A U.S. Marine accused of murder in the Philippines will remain in U.S. custody.
Officials at the U.S. Embassy in Manila said the country will maintain custody of Pfc. Joseph Scott Pemberton under provisions of the Visiting Forces Agreement, a document that sets rules and rights for U.S. military presence in the Philippines.
"The VFA states that the United States has the right to retain custody of a suspect from the commission of the alleged offense until completion of all judicial proceedings. Pemberton is being held at a Philippine military base, Camp Aguinaldo, under guard of U.S. military personnel, with perimeter security provided by the Armed Forces of the Philippines," the embassy said in a statement.
Pemberton, an anti-tank missileman with 2nd Battalion, 9th Marines based at Camp Lejeune, North Carolina, has been in U.S. military custody since October following the alleged slaying of Jennifer Laude, a transgender woman whose former name was Jeffrey, in an Olongapo city hotel room. On Monday, Philippine prosecutors charged Pemberton with murder.
The embassy said U.S. officials will cooperate with the Philippine government in the case.
"The United States will continue to work closely with the Philippine government to help ensure justice is served and the rights of all persons are protected. This includes making the suspect available for all appearances required by the Philippine judicial system," the embassy's statement said.
The embassy has a history of keeping custody of American military personnel accused of crimes in the Philippines. In 2005, Lance Cpl. Daniel Smith was found guilty of raping a woman and was kept at the embassy until his conviction was overturned by appeal even though a judge ordered him released to local authorities. That case, like this one, sparked local criticism of the VFA.
