Gabby Petito case - Dude comes back from couple's cross-country road trip; she's missing, he's silent

[Carl Spackler 3492]

2 hours ago, chainsaw said:

Is "false hope" the same thing as distress? Seems like a bunch of ER and cancer docs would be on the hook for the same.

Now you've done it -- all Texas fans are going to think they can sue over the state of the football program for the last 12 years or so in light of the recruiting ratings over the same period of time.  Come to think of it, that might actually have some merit.  

 

I wouldn't think they are the same thing.  I suspect Gabby's parents would say that the giving of false hope caused their distress once they realized that the statement was made when the Laundries knew Gabby was dead.  

 

 

[Hermanator 7131]

This seems like a easily tossed case unless there's non circumstantial evidence they knew before the statement. 

[TwiceHorn 31528]

20 minutes ago, Hermanator said:

This seems like a easily tossed case unless there's non circumstantial evidence they knew before the statement. 

If they can't generate evidence of the knowledge that Petito was dead, then yeah, it may be tossed on summary judgment.

I finally read the judge's opinion.  It's damned good, I'm impressed.

As Spackler points out, the judge at this stage has to assume all facts alleged by the plaintiffs are true, even though the critical ones are subject to proof and may be very difficult to prove.

They key here in finding the statement to be  sufficiently outrageous to sustain the claim, the judge focused on the context, which included multiple pleas by the Petitos via facebook, text message and attorney letter to the Laundries asking that they reveal the location of the body. Thus knowing that they were vulnerable to false hope, if they made that statement knowing she was dead, it is sufficient to satisfy the outrageous conduct prong of it.

The judge even addressed the implications of the ruling and suggested that the holding was pretty fact-bound and unique circumstances.

[Bookman 4639]

Even if the son said he killed her the parents still wouldn't "know" she was dead.

[chainsaw 9873]

9 hours ago, TwiceHorn said:

If they can't generate evidence of the knowledge that Petito was dead, then yeah, it may be tossed on summary judgment.

I finally read the judge's opinion.  It's damned good, I'm impressed.

As Spackler points out, the judge at this stage has to assume all facts alleged by the plaintiffs are true, even though the critical ones are subject to proof and may be very difficult to prove.

They key here in finding the statement to be  sufficiently outrageous to sustain the claim, the judge focused on the context, which included multiple pleas by the Petitos via facebook, text message and attorney letter to the Laundries asking that they reveal the location of the body. Thus knowing that they were vulnerable to false hope, if they made that statement knowing she was dead, it is sufficient to satisfy the outrageous conduct prong of it.

The judge even addressed the implications of the ruling and suggested that the holding was pretty fact-bound and unique circumstances.

They're only going after false hope that's deeply rooted in ancient traditions?

[Gatorubet 30286]

10 hours ago, Bookman said:

Even if the son said he killed her the parents still wouldn't "know" she was dead.

Reasonable under the circumstances, not iron clad proof.  If the girl is missing and weird acting kid says he killed her, I’m gonna go with that.  Unless performance art was his major. 

[chainsaw 9873]

1 hour ago, Gatorubet said:

Reasonable under the circumstances, not iron clad proof.  If the girl is missing and weird acting kid says he killed her, I’m gonna go with that.  Unless performance art was his major. 

[shadow_operative2.0 16019]

Oops. 

 

[tokamak 6433]

So she not only offered to help him bury the body, but she put it down in writing?

[Brisketexan 105257]

4 minutes ago, tokamak said:

So she not only offered to help him bury the body, but she put it down in writing?

I mean....if true....she probably shouldn'ta done that.

[Pescado_Rojo 19428]

[Laxtonto 12090]

20 minutes ago, tokamak said:

So she not only offered to help him bury the body, but she put it down in writing?

 

15 minutes ago, Brisketexan said:

I mean....if true....she probably shouldn'ta done that.

 

That family should burn for this... is there any way for some form of criminal charges for the parents in all of this? The civil trail seems to be a pretty big slam dunk now.

[Deej 76896]

[rage-a-holic 4449]

The Laundrie attorneys are saying the letter was written prior to the trip, after Brian told his mom about Gabby raging on him. Apparently they have proof of prior incidents where Gabby went off on Brian.

[Fudge Nuggets 19211]

12 hours ago, rage-a-holic said:

Apparently they have proof of prior incidents where Gabby went off on Brian.

So?  It's not like the victim here was a pedo that probably deserved to get offed.

[DigglerontheHoof 21212]

12 hours ago, rage-a-holic said:

The Laundrie attorneys are saying the letter was written prior to the trip, after Brian told his mom about Gabby raging on him. Apparently they have proof of prior incidents where Gabby went off on Brian.

So, premeditated?  Cool, lock 'em up for conspiracy. 

[Fudge Nuggets 19211]

[chainsaw 9873]

12 hours ago, rage-a-holic said:

The Laundrie attorneys are saying the letter was written prior to the trip, after Brian told his mom about Gabby raging on him. Apparently they have proof of prior incidents where Gabby went off on Brian.

[Gatorubet 30286]

Mr. Bertolino may be speaking to the Florida Bar grievance peeps soon.   Their definition of offenses is way broad. Not like Louisiana where you “can’t put chicken and seafood in the same gumbo”.… or “kill people less they need some Killin.

history provided in West Law as of 1/1/10.
RULE 3-4.3 MISCONDUCT AND MINOR MISCONDUCT
The standards of professional conduct required of members of the bar are not limited to the observance of rules and avoidance of prohibited acts, and the enumeration of certain categories of misconduct as constituting grounds for discipline are not all-inclusive nor is the failure to specify any particular act of misconduct be construed as tolerance of the act of misconduct. The commission by a lawyer of any act that is unlawful or contrary to honesty and justice may constitute a cause for discipline whether the act is committed in the course of the lawyer’s relations as a lawyer or otherwise, whether committed within Florida or outside the state of Florida, and whether the act is a felony or a misdemeanor.
Amended July 23, 1992, effective Jan. 1, 1993 (605 So.2d 252), amended November 9, 2017, effective February 1, 2018 (234 So.3d 632).
 

If search and rescue resources that cost $ and time and some risk to the searchers could have been avoided sans lies, maybe that is a thing.  

Edited February 16, 2023 by Gatorubet

[NorthLoop 14222]

17 hours ago, Pescado_Rojo said:

Literally the first thing that popped into my head

[Gatorubet 30286]

I have one more hung over thought;

if their little shit son was contemplating killing his girlfriend, getting a letter from mom that shows some support for the concept and an offer to help hide the body may have helped push the kid in that direction.

The parents now say the letter was written before she was killed. Maybe his mental state was so fragile and messed up that mom’s endorsement was the proverbial last straw. 

[freyguy 4284]

15 hours ago, rage-a-holic said:

The Laundrie attorneys are saying the letter was written prior to the trip, after Brian told his mom about Gabby raging on him. Apparently they have proof of prior incidents where Gabby went off on Brian.

[rage-a-holic 4449]

4 hours ago, Fudge Nuggets said:

So?  It's not like the victim here was a pedo that probably deserved to get offed.

uh, where did I opine that she deserved death?

I just posted additional info that was omitted from the linked story.

[Fudge Nuggets 19211]

15 minutes ago, rage-a-holic said:

uh, where did I opine that she deserved death?

I just posted additional info that was omitted from the linked story.

You didn’t but the author of the linked article doesn’t post here. 

[Nice Guy Eddie 13521]

17 hours ago, rage-a-holic said:

The Laundrie attorneys are saying the letter was written prior to the trip, after Brian told his mom about Gabby raging on him. Apparently they have proof of prior incidents where Gabby went off on Brian.

Not a lawyer but a body disposal letter from mom, seems to be worse if it was written BEFORE the murder than afterwards. While wrong, I can understand a parent's immediate, unwise inclination to help their child cover up a crime.

Edited February 16, 2023 by Nice Guy Eddie

[rage-a-holic 4449]

6 minutes ago, Nice Guy Eddie said:

Not a lawyer but a body disposal letter from mom, seems to be worse if it was written BEFORE the murder than afterwards. While wrong, I can understand a parent's immediate, unwise inclination to help their child cover up a crime.

I am guessing the letter was more like: at some point before the trip Brian tells his mom Gabby went nuts and threatened to stab/shoot/kill him, protective mom replies she'll bring a shovel to help bury her if that happens.

[crash_davis 23114]

Best case, he was venting to his mom that Gabby is a bitch who likes to hit and the Mom jokingly said that she would help him bury the body. Which doesn't seem that bad except for the "burn after reading" part. That makes it seem like it's more than a joke.

Worst case, his mom knew that he was going to probably kill her at some point. His mom gave him her approval of the act and offered to help him hide the body. And then helped him elude the cops. 

 

That whole family probably needs to be shot.

Edited February 16, 2023 by crash_davis

[DixonHur 11358]

So I take it he didn't burn the letter?

[Nice Guy Eddie 13521]

Another family lawyer has the letter so its doubtful it will disappear.

Unless there is an unexplained fire at that firm's office as detailed in another letter from the mom to the dad, titled "toss this into the building after setting the building on fire"

[shadow_operative2.0 16019]

And the FBI has already seen it, they were the ones that had to give it to the defense team.