLBT community, gay community, or queer community) is a loosely defined grouping of lesbian, gay men, gay, bisexuality, bisexual, transgender, and other queer individuals united by a comm ...
, as well as high-profile personalities from senators to celebrities. The hashtag #JusticeForJenniferLaude landed on the top trending spot in social media, where majority of the posts were critical of Duterte. The absolute pardon given by Duterte has been called "a grave injustice to the Filipino people", "a travesty of Philippine sovereignty and democracy", "a mockery of hejudiciary and legal system", and "a shameless sell-out". The pardon has also been analyzed as an act that "plac sthe interests of the US government above the Filipino people’s demands for justice and accountability". The lawyer of Pemberton later claimed that her client "always wanted to apologize" to Laude's family. The claims were afterwards debunked by the lawyer of the Laude family, who stated that since 2014, Pemberton never initiated any form of an apology. Pemberton's lawyer has stated that her client's reaction to the pardon was "very happy", and that she advised Pemberton to apologize through a letter, instead of speaking personally with the Laude family. On September 13, 2020, Pemberton was deported to the United States, after he had allegedly apologized to the victim's family and thanked Duterte for the pardon. He is expected to enroll in a college in the United States. On September 14, 2020, during the daily
COVID-19 Coronavirus disease 2019 (COVID-19) is a contagious disease caused by a virus, the severe acute respiratory syndrome coronavirus 2 (SARS-CoV-2). The first known case was COVID-19 pandemic in Hubei, identified in Wuhan, China, in December ...
press briefing,
Philippine The Philippines (; fil, Pilipinas, links=no), officially the Republic of the Philippines ( fil, Republika ng Pilipinas, links=no), * bik, Republika kan Filipinas * ceb, Republika sa Pilipinas * cbk, República de Filipinas * hil, Republ ...
presidential spokesman
Harry Roque Herminio "Harry" Lopez Roque Jr. (; born October 21, 1966) is a Filipino lawyer, politician, and former law professor. He served as the presidential spokesperson of President Rodrigo Duterte from 2017 to 2018 and from 2020 to 2021. He was the p ...
claimed that according to US authorities and the
American Marine Corps The United States Marine Corps (USMC), also referred to as the United States Marines, is the maritime land force service branch of the United States Armed Forces responsible for conducting expeditionary and amphibious operations through combi ...
, Pemberton would be facing a '
court martial A court-martial or court martial (plural ''courts-martial'' or ''courts martial'', as "martial" is a postpositive adjective) is a military court or a trial conducted in such a court. A court-martial is empowered to determine the guilt of memb ...
' upon his return in the
United States The United States of America (U.S.A. or USA), commonly known as the United States (U.S. or US) or America, is a country primarily located in North America. It consists of 50 states, a federal district, five major unincorporated territorie ...
. The court martial would determine additional punishment for Pemberton and whether he is qualified to remain in service.


Reactions

The case has the potential to damage
Philippines–United States relations The relationship between the United States and the Philippines has historically been strong and has been described as a "special relationship". The former Philippine president Rodrigo Duterte, however, was supportive of a foreign policy that is l ...
. The VFA, complemented by the EDCA and by annual military exercises known as
Balikatan Exercise Balikatan is the most prominent annual military exercise between the Philippines and the United States The United States of America (U.S.A. or USA), commonly known as the United States (U.S. or US) or America, is a country ...
, were put under greater scrutiny as several protests were organized in the Philippines and the United States calling for the Philippines to cancel both agreements. This is the second reported criminal case involving a United States Marine in the Philippines under the VFA. In 2005, four Marines were tried in the Philippines for rape in what became known as the
Subic rape case The Subic rape case, officially known as ''People of the Philippines vs. Dominic Duplantis, Keith Silkwood, and Daniel Smith'', was a criminal case in the Philippines involving a Filipina and four United States marines. It caught wide media cov ...
. Three were acquitted at trial and the fourth was convicted at trial but later acquitted on appeal after victim "Nicole" recanted her testimony by saying the rape never happened and immediately emigrated to the United States.
Transgender A transgender (often abbreviated as trans) person is someone whose gender identity or gender expression does not correspond with their sex assigned at birth. Many transgender people experience dysphoria, which they seek to alleviate through tr ...
rights activists and the left-wing
Bagong Alyansang Makabayan The Bagong Alyansang Makabayan () or Bayan is an alliance of left-wing Philippine organizations. It was founded on International Workers' Day, May 1, 1985 as part of the opposition during the Marcos dictatorship. Politics Ideology The princ ...
have protested what they see as the "special treatment" of U.S. troops, such as Pemberton, in the Philippines, compared to the
second-class citizen A second-class citizen is a person who is systematically and actively discriminated against within a state or other political jurisdiction, despite their nominal status as a citizen or a legal resident there. While not necessarily slaves, ...
treatment of Filipinos, such as Laude, in their own land, which they characterize as
neo-colonialism Neocolonialism is the continuation or reimposition of imperialist rule by a state (usually, a former colonial power) over another nominally independent state (usually, a former colony). Neocolonialism takes the form of economic imperialism, gl ...
. The
Communist Party of the Philippines The Communist Party of the Philippines ( fil, Partido Komunista ng Pilipinas) is a far-left, Marxist-Leninist-Maoist revolutionary organization and communist party in the Philippines, formed by Jose Maria Sison on 26 December 1968. It is desi ...
condemned the United States' refusal to turn over full custody of Pemberton to Philippine authorities and called for the abolition of the VFA, which the party views as lopsided to US military interests and as violative of Philippine sovereignty. The communist group also views that the Philippine government refuses to fully assert full jurisdiction on the case. The Philippines was a territory of the United States from 1898 to 1946. The case has also prompted a discussion on transgender rights. A columnist for ''
The Philippine Star ''The Philippine Star'' (self-styled ''The Philippine STAR'') is an English-language newspaper in the Philippines and the flagship brand of the Philstar Media Group. First published on July 28, 1986, by veteran journalists Betty Go-Belmonte, ...
'' wrote that the case provides for an "opportunity to further gender sensitivity, promote LGBT rights, and encourage tolerance and acceptance." In 2018, director
PJ Raval PJ Raval is a queer first-generation Filipino-American filmmaker known for his documentary films about underrepresented subcultures and identities within the LGBTQ+ community. Raval is a Guggenheim Fellow, a Robert Giard Fellow, a member of t ...
released the documentary ''Call Her Ganda'', following the three women intimately invested in the case: an activist attorney, a transgender journalist and Laude's mother.


See also

*
LGBT culture in the Philippines The lesbian, gay, bisexual, transgender and queer (LGBTQ) people in the Philippines have a distinctive culture in society, and also have limited legal rights. Gays and lesbians are more tolerated than accepted in Filipino society. Despite recent ...


References

{{DEFAULTSORT:Laude, Jennifer 2014 in international relations 2014 murders in the Philippines 2015 in international relations 2015 in the Philippines 2010s trials Deaths by drowning Deaths by person in the Philippines United States Marine Corps in the 21st century History of Zambales Murder trials October 2014 crimes in Asia October 2014 events in the Philippines Philippines–United States relations Trials in the Philippines Presidency of Rodrigo Duterte United States military in the Philippines Violence against women in the Philippines Violence against trans women 2014 in LGBT history Anti-Americanism