Found Deceased WY - Gabby Petito, Grand Teton National Park #88

[Lawnguylander1964]

It wasn't just the silence.

It was that one strange statement Bertolino put out on behalf of his clients that made it sound like G was someone that worked at one of their juice stands 20 years ago and never saw again.

 

[RANCH]

"The law does not require an individual to speak to a third party under any circumstances," the Laundries' lawyer Steven Bertolino said.

He would not confirm whether the Laundries knew what happened to Gabby before her body was found but said he advised Christopher and Roberta not to speak with anyone, including Petito's family.

Gabby Petito's family faces off against Brian Laundrie's parents in court

A Florida judge will decide Wednesday whether Petito's parents have enough evidence to pursue legal action and send the case to a jury.

abc7news.com

 

[NCWatcher]

It wasn't just the silence.

It was that one strange statement Bertolino put out on behalf of his clients that made it sound like G was someone that worked at one of their juice stands 20 years ago and never saw again.

I don't think that was quite the issue with SB's statement. (What juice stands? I thought they sold commercial juicing equipment. When did they operate stands?)

You are correct though the statement is likely what allowed the case to go forward. Without it, from what the judge said during a motion to dismiss hearing early on, the case probably would not have proceeded (because all that would have been left was silence and the Laundries' had a right to that.)
MOO

 

[MyBelle]

BBM

I think perhaps you don't know the whole story about the beginnings of the case, especially regarding the Laundries silence.

It is well-established they were not saying anything at the beginning.

I absolutely know the whole story. It is in the depositions which have been made public. The Laundries were advised by their attorney to not say anything. The lawsuit against them has now ended because silence isn't evidence of a crime.

JMO

 

[MyBelle]

Well yes, such as in some cases where criminal defense attorneys know their client is guilty, and the client knows they themselves are guilty.

BBM. All attorneys know there is a constitutional right to remain silent and will advise their clients accordingly.

The Laundries have not been charged with a crime.

JMO

 

[Cool Cats]

I absolutely know the whole story. It is in the depositions which have been made public. The Laundries were advised by their attorney to not say anything. The lawsuit against them has now ended because silence isn't evidence of a crime.

JMO

The lawsuit ended only because both parties agreed to a settlement.

This had nothing to do with a crime, civil court is liability. Criminal court is for criminal charges.

The "liable party" paid. When all is said and done the Laundries paid the Petitos, the "injured party."

2 Cents

 

[MyBelle]

The lawsuit ended only because both parties agreed to a settlement.
This had nothing to do with a crime, civil court is liability. Criminal court is for criminal charges.

The liable party paid.

2 Cents

BBM. Paid what? Why would the Laundries pay money for something that could not be proved at trial?
The lawsuit was resolved in mediation because it had no basis in fact.

JMO

 

[rleigh123]

BBM. All attorneys know there is a constitutional right to remain silent and will advise their clients accordingly.

The Laundries have not been charged with a crime.

JMO

I didn't say otherwise.

 

[rleigh123]

I absolutely know the whole story. It is in the depositions which have been made public. The Laundries were advised by their attorney to not say anything. The lawsuit against them has now ended because silence isn't evidence of a crime.

JMO

I was just responding to your comment that the Laundries didn't delay anything.

 

[rleigh123]

Competent attorneys routinely tell clients not to talk to anyone about the case. That's often the first advice they give and it is hardly limited to cases where the attorney believes a client is guilty. Unfortunately too many innocent people find themselves in trouble because they naively believed as long as they'd done nothing wrong, they couldn't be hurt by talking. Nothing could be further from the truth.
MOO

Yes, I agree.

 

[Megnut]

Vehicles tell a story.

They knew G wasn't going to need her van.

They knew B wasn't going to need the family car.

Let that sink in.

JMO

 

[MyBelle]

I don't think that was quite the issue with SB's statement. (What juice stands? I thought they sold commercial juicing equipment. When did they operate stands?)

You are correct though the statement is likely what allowed the case to go forward. Without it, from what the judge said during a motion to dismiss hearing early on, the case probably would not have proceeded (because all that would have been left was silence and the Laundries' had a right to that.)
MOO

I will never understand that Judge's ruling. The Laundries had a right to remain silent if they were charged with a crime, but they weren't being charged with a crime.

JMO

 

[DFWNF]

I'm seeing a few comments about how it wouldn't have made much difference if the Laundries had spoken up sooner, and that everyone involved can now move on, or should move on, etc.

None of this would've gone on as long as did if the Laundries had responded to the desperate pleas of Gabby's parents IMO.

Gabby's parents very much wanted to move forward back then.

I know more than a few people think what the Laundries did was perfectly normal and understandable.

I personally don't see making people suffer in that way as anything less than cruel and cold.

IMO

Once they got off the phone with Brian I would have immediately called police, and told them all I knew, and that he was frantic and freaking out, and frantic he needed a lawyer , he was leaving Wyoming in Gabby's stolen van with all her things in it and was frantic she was gone/dead and driving home to our house in Florida. And our lawyer said he needed a criminal lawyer in Wyoming and I believed my son murdered his girlfriend Gabby. Then I would have started praying to God for Gabby, and pleading with God that I was somehow wrong, knowing I wasn't.

 

[NCWatcher]

I will never understand that Judge's ruling. The Laundries had a right to remain silent if they were charged with a crime, but they weren't being charged with a crime.

JMO

It didn't really make sense to me either. But my understanding was that the plaintiffs were claiming the defendants didn't have a right to remain silent (whether they were charged with a crime or not.) My impression was the judge didn't seem to agree with that reasoning and the case would likely have ended there if not for the statement SB put out. That statement meant they had broken their silence so the case could proceed. I believe SB explained in his deposition he felt the need put out a statement because they were receiving death threats. I don't understand why anyone would make death threats especially in that situation (and be proud of doing it!!) but I didn't understand the actions of the "protestors" either. Protesting government action is one thing but protesting personal actions of individuals?
MOO

 

[RANCH]

Vehicles tell a story.

They knew G wasn't going to need her van.

They knew B wasn't going to need the family car.

Let that sink in.

JMO

The Laundries believed the van belonged to BL. The below quote is from Roberta Laundries deposition.

Q. If Gabby had just walked off on her own, would you have told your son to drive home in her van with all of her stuff in it?

A. No. I didn't tell him to drive home. He just said he was on his way home, and I thought it was just a nice gesture that he put it in her name.

Q. Well, you told me the title -- that you saw the title was in Gabby's name, so why would you think it was Brian's van?

A. Because I believed he paid for it. He worked on it.
I knew that she couldn't afford to pay for her or didn't want to pay for her -- she was leasing a car and she didn't want -- and Brian was paying for the lease, and she finally drove home and left the car at her parents' house, and so I think he just wanted to put the van in her name to be nice, but I don't remember her ever driving it even.

https://www.scribd.com/document/705480973/Roberta#fullscreen&from_embed

 

[housewife]

BBM

I think perhaps you don't know the whole story about the beginnings of the case, especially regarding the Laundries silence.

It is well-established they were not saying anything at the beginning.

"Tell us if we are even looking in the right place."
9/16/21 (3 days later her weathered remains would be found)

Exactly right.

 

[DFWNF]

I sure do hope that both families move towards healing from these tragic events.

JMO.

My prayers are always with the Petitos and Schmidts, and I think about Cassie and her children too, who apparently loved Gabby.

 

[Cool Cats]

BBM. Paid what? Why would the Laundries pay money for something that could not be proved at trial?
The lawsuit was resolved in mediation because it had no basis in fact.

JMO

No, the lawsuit was not dropped, it was settled. Most civil suits are settled. It means the Petitos agree to stop further legal action and the Laundries agree to pay.

The lawsuit would have went to trial in May if the Laundrie's had not paid something to settle the lawsuit.

"The parents of Gabby Petito say they have reached a settlement"
"...with a confidential resolution that will see them avoid a civil trial later this year, according to their attorneys."

The majority of legal claims filed in civil court do not reach the trial stage-- most are resolved earlier through a negotiated settlement among the parties. Through settlement, the plaintiff in a civil case agrees to give up the right to pursue any further legal action in connection with his or her case, in exchange for the payment of an agreed-upon sum of money from the defendant (or the defendant's insurer). .

https://www.findlaw.com/litigation/filing-a-lawsuit/resolution-before-trial-settlement-alternative-dispute.html

Petito and Laundrie Families to Avoid Messy Court Battle After Agreement Struck

Gabby Petito’s parents sued Brian Laundrie’s for severe emotional distress in March 2022, alleging they’d known about their daughter’s death for weeks before her body was found.

www.thedailybeast.com

 

[MyBelle]

It didn't really make sense to me either. But my understanding was that the plaintiffs were claiming the defendants didn't have a right to remain silent (whether they were charged with a crime or not.) My impression was the judge didn't seem to agree with that reasoning and the case would likely have ended there if not for the statement SB put out. That statement meant they had broken their silence so the case could proceed. I believe SB explained in his deposition he felt the need put out a statement because they were receiving death threats. I don't understand why anyone would make death threats especially in that situation (and be proud of doing it!!) but I didn't understand the actions of the "protestors" either. Protesting government action is one thing but protesting personal actions of individuals?
MOO

BBM. That's the part I don't understand. It was a benign statement. Nothing cruel or inhumane about it. The North Point Police Chief held a press conference and said basically the same thing: the focus was on finding Gabby. Gabby's father spoke at the news conference and said his focus was on finding Gabby.

The protestors in front of the Laundries put on quite a freak show. iirc, SB's depo mentioned that the FBI removed weapons from the Laundrie home via their backyard fence because they didn't want a reaction from the nutjobs (my term) in the front.

JMO

 

[MyBelle]

No, the lawsuit was not dropped, it was settled. Most civil suits are settled. It means the Petitos agree to stop further legal action and the Laundries agree to pay.

The lawsuit would have went to trial in May if the Laundrie's had not paid something to settle the lawsuit.

"The parents of Gabby Petito say they have reached a settlement"
"...with a confidential resolution that will see them avoid a civil trial later this year, according to their attorneys."

The majority of legal claims filed in civil court do not reach the trial stage-- most are resolved earlier through a negotiated settlement among the parties. Through settlement, the plaintiff in a civil case agrees to give up the right to pursue any further legal action in connection with his or her case, in exchange for the payment of an agreed-upon sum of money from the defendant (or the defendant's insurer). .

https://www.findlaw.com/litigation/filing-a-lawsuit/resolution-before-trial-settlement-alternative-dispute.html

Petito and Laundrie Families to Avoid Messy Court Battle After Agreement Struck

Gabby Petito’s parents sued Brian Laundrie’s for severe emotional distress in March 2022, alleging they’d known about their daughter’s death for weeks before her body was found.

www.thedailybeast.com

I didn't say the lawsuit was dropped <modsnip>
A resolution by mediation does NOT mean there was a paid settlement.

JMO