UPDATED::U.S. Marine Claims 'Trans Panic' in Murder of Trans Filipina Jennifer Laude | Advocate.com

UPDATE::  U.S. Marine convicted of killing transgender Filipino files appeal

A U.S. Marine has asked a Philippine court to reverse his conviction in the killing of a transgender Filipino and sought a bail and a reduction of his six to 12-year jail term.

Attorney Rowena Garcia-Flores said she would insist that her client, Lance Cpl. Joseph Scott Pemberton, did not kill Jennifer Laude in a motel room after they met in a disco bar in October 2014 and that his sentence should be eased because he surrendered to authorities.

In December a judge convicted Pemberton of homicide, not the more serious charge of murder as prosecutors sought — and sentenced him to a lighter jail term than what the victim’s family sought.

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U.S. Marine Joseph Scott Pemberton admitted in a Philippine court Monday that he strangled transgender woman Jennifer Laude to death inside a motel room near Manila last October, Al Jazeera reports.

Reports from inside the courtroom indicate that Pemberton is advancing a "trans panic" defense, claiming that upon discovering the 26-year-old Laude to be a transgender woman, the 19-year-old Marine "feared he would be raped," according to Al Jazeera. That fear prompted Pemberton to fly into a violent rage, manually strangling Laude before dragging her lifeless body into the bathroom, according to tweets from Harry Roque, the attorney representing Laude's family.

U.S. Marine Claims 'Trans Panic' in Murder of Trans Filipina Jennifer Laude | Advocate.com

UPDATE::Philippine Government Charges U.S. Marine With Murder of Trans Woman | Advocate.com

U.S. Marine Private First Class Joseph Scott Pemberton was formally charged with murder by the Phillipine government today for the death of 26-year-old trans Filipina woman Jennifer Laude, reports the Associated Press.

Earlier this week, the Philippine government completed its investigation into Laude's murder, partly relying on closed-circuit television footage, according to the New York Times. Pemberton's charges were successfully argued as "murder" by chief prosecutor Emiline de los Santos due to their aggravated violence, rather than the lesser charge of "homicide."

"There was aggravated treachery, abuse of superior strength, and cruelty," de los Santos explained to the Times. "You can see the cruelty she endured, the injries she sustained. We believe we have a strong case."

Pemberton, 19, now faces up to 40 years in prison if convicted. He will face the decision of a Phillipine judge, as there is no jury system in the Phillipines. He is currently being held in a modfied shipping container on a military base in Manila, guarded by both Phillipine and U.S. sentries.

Philippine Government Charges U.S. Marine With Murder of Trans Woman | Advocate.com

UPDATE::Custody Of U.S. Marine Suspected Of Killing Transgender Filipino Woman Transferred To Philippine Military - The New Civil Rights Movement

Nineteen-year-old Private Joseph Pemberton (left) has been identified as the chief suspect in the murder of a 26-year-old transgender Filipino woman, Jennifer Laude Sueselbeck. (below right) Time Magazine is reporting that Private Pemberton has been taken by helicopter from the USS Peleliu where he was being detained, to Camp Aguinaldo, military headquarters of the Armed Forces of the Philippines, in Manila.
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The Marines quickly detained a suspect, Private Joseph Pemberton of the 2nd Battalion, 9th Marines, out of Camp Lejeune, North Carolina. Private Pemberton was held aboard the USS Peleliu, which was in the Philippines for joint war exercises with the Philippine military. They also detained three Marine who were witnesses.
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Sensitive to the mood of the country, the Marines have now worked out a compromise, transferring Private Pemberton to an air-conditioned van inside Camp Aguinaldo. The vehicle will still be guarded by U.S. forces, but the perimeter will be will be located inside a fenced-off portion of the camp guarded by Philippine personnel.

Custody Of U.S. Marine Suspected Of Killing Transgender Filipino Woman Transferred To Philippine Military - The New Civil Rights Movement

U.S. Marine Charged with Murder of Trans Filipina Woman | Advocate.com

Joseph Scott Pemberton, a U.S. Marine, was formally charged with murder today for the fatal strangulation of 26-year-old Jennifer Laude Sueselbeck, a transgender Filipina woman.

The crime was allegedly committed while Pemberton was stationed in the Philippines for Marine training exercises. Military sources had concealed Pemberton's name until he was formally charged today.

Earlier this week, Filipino human rights advocates and elected officials demanded Pemberton be turned over to local Philippine authorities, but Reuters reported yesterday that he would remain in U.S. custody. The decision was disparaged by Filipino human rights activists.

"Under the Visiting Forces Agreement, the custody of the erring soldiers stays with Americans," Philippine General Gregorio Catapang said in a statement yesterday after meeting with U.S. Pacific Command officials. However, the Philippines still have criminal jurisdiction and could try the suspect in local courts, Catapang noted.

U.S. Marine Charged with Murder of Trans Filipina Woman | Advocate.com