Thread: US marine in Subic Bay Ladyboy slaying identified

Originally Posted by PeeCoffee

The USMC .... will not allow this young man to plead temporary insanity (IMO).

Indeed, insanity defences are very hard to win, unless there is evidence of mental illness.

Originally Posted by The Ghost Of The Moog

Originally Posted by PeeCoffee

The USMC .... will not allow this young man to plead temporary insanity (IMO).

Indeed, insanity defences are very hard to win, unless there is evidence of mental illness.

That's not all that true, don't know flip laws, but irresistible urge, is a defense in many countries.
Temporary insanity, something pushes your button and you flip out, no premeditation or intent here.
Can't see a murder charge, manslaughter due to demised responsibly would be my call.
Wonder what I would have done in my younger days in that situation, may be not killed, but someone would need hospital treatment.

Originally Posted by jamescollister

Originally Posted by The Ghost Of The Moog

Originally Posted by PeeCoffee

The USMC .... will not allow this young man to plead temporary insanity (IMO).

Indeed, insanity defences are very hard to win, unless there is evidence of mental illness.

That's not all that true, don't know flip laws, but irresistible urge, is a defense in many countries.
Temporary insanity, something pushes your button and you flip out, no premeditation or intent here.
Can't see a murder charge, manslaughter due to demised responsibly would be my call.
Wonder what I would have done in my younger days in that situation, may be not killed, but someone would need hospital treatment.

I've spoken to one of Hong Kong's leading criminal barristers on precisely the topic of the insanity defence, at some length. He said it is a very tricky defence to run and there are many ways of the prosecution beating it.

Just being the kind of guy who goes nuts after a few beers and is up for a fight to the death with someone who gets his goat is not temporary insanity. That's just being an aggressive hothead.

You can call the “ladyboy” whatever you like. It’s just semantics and has no bearing on the case.

One fact of the matter is that a human being was killed.

A second fact is that a member of the United States Military is suspected of causing the death. I don’t know if he has been charged yet, I know he is confined. As he is a member of the US military on a deployment he should benefit from US Military provided legal services for his defense.

It is expected that he will be formally charged – but, with what; Murder, Manslaughter, Assault resulting in Death, Accidental Death?

As I've said before, I am not a lawyer and I don’t know if the following is true. Nor do I intend to put words in the suspects mouth, but, he could honestly say he was “disappointed” . So as far as defense, perhaps:

Crimes of Passion - Eight True Tales of the Dark Side of Love - Wikipilipinas: The Hip 'n Free Philippine Encyclopedia

Filipinos by tradition are passionate in love. They are romantic and have many customs about courtship and weddings, such as the harana or serenade, the pamamanhikan, and the paninilbihan. But this is just the sweet side of love. What happens when love is not answered, or worse, is betrayed? Many people will try to get over the pain. But a few will view the rejection as a humiliation and make it into such a major issue that cannot be resolved except by revenge.

In a “crime of passion”, a person commits a crime against a spouse or loved one, or another person, because of anger or heartbreak. When a person becomes very jealous or disappointed, it can produce such strong emotions that he cannot think rationally and may act on his impulses without thinking about the consequences. In many jurisdictions, mostly in Latin countries, the perpetrator of a crime of passion or “crime passionel” is usually acquitted because “he couldn’t help himself.” Because of this reasoning, the Philippine justice system considers “having acted upon an impulse so powerful as naturally to have produced passion or obfuscation” a circumstance that mitigates criminal liability. Not only that, but Article 247 of the Revised Penal Code expressly provides that if a person catches his spouse in flagrante delicto with another person and kills one or both of them as a consequence, he shall only suffer the penalty of destierro, or exile, and this only to protect him from the vengeance of the relatives of his victims. This provision, which makes the Philippines one of the few jurisdictions which recognize the “crime of passion” defense, is a holdover from the old Spanish Penal Code, which was in force in the Philippines from 1886 to 1930, a revised form of which became the Revised Penal Code of the Philippines.


Now, should he be found "not guilty" due to this being seen as a crime of passion, he will still face a US Courts Martial. There is no double jeopardy protection that I am aware of.

^ If he had been deeply in love with the ladyboy for 6 months and then found out he wasn't actually a she, your disappointment idea might fly but I reckon the passion in "crime of passion" means ardent love rather than short-time sexual lust.

Originally Posted by BKKBanger

Wow, there are some seriously prejudiced people around. The lady was transgendered but whether the German or his lady was on top or bottom or they took turns is up to the privacy of their bedroom, bathroom, barn

This "identity crisis" appears to be ongoing...

And the privacy issue has now become public because wee Jeffrey has allegedly fcked around and it has ended badly...I don't recall any specific positions mentioned, but it is par for the course in any sex related incident to be probed to death, regardless of the genders...

Funeral in Olongapo this afternoon.

Preliminary hearing resumes on Monday. My guess is Pemberton will appear.

Once the preliminary hearing is over, charges will be filed.

Social media posts here are overwhelmingly against the lawyer, the family, the dead guy, the Kraut, and especially Roque, the lawyer. Roque really pissed people off by staging that little fence climbing scene.

Originally Posted by pseudolus

Originally Posted by Davis Knowlton

Social media posts here are overwhelmingly against the lawyer, the family, the dead guy, the Kraut, and especially Roque, the lawyer. Roque really pissed people off by staging that little fence climbing scene.

Any response to this from the powers that be though? Surely there must be a precedent for people trying to break into a military compound! Heightened terror alert not count when there is a gaggle of whores and vipers with the TV crews then?

Camp Aguinaldo will no longer admit journalists past the parade ground bleachers. These are inside the main gate a ways down on the right, and a long way from the detention area. All journalists must be badged, leave ID at the gate, and state their reason for being there.

As I said before, the Filipino Army has already sent a letter of protest to the German Embassy and to The Bureau of Immigration asking that the Kraut be deported. I doubt this will happen, as the funeral is today and I think the Kraut plans to depart shortly thereafter. Whether he is ever readmitted to the country is another question.

There are also calls on social media for the dead guy's sister, the other fence climber, to be charged. I doubt this will happen.

According to several Filipino news sources, they are moving ahead to deport the Kraut based on complaints lodged by the Philippine military.

As the Kraut is scheduled to depart Sunday, hopefully at that time his passport will be stamped "Deported and denied re-entry".

Bye bye meal ticket......

Originally Posted by Davis Knowlton

According to several Filipino news sources, they are moving ahead to deport the Kraut based on complaints lodged by the Philippine military. As the Kraut is scheduled to depart Sunday, hopefully at that time his passport will be stamped "Deported and denied re-entry".

Just make sure he has prepaid for his otiginal return flight. Then deport him and put him on a different flight and stick him with the bill.

Well now the Filipinos are REALLY pissed off.

The USS George Washington, with 5,500 sailors with bulging wallets, was just docked in Manila for two days.

The US decided NO SHORE LEAVE.

Not one dollar into Filipino hands.

I feel sorry for the 320 Fil-Am sailors on board who didn't get a chance to see relatives.

Originally Posted by Davis Knowlton

Bye bye meal ticket......

Doubt it- they can work him for at least 6 months or so.

I quite liked this press quote from The Philippine Star:

The George Washington, an aircraft carrier, can carry fighter aircraft and tons of cargoes and thousands of military personnel.

Can we assume the traditional on board cocktail party for local VIPs will still go ahead?

It's already sailed - this afternoon.

Ambassador's statement was a classic, "In deference to the sensitivities of our Filipino hosts in the wake of the Olongapo incident, I decided that shore leave at this time would be disrespectful."

P.S. It cost you thousands of shore leave dollars that didn't get spent.

Originally Posted by Davis Knowlton

Well now the Filipinos are REALLY pissed off.

The USS George Washington, with 5,500 sailors with bulging wallets, was just docked in Manila for two days.

The US decided NO SHORE LEAVE.

Not one dollar into Filipino hands.

I feel sorry for the 320 Fil-Am sailors on board who didn't get a chance to see relatives.

Yea, and we do drop massive amounts of cash on shore leave. At sea there's not much to spend money on - how many candy bars and soda's can you consume. So, the wallets in question do bulge (on one deployment I collected enough paychecks to buy a car), so the wallets in question can become obscenely obese, and the Filipino's are well aware of the fact. There's nothing like a shore leave to put a wallet on a much needed diet. A single sailor is a typically an expert in spending money freely.


Chess game move - hit 'em where it hurts.

Good thread. Thanks for all the input from the locals Davis. Sorry out of ammo.

^Thanks.

^^Is a big one. With 5,500 pissed off squids below......

https://www.facebook.com/rapplerdotc...56355644385220

some very comic responses to the "no shore leave story" on FB.

Chief of Staff of the Philippine Army just issued a statement calling for the gay Kraut to not only be immediately deported, but to be declared an undesirable alien and never again be allowed to enter the country.

^^^ I bet the thousands of hookers and bars who could have used the million bucks the GW would have dropped in two days don;t feel that way.

indeed Nekkers - its just the ones who would not benefit from it that is moralistic.