MANILA - Philippine prosecutors on Monday charged a US Marine with murder over the death of a Filipino transgender woman, in a case that has fanned anti-American sentiment and tested close military ties.
Private First Class Joseph Scott Pemberton used "treachery, abuse of superior authority and cruelty" against his alleged victim, lead prosecutor Emilie Fe delos Santos said as she announced the charge.
"We believe we have a strong case," delos Santos told a nationally televised briefing.
Pemberton will not be allowed to post bail, she said. Murder is punishable by up to 40 years in jail.
Jennifer Laude, a 26-year-old transgender woman also known as Jeffrey, was found dead on October 12 in a cheap hotel in a red light district of the port city of Olongapo.
Pemberton, who had just finished taking part 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 charge sheet against Pemberton released on Monday detailed what the prosecutors said was an unprovoked and relentless attack against a defenceless victim.
"Respondent Pemberton choked Jennifer from behind. Obviously, in that position, Jennifer was deprived of the opportunity to defend herself," the six-member prosecutors panel said in the charge sheet.
"Undeniably, respondent (Pemberton) made sure that Jennifer was dead. He did not stop at badly beating her up and choking her, he made sure she suffered to her death.
"He deliberately and repeatedly plunged her head down the toilet until she breathed her last." Pemberton, aged 19 at the time of the death, had asked via his lawyer to downgrade the murder charge to homicide, which carries a maximum 20-year prison term.
He has made no other comment on the case.
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A US Marine accused of murdering a transgender person in the Philippines snubbed a summons by prosecutors Tuesday, sparking outrage by the victim's family who said they feared he would evade justice.
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Private First Class Joseph Scott Pemberton failed to appear at a preliminary murder hearing to answer a Filipino police complaint naming him as the suspect in the killing in the northern port city of Olongapo.
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"We hope the Americans will bring him out. They're coddling a worthless man," Julita Laude, mother of the murder victim, told a news conference after the hearing.
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Police said Pemberton was the last person seen with the victim, Jeffrey Laude, before he was found dead in a hotel bathroom with his head in the toilet and marks of strangulation on his neck.
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Pemberton was detained by his superiors aboard the helicopter carrier USS Peleliu off Olongapo.
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But after Pemberton failed to appear before the hearing, Laude's sister expressed concern over whether he would be brought to justice.
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"Who will catch him? Who can we turn to to make him pay?" Malou Laude said.
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If the decision were his to make, German Marc Sueselbeck said the American soldier who allegedly killed his girlfriend, Jeffrey "Jennifer" Laude, would get the death penalty.
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Laude, whom Sueselbeck planned to marry in Thailand next year, was found dead in the bathroom of a motel in this city on Saturday night.
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Sueselbeck and Laude met online and were in a relationship for two years.
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A murder complaint was filed on Wednesday by Laude's family against Pvt. 1st Class Joseph Scott Pemberton of the United States Marine Corps, who witnesses said checked into the motel with Laude that night.
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The family has yet to announce burial plans for Laude.
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Sueselbeck, in a statement posted by a television network on its website, said Laude's family knew about and had accepted their relationship.
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He also lamented that Laude was disrespected. He vouched for Laude's integrity, saying she was not a thief and not a sex worker.
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However the USS Peleliu may be staying longer as one of the US marines aboard became the main suspect in the murder of a Filipino transgender resident in Olongapo on the weekend.
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Philippine military chief of staff General Gregorio Catapang (L) shakes hands with US Pacific Command commander (USPACOM) Admiral Samuel Locklear (R) during the arrival honours ceremony prior to their meeting at the military headquarters in Manila
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Protesters demanding a US marine believed responsible for the murder of a Filipina transgender perso be turned over to Philippine custody.
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The Phlippine Department of Foreign Affairs said it would only seek the turnover of the American after a formal arrest warrant is issued for him.
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Police block protesters as they march towards the gate of the US embassy as they shout anti-US slogans at a rally at the US embassy in Manila
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Protesters hold placards during a rally to condemn the murder of a local transgender person in front of the foreign affairs office in Manila
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Filipino students holding candles stand next to a grafitti during a candlelight vigil for a murdered local transgender person in front of a university in campus in Manila
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An Australian chef killed his Indonesian wife in their Brisbane apartment, cooked her body parts over the stove and then slit his own throat in a grisly murder-suicide on Oct 5.
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It was reported that police arrived to investigate complaints from neighbours of a terrible smell coming from an apartment unit.
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When they arrived, police found some parts of Ms Mayang Prasetyo's body cooked up on a stove.
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The authorities also found other parts of her body strewn across the apartment and in garbage bins outside, The Straits Times reported.
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Her husband and killer, Marcus Volke, reportedly fled the unit when officers arrived, before taking his own life.
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Australian news website news.com.au reported that Ms Mayang was a transsexual "high class" prostitute.
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She was charging up to A$500 (S$558) an hour for her services, and had also worked at Melbourne's transgender cabaret show Le Femme Garcon before settling in Brisbane with her husband, according to reports.
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Ms Mayang's mother Nining Sukarni said that she had been the family's breadwinner and had sent money home to put her two sisters, aged 18 and 15, through school.
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She referred to Ms Mayang as her son, Febri.
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The Courier-Mail also reported that Volke's mother, Dorothy, did not suspect that anything was amiss and that everything seemed 'normal'.
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Ms Mayang's mother described Volke as "quiet" and "submissive".
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But Mayang's friends had raised concerns that her husband was "extremely cold" and difficult to get to know.
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Outcry
Laude's death sparked street protests in the Philippines, a former US colony that gained independence in 1946 but has retained a close alliance.
An enduring US military presence since the independence has been a constant source of anger for vocal and powerful American critics.
The United States was forced to close down two major military bases in 1992, after the Philippine Senate bowed to anti-US sentiment and refused to renew their leases.
However the allies in 1998 signed a Visiting Forces Agreement that allowed US troops to take part in war games on Philippine soil.
Military exercises involving thousands of US soldiers have since taken place each year.
In March a new agreement was signed to allow a greater US troop presence in the Philippines, including more exercises and the building of new facilities.
This was part of US President Barack Obama's so-called pivot to Asia.
Philippine President Benigno Aquino had courted a greater US presence in an effort to counter perceived rising Chinese aggression in a long-running territorial dispute in the South China Sea.
But the agreement signed in March has not been implemented, while the Philippine Supreme Court deliberates on a challenge to its legality.
Anti-American groups have used the Pemberton case to rally support for their opposition to the expanded military agreement.
Aquino has said the Pemberton case should not sour relations with the United States.
However the case has thrown a spotlight on controversial provisions of the 1998 agreement, particularly one that allows the US government to retain custody of American suspects even while in the Philippines.
A public outcry pressured the Philippine government to secure the transfer of Pemberton from a US warship to military headquarters in Manila.
But even while at the military headquarters, Pemberton has remained under official US custody and he has refused to attend any court hearings.
Following Monday's filing of charges, the local court which has jurisdiction over the case will decide whether there are enough grounds for Pemberton to stand trial.
There is no timetable for this process, and even simple cases take many years to complete in the Philippines' overwhelmed justice system.
Philippine foreign affairs spokesman Charles Jose called for a "swift" trial.
Laude's relatives and lawyers welcomed Monday's announcement, but said they would remain on high alert to ensure there was no special treatment for Pemberton.
"This is not over yet. We don't have justice until Pemberton is jailed for life," the victim's sister, Marilou Laude, told reporters.
The US embassy had no comment on the Pemberton case on Monday.