Found Deceased WY - Gabrielle ‘Gabby’ Petito, 22, Grand Teton National Park, 25 Aug 2021 #84

[Kristin Esq.]

What if during depositions for the civil case they admit that Brian told them Gabby was dead and they took advice from their lawyer to not talk to her parents or LE so as to not incriminate themselves?

Depending on FLs law, it's possible they could be opening up themselves to criminal charges.

I know in an earlier post, someone mentioned obstruction of justice:

What Constitutes Obstruction of Justice?

Florida law outlines 29 different actions that can constitute this crime.

These are:

• Resisting an officer with violence
• Resisting an officer without violence
• Unlawful possession of a concealed handcuff key
• Depriving officer of means of protection or communication
• Obstruction by disguised person
• Refusing to assist prison officers in arresting escaped convicts
• Resisting timber agent
• Neglect or refusal to aid peace officers
• False personation
• Prohibited use of certain lights
• Unlawful use of badges or other indicia of authority
• Criminal actions under color of law or through simulated legal process
• Escape through voluntary action of officer
• Escape by negligence of officer
• Conveying tools into jail to aid escape
• Aiding escape
• Aiding escape of juvenile inmates
• Compounding felony
• Failure of defendant on bail to appear
• Installing or transporting radio equipment using assigned frequency of state or law enforcement officers
• Unauthorized transmissions to and interference with governmental and associated radio frequencies
• Unlawful use of police communications
• Publishing name and address of law enforcement officer
• Fleeing or attempting to elude a law enforcement officer
• Criminal actions against police dogs, fire dogs, SAR dogs, or police horses
• Harassment of participant of neighborhood crime watch program
• Depriving crime victim of medical care
• Traveling across county lines with intent to commit a burglary
• Tampering with electronic monitoring device

A full list of these actions, along with descriptions and penalties, can be found at The 2018 Florida Statutes

Obstructing Justice in Florida | Tampa Criminal Defense Lawyers

 

[Deleted member 39678]

Depending on FLs law, it's possible they could be opening up themselves to criminal charges.

I know in an earlier post, someone mentioned obstruction of justice:

What Constitutes Obstruction of Justice?

Florida law outlines 29 different actions that can constitute this crime.

These are:

• Resisting an officer with violence
• Resisting an officer without violence
• Unlawful possession of a concealed handcuff key
• Depriving officer of means of protection or communication
• Obstruction by disguised person
• Refusing to assist prison officers in arresting escaped convicts
• Resisting timber agent
• Neglect or refusal to aid peace officers
• False personation
• Prohibited use of certain lights
• Unlawful use of badges or other indicia of authority
• Criminal actions under color of law or through simulated legal process
• Escape through voluntary action of officer
• Escape by negligence of officer
• Conveying tools into jail to aid escape
• Aiding escape
• Aiding escape of juvenile inmates
• Compounding felony
• Failure of defendant on bail to appear
• Installing or transporting radio equipment using assigned frequency of state or law enforcement officers
• Unauthorized transmissions to and interference with governmental and associated radio frequencies
• Unlawful use of police communications
• Publishing name and address of law enforcement officer
• Fleeing or attempting to elude a law enforcement officer
• Criminal actions against police dogs, fire dogs, SAR dogs, or police horses
• Harassment of participant of neighborhood crime watch program
• Depriving crime victim of medical care
• Traveling across county lines with intent to commit a burglary
• Tampering with electronic monitoring device

A full list of these actions, along with descriptions and penalties, can be found at The 2018 Florida Statutes

Obstructing Justice in Florida | Tampa Criminal Defense Lawyers

Thanks. So it's possible for the Laundries to suffer an adverse effect if they use their Constitutional right to stay silent and also an adverse effect if they do not assert the right to remain silent.

Seems like a conflict to me. JMO.

 

[Deleted member 39678]

A Civil Litigator’s Guide to the Privilege Against Self-incrimination in Florida’s State and Federal Courts

The adverse inference arising from the act of exercising the privilege is neither evidence per se nor a presumption of liability; rather, it is a permissible deduction or conclusion from the lack of evidence proffered.80 The trier of fact may reject an inference or accord it such probative value as it sees fit.81 Once disposition of the case is at hand, often on a motion for summary judgment or at trial, the trier of fact must be mindful that adverse inferences are not a substitute for proof. The 11th Circuit has cautioned, “a dismissal following the assertion of the Fifth Amendment violates the Constitution where the inferences drawn from Fifth-Amendment-protected silence are treated as a substitute for the need for evidence on an ultimate issue of fact.”82 Courts may not allow an adverse inference to supply the sole evidence of an element of a claim for the purpose of approving a judgment against the party subject to the inference.83 When a judge is deciding the case, a summary judgment granted partly in reliance on an adverse inference would not be improper when other evidence corroborates the inference.84 If the case is put before a jury, courts must carefully educate the jury on the proper weight given such inferences.

Interesting link to Florida law about invoking the 5th Amendment in civil cases. I noticed that adverse inference from invoking the 5th is neither evidence or a presumption of liability and is not a substitute for proof.

A Civil Litigator’s Guide to the Privilege Against Self-incrimination in Florida’s State and Federal Courts

 

[acutename]

The Civil Case Cover Sheet states the complaint is for Negligence, not IIED.

Is that on a public cite? FL Courts?

 

[Deleted member 39678]

Is that on a public cite? FL Courts?

READ: Gabby Petito's parents lawsuit against Brian Laundrie's parents - East Idaho News

 

[MistyWaters]

I was just reflecting this morning about how it’s seems very sad, what should’ve a story-book romance between Gabby and Brian on their cross country adventure was instead overtaken by strife and conflict and ended very tragically - and now the parents have continued down that very same road, engaged in bitter animosity.

 

[Bopit]

Every time this case shows up on the news I'm reminded that BL didn't even know how big it would all get, and that he was dead long before most people even knew about the case, let alone that he was a potentially international fugitive and that everyone was looking for him. His "escape route" happened before he even knew they found her body, and that was by complete fluke. Perhaps it was just a guilty conscience but it's upsetting to know he'll never know how hated he became.

 

[LinasK]

I was just reflecting this morning about how it’s seems very sad, what should’ve a story-book romance between Gabby and Brian on their cross country adventure was instead overtaken by strife and conflict and ended very tragically - and now the parents have continued down that very same road, engaged in bitter animosity.

But that's just it. It wasn't the happy fairytale that Gabby portrayed when the cameras were turned off. Her video diary didn't include the domestic abuse that was taking place behind closed doors. It was all an illusion carefully edited, and I don't blame her family in the least for how they feel about the Laundries. We wouldn't have known about the domestic violence if not for the police bodycam footage and the witnesses to their fight in the Merry Piglets restaurant.

 

[Wallendo]

Reading the complaint, at times it seems as if much of the information comes from posts on this or a similar forum. It seems unlikely that the FBI would know the facts claimed by this lawsuit and not initiate criminal action. Arranging for someone who has admitted murder to leave the country to avoid prosecution would obviously raise red flags.

My gut feeling is that the Laundrie's were not told the truth by their son. If events went down as alleged by the lawsuit, would any parent tell their child, even if trying to protect them from prosecution, "Drive the victim's van home right now and park it in our driveway."

There were many theories on Websleuths about where Brian could be hiding out while trying to get out of the country. Even the wilder theories posted here made more sense than what actually happened. Their lawyer's advise, which seems to boil down to "Act naturally, say nothing ... and call me back if Brian gets arrested" may have protected his parents from criminal prosecution, but has really damaged their lives.

The vast majority of pain and suffering caused to GP's family was due to Brian's actions and yet his estate was not included in the lawsuit. He didn't have a big estate, but $20,000 is $20,000.

 

[Satchie]

I was just reflecting this morning about how it’s seems very sad, what should’ve a story-book romance between Gabby and Brian on their cross country adventure was instead overtaken by strife and conflict and ended very tragically - and now the parents have continued down that very same road, engaged in bitter animosity.

I would go even further: it would be no one else's business (including their parents) what their relationship was or wasn't, if BL hadn't taken that one step too far. And we have no idea what went on in his head at that moment.

Maybe it's inevitable that the reality of van life was never going to match the fantasy, or that the relationship between such extremely young adults wouldn't last. But IMO it's not inevitable that, whatever strife or conflict they were going through, there had to be that 'tragic ending', when the guy murdered her.

I doubt BL could have answered why he took that action, much less his parents, her parents, or the millions who have immersed themselves in the lives of these complete strangers.

All the court cases in the world won't answer that question, nor will money or hatred, or an unquenchable thirst for revenge.

There was a moment in time when BL turned savage and ruthless with immense consequences and everything after that, IMO, was just the aftermath, like the dust settling after a bomb has gone off.

JMO

 

[Skigirl]

I think this will entitle the Petitos to discovery so that they will be able to get communications between Laundrie and his parents, among other things. I suspect that the information is what they want.

 

[ZoriahNZ]

I'd be surprised if this survives a motion to dismiss. However, it will be interesting if they do make it to the discovery phase. I also suspect that this is more about trying to get as much information as they can about the death of their daughter. I don't think it will give them the closure they seek.

 

[LinasK]

I think this will entitle the Petitos to discovery so that they will be able to get communications between Laundrie and his parents, among other things. I suspect that the information is what they want.

Exactly!! It's not always about money. Sometimes it's about answers and accountability.

 

[KBlackRabbit]

I'd be surprised if this survives a motion to dismiss. However, it will be interesting if they do make it to the discovery phase. I also suspect that this is more about trying to get as much information as they can about the death of their daughter. <snip>.

I think so too and I hope the lawsuit moves forward and the Laundies will have to talk or box themselves in by taking the fifth.

As for the Petitos being bitter and angry, they have every right to be and more power to them.

 

[katydid23]

Sadly, the Petitos may just find a lot of horrible info that they might be better off not knowing. I totally understand their urge to try and discover it all. But will it really help anything?

 

[NCWatcher]

Reading the complaint, at times it seems as if much of the information comes from posts on this or a similar forum. It seems unlikely that the FBI would know the facts claimed by this lawsuit and not initiate criminal action. Arranging for someone who has admitted murder to leave the country to avoid prosecution would obviously raise red flags.

My gut feeling is that the Laundrie's were not told the truth by their son. If events went down as alleged by the lawsuit, would any parent tell their child, even if trying to protect them from prosecution, "Drive the victim's van home right now and park it in our driveway."

There were many theories on Websleuths about where Brian could be hiding out while trying to get out of the country. Even the wilder theories posted here made more sense than what actually happened. Their lawyer's advise, which seems to boil down to "Act naturally, say nothing ... and call me back if Brian gets arrested" may have protected his parents from criminal prosecution, but has really damaged their lives.

The vast majority of pain and suffering caused to GP's family was due to Brian's actions and yet his estate was not included in the lawsuit. He didn't have a big estate, but $20,000 is $20,000.

There were ex-FBI agents and people like John Walsh constantly saying BL was in Mexico or saying he was going to escape to Mexico. And Walsh swore up and down as late as about a week before BL's skeletonized remains were found that the parents were secretly funneling money to him so he could leave the US. JW's statements were very strong (albeit very wrong) as were the statements of several ex-agents.

I don't think that was ever the L's plan. And if it was, I'm not sure LE would know. But even if that was something the L's thought about and LE knew about (I don't buy that, but if), it's pretty clear the plan was never enacted. So I don't know if charges would be brought for a plan (or really probably more of an idea) that was never put into action. Every day tons of criminal cases are dismissed in plea bargains because there's not enough time or staff to try everyone charged with crimes. It's not as though the L's are likely to repeat that "idea crime" if it ever even happened the first time.

As to why BL's estate wasn't included in the civil suit-- it seems to me the estate and the L's aren't in the same position so including the estate in this suit would be tricky. More than one story would have to be told in a trial. And it seems like it would boil down to saying (in effect) "We texted and BL wouldn't call us back and tell us what was going on. He kept us in the dark. That was cold and uncaring." Kind of a weird thing for the P's to say given FBI concluded he killed their daughter. Cold and uncaring? No kidding. Would you expect anything different and if so, why? I also don't know how much of the $20K estate would have been up for grabs if there was a win against the estate. Certain expenses come off the top before any creditors (including from court) get into the act. Any funeral/burial/cremation expenses up to a certain amount, executor's fees, filing fees, charges for copies of things like letters testamentary, any taxes due (BL did work some in 2021), some legal expenses... It likely wasn't worth it.

I do think this case is partly to get information but I think it's also about getting money awarded as a way to punish the L's. Including BL's estate isn't likely to provide information and it can't provide much money. Including the estate as a defendant would also have the effect of reminding jurors who the real guilty party was and it wasn't RL or CL.

JMO

 

[KBlackRabbit]

Sadly, the Petitos may just find a lot of horrible info that they might be better off not knowing. I totally understand their urge to try and discover it all. But will it really help anything?

If I were them I’d want to know.

Has the money that BL stole from Gabby been repaid? Have her belongings been returned <modsnip>?

 

[NCWatcher]

Sadly, the Petitos may just find a lot of horrible info that they might be better off not knowing. I totally understand their urge to try and discover it all. But will it really help anything?

I agree. Courtrooms often aren't "victim friendly." Perhaps it won't end up in court but unless it gets to a certain point, they won't get information either.
JMO

 

[JusticeWaits]

I think this will entitle the Petitos to discovery so that they will be able to get communications between Laundrie and his parents, among other things. I suspect that the information is what they want.

Discovery would be allowed only if the lawsuit is allowed to proceed. I expect Laundries attorney to file a motion to dismiss, which I feel would be granted, since the complaint states as facts conjectures such as the Laundries knew Gabby had been murdered and were working to help him escape overseas.

 

[Deleted member 39678]

Discovery would be allowed only if the lawsuit is allowed to proceed. I expect Laundries attorney to file a motion to dismiss, which I feel would be granted, since the complaint states as facts conjectures such as the Laundries knew Gabby had been murdered and were working to help him escape overseas.

This lawsuit seems like a "fishing expedition" to have access to discovery that will then hopefully support the lawsuit. JMO.