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U.S. Marine convicted of killing Filipina transgender woman files appeal

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The lawyer representing a US Marine found guilty of killing a transgender Filipina filed an appeal on Wednesday seeking to reverse his conviction.

Lance Corporal Joseph Scott Pemberton was convicted of homicide last month by a Philippine court, in a case that reignited long-simmering anti-American sentiment in the former US colony.

The American's lawyer Rowena Garcia-Flores also filed a separate motion seeking a reduced sentence for the marine in the event that the acquittal is not granted.

"Of course, we want an acquittal but what is the likelihood the court will grant that?" she told AFP.

Pemberton met the transgender Filipina Jennifer Laude in October 2014 in a bar in the city of Olongapo, 79 kilometres (50 miles) northwest of Manila, after the marine took part in a joint US-Philippine military exercise.

During the trial, the court heard that Pemberton and Laude agreed to have sex after meeting in Olongapo's red light district, but that the drunken marine turned violent when he discovered Laude still had male genitals.

He acted out of "passion and obfuscation", the court said, adding that "in the heat of passion, he arm-locked the deceased, and dunked his (her) head in the toilet".

A Filipina protester demands that US Marine Joseph Scott Pemberton serve his prison sentence in a na...
A Filipina protester demands that US Marine Joseph Scott Pemberton serve his prison sentence in a national penitentiary, during a rally outside a naval base near Manila, in December 2015
Jay Directo, AFP

Pemberton was sentenced to six to 12 years in jail and is being held in a cell in the country's military headquarters in Manila.

If Pemberton's conviction is upheld, his attorney said the case could be raised to a higher court.

Pemberton's homicide conviction is the first under a visiting forces agreement between the two countries signed in 1998, covering the legal liability of US troops taking part in military operations in the Philippines.

The lawyer representing a US Marine found guilty of killing a transgender Filipina filed an appeal on Wednesday seeking to reverse his conviction.

Lance Corporal Joseph Scott Pemberton was convicted of homicide last month by a Philippine court, in a case that reignited long-simmering anti-American sentiment in the former US colony.

The American’s lawyer Rowena Garcia-Flores also filed a separate motion seeking a reduced sentence for the marine in the event that the acquittal is not granted.

“Of course, we want an acquittal but what is the likelihood the court will grant that?” she told AFP.

Pemberton met the transgender Filipina Jennifer Laude in October 2014 in a bar in the city of Olongapo, 79 kilometres (50 miles) northwest of Manila, after the marine took part in a joint US-Philippine military exercise.

During the trial, the court heard that Pemberton and Laude agreed to have sex after meeting in Olongapo’s red light district, but that the drunken marine turned violent when he discovered Laude still had male genitals.

He acted out of “passion and obfuscation”, the court said, adding that “in the heat of passion, he arm-locked the deceased, and dunked his (her) head in the toilet”.

A Filipina protester demands that US Marine Joseph Scott Pemberton serve his prison sentence in a na...

A Filipina protester demands that US Marine Joseph Scott Pemberton serve his prison sentence in a national penitentiary, during a rally outside a naval base near Manila, in December 2015
Jay Directo, AFP

Pemberton was sentenced to six to 12 years in jail and is being held in a cell in the country’s military headquarters in Manila.

If Pemberton’s conviction is upheld, his attorney said the case could be raised to a higher court.

Pemberton’s homicide conviction is the first under a visiting forces agreement between the two countries signed in 1998, covering the legal liability of US troops taking part in military operations in the Philippines.

AFP
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