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

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  • #181
  • #182
Please provide the link that says no effort was offered to bring her home.

Gabby's mother does not say how she responded to her daughter. How do you know she did not say anything to Gabby about coming home. You can't know that yet you state it as fact.
It is a fact that Gabby spoke to her mother while in the presence of Moab police. It is a fact that Gabby and Brian continued their trip for another two weeks. It is a fact Gabby spoke to her mother as they were leaving Utah and driving to Grand Teton. I have posted links throughout this case.
JMO

Just days after that traffic stop, Gabby and Brian were back on the road headed north to Salt Lake City.

On August 19, Gabby posted an edited eight-minute video showing their journey together.

GABBY PETITO ["Van Life" video]: Hello, hello and good morning ... It is really nice and sunny today.
The video showed no signs of any tension between Gabby and Brian.

Later, Gabby told her mom they were leaving Utah and driving to Grand Teton National Park in Wyoming.

Nichole Schmidt: She was happy, she was excited to keep going on her journey and that was the last time I spoke to her. Verbally.
 
  • #183
Laundrie drove the Ford Transit van back to Florida on Sept. 1 alone, police said. He returned to the home he shares with his parents and Petito. Gabby Petito timeline: From road trip with Brian Laundrie to active criminal investigation
My take on the interview was that her stepdad meant he saw it when he visited the area. I thought only Gabby owned the van but in this link her mother said they bought it together.

JMO
Nichole Schmidt: They bought the van, they converted it.

The goal was to spend four or five months crisscrossing the country, having adventures, even working on organic farms and chronicling it all in real time on social media.
 
  • #184
It is a fact that Gabby spoke to her mother while in the presence of Moab police. It is a fact that Gabby and Brian continued their trip for another two weeks. It is a fact Gabby spoke to her mother as they were leaving Utah and driving to Grand Teton. I have posted links throughout this case.
JMO

Just days after that traffic stop, Gabby and Brian were back on the road headed north to Salt Lake City.

On August 19, Gabby posted an edited eight-minute video showing their journey together.

The video showed no signs of any tension between Gabby and Brian.

Later, Gabby told her mom they were leaving Utah and driving to Grand Teton National Park in Wyoming.


Nichole Schmidt: She was happy, she was excited to keep going on her journey and that was the last time I spoke to her. Verbally.

You were accusing Gabby's mom of not trying to get Gabby home when she was being abused.

Quote
"They (jury) will know Gabby phoned her mother and yet no effort was made to get her home."

According to your link Nicole had no reason to bring Gabby home because Gabby told Nicole she was happy and excited to keep going on her journey. This is the last time they talked over the phone.

Gabby was an adult who made up her own mind to continue her trip and that is what the jury will see. I do not believe that the jury will see Nicole as a mom who ignored her daughter's cries for help as you are suggesting.

2 Cents
 
  • #185
  • #186
Please Everyone,
Stick to the facts and stay on topic.
This thread is about the lawsuit.
Thank you,
Tricia
 
  • #187
You were accusing Gabby's mom of not trying to get Gabby home when she was being abused.

Quote
"They (jury) will know Gabby phoned her mother and yet no effort was made to get her home."

According to your link Nicole had no reason to bring Gabby home because Gabby told Nicole she was happy and excited to keep going on her journey. This is the last time they talked over the phone.

Gabby was an adult who made up her own mind to continue her trip and that is what the jury will see. I do not believe that the jury will see Nicole as a mom who ignored her daughter's cries for help as you are suggesting.

2 Cents
The $50 million lawsuit her parents filed against Moab LE claims if LE had been "properly trained", Gabby would still be alive.

The article I linked upthread points out that Gabby's mother spoke to her the day of the Moab incident and also two weeks later and Gabby was "happy."

I think the jury will conclude from the evidence presented at trial, Moab LE was in no way responsible for whatever happened two weeks after the incident.

JMO
 
  • #188
The $50 million lawsuit her parents filed against Moab LE claims if LE had been "properly trained", Gabby would still be alive.

The article I linked upthread points out that Gabby's mother spoke to her the day of the Moab incident and also two weeks later and Gabby was "happy."

I think the jury will conclude from the evidence presented at trial, Moab LE was in no way responsible for whatever happened two weeks after the incident.

JMO

I haven't researched the Moab situation. I don't have an opinion on it one way or the other. I'm interested in the civil suit between the 2 families now that we can actually see the depositions.

The depositions don't look good for the Laundries, the burn letter looks bad and making a settlement offer looks like guilt....2 Cents

I'm taking emotion out of it and looking at it from a legal perspective. The civil case standard - which is more of a preponderance of evidence as opposed to beyond a reasonable doubt.

 
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  • #189
I haven't researched the Moab situation. I don't have an opinion on it one way or the other. I'm interested in the civil suit between the 2 families now that we can actually see the depositions.

The depositions don't look good for the Laundries, the burn letter looks bad and making a settlement offer looks like guilt....2 Cents

I'm taking emotion out of it and looking at it from a legal perspective. The civil case standard - which is more of a preponderance of evidence as opposed to beyond a reasonable doubt.

The 'burn after reading letter' looks like a whole heck of a lot more than 'a little joke' RL said it was. It sounds so bizarre to me, like RL was jealous of GP. No wonder RL didn't want it to get out to the public. :eek:

I think RL wrote this to BL when he got home in Gabby's van after he murdered her and told them what had happened. BL probably kept that letter in his backpack and didn't 'burn after reading'. I bet RL was mortified when that was discovered along with BL's totally unbelievable, self serving confession letter with his plea not to blame his parents...they'd 'lost a son and a daughter".

No, the L's didn't 'lose 'either IMO, they knew where BL was when he showed up in Gabby's van and they knew he chose to end his life by suicide. They didn't lose Gabby, their son murdered her. Yet they had the advantage of knowing this and not the gut wrenching, unending grief, worry, and the millions of questions the Petito family had to endure while their daughter lay out there decomposing in the desert. :mad:

JMO
 
  • #190
The 'burn after reading letter' looks like a whole heck of a lot more than 'a little joke' RL said it was. It sounds so bizarre to me, like RL was jealous of GP. No wonder RL didn't want it to get out to the public. :eek:

I think RL wrote this to BL when he got home in Gabby's van after he murdered her and told them what had happened. BL probably kept that letter in his backpack and didn't 'burn after reading'. I bet RL was mortified when that was discovered along with BL's totally unbelievable, self serving confession letter with his plea not to blame his parents...they'd 'lost a son and a daughter".

No, the L's didn't 'lose 'either IMO, they knew where BL was when he showed up in Gabby's van and they knew he chose to end his life by suicide. They didn't lose Gabby, their son murdered her. Yet they had the advantage of knowing this and not the gut wrenching, unending grief, worry, and the millions of questions the Petito family had to endure while their daughter lay out there decomposing in the desert. :mad:

JMO

When I get home later I will post something from RL's deposition. You mention possible jealousy and in her deposition she mentions being moody and cranky towards Gabby for no reason.

I got the impression it wasn't just a one time thing.

2 Cents
 
  • #191
The 'burn after reading letter' looks like a whole heck of a lot more than 'a little joke' RL said it was. It sounds so bizarre to me, like RL was jealous of GP. No wonder RL didn't want it to get out to the public. :eek:

I think RL wrote this to BL when he got home in Gabby's van after he murdered her and told them what had happened. BL probably kept that letter in his backpack and didn't 'burn after reading'. I bet RL was mortified when that was discovered along with BL's totally unbelievable, self serving confession letter with his plea not to blame his parents...they'd 'lost a son and a daughter".

No, the L's didn't 'lose 'either IMO, they knew where BL was when he showed up in Gabby's van and they knew he chose to end his life by suicide. They didn't lose Gabby, their son murdered her. Yet they had the advantage of knowing this and not the gut wrenching, unending grief, worry, and the millions of questions the Petito family had to endure while their daughter lay out there decomposing in the desert. :mad:

JMO
Things always sound much worse when they are taken out of context by attorneys with an agenda to sensationalize a case prior to trial.

The title was because Gabby had given Brian a book with a similar name, "Burn after Writing."

I think the jury will read her letter in its entirety, see the book Gabby gave Brian and form the same conclusion I did.

JMO

“Gabby had given Brian a book called ‘Burn After Writing’ which contains printed questions to which the reader responds by writing their answers on the page,” his mother said. “The back of the book instructs the reader to create a secret book and then destroy by ‘burn after writing.’ The bottom of the back cover says: ‘Write. Burn. Repeat.’

Brian, Gabby and I often joked about this book and the importance of being able to express yourself. If you were embarrassed or simply did not want anyone to know your thoughts or feelings then the book offered the perfect solution by telling you to burn it. This is where my message to Brian came from and I wrote on the cover of the letter for Brian to ‘Burn After Reading.’”
 
  • #192
Come ON. Most of us following this from the beginning, back when her van and Brian arrived in FL without her (and those headlines), knew as soon as Bertolino issued that first statement that he, and Brian, and Brian’s parents knew poor Gabby was dead, based on the omission of one single word: “safely.”

Here was the statement.
This is understandably an extremely difficult time for both the Petito family and the Laundrie family.

It is our understanding that a search has been organized for Miss Petito in or near Grand Teton National Park in Wyoming. On behalf of the Laundrie family it is our hope that the search for Miss Petito is successful and that Miss Petito is reunited with her family.

On the advice of counsel, the Laundrie family is remaining in the background at this juncture and will have no further comment.”

By leaving out that one, single word, they said so much, and we knew. It was just a terrible matter of waiting and finding her.

For incidents happening in relation to a serious and horrific crime, Roberta sure does like to joke around. Burn after reading? That’s just a joke! Tide sticks? Removing stains from t-shirts (because what else could 20 phone calls in one day be about?)? Awww, that’s just jokes, man!

MOO
 
  • #193
Things always sound much worse when they are taken out of context by attorneys with an agenda to sensationalize a case prior to trial.

The title was because Gabby had given Brian a book with a similar name, "Burn after Writing."

I think the jury will read her letter in its entirety, see the book Gabby gave Brian and form the same conclusion I did.

JMO

“Gabby had given Brian a book called ‘Burn After Writing’ which contains printed questions to which the reader responds by writing their answers on the page,” his mother said. “The back of the book instructs the reader to create a secret book and then destroy by ‘burn after writing.’ The bottom of the back cover says: ‘Write. Burn. Repeat.’

Brian, Gabby and I often joked about this book and the importance of being able to express yourself. If you were embarrassed or simply did not want anyone to know your thoughts or feelings then the book offered the perfect solution by telling you to burn it. This is where my message to Brian came from and I wrote on the cover of the letter for Brian to ‘Burn After Reading.’”
I also think it's extremely difficult for people, who know how the story turns out, to imagine a situation before anyone (except BL) knew what had happened.

Especially people who follow true crime <modsnip>

Such people cannot imagine what happens in other people's minds. Especially those who,

- firstly, did not know what we now know,
-2nd may never have particularly noticed or followed any murder cases, ever and
-3rd, cannot imagine their son could be capable of murder.

In addition, I don't see any
evidence proving they 'knew' where her body was.

IMO, if the plaintiff's had any evidence about that, they would be broadcasting THAT to the world.

JMO
 
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  • #194
By leaving out that one, single word, THEY said so much, and we knew. It was just a terrible matter of waiting and finding her.
Respectfully snipped and capitalized by me.

One thing that has not been proven, that is a completely new legal issue in this case, is whether a lawyer's statement can be used to punish the lawyer's client.

Normally, we assume a lawyer is not channelling their client's exact, precise words. Lawyers usually speak on behalf of their clients, because the clients are confused, have mixed feelings etc.

Aside from that, to believe that a legal case can depend entirely on the absense of a single word is breathtaking simplification. Thankfully, cases are not determined that way.

JMO
 
  • #195
Respectfully snipped and capitalized by me.

One thing that has not been proven, that is a completely new legal issue in this case, is whether a lawyer's statement can be used to punish the lawyer's client.

Normally, we assume a lawyer is not channelling their client's exact, precise words. Lawyers usually speak on behalf of their clients, because the clients are confused, have mixed feelings etc.

Aside from that, to believe that a legal case can depend entirely on the absense of a single word is breathtaking simplification. Thankfully, cases are not determined that way.

JMO
I agree.

I sure hope a jury doesn't use something so subjective as a single word not being in a lawyers statement to come to any kind of conclusion. JMO.
 
  • #196
Respectfully snipped and capitalized by me.

One thing that has not been proven, that is a completely new legal issue in this case, is whether a lawyer's statement can be used to punish the lawyer's client.

Normally, we assume a lawyer is not channelling their client's exact, precise words. Lawyers usually speak on behalf of their clients, because the clients are confused, have mixed feelings etc.

Aside from that, to believe that a legal case can depend entirely on the absense of a single word is breathtaking simplification. Thankfully, cases are not determined that way.

JMO
BBM. You raise a good point because I was shocked when the Judge said something about the parents gave up their right to remain silent. This is a civil case, not criminal.

Another legal aspect I'm not sure about is whether the Laundries can file a countersuit for intentional infliction of emotional distress. The attorney for GP's parents has been relentless in hurling every baseless accusation at the Laundries and the media uses it for clickbait. I doubt GP's parents had trolls protesting in front of their home with bullhorns and placing insulting signs in their yard to the point, local LE had to intervene. smh

JMO
 
  • #197
Another legal aspect I'm not sure about is whether the Laundries can file a countersuit for intentional infliction of emotional distress. The attorney for GP's parents has been relentless in hurling every baseless accusation at the Laundries and the media uses it for clickbait. I doubt GP's parents had trolls protesting in front of their home with bullhorns and placing insulting signs in their yard to the point, local LE had to intervene. smh
Why would people protest the parents of Gabby Petito? Gabby Petito was the one violently murdered as a result of domestic violence. It doesn't make sense to protest the family of the victim instead of the perpetrator.

<modsnip: Unnecessary> Considering all the evidence and facts of Gabby Petito's vicious homicide, I am sure the jury will find for the plaintiffs.

SMH
 
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  • #198
Respectfully snipped and capitalized by me.

One thing that has not been proven, that is a completely new legal issue in this case, is whether a lawyer's statement can be used to punish the lawyer's client.

Normally, we assume a lawyer is not channelling their client's exact, precise words. Lawyers usually speak on behalf of their clients, because the clients are confused, have mixed feelings etc.

Aside from that, to believe that a legal case can depend entirely on the absense of a single word is breathtaking simplification. Thankfully, cases are not determined that way.

JMO
That is a great point. Good catch.

Now that I am thinking of this, I believe the lawyer should be held accountable for the legal statement, and the Laundries should be held accountable for the rest of the issues brought up in the complaint, in my opinion.
 
  • #199
Does anyone have a resource, article, or essay that can help those of us that are not lawyers understand better what is going on? As in the difference between civil and criminal, and when/how they affect each other.

What I will mention, and this is very important to understand, is that in the United States, one major difference between criminal law and civil law is this:

In order to be found guilty of a crime it has to be beyond a reasonable doubt. For civil law it only needs to be proved that the offense being litigated over is most likely to have occurred; it does not need to be proved beyond a reasonable doubt. Depending on the state you live in pleading the 5th in a civil matter can be used against you.

When discussing this specific litigation, the Petitos only need to prove that it was more likely than not that the Laundries knew Brian murdered Gabby Petito. I get the impression they have proved this.
 
  • #200
While we may see more evidence if this goes to trial, so far I haven't seen any evidence that shows the Laundries knew that Gabby was dead.

Even with civil courts lower standards I just don't see it. JMO.
 
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