Found Deceased WY - Gabby Petito, Grand Teton National Park #86

[Warwick7]

I think the legal issues wrt "accessory after the fact" would be:

- did they know Brian killed Gabby
- if so when did they know it
- although Brian confessed to killing Gabby, he was never found guilty in a court of law
- can a person be legally found guilty of being an accessory if the person you helped was never convicted of the crime which you are alleged to have been an accessory to

JMO

BBM
That sent me searching. I came up with:

"An accessory-after-the-fact is someone who assists 1) someone who has committed a crime, 2) after the person has committed the crime, 3) with knowledge that the person committed the crime, and 4) with the intent to help the person avoid arrest or punishment. An accessory after the fact may be held liable for, among other things, obstruction of justice."

Everything I'm reading so far has said: "someone who has committed a crime, after the person has committed the crime, or with knowledge that the person committed the crime..." No where have I found where the original person had to be convicted of the crime.

An accessory after the fact means helping someone else after the crime had been committed.

• the defendant knew that the perpetrator had committed a felony, OR been charged or convicted of one
• after the commission of the felony, the defendant harbored, concealed, or aided the perpetrator, and
• the defendant intended that the perpetrator avoid or escape arrest, trial, conviction, or punishment.2

accessory after the fact

www.law.cornell.edu

"Accessory to a Crime" - What does this mean?

An accessory to a crime is someone who helps to commit the offense, even if he or she was not actually present during its commission.

www.shouselaw.com

I don't believe the original person had to be convicted for person who is an accessory after the fact to be charged.

"As for BL's death bed confession. A deathbed confession can be admissible evidence in court under the right circumstances. If someone confesses knowledge of a crime [let alone confesses to the crime] and then dies or their condition worsens, the law does not consider the statement to be hearsay and can be used in a criminal trial."

Italics are mine.

Deathbed confession - Wikipedia

en.m.wikipedia.org

 

[Warwick7]

IMO, Brian's written confession should constitute evidence of guilt which could open the door to a rare posthumous trial.

I agree. Everything I read about deathbed confessions states it can be admissible evidence in court under the right circumstances. The law does not consider the statement to be hearsay and can be used in a criminal trial.

Deathbed confession - Wikipedia

en.m.wikipedia.org

 

[Warwick7]

What if there are several versions of BL's confession?

I don't think there are several versions. At the 1:06 mark Reilly says there "other stories [BL] told, possible two other confessions, somewhat different."

Somewhat different gave me the impression that BL was telling the same confession, but may added a few details or subtracted a few details. MOO

 

[Warwick7]

https://twitter.com/x/status/1532493738697805848

 

[bestill]

https://twitter.com/x/status/1532493738697805848

She looks exactly the same!! So happy she had good men, her dad and step dad specifically, in her life and sad that a total loser took her life. RIP sweet Gabby, your loved ones <will never let you be forgotten!

 

[Skigirl]

It's been a year today since Gabby Petito took off for her grand adventure with a heart full of hope and a head full of dreams.

 

[Warwick7]

It's been a year today since Gabby Petito took off for her grand adventure with a heart full of hope and a head full of dreams.

You beat me to it. I was just going to post this. ❤

 

[makayla]

It's been a year today since Gabby Petito took off for her grand adventure with a heart full of hope and a head full of dreams.

It’s such a sad story, not only for Gabby’s horrific ending, but also for her family.

 

[GRT]

You make valid points. I do question whether the L’s were trying to save their son from suicide. I believe they were really trying to help keep him out of prison. They picked up the Mustang from the very Reserve he took his own life. Had they allowed LE into the house to apprehend BL in the days before he went to the Reserve, he could still be alive, in prison, and awaiting trial. For all I know, a jury may have believed some contrived defense story, and he may have been acquitted.

JMO

Hindsight is always 20:20, and I'm guessing that the L's question their actions concerning their son on a regular basis now that they no longer have him. They may well have been hoping to keep him out of prison, and I agree, he may have gotten a brief sentence or have been acquited, depending on how the jury saw the incident.

I bet the P's have regrets as well, since it appears there were signs that the young lovers relationship could turn toxic at times.

But, I believe that most people do what they feel is best in the moment. Sadly, none of us have a crystal ball. If we did, both sets of parents would likely have done their best to break-up that relationship.

 

[NCWatcher]

Hindsight is always 20:20, and I'm guessing that the L's question their actions concerning their son on a regular basis now that they no longer have him. They may well have been hoping to keep him out of prison, and I agree, he may have gotten a brief sentence or have been acquited, depending on how the jury saw the incident.

I bet the P's have regrets as well, since it appears there were signs that the young lovers relationship could turn toxic at times.

But, I believe that most people do what they feel is best in the moment. Sadly, none of us have a crystal ball. If we did, both sets of parents would likely have done their best to break-up that relationship.

Very good points. The view is so different with benefit of hindsight. Plenty of Woulda, Coulda, Shoulda to go around.

I think you are right both families have regrets. I don't know how consciously aware every individual is of those regrets. But, for example, both families did things to make the trip happen. The P's leased the Nissan for G for the first trip-- a car we discussed here on WS could be "traded in" to financially help buy the van. (And I believe JP said the leased car provided a financial boost, something I'd not known about having never leased a car.) NS said both she and JP provided money for trip expenses, both at the start of the trip and along the way. We don't know if the L's provided any money but they did give G&B rent-free places to live (first with Cassie, then the rent-free condo, then with the L's) and likely bought at least some of their food when they lived with them. Not having to pay a large living expense like rent allowed G&P to save money from their jobs starting with their Publix jobs.

Clearly the long trip in a small van was a stressor but the eventual outcome could have been the same even without the trip. We'll never know, but I expect both families may regret facilitating the trip.
JMO

 

[Cool Cats]

A Motion By Brian Laundrie's Parents To …

A Motion By Brian Laundrie's Parents To Dismiss A Lawsuit From Gabby Petito's Family Has Been Denied​

Julia Reinstein
Fri, July 1, 2022, 3:42 PM

The Laundries' attorney, Steve Bertolino, denied the claims made in the lawsuit, adding that they "had no obligation to speak to Law Enforcement or any third-party including the Petito family." They then moved to dismiss the lawsuit, arguing that it had been their "constitutional right not to speak when doing so could subject them to criminal penalties."

By ruling against the motion to dismiss Thursday, Circuit Court Judge Hunter W. Carroll, cleared the way for the Petitos' lawsuit to move forward. He pushed back against the Laundries' claims that they simply remained silent, citing a statement they issued through their lawyer saying they hoped the "search for Miss Petito is successful and that Miss Petito is reunited with her family," despite allegedly already knowing she was dead.

 

[wary]

A Motion By Brian Laundrie's Parents To …

A Motion By Brian Laundrie's Parents To Dismiss A Lawsuit From Gabby Petito's Family Has Been Denied​

Julia Reinstein
Fri, July 1, 2022, 3:42 PM

The Laundries' attorney, Steve Bertolino, denied the claims made in the lawsuit, adding that they "had no obligation to speak to Law Enforcement or any third-party including the Petito family." They then moved to dismiss the lawsuit, arguing that it had been their "constitutional right not to speak when doing so could subject them to criminal penalties."

By ruling against the motion to dismiss Thursday, Circuit Court Judge Hunter W. Carroll, cleared the way for the Petitos' lawsuit to move forward. He pushed back against the Laundries' claims that they simply remained silent, citing a statement they issued through their lawyer saying they hoped the "search for Miss Petito is successful and that Miss Petito is reunited with her family," despite allegedly already knowing she was dead.

Notice that the Laundries, (through their lawyer, but it’s supposed to be their statement,) refer to her, the girl who lived in their home, as Ms Petito. The judge, on the other hand, referred to her as Gabby.

 

[NCWatcher]

Notice that the Laundries, (through their lawyer, but it’s supposed to be their statement,) refer to her, the girl who lived in their home, as Ms Petito. The judge, on the other hand, referred to her as Gabby.

You are correct. That makes me feel pretty sure SB wrote the statement (although I realize it's still "theirs".) And I did find the courtroom usage of "Gabby" by the judge oddly informal. Admittedly most courtroom stuff I've watched has been criminal, but I've never heard a judge call an adult victim by a nickname or even a first name. Of course, in a criminal trial the family isn't directing the prosecutor's word usage the way they would direct their attorney in a civil suit brought by the family.

JMO

 

[Sundog]

dbm

 

[kittythehare]

He's still claiming responsibility even if he changes the motive, or method of her death in different versions. The coroner knows that her cause of death was strangulation- that's homicide, even if there were also head injuries that she might have occurred from say tripping. If anything, multiple versions of a story usually make police hone in more on a suspect.

Your post reminds me of a persistent niggle I have.
I am wondering whether the full autopsy report will be released?

 

[Laura456]

A Motion By Brian Laundrie's Parents To …

A Motion By Brian Laundrie's Parents To Dismiss A Lawsuit From Gabby Petito's Family Has Been Denied​

Julia Reinstein
Fri, July 1, 2022, 3:42 PM

The Laundries' attorney, Steve Bertolino, denied the claims made in the lawsuit, adding that they "had no obligation to speak to Law Enforcement or any third-party including the Petito family." They then moved to dismiss the lawsuit, arguing that it had been their "constitutional right not to speak when doing so could subject them to criminal penalties."

By ruling against the motion to dismiss Thursday, Circuit Court Judge Hunter W. Carroll, cleared the way for the Petitos' lawsuit to move forward. He pushed back against the Laundries' claims that they simply remained silent, citing a statement they issued through their lawyer saying they hoped the "search for Miss Petito is successful and that Miss Petito is reunited with her family," despite allegedly already knowing she was dead.

What was the thinking at the time when they released this statement...? "Our hearts go out to the Petito family and all who care about Gabby during this difficult time." Would have sounded too final, I suppose.

 

[lisette]

What was the thinking at the time when they released this statement...? "Our hearts go out to the Petito family and all who care about Gabby during this difficult time." Would have sounded too final, I suppose.

 

[lisette]

I was wondering if maybe their lawyer suggested that they make a statement, and they knew she was dead, but they didn’t want him to know that they knew she was dead… So, they allowed him to go ahead and make the statement, which seems to be a big mistake on their part at this point.

 

[lisette]

Sorry, my reply got messed up somehow.

 

[Laura456]

I was wondering if maybe their lawyer suggested that they make a statement, and they knew she was dead, but they didn’t want him to know that they knew she was dead… So, they allowed him to go ahead and make the statement, which seems to be a big mistake on their part at this point.

Makes sense... that's an oof...