DECISION People vs. LIGPL Joseph Scott Pemberton Crim, Case No. 865-14 5, Hematoma, periorbital region, 1.8x 0.5cm, 2cm from anterior midline; 6. Contusion, right zygomatic region, 6xSom, from anterior ; «midline; 7. Hematoma, left zygomatic region, 12.5omxtem, 6.2cm from the anterior midline; 8. Multiple abrasions, peri-oral region; 9. Hematoma, left peri-orbital region, 1.5x1om ; ‘10. Hematoma, buccal side of the upper lip, 0.8x0.5em; 14, Abrasions (bite marks) tip of the tongue, 42 Contusion, lower lip region, 4x 0.5¢m; Chest and Abdomen: 43, Grossly unremarkable esophagus and trachea! 14, Contused external portion of the right horn of the larynx: 415. Hematoma, upper inner portions of the larynx; 46. Enlarged right and left lungs: 17, Pressure mark, supra-stemal notch region, 1x 0.5om; 48. Pressure mark, right clavicular region, 1x0.5cm; 19. Multiple abrasions, right lumbar region, 20. Multiple abrasions, left gluteal region; 31. Grossly unremarkable intemal organs including the brain; Extremities: 22. Contusion on the right palm, 0.8x0.5cm; 23. Linear abrasion, middle third of the left forearm, 3x0.4em, 24, Abrasion, middle third of the left forearm, 0.6x0.Sem, 35. Abrasion, middle third of the left forearm, measuring 0.3x0.3em; 26. Multiple abrasions, middle third of right leg, 5.Sx2em" ‘and with cruelty by deliberately and inhumanly augmenting the suffering of said Jeffrey Serdoncillo y Laude alias “JENNIFER” that after having strangled and choked said Jeffrey Serdonciio Laude alias “JENNIFER’ until she “topped moving, drag her into the bathroom, slump her head ‘over the rim of the toilet, repeatedly push down and dunk her head irfside the toilet bowl, and drown her, which directly caused her death by ASPHYXIA DUE TO DROWNING AND STRANGULATION ‘All contrary to law, and with the qualifying-aggravating circumstances of treachery, taking advantage of superiorDECISION. People vs. L/CPL Joseph Scatt Pemberton Crim, Case No, 865-14 On October 11, 2014 Pemberton was in Subic Bay, Olongapo City, Philippines on board HSV WestPac Express as part of the regular military exercises between the governments of the United States of . America and the Republic of the Philippines‘. Pursuant to the Visiting Forces Agreement (VFA) entered into on February 10, 1998 between the Republic of the Philippines and the United States of America, particularly Article V, Section 1(a)°, it is the Philippine authorities which shall have jurisdiction over L/Cpl Joseph Scott Pemberton with respect to the crime of Murder for which he is charged The Information® for murder was filed on December 15, 2014 before the Regional Trial Court, Olongapo City.Zambales. The case was raffled to Regional Trial Court, Branch 74 Olongapo City, » Zambales on the same day, December 15,2014’. A warrant of arrest® was issued on December 16, 2014 against the accused. On December 19, 2014, L/Cpl Pemberton appeared before the Court to submit himself under its jurisdiction. LiCpl Pemberton is presently detained at Camp Aguinaldo pursuant to both countries’ treaty commitments under the “Agreement between the Government of the Republic of the Philippines and the Government of the United States of America regarding the Treatment of United States Armed Forces Visiting the Philippines” particularly Article V, Section 6, until completion of all judicial proceedings” In accordance thereto, L/Cpl Pemberton was committed" on ' December 19, 2014 at the Mutual Defense Board-Security Engagement Board Facility, JUSMAG Compound, Camp Aguinalco, Quezon City, Philippines pending the judicial proceedings. The United States Government faithfully complied with its undertaking to bring accused L/Cpl Pemberton to the trial court every time his presence was required. When arraighed, accused, assisted by his counsel, refused to plead; thus, a plea of not guilty was entered for him.'* During pre-trial, the parties stipulated and, thus, dispensed * proof on the following: zy Moy seeDECISION People vs. LICPL Joseph Scott Pemberton Crim, Cage No, 865-14 : Nowe 4. The identity of the accused as the same person charged and arraigned in the Information. "The body of the victim was found at Room No. 1, Celzone Lodge, Magsaysay Drive, Olongapo City. . Celzone Lodge and Ambyanz Night Life are both located along Ramon Magsaysay Drive, Barangay East Tapinac, Olongapo City. i 4, On 11 October 2014, accused L/Cpl Joseph Scott Pemberton was at the Subic Bay Freeport Zone 5, On 11 October 2014, accused L/Cpl Joseph Scott Pemberton * was assigned at HSV Westpac Express. . 4 . An ocular inspection was conducted by the panel of prosecutors with the private prosecutors (on) 05 November 2014. The front desk and Room No. 1 of the Cellzone Lodge are both located at its second floor. The U.S. NCIS submitted a report of their investigation,” 2 consisting of three volumes, a copy of which was furnished the counsel for accused. 9. Accused was 19 years of age on October 11, 2014. 40. Victim Jeffrey Laude (was born male and was 26 years of I . age) on 11 October 2014." 7 oe > ~ @ Thereafter, the parties agreed to terminate the pre-trial; thus; trial ensued. '* . @ é FACTS OF THE CASE | a In August 2013, LICpi Joseph Scott Pemberton joined the U.S. 4 Marine Corps to ‘help his family, to serve the military as well as his ; country.'*" On October 11, 2014, Pemberton was on board HSV j WestPac Express in Subic Bay, Olongapo City, Philippines as part $2 of the regular military exercises between the governments of the ” _ . United, States of America and the Republic of the Philippines’®. L/Cpl Joseph Scott Pemberton together with L/Cpl _ Jairn Michael Rose, L/Cpl Bennett Erik Dahl and Cpl Daniel Fabian Pulido were on "liberty" on October 11, 2014". “Liberty” means that ‘the marines have free time to do what they want, Liberty usually — ir and ends at midnight.” They left is : asDECISION People vs, L/CPL Joseph Scott Pemberton Crim, Case No. 865-14 x x WestPac Express at NSD Port, Subic Bay at about 3:00 p.m." and went, to Harbor Point Mall inside Subic Bay Freeport Zone (SBFZ) where they did their individual shopping’. They stayed in the mall until around 5:20 to 5:30 p.m*°. The liberty buddies composed of Pemberton, Rose, Dahl and Pulido left the mall and went to Ramon _ Magsaysay Drive, Olongapo City to get a massage*'. They were there at the massage parlor for an hour”. After they got a massage, they went bar hopping but it was at Willis Bar where they stayed for about three (3) hours’, All, the four liberty buddies drank beer, liquor and mixed drinks at Willis Bar and they got drunk *!. They left Willis Bar at 10:30 p.m. and went bar hopping again. ‘They only stayed about five (5) minutes in the next bar. Then they went to Ambyanz Nightlife®*. The four liberty buddies Pemberton, Rose, Dah and Pulido arrived at Ambyanz Nightlife at about 11:00 p.m.” Rose and Pulido met their respective partners at Ambyanz and went to a hotel and stayed there for about twenty (20) minutes and had sex’. Dahl stayed at Ambyanz Nightlife”. In the night of October 11, 2014, Mark Clarence Gelviro a.k.a Barbie and his friends Gorgeous and Charisse arrived at Ambyanz Nightlife at 9:00 p.m. while Jamille and Jeffrey Laude a.k.a. Jennifer Laude arrived at 10:00 p.m.2? They are all sex workers and were looking for date-customers that night’. Gelviro and Laude have long hair. Gelviro was wearing pants, chaleco and make up*’ while laud was dressed like'a school girl with plaid skirt, white blouse, knee high socks and high heeled shoes on that night”. Laude was carrying a bag and had money inside his bag amounting from Php10,000.00 to Php20,000,00™. At 10:55 p.m., four (4) Americans - who were later known as the liberty buddies Pemberton, Rose, Dahl and Pulido entered Ambyanz and Laude approached one of them (Pemberton) and offered sex. Laude and the American (Pemberton) agreed and after that Laude approached Gelviro and TSN, 29 May 2015, p. 16; 28 August 2015, p61 TSN, 19 May 2015, p16; 24 August 2015 p18. TSN, 19 May 2015p, 17; 24 aygust 2015, p. 18 TSN, 39 May 2015, p. 17 819; 26 august 2015p. 19, TSN, 19 May 2085, 1824 August 2085p. 29, TSN, 19 May 2025, p18 & 19; 24 august 2015, TSN 19 May 2035, p.28 24 August. 19,66 | BSN, 19 May 2035, 5DECISION People vs, LICPL Joseph Scott Pemberton Grim, Case No, 865-14 xe pulled him out of Ambyanz’ together with Pemberton®. Laude, Pemberton and Gelviro crossed the street and they went towards Celzone Lodge”? They went straight to the counter and Laude paid for the room’’. They were given room no. 1 located at the second floor of the lodge and Laude, Pemberton and Gelviro entered room no. 18. When they were inside the room, Laude asked Gelviro to leave because Pemberton might discover that they were not really women because he has no breast while Laude has a silicone breast. Before Gelviro left the room, he told Pemberton “you safe my friend" which means ‘to take care of his friend” and Pemberton replied “okay”. Gelviro later identified the American‘in a photo lineup as L/Cpl Joseph Scott Pemberton*!. Gelviro went out of | room no. 1 and proceeded to the ground floor of Celzone Lodge where he met a Filipino guy“. The guy asked him to go with him at room no. 5 located at the third floor of Celzone Lodge“* L/Cpl Pemberton and his liberty buddies arrived at Ambyanz Nightlife at 11:00 p.m.“ As he walked in, he was approached by two (2) women. They came up to Pemberton and asked him “kinda prett) bluntly if he wanna fuck’,“® Pemberton replied “Yes, sure” Pemberton described the two women to be “both pretty, with long hair; they were wearing dress and mini skirt. Both were clad in a revealing manner*’. These two women were later identified as Mark . Clarence Gelviro a.k.a, Barbie and Jeffrey Laude a.k.a. Jennifer Laude. Pemberton was excited as he had never been with two (2) women before. He was drunk and he was horny*®. After Pemberton agreed to have sex with the two women, the two women dragged him to a motel which turned out later on to be Celzone Lodge. “8 He noticed that one of the women talked to the receptionist. However, “he never saw an exchange of money", Pemberton, Laude and Gelviro were given room no. 1 of Celzone Lodge and they entered.*" A eee 75,24 Maren 2015.9. TSN, 2¢ Mah 2035, p10, 1 ga¥, 24 arch 2055, p10DECISION People vs, CPL Joseph Scott Pemberton 4 Crim, Case No. 865-14 i ak As they walked in, both-women turned to Pemberton and asked him for Phpt,000.00 each. Pemberton obliged and they gave them the money they demanded’. After Pemberton paid, “one of the women stepped in the bathroom.” “The other one stayed with: Pemberton, she took off her blouse, she pulled down Pemberton’s pants and gave him a head”®® or performed oral sex on him. The one who performed oral sex,on Pemberton was Laude.”” The one who went to the bathroom was Gelviro. Pemberton was “standing up and she was kneeling down: “Pemberton was watching” and his hands are on Laude’s head."** “Laude was jerking Pemberton up at the same time”? but Pemberton did not ejaculate.’ He “ndticed that Laude has no jewelry” on her hands. After a couple of minutes, Gelviro “came out of the toilet and the women switched places.” Laude then “stepped into the bathroom”®* and Gelviro performed oral sex on. Pemberton. “After a few minutes, Gelviro got up and asked Pemberton for money so that she could get more condoms.”* Pemberton told her he has condoms so Gelviro does not need to do that."®° However, “Gelviro kept on insisting.”©” While “Pemberton kept on saying ‘No’, Gelviro kept on reaching for Pemberton’s pants and - grabbed down his wallet.’ Pemberton “took his wallet and he pulled out P200.00 and gave it to Gelviro."®* After receiving the money; *Gelviro left the room.” When Gelviro left the room, Pemberton “finished getting undressed. He was naked and he laid down on the bed.” Pemberton had no jewelry, he was only wearing “just a watch.’ Laude came out from the bathroom with “a towel around her waist.” Laude then “started kissing his neck and chest.’ “Laude laid over Ms ‘TSN, 24 August 2015, p. 25. ‘TSN, 24 August 20 p26. ‘TSN, 24 August 2015¢p. 26,p. 81. 2015, p27.DECISION People vs, LICPL Joseph Scott Pemberton Grim, Gage No. 865-14. 7 x “x Pemberton sideways and gave Pemberton oral sex" for the second time.(°, "Laude continued for few minutes. After a few minutes, Pemberton went out to reach her vagina. Pemberton did not know but he felt, something weird. Pemberton felt Laude jerked away’” “her lower body and her legs."”” “Pemberton felt something that was not supposed to be there."”"Pemberton told Laude to get off from him" because “he figured that Laude was a dude on top of him"? Pemberton pushed Laude to stop the oral sex being performed on him." “After Pemberton pushed Laude off him, Pemberton moved to the edge of the bed"* ‘then Laude stood up and slapped Remberton on his face." Laude slapped Pemberton so hard that Pemberton's ear rang.** “After Laude slapped Pemberton the first time, Pemberton could already see that Laude is winding up to slap him again so Pemberton hit him first."®° “Pemberton and Laude started fighting _ after that and everything happened quickly."®° "Pemberton got his arm around Laude and they fell back on the bed. Pemberton just held Laude there until he realized that he was not moving."*” “Once Pemberton saw that Laude was not moving, he brought him to.the bathroom.”®® Pemberton wanted to wake Laude up" by using the water’ from the shower. However, the shower was not working.® Pemberton noticed’ that Laude's chest was ‘still rising and falling’*' and he “was still breathing". ®* Pemberton left Laude inside the bathroom. Laude was then naked and was not covered by a blanket or towel.®* Laude was not clutching a necklace or any piece of jewelry in his hand when Pemberton left him, On October 11, 2014 at 10:55 p.m., Elias A. Gallamos, Jr, Front Desk Attendant/Cashier/Receptionist/Bellboy of Celzone Lodge, Magsaysay Drive, Olongapo City attended to two (2) ‘bakla” (gay) persons named Jeffrey Laude a.k.a. Jennifer Laud ‘TSN, 24 August 2074p. 30, TSH, 2 agus 20186 20 ‘TSN, 24 August 2015, p. 32. TSN, 24 August 2015, p. 31. ‘TSN, 24 August 2035, p. 32. ‘TSN, 24 August 2035, p. 32. TSN, 24 August 2035, 0. 34, TSN, 24 August 2035, p. 33. P33,DECISION People vs. LICPL Joseph Soott Pemberton Crim, Case No. 865-14 Xe ceccc seen Mark Clarence Gelviro a.k.a. Barbie ahd Joseph Scott Pembertone*. They were looking for a room and he gave them room no. 1%. Gallamos went back to the receiving |area and attended the other customers”. A few minutes after, Gelviro went out of the room, left and later a up to room no. 5, thirdifloor of Ceizone Lodge with a Filipino guy. At 11:30 p.m., Gallamos saw Pemberton went out of room no. 1 and went downstairs. The door was slightly opened so Gallamos peeped inside the room™. The door of the toilet inside room no. 1 was closed and he saw a pair of sandals at the left side of the toilet’s door’. He thought there wes, ‘somebody taking a shower - inside the toilet so he closed the door’*. Nobody came olt of room no. 1, $0 he decided to knock at the door but nobody replied.“ He entered the room and asked the person inside the toilet “okay ke na” (are you done?) but nobody answered!. He then opened the toilets door and he saw Laude “na nakangudngod sa inidoro”, ( slumped into the.tollet bow) while his body, hands and legs were straight on the floor.“He did not touch Laude nor gave him a CPR (cardiopulmonary resuscitation) because he was scared’. Gallamos informed Jacinto Miraflor what he saw inside room no. 1 before he went up to room no. 5°. He informed Gelviro who wes at room no. 5, third floor of Celzone Lodge what happened to his friend Laude"”’. He said * your friend fainted/passed out’ and ne was slumped into the toilet bowl. Geiviro told him, ~ he will follow"'"®. Gelviro reached room no. after fifteen (15) minutes and he saw two polite officers inside the room’™’. He asked the police officers what happenes to his friend but he was told “you cannot enter because we were still investigating what happened to your friend™**. He however insisted in getting to rdom no. 1 and once inside, in front of the toilet, he saw his friend | Laude wrapped with 2 cream TSN, 23 March 2038, 9p. 56-57. TSN, 23 March 2038p. $8. ‘TSN, 23 March 2015, . 59. ‘TSN, 23 March 2025 pp. 55-62. ‘TSN, 23 March 2025, 964. ‘TSN, 23 March 2015, p. 66. | i oe os * XxDECISION People vs. LIGPL Joseph Scott Pemberton Crim, Case No. 865-14 xe own, his head was slumped anymore. ""? colored blanket from the breast area inside the toilet bowl and he has no i Gallamos went to Police Station 3 along Magsaysay Drive at about 12:05 a.m. to report the incident'’*. Before he went to the police station, he told Jacinto Miraflot of his plan to go to the police » station."®. He informed the police officer on, duty that he saw a person slumped into the toilet bowl inside the toilet of room no. 1; Celzone Lodge’"®. PO1 Pasamonte who first responded to the crime scene with PO2 Andrienne Orca heard Gallamos telling them that he saw an unconscious person inside the toilet’’”. PO2 Ric Quejado, the duty investigator of Police Station 3| also responded to the crime scene’"®. He saw a male person who was sitting down and his head was leaning on the “bukana/ bungangp” (mouth) of the toilet bow!"’®. He checked his pulse by holding his right wrist for about a minute but he had no pulse anymore and he was already cold’”°. He informed SPO3 Tyrone DP Tecson, Chief Investigator of Police Station 3 and told him that a dead person was found inside the toilet of room not. * Celzone Lodge and there ‘was a|need to call for SOCO assistance’, Marlon Benedict T. Baldueza, Philippine Red Cross Volunteer arrived with his team:in Celzone Lodge at 12:08 a.m. on October 12, 2014", | At 11:30 p.m. on October 11, 2014, liberty buddies Rose, Dahl and Pulido started looking for each bther because it was getting close to their curfew at midnight./2° Robe and Pulido found each other outside of the hotel they wereiniand they found Dahl on the street outside of Ambyanz Nightlife. “* The three liberty buddies Rose, Dah! and Pulido continued looking foriPemijerton down the street but they ” did not find him’, While they were dn the street, a girl came up to them and said "your friend came over here’.’?° Another person told the three liberty buddies “your friend killed my friend 727 Rose, Dahl and Pulido thereafter took a cab back to the NSD port and reached Her “TSN, 24 March 2035, pp.27- 18, “TSN, 23 March 2015, P. 73. TSN, 23 March 2025, P. 73. ‘TSN, 23 March 2025, p.73.DECISION People vs, LICPL Joseph Scott Pemberton Crim. Case No. 865-14 x HSV WestPac Express at around 12:1 other hand, Pemberton left roo! around 11:30 p.m.’ Pemberton took ship™ and he reached the ship esl Between 12:30 Pemberton called on Rose and told Pemberton told Rose that he thought ‘he killed a he/she’ Pemberton also.told Rose that he women, one (1) of them left and the undressed’®®. Pemberton saw that h female’. Pemberton got angry ant moving and then dragged him int Pemberton left and took a cab: Becilt the seaport’, Miller also talked to Corporal Christopher up bad”"®” because “he got into a fight unconscious.” lll, EVIDENCE OF THE PROSECU The evidence of the Prosecuti Jeffrey Laude spent the last thirty (30) Joseph Scott Pemberton. Gelviro ai Ambyanz Nightlife at about .10:50 p. Pemberton and he agreed. Laude as and Pemberton and the three (3) Ld a.m. to 12:20 a.m." On the no. 1 of Celzone Lodge at « cab and he went back to the t around 12:25 a.m. to 12:30: a.m. and 1:00 a.m. on October 12, 2014, im he wanted to talk to him. 12 got to the hotel with two (2) ther one (1) stayed and got had a penis and was not a choked him until he stopped the bathroom’. After that, ° Pemberton and told him that “he fucked and when he left, Laude was ION n showed that the deceased minutes of his life with L/Cpl d Laude met Pemberton at | m. Laude offered sex to ‘ed Gelviro to accompany him, lude, Gelviro and Pemberton went to Celzone Lodge to check-in. Front Desk Officer Elias A. Gallamos gave them room no. 1. TI Celzone Lodge, Magsaysay Drive, e three entered room no. 1 Dlongapo City at 10:55 p.m. Five(5) minutes later, Gelviro went out of room no. 1 and left. Only Laude and Pemberton were left insi le room no. 1. At 11:30 p.m.- Gallamos saw Pemberton left and went down the lodge. Gallamos entered room no. ind saw Laude the toilet bow! while his body, arms floor. Gelviro identified — L/Cpl Joss in a photo line-up as the Americar 8 SN, 19 May 2015, pp. 28-29, ae i nconscious and slumped into and legs were straight on the ph Scott Pemberton positively , whom Laude offered sex atDECISION People vs. LICPL Joseph Scott Pemberton Grim, Case No. 865-14 & | | Ambyanz Nighlife and who went with them to Celzone Lodge and also ‘the same American who cna with him and Laude at room no. 1 of Celzone Lodge on October 41, 2014". Gelviro also identified L/Cpl Joseph Scott Pemberton in open court as the person who was with Laude inside room no.\1, Celzone Lodge on October 41, 2014 from 40:55 p.m. until Gallamos found Laude unconscious incide the toilet of room no. 1. Gallamos likewise positively identified L/Cpl Joseph Scott Pemberton in open court as the person who checked in with Laude and Gelviro at room no 1, Celzone Lodge ond the same person who was left with Laude inside the same room * after Gelviro left the room and the last person who left room no. 7 before he saw Laude inside the tailet already unconscious and slumped into the toilet bowl. Pembertor's liberty buddies Roge, Dahi and Pulido all said that they (Rose, Dahl, Pulido and’ Pemberton) arrived at Ambyanz Nighlife at 10:50 p.m. They were separated because they met their respective sex partners. Rose and Pulido stayed inside the hotel for twenty (20) minutes while Dahl remained at Ambyanz Nightlife. Later, Rose Dahl and Pulido started looking for each other becaue® their liberty is almost up. They found each other in the street infront of ‘Ambyanz Nightlife and the hotel where Rose and Pulido checked in., They were all looking for Pemberton|but they did not find him. The thee (8) liberty buddies Rose, Dahl and Pulido decided te take @ ta back to their ship HSV WestPac| Express and arrived there at 12:10 a.m. Pemberton arrived shortly. ___ Pemberton’s confession to L/Cpl Jairn Michael Rose that ° he killed a he/she"*" and to Cpl Christopher Blain Miller that “he fucked up bad"? respectively. Duty Investigator PO2’ Ric Quejado and PO1 Pasamonte, responded to the time scene .“° Gallamos told PO1 Pasamonte that he saw Laude slumped in the tollet bqw! and unconscious, PO2 Ric Quejado and PO1 Pasamonte saw | Laude sitting down on the bathroom's floor of room no, 1. and his head was leaning on the Lukena/ bunganga” (mouth) of the] tollet bowl". PO2 Quejado held Laude's right wrist for a minute| and he found that he had no Ise anymore and he was already cold". aDECISION People vs. LICPL Joseph Scott Pemberton i Crim, Case No. 865-14 . i aX x Marlon Benedict T. Baldueza, Philippine Red Cross Volunteer, arrived with his team in Gelzone Lodge at 12:08 a.m. on October 12, 2014, They observed that Laude| was no longer breathing, unconscious, unresponsive and his Ce was absent. His lower lip was swollen and inflamed; his tongue was protruding; his upper body and arms were cold; and his |circulation was also absent His team entered “homicide” under ite box “ injury’. Their findings is contained in a document denominated as Pre-hospital Patient Care Report (PPCR) they prepared AM The investigator on case SPO$ Tyrone DP Tecsor stated in nis affidavit" that he witnessed| the picture line up process Conducted by NCIS Agent Brian Plait, NCIS Agent Maria Markley and investigator Ralfe Baligud where Gelviro positively identified and pinpointed at picture no. 3'8 as the person he and Laude met at Ambyanz Nightlife and the same person who checked-in with him err taude at room no. 1, Celzone Lodge prior to the killing of [aude After which, NCIS Agent Brian Platt, positively identified and, named the person depicted on picture no. 2" as Joseph Scott Pemberton, Private First Class, U.S. Marine Corps as the one pinpointed by Gilvero in the picture during the photo line-up. S0OCO Team Leader PINSP Edmmar Dela Torre, PO2 Jarlowe Cruz and Administrative Aide Roden Introlizo conducted a scene of the crime operation or investigation at room no. 1, Celzone Lodge. They started their investigation at 12/35 a.m., October 12, 2014 and released the crime scene at 10:00| a.m. on the same day. They found Laude inside the bathroom of foom no. 1 in a sitting position , while his head was leaning on the mouth of the toilet bowl, partially nakediwith only the lower part of his body covered with a blanket. Laude's hair, face and body were all wet as well as the bathroom’s wall and floor. Pictures'®' of the crime|scene and that of Laude inside the bathroom were taken by PO2|Cruz . Introlizo prepared a sketch'™ of the cffme scene. | __ Results of the Latent Prints Examination'®® by the U.S. Army Criminal Investigation Laboratory (USACIL) revealed that the black Kama Sutra brand condom wrapper, which was recovered from room 's floor next to the bathroom by NCIS Agent Maria Markley ined Pemberton's latent print. :