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

[bestill]

This case is bigger than some may think.. this could change the way the 5th amendment is interpreted.

Exactly! Precedent setting.

 

[Emi]

https://twitter.com/x/status/1539662591001505793

 

[Kristin Esq.]

MOO - the Judge is not dismissing this case.

 

[Chelly]

MOO - the Judge is not dismissing this case.

Agree. Judge is not making this appearance easy on Laundries atty who is clearly arguing case on constitutional rights.

 

[Emi]

https://twitter.com/x/status/1539668720959864833

https://twitter.com/x/status/1539668717163802625

https://twitter.com/x/status/1539668649027325952

 

[Deleted member 39678]

I didn't realize the judge must assume that the facts claimed by the plaintiff's are true in this motion to dismiss. With that in mind I think he will allow this case go to trial. JMO.

 

[Kristin Esq.]

I didn't realize the judge must assume that the facts claimed by the plaintiff's are true in this motion to dismiss. With that in mind I think he will allow this case go to trial. JMO.

Yes, the standard for all Motions to Dismiss is that the Judge assumes that all the facts alleged by the Plaintiff to be true, and then there needs to be another reason for the dismissal.

I think the Judge made a good point that the 5th Amendment right might be better as an Affirmative Defense.

 

[Kristin Esq.]

My opinion/thoughts only...

The Judge is questioning the Laundries' attorney about what crime they would be afraid of being accused of if they spoke. The attorney admitted that it would have been Brian Laundrie who committed the crime.

There was a warrant for Brian on the CC/Debit Card - if they help him escape, they'd be obstructing justice (and possibly something more - I'm not a criminal lawyer).

 

[Kristin Esq.]

Petito attorney up..

 

[Deleted member 39678]

The question by the Judge about what crime the Laundries committed that made using the 5th amendment valid is intresting. Is he saying the defendants must show they committed a criminal act?

 

[Chelly]

Is there a chance case will ultimately require representation by constitutional attorneys, or is that a stretch?

 

[Kristin Esq.]

I like that this Judge is fair - hard questions for both sides.

 

[Kristin Esq.]

The question by the Judge about what crime the Laundries committed that made using the 5th amendment valid. Is he saying the defendants must show they committed a criminal act?

Maybe this will help:

"Finally, the testimony must be self-incriminating, such that the information would provide a link in the chain of evidence needed to prosecute the individual for a crime. Thus, the information itself need not be incriminating; it suffices that the information would lead to the discovery of incriminating evidence."

What Does It Really Mean To “Take the Fifth”?

www.mololamken.com

 

[Kristin Esq.]

Is there a chance case will ultimately require representation by constitutional attorneys, or is that a stretch?

If this does make it to Trial, and the Petitos win, that's when appellate and constitutional attorneys will probably come into play, but don't quote me. MOO.

 

[Deleted member 39678]

Isn't the source of the statement made by the Laundries lawyer protected by attorney client privilege. Will the lawyer be forced to testify about his communication with his clients?

 

[Kristin Esq.]

Does anyone know offhand the date that the statement was made by Bertolino that they keep referencing in this hearing?

 

[Emi]

https://twitter.com/x/status/1539672599474581505

https://twitter.com/x/status/1539674431861100544

https://twitter.com/x/status/1539672464942325762

 

[Kristin Esq.]

Isn't the source of the statement made by the Laundries lawyer protected by attorney client privilege. Will the lawyer be forced to testify about his communication with his clients?

The attorney is the agent for his clients. He put out a public statement, there is no attorney client privilege there.

It's unlikely he will be forced to testify, because most of their communications will be protected by Privilege.

If Bertolino didn't put out this statement, there may not be a hearing right now. (MOO)

 

[Kristin Esq.]

The only reason Bertolino isn't a defendant is because he's not a citizen of the state of FL - said by the Petitos attorney

 

[bestill]

Does anyone know offhand the date that the statement was made by Bertolino that they keep referencing in this hearing?

Gabrielle Petito case: Boyfriend's family issues statement through lawyer

The family of the boyfriend of a 22-year-old Long Island woman who disappeared while on a cross-country road trip has issued a statement through a lawyer.

www.fox5ny.com

Sept 14, 2021