Posted on 09/07/2020 8:20:31 AM PDT by Aaron0617
MANILA, Philippines (Updated 5:58 p.m.) — As Philippine prosecutors prepare to block the early release of US Marine Joseph Scott Pemberton, President Rodrigo Duterte on Monday granted an “absolute pardon” to the US Marine who was convicted for the killing of Filipino transgender woman Jennifer Laude.
"Cutting matters short over what constitutes time served, and since where he was detained as not in the prisoner’s control—and to do justice—the President has granted an absolute pardon to Pemberton. Here at the Palace,” Locsin wrote on a tweet. According to a primer by the Department of Justice Parole and Probation Administration, a grant of absolute pardon is "the total extinction of the criminal liability of the individual to whom it is granted without any condition whatsoever resulting to the full restoration of his civil rights."
Supreme Court jurisprudence states that an “absolute pardon not only blots out the crime committed, but removes all disabilities resulting from the conviction. Justice Secretary Menardo Guevarra has yet to reply whether he was consulted over this.
The Department of Justice is set to file a motion for reconsideration for the reversal of an Olongapo court’s early release order for Pemberton on account of the Good Conduct and Time Allowance law. Presidential spokesperson Harry Roque explained that the pardon means Pemberton can now walk free.
"No more issue on whether he is entitled to the GCTA, no more issue on whether the law is applicable on him because he is not imprisoned at the national penitentiary," Roque, a former human rights lawyer who once represented the Laudes, said.
Pemberton was convicted for killing Laude at the Celzone Lodge in Olongapo City in October 2014. A 2015 STAR report quoting Roque said: "Pemberton told the court he thought Laude just lost consciousness after he strangled her, which he considered an act of self defense." But it is still unclear whether Pemberton, his legal team or the government of the United States sought the pardon, which only the president can grant.
According to a document from the DOJ, there are at least 14 documentary requirements for application of absolute pardon.
These include a duly notarized petition for absolute pardon, certificate of discharge from prison, certified true copy of the Order of the Court granting Probation, Certificate of Final Release and Discharge, clearances from the police and National Bureau of Investigation, and a notice/comment from the offended party, among others.
Lawyer Rowena Flores, Pembeton’s lawyer, has yet to reply to media whether her client had applied for a pardon.
Last week, Pemberton secured a release order from the Olongapo Regional Trial Court Branch 74 after it accounted for the time allowances he supposedly earned while in prison, under the GCTA law—the measure was placed under scrutiny and suspended in August 2019.
During the height of the GCTA controversy, Duterte had ordered the re-arrest of the 1,914 heinous crimes convicts or they will be treated as fugitives.
Guevarra later suspended the implementation of the law in light of the controversy, that led to Senate hearings on the GCTA and later, the promulgation of a revised Implementing Rules and Regulation on the law.
DOJ Undersecretary Markk Perete said Monday that processing of GCTA applications continues, there are some cases that are held in abeyance. These are applications of those charged with a heinous crime, but eventually convicted on a non-heinous offense—including Pemberton’s case.
http://www.freerepublic.com/tag/pemberton/index?tab=articles
Was this anything like what happened in The Crying Game? Did this pervert try to fool the Marine? If any dude masqueraded as a woman with *me* I very probably wouldn’t have killed him but I certainly would have made him wish that he had died as a child.
Having traveled in SE Asia (but never having been arrested) I can easily imagine that being in prison there...particularly as a Westerner...would be a noticeably unpleasant experience.
When shedding its crocodile tears over the deaths of transgender “women,” the media omits the fact that most of them die as a result of their dangerous lifestyle, usually working as prostitutes. The men they pick up don’t take kindly to discovering the exaggeratedly feminine hooker they’ve chosen is in fact a man.
Why the hell was he pardoned? He was there in jail only a few years for killing a trans!
There must have been a corrupt quid pro quo that we don’t know of.
RE: The men they pick up don’t take kindly to discovering the exaggeratedly feminine hooker they’ve chosen is in fact a man.
Still does not excuse murdering a human being!
He should have stopped short of killing or causing great bodily injury. Then, other than the “date,” knowing the details, he should have kept the “surprise” to himself and no one else would have known about it.
Whatever. Anytime you surprise someone with a penis, you are risking your life. Flasher on a trail can be shot on sight by any woman and she won’t even be charged.
The poor guy clearly thought it was a homo rapist and had to defend himself.
“He should have stopped short of killing or causing great bodily injury. “
Probably hard to remember to do in the middle of a fight.
So it was all the victim's fault?
Omigod. Olongapo city. That brings back really bad memories. What a shythole.
Back in 1979-77, I was assigned, every 6th day, to accompany the US Navy Shore Patrol in Olongapo City as the USMC representative, whenever our battalion was in port at Subic Bay. Olongapo had about every sexual perversion known to man back then. I suppose several dozen new perversions have been invented in the past 40+ years.
When our battalion was back on Okinawa, we had a young enlisted Marine "roll" a drunk Okinawan man. I was assigned to be the observer for the USMC and the USA at his trial. Their country, their law, their citizen, so we had no say - just observe. IIRC, he may have had a USMC JAG officer as an advisor, not legal defense. The "word" was that unless you had someone bringing you additional food, you might not survive a two year sentence...
"Keep your nose clean"
You weren’t “Bearcat Charlie” patrolling off the Esso Plant north of Namo Bridge in 1969 by any chance?
The girly boys of Japan/Philippines/Bangkok etal were there during my period (50s/60s) but since there was such a ‘fight’ for the money the bars wouldn’t allow them to work so if one stuck to the ‘B girls’ there was less chance of being ‘fooled’.
I have had girls point ‘them’ out to me and some of them looked almost genuine.
If I remember correctly the police kept them pretty much under control but ‘they’ are a different breed as during the early part of my service, ‘do funnys’ in the Navy were there and some were bold enough to make advances aboard ship which was really dangerous cause if one were to pick the wrong ‘victim’ a midnight swim may be in order or at least a trip to the showers with kaya brushes and a blanket party.
THEN - if they got ‘caught’ it was off to the brig where the Marines had special treatments.
Like the enlistee once said..
When I came in in the 50s being a ‘fag’ was a DD and Brig time waiting for you.
In the 60s, they introduced ‘kinder, gentler’ punishments so I got out before it became ‘Mandatory’.
I hope this Marine does not seek out prostitutes anymore.
I believe Duterte hates anything gay & trans. That could be why.
Methinks he doth protest too much.
https://www.nytimes.com/2015/12/02/world/asia/us-marine-joseph-pemberton-guilty-in-killing-of-transgender-woman-in-philippines.html
Yep, Rape by fraud...Not Guilty.
Nope. Was Navy. We walked from the base to the TopHat Bar and back in groups. No side trips. Fortunately my Destroyer was only there briefly 3 times for fueling and ammo.
What a shythole. It may be the worst place in the world.
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