Filipina Trans Woman's Alleged U.S. Marine Murderer Granted Trial Suspension

During the 60-day delay, Filipino advocates have high hopes for a review of the Visiting Forces Agreement, which has allowed the U.S. to remain involved in U.S. Marine Joseph Scott Pemberton's custody.

After being charged earlier this month with murdering transgender Filipina national Jennifer Laude, U.S. Marine Private First Class Joseph Scott Pemberton knew the days before he would face a Philippine court were few — too few, according to the 19-year-old alleged killer.

This month, Pemberton filed a motion with the Department of Justice to defer his trial proceedings for 60 days so that he and his counsel could review his murder indictment, reports the Turkish Press. On Thursday he learned that, much to the ire of the slain 26-year-old woman's family and loved ones, his request was granted.

The Philippine government, however, remains sure that justice for Laude will ultimately be reached.

“We have to follow it because it’s the legal process and the process is one of the rights of the accused," spokesperson Herminio Coloma Jr. explained to Filipino news outlet Philstar. “It’s the intention of this government to ensure that justice is served and within the timeframe set under the [Visiting Forces Agreement]."

The trial suspension may be an attempt by Pemberton's counsel to delay the trial past its one-year expiration date, which has been set by the Visiting Forces Agreement between the U.S. and Philippine military forces. This, along with a lack of clarity over whether the U.S. or the Philippines should retain custody of Pemberton, has placed pressure on officials to review the agreement's terms.

The VFA, signed earlier this year, allows for the increased rotations of troops, ships, and other U.S. military assets through bases in the Philippines. However, when Laude was found October 11, strangled in an Olangapo City hotel room shortly after Pemberton — who was stationed with the U.S. Marines for military training exercises — was allegedly seen entering with her and leaving alone shortly thereafter, advocates began calling for the VFA to be cancelled.

At the same time, Pemberton was quickly charged with murder by U.S. officials, but Phillipine authorities demanded he be turned over to their custody. After initially refusing, in late October the U.S. agreed to have Pemberton held in the Phillipines under joint custody in a modfied shipping container on a military base in Manila, guarded by both Phillipine and U.S. sentries.

Many Philippine advocates have argued that the Visiting Forces Agreement, as well as the U.S.'s continued involvement in Pemberton's custody, is not in the best interest of Filipino citizens, but rather is meant to protect the U.S.'s military goals. Phlippine president Benigno Aquino III, however, has lauded the U.S. for its conduct in the Pemberton case, telling the Wall Street Journal that the U.S. has "respond[ed] to our needs and our sensitivities."

But as Pemberton's case carries on, the Philippine government has faced increased pressure and need to review the terms of the VFA. This week, Justice Secretary Leila de Lima came forward to say that there are "vague provisions" in the VFA that make Pemberton's case an "inevitable and recurring problem" if they are not addressed, particularly in relation to custody and detention.

“One of the problems is until now, the implementing guidelines have not been completed," she explained to the Manila Standard, referring to negotiations begun prior to Laude's murder. "We tried working on it for two years or more, but there are certain aspects where both sides couldn’t agree."

Currently, Philippine authorities are arguing that under Article V Paragraph 6 of the VFA, the "extraordinary circumstances" of Laude's murder justify Pemberton remaining in Philippine custody. But the VFA's vagueness, Lima admits, ultimately means that the U.S. is not beholden to cede Pemberton to Philippine authority, despite the fact that he is awaiting trial in a Manila court.