Pemberton counsel could be preparing to go straight to trial – prosecutor

The investigation into the alleged killing of Filipino transgender Jeffrey "Jennifer" Laude by US Marine PFC Joseph Scott Pemberton could end soon, with the case then proceeding to trial, if the American serviceman's legal counsel chooses not to submit their counter-affidavit during the preliminary investigation.

 

"Maybe they [the defense] are thinking, or their strategy is, [they] will just present it (counter-affidavit) in court. So, they are now prepared for his defense in court," Olongapo City prosecutor Emilie Fe delos Santos explained.

 

The purpose of the preliminary investigation is to determine “whether there is sufficient ground to engender a well-founded belief that a crime has been committed and the respondent is probably guilty thereof, and should be held for trial,” according to the Revised Rules of Criminal Procedure approved by Supreme Court and in effect since December 1, 2000.

 

Pemberton's lawyers were told Tuesday that the deadline for the submission of their counter-affidavit was on October 27. They were also advised to present their client on that date. 

 

Among those present during Tuesday's two-hour session at the Olongapo City Prosecutor's Office, that marked the start of the preliminary investigation, were representatives of the US Navy, private prosecutor Harry Roque (representing the Laude family), and some of the witnesses, including “Barbie” who identified Pemberton as Laude's companion at the Celzone Lodge.

 

“Barbie” is in the custody of the Department of Justice under the Witness Protection Program.

Pemberton was represented by Rowena Garcia-Flores of the Angara, Abello, Concepcion, Regala, and Cruz Law Offices of Accralaw.

 

Pemberton's appearance is optional

 

Delos Santos said defense counsel had the option not to respond to the murder charge during the preliminary hearing phase of the case. The appearance of Pemberton was also optional, she added.

 

The prosecutor explained that the submission of a counter-affidavit by the defense could reveal elements of their strategy and so Pemberton's counsel might exercise their prerogative not to submit a counter-affidavit and thus keep their strategy hidden.

 

"In all cases, not only in this case, 'pag lumutang ang abogado sa counter-affidavit at magaling ka na imbestigador, alam mo na ang depensa. Secret muna siguro kung ano ang depensa nila. That is their prerogative," Delos Santos said. 

 

The criminal procedure rules provide that “(i)f the respondent cannot be subpoenaed, or if subpoenaed, does not submit counter-affidavits... the investigating officer shall resolve the complaint based on the evidence presented by the complainant.” Olongapo prosecutors could end their investigation at that point.

 

Those same rules also provide that "(w)ithin ten (10) days after the investigation, the investigating officer shall determine whether or not there is sufficient ground to hold the respondent for trial." Then within five days after the resolution is certified under oath, the prosecutors must file that resolution before the court.

 

Given the timeline expressly provided in the SC's rules on criminal procedure, the Laude case could reach the trial court by mid- or late November.

 

The duration of the preliminary investigation also depends on time needed to produce evidence and by agreement of the parties involved.

 

"We don't have to make haste," she said, noting that the panel is still waiting for the results of the forensic investigation.

 

Ground rules

 

Meanwhile, delos Santos laid down some of the ground rules that would govern the working relationship between the government's prosecution panel and the private prosecutor. She made clear that the government's lawyers would take the lead.

 

"The public prosecution has direct control of the case… Only the civil aspect of the case can be covered by Atty. Roque," she said. 

 

The prosecution panel headed by Delos Santos has four members: Assistant Chief Prosecutors Laurence Taliping, Rommel Baligod, and Ria Niña Sususko, and State Prosecutor Nolibien Quiambao.

 

The panel has scheduled an ocular inspection of the Celzone Lodge on November 5. Also for ocular inspection on the same date is the Ambyanz Bar where Laude and Pemberton met before going to the lodge.