Pemberton withdraws SC petition to reverse conviction for homicide

August 24, 2020

The Supreme Court has ended its review of the case involving US Marine Lance Corporal Joseph Scott Pemberton after he withdrew his petition seeking to reverse his conviction for homicide for killing transgender Jeffrey “Jennifer” Laude in 2014.

In a one-page notice Monday, the SC’s Third Division resolved that the petition filed by Pemberton “is considered closed and terminated” after he filed an urgent motion to withdraw the petition for review on certiorari that he filed in 2017.

The SC stressed that all the concerned parties would also be notified of this development.

“The Court grants petitioner’s urgent motion for leave to withdraw (petition for review on certiorari dated Oct. 5, 2017) dated June 2, 2020 stating that after thoughtful consideration of the circumstances of this case, he has decided to withdraw his petition, both as to criminal and civil aspects of the appeal, and accepts and recognizes that his conviction will become final and executory,” the SC ruled.

On December 1, 2015, Olongapo City Regional Trial Court (RTC) Branch 74 Judge Roline Ginez-Jabalde found Pemberton guilty for killing Laude and was sentenced to face imprisonment from six to 12 years. He was also ordered to pay P50,000 as civil indemnity and P4.32 million to Laude’s family as damages for loss of earning capacity.

The accused was also ordered to pay P155,255 as reimbursement for the wake and burial of the victim, P50,000 for moral damages and P30,000 for exemplary damages. He is detained at a special military facility in Camp Aguinaldo. DMS