Found Deceased WY - Gabrielle ‘Gabby’ Petito, 22, Grand Teton National Park, 25 Aug 2021 #85

[Nikynoo]

I saw the response wasn't filed until the 7th-- yesterday-- even though the deadline was supposed to be last week on Friday. Maybe with this judge deadlines are flexible but I always thought legal deadlines were set in concrete.

Not being an attorney I got awfully bogged down trying to read the response. (I found the defense papers much easier to read as a layperson and I felt I could understand the legal reasoning.)

Anyway, in trying to say the L's conduct was outrageous, the motion gives examples which have stood a court test for outrageousness (e.g., a doctor berating a patient [who couldn't talk due to a throat problem] in front of staff for nonpayment after patient was already undressed and robed for a throat x-ray) and some that failed a court test for outrageousness (e.g., calling an AA employee racial slurs, falsely accusing him of stealing, giving him more dangerous duties, taking away his break time, not allowing him to work with other AA employees, & firing him based on fake disciplinary records) Hmmm. Sounds pretty outrageous to me. But most examples (all, really) involved doing something-- even a denial of insurance coverage for a double lung transplant (another example that was considered outrageous but only because the company knew the person would die without a transplant and knew the patient also knew that.) So on the one hand, the pile of examples given made me feel like deciding an action is or isn't legally outrageous is like flipping a coin. And if that's true, how in the heck is an ordinary person supposed to know? And I'm not sure really what the argument was with all the examples except, "heck, nobody knows so why don't we say their actions were outrageous."

But I still don't see how failing to talk to someone is outrageous or how it's even an action. And at one point the motion states the L's "affirmatively chose to withhold information." I guess if a choice was involved that made it into an action? But at this point no proof has been offered that the L's knew GP was dead or knew where her body was, just that it is believed by the P's the L's knew. So is it up to the defense to prove they didn't have that information? How could they do that? How do you prove you didn't know something? I couldn't prove I didn't know where she was.
JMO

BBM. No, it is up to the Plaintiff to prove that the L's did know all that is alleged in the complaint. My guess is that the Plaintiff does not no for sure at this time, but is hoping that through discovery, they will glean information that supports their assertions.
@NCWatcher @Kristin Esq. if you can add the reply to the thread, I would be most grateful (cannot access the site from the UK).

 

[NCWatcher]

BBM. No, it is up to the Plaintiff to prove that the L's did know all that is alleged in the complaint. My guess is that the Plaintiff does not no for sure at this time, but is hoping that through discovery, they will glean information that supports their assertions.
@NCWatcher @Kristin Esq. if you can add the reply to the thread, I would be most grateful (cannot access the site from the UK).

Thanks @Nikynoo. I thought that's how the burden of proof ought to work in a case like this. And we can't know what we don't know, of course. But I'd be surprised if there was documentation that BL contacted the L's on (or around) Aug 28 to tell them he had "murdered" GP as the complaint asserts. If phone/text/email evidence of that confession existed, I'd think the FBI would have discovered it last fall probably before BL went missing. I suppose there could be something in the notebook ("After I told you both I had murdered Gabby on federal lands near Spread Creek, Wyoming you both said on Aug 28 you'd help me escape to a foreign country...")

I'm pretty sure your reply already appears on the main thread. If it doesn't I'm not sure how to move it. Sorry!

 

[Kristin Esq.]

BBM. No, it is up to the Plaintiff to prove that the L's did know all that is alleged in the complaint. My guess is that the Plaintiff does not no for sure at this time, but is hoping that through discovery, they will glean information that supports their assertions.
@NCWatcher @Kristin Esq. if you can add the reply to the thread, I would be most grateful (cannot access the site from the UK).

Here is the Reply.

 

[Nikynoo]

Thanks @Nikynoo. I thought that's how the burden of proof ought to work in a case like this. And we can't know what we don't know, of course. But I'd be surprised if there was documentation that BL contacted the L's on (or around) Aug 28 to tell them he had "murdered" GP as the complaint asserts. If phone/text/email evidence of that confession existed, I'd think the FBI would have discovered it last fall probably before BL went missing. I suppose there could be something in the notebook ("After I told you both I had murdered Gabby on federal lands near Spread Creek, Wyoming you both said on Aug 28 you'd help me escape to a foreign country...")

I'm pretty sure your reply already appears on the main thread. If it doesn't I'm not sure how to move it. Sorry!

No, I meant the reply filed with the court I agree if that sort of evidence existed, the FBI would have it AND the L's would have been charged with some kind of obstruction charge.

 

[Nikynoo]

Here is the Reply.

Thanks!

aaah, it won't load!

 

[Deleted member 39678]

Thanks!

aaah, it won't load!

I think the file is too big. I tried to link the page and that doesn't work either.

 

[Deleted member 39678]

No, I meant the reply filed with the court I agree if that sort of evidence existed, the FBI would have it AND the L's would have been charged with some kind of obstruction charge.

Or the Laundrie's could possibly be charged with accessory after the fact by Florida officials. We haven't seen any charges so I have a feeling there's no evidence to support they knew about Gabby's death, hid that fact from everyone and allowed BL to escape arrest. The related persons exception only applies to third degree felony's.

Under Florida Statute 777.03, the crime of Accessory After the Fact is committed when a person maintains, assists, or aids a person known to have committed a felony, intending for the person to avoid or escape detection, arrest, trial, or punishment for the felony.

Accessory After the Fact in Florida

In Florida, an Accessory After the Fact is a person who intentionally assists an unrelated person known to have committed a felony avoid or escape arrest, trial, or punishment.

www.richardhornsby.com

 

[Wallendo]

In the end, Gabby's family will need to put forward some evidence that the L's knew Gabby was dead, knew Brian "murdered" her, knew where her remains were located, and tried to make arrangements to get Brian out of the country. If they cannot do this, there is very little left about which to argue.

In my limited experience with civil cases, the plaintiffs are generally deposed first in order to prove that there was some kind of injury. The plaintiffs so far have been very quiet about whatever information they have in their possession. Obviously the defense will want Gabby's parents deposed first so that they can ask "How do you know these things you allege?"

If there is actual evidence, I personally would like to know about it since it would change my general perception of the case. I fear that even if this evidence exists, it will be kept from the public until a potential trial, and I am not sure a trial will actually take place - one or both sides may run out of money before the scheduled date in Summer 2023 (assuming it doesn't get pushed back further).

 

[NCWatcher]

Or the Laundrie's could possibly be charged with accessory after the fact by Florida officials. We haven't seen any charges so I have a feeling there's no evidence to support they knew about Gabby's death, hid that fact from everyone and allowed BL to escape arrest. The related persons exception only applies to third degree felony's.

Accessory After the Fact in Florida

In Florida, an Accessory After the Fact is a person who intentionally assists an unrelated person known to have committed a felony avoid or escape arrest, trial, or punishment.

www.richardhornsby.com

Thanks for the info. I guess it's possible (not plausible IMO but possible) the L's knew she was dead and knew BL killed her (never will I believe IF he told his parents, he said "I murdered Gabby" as the complaint alleges) but beyond knowing that they did nothing to assist BL in escaping, evading, and so forth except get him a lawyer. That conduct wouldn't be enough to qualify as an accessory after the fact based on my read of the statute you provided. They "sheltered" him I guess but he lived there. He wasn't hidden from LE there. Not turning a person in isn't a crime and paying for an attorney isn't either.

 

[borndem]

Just saw this:

Hearing In Gabby Petito's Family's Lawsuit To Be Held Wednesday​

Attorneys will argue whether the case against Brian Laundrie's family will move to a jury trial, according to a report.​

Peggy Spellman Hoey, Patch Staff

Posted Tue, Jun 21, 2022 at 12:13 pm ET|Updated Tue, Jun 21, 2022 at 3:10 pm ET\

VENICE, FLA. — Attorneys will square off in court on Wednesday afternoon in Florida during a hearing, as part of the lawsuit brought by the parents of native Long Islander Gabby Petito against the family of Brian Laundrie, to decide if the case should move forward to a jury trial next year.
[...]
A wrongful death lawsuit seeking damages for funeral expenses was also filed by Nicole Schmidt in May.
In a statement, Bertolino called the new lawsuit "fully expected" and will most likely "not be defended."
"The Petitos will have gained nothing more than a piece of paper that tells them what everyone already knows — which is that Brian was responsible for Gabby's death as indicated by the FBI," he added.
-----------------------------------------------
Much more & related references here:

Hearing In Gabby Petito's Family’s Lawsuit To Be Held Wednesday

Attorneys will argue whether the case against Brian Laundrie's family will move to a jury trial, according to a report.

patch.com

 

[SeesSeas]

Gabby Petito, Brian Laundrie case reaches court for first time: 5 things to know

The first hearing in the lawsuit filed by Gabby Petito’s family against the parents of Brian Laundrie will be held on Wednesday to determine if the case will proceed to a jury trial next year…

www.wfla.com

Updated: Jun 21, 2022 / 08:57 AM EDT
[...]

Camera access permitted in courtroom​

Per the rules of the courthouse, camera access is permitted at Wednesday’s hearing and throughout the trial. The hearing is scheduled to begin at 1:30 p.m. ET and last approximately one hour.

WFLA News Channel 8 will have a livestream of the hearing on our website, the WFLA app and our social media platforms.
[...]

 

[Kristin Esq.]

WFLA YouTube steam link:

https://twitter.com/x/status/1539620358902452224

 

[Emi]

https://twitter.com/x/status/1539644151880466433

https://twitter.com/x/status/1539630592433725443

https://twitter.com/x/status/1539622304086458368

 

[Deleted member 39678]

Gabby Petito murder: Brian Laundrie’s parents to skip Florida hearing on fate of civil lawsuit

The parents of slain woman Gabby Petito will face off in court against Brian Laundrie's family attorney as a judge works to determine whether the case will go to trial.

www.foxnews.com

The Petito-Schmidt families and their attorney will appear before Judge Hunter W. Carroll in a Sarasota County Circuit Court for the 1:30 p.m. hearing, which the Laundrie family attorney, Steven Bertolino, will attend virtually, Fox News Digital has learned. Laundrie’s parents, Chris and Roberta, will not be present in the courtroom and will also not appear virtually, Bertolino told Fox News Digital.

 

[Chelly]

I definitely will be watching the live stream today.

 

[bestill]

I definitely will be watching the live stream today.

Me too! Is anyone live streaming from the Laundrie's residence? You know they will be tuning in, but personally I think they should be in the court room. Can't wait to hear what the Petito's say about the timeline and when they believe the L's knew what happened.

 

[Chelly]

I've always wondered if Brian's parents provided him with the gun or were aware he had the gun he used to commit suicide. I believe Laundries knew exactly where Brian was hiding in the swamp and withheld that information from LE. JMO. Hope valuable new details are provided in hearing. Anyone else following?

 

[Chelly]

Me too! Is anyone live streaming from the Laundrie's residence? You know they will be tuning in, but personally I think they should be in the court room. Can't wait to hear what the Petito's say about the timeline and when they believe the L's knew what happened.

It would be great if Brian Entin returns to Laundries to tweet and video.

Not surprised Laundries refuse to appear in court. It is their nature to hide from public.

 

[Kristin Esq.]

 

[bestill]

Who will be representing the Laundrie's in court today?