OLONGAPO CITY - A
US Marine accused of killing a transgender woman in the Philippines said there
was no basis to charge him with murder, his lawyer told state prosecutors on
Monday, in the latest development in the politically charged case.
Private First Class
Joseph Scott Pemberton, who is detained at the Philippines' military
headquarters in Manila, did not attend the preliminary hearing in Olongapo, but
his lawyer filed a motion to "declare the absence of probable cause for
murder or any other crime".
If prosecutors
elevate the case to court, Pemberton asked that the murder charge be reduced to
homicide, his lawyer Rowena Flores, said. Murder carries a maximum penalty of
life in prison while the maximum penalty for homicide is 20 years.
Jennifer Laude, a
26-year-old transgender woman, was found lifeless on October 12 in a cheap
hotel in the northern city of Olongapo half naked in a bathroom with strangle
marks on her neck, according to police.
The cause of death
was "asphyxia by drowning", police said.
Pemberton, who had
just finished participating in US-Philippine military exercises near Olongapo,
had checked into the hotel with Laude and was the last person seen with her,
police said.
The head of the
preliminary investigation rejected Pemberton's pleas Monday.
"We will rule
on probable cause after we complete the process. Don't teach us what to
do," chief prosecutor Fe de los Santos told Pemberton's lawyer.
"The bottom
line is we will go on with the preliminary investigation," she said.
Next week state
prosecutors will inspect the Olongapo night club and hotel where Pemberton and
Laude were seen on the night of the murder, de los Santos added.
During the
televised hearing on Monday, Laude's mother asked prosecutors to allow her to
see Pemberton in detention but de los Santos disagreed.
A spokesperson for
the US Embassy in Manila was not available for comment.
Laude's murder has
renewed anti-US sentiment in the former American colony sparking street
protests in Manila.
On Monday, some 50
protesters held a rally near a government building where the hearing was held.
The incident also
revived calls to review a 1998 agreement that governs joint exercises between
Philippine and American forces.
On Friday,
Philippine Foreign Secretary Albert del Rosario said the implementation of the
agreement was being reviewed but it would not be renegotiated.
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