Pemberton asks court to grant him bail

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Lance Corporal Joseph Scott Pemberton's lawyers said their client should be granted bail since he is not a flight risk and that his superiors will no doubt deliver him to court when required.

Metro Manila (CNN Philippines) — U.S. Marine Lance Cpl. Joseph Scott Pemberton is asking Branch 74 of the Olongapo City Regional Trial Court (RTC) to grant him bail.

In a 77-page omnibus motion filed on Wednesday (December 16), Pemberton's lawyers said the court could grant bail to a person convicted of homicide or any crime with a penalty of reclusion temporal.

On December 1, the court handed down a guilty verdict for homicide against the U.S. serviceman for killing Filipino transgender woman Jennifer Laude.

Pemberton's lawyers said their client should be granted bail since he would not be a flight risk and that his superiors would no doubt deliver him to court when required.

They explain the US government abided by court processes since Pemberton's trial began.

Americans summoned by the prosecution--fingerprint expert, DNA expert, as well flew in so they could testify.

Pemberton's military buddies who were with him the night he met Jennifer were also sent back to the Philippines when it was their time to take the stand.

His lawyers also pointed out that their client would not be a danger to society.

They said testimonies of his mother Lisa and his colleagues had shown Pemberton to be a person of good moral character.

Pemberton wants court to reverse its decision

More than the bail, Pemberton would also want the court to reverse his conviction.

His lawyers said the wrongful conviction of their client would not only deprive Pemberton of his liberty but also his future.

They argued that the court failed to appreciate evidence showing another person killed Laude after Pemberton had left her.

They also said that the court was wrong in ruling that Pemberton's statement to his military buddy Jairn Rose, that Pemberton "killed a he or she" constitutes an admission of guilt.

They explained that Pemberton never made such admission but merely told Rose he did not know what happened to Laude after he left.

Pemberton and Laude got a room at the Celzone Lodge after a night of drinking on October 11 last year. Laude's dead body was discovered in the same room that night.

In the same motion, Pemberton's lawyers also said the damages awarded to the victim's family were excessive and without basis.

The court awarded the Laude family about P4.3 million in damages by way of unearned income.

Pemberton also asked the court to clarify the precise penalty to be imposed on him.

In its ruling, the court sentenced Pemberton to imprisonment of six to 12 years.

But according to his lawyers, the maximum should only be 10 years, considering the mitigating circumstances present in Pemberton's case.