MANILA, Philippines - United States Marines Private First Class Joseph Scott Pemberton was still a no-show at the continuation of the preliminary probe of the Jennifer Laude case on Tuesday.
Pemberton, through his lawyer Rowena Garcia Flores, also did not submit his counter-affidavit despite being given 10 days to do so.
"You have waived your rights to file a counter-affidavit. You have not presented any evidence on your behalf," Olongapo City Prosecutor Emelie Fe De Los Santos told Flores during the televised proceedings this afternoon.
De Los Santos said the preliminary investigation will proceed even without Pemberton's counter-affidavit.
Instead of a counter-affidavit, Flores filed three separate motions for clarification of the murder complaint, declaration of the absence of probable cause for murder or another crime and the reduction of charges to homicide.
But De Los Santos said it is still not time to declare whether there is a probable cause for a crime since the investigation has yet to be completed.
"Madam, don't teach us what to do," De Los Santos told Flores.
Pemberton has been accused of murdering Laude in a hotel in Olongapo City ealier this month. After being held onboard the USS Peleliu, he was believed to be transferred to a detention facility at Camp Aguindalo in Quezon City.
Despite his detention inside the Armed Forces of the Philippines headquarters, Pemberton remains under the custody of the US.
De Los Reyes assured Laude's family that they will eventually see Pemberton after the preliminary probe.
"Time will come nanay, makikita mo rin siya," she told Laude's mother Julita.
"Ako po ay naniniwala na narito po siya sa Pilipinas, sa loob ng kampo," De Los Reyes added.
Laude's family and fiance, German national Marc Suselbeck, stormed Camp Aguinaldo last week to personally see if the American soldier is indeed detained there.
Suselbeck is facing deportation after intruding Pemberton's facility and shoving a Filipino soldier on guard.