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Pemberton thought we were women, says 'Barbie'

MANILA - One of the prime witnesses in the death of Jennifer Laude said Private First Class Joseph Scott Pemberton believed they were real women, fueling fears that what happened was a hate crime against a transgender.

During the hearing at the Senate on the impact of the Visiting Forces Agreement (VFA), Association of Transgender People of the Philippines board member Dindi Tan asked "Barbie," who is also known as Mark Clarence Gelviro, if the alleged suspect ever noticed they were transgenders.

Barbie, who accompanied Laude to the motel where the latter was later found dead, said: “Ang alam po ni Pemberton, kami po ay mga totoong babae.”

Barbie was among those invited by Senator Miriam Defensor Santiago to the Senate on Wednesday morning to shed light on the crime and assess its impact on the judicial system vis-à-vis the Visiting Forces Agreement (VFA).

Barbie alleged that Pemberton, whom she recognized in pictures as the one who was last seen with Laude, was already somewhat drunk when they met him at the bar.

“I escorted Jennifer at the Celzone Lodge [from the bar]. The three of us went inside the room. I even told Pemberton, ‘you make sure my friend is safe,’” Barbie said.

She said she left the room after about 5 to 10 minutes and went up to another room after meeting another person at the motel.

She said that after 30 minutes or so, the cashier went up to her room to inform her that Jennifer seemed to “have fainted.”

The cashier, Elias Galamos, explained he saw Pemberton leave the room unlocked. Galamos then immediately checked on the situation of Jennifer.

Galamos noted he first noticed a shoe near the comfort room, which was closed. He thought then that Jennifer may just be using the comfort room.

After 30 minutes, Galamos said he again entered Jennifer’s room and checked the comfort room. There, he said he found Jennifer slumped on the toilet bowl.

Members of the police present during the Senate hearing said the complete forensic examination results will be out in three weeks and will be submitted to the prosecution.

Crime lab officials said they initially found two used condoms, one of which had “fresh semenal fluid and fecal matter,” while the other had none.

“Mukha ba siyang bugbog sarado?” Santiago asked. The police answered, “Yes.”

MIRIAM: PEMBERTON, LAUDE HAD ANAL SEX

In a separate press conference, Santiago said the crime can already be characterized as “cold-blooded murder” and not just merely homicide.

She said the killing of Laude can be called “extreme cruelty.”

"It’s puzzling because, first of all, because of the fecal matter in the condom, it appears they had anal sex. Mukhang tanggap niya na lalaki ang kasama niya. Tapos ang pangalawa, wala na yatang laman ang condom kaya mukhang hindi natupad. Kaya hindi natin maintindihan ngayon kung bakit ganoon na lang ang galit niya, kung ‘di dahil lasing siya," Santiago said.

Tan, who was asked to comment on the issue, said “the manner by which she was killed characterized the brutal and ruthless act… rendering the victim powerless and lifeless.”

Tan, also a transgender woman, said hate crimes have reached “a critical mass” over the past few years.

Members of militant groups added the issue also revolves around crimes committed by American soldiers against Filipinos which are kept under wraps due partly to the VFA.

“Hearing the police story, it’s like a déjà vu to us,” said Cristina Palabay of Karapatan. She said the group has recorded crimes by American soldiers since 2002 ranging from rape to indiscriminate firing.

She cited the case of Gregan Cardeno, who was tapped as an interpreter for US troops in Marawi City but was found dead only days later.

The police alleged Gregan committed suicide, but "his injuries showed torture," Palabay alleged.

She asked the Senate to reopen various cases committed by US soldiers and push for the prosecution of the cases.

The militants asked the Senate to abrogate the VFA, which they said was “an insult to the Philippines’ sovereignty.”

Earlier in the hearing, Santiago said: “The failure to produce the body of Marine Joseph Scott Pemberton before the Olongapo City prosecutor is already an indication that the U.S. is not in good faith, a reflection of the lopsided attitude of the VFA.”