A new motion to dismiss the lawsuit brought by Gabby Petito’s family against the Laundrie family and their lawyer, Steve Bertolino, for allegedly causing emotional distress after Gabby’s death, has been filed by the Laundries’ attorneys. The lawsuit was originally filed by Joseph Petito and Nichole Schmidt against Christopher and Roberta Laundrie in March, and in December they asked the court to add Bertolino to the complaint. The crux of the case revolves around a statement released by Bertolino to the media on Sept. 14, 2021, which was originally believed to be about a missing person. The plaintiffs’ motion to dismiss was previously denied by the judge in the summer.
Laundrie Family Attempted to Keep Quiet
The statement reads:
“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.”
Family believed to know where Gabby’s body was
According to the motion written by attorney Matt Luka, two days after Bertolino’s statement, Richard Stafford, the attorney for the Petito family from New York, issued a statement to the Laundries. It stated: “We believe you know the location of where Brian left Gabby.” The motion continues, “At that time, it is clear that the Plaintiffs did not interpret Mr. Bertolino’s statement as implying that Ms. Petito was still alive.”
Moreover, an FBI-led search effort uncovered her remains at a Wyoming campground on Sept. 18. The new motion to dismiss also includes two new arguments from the Laundrie lawyers.
“1) Mr. Bertolino’s statements are privileged, so the Laundries cannot be liable for them,” the filing reads. “And 2) the allegations against Mr. Bertolino render the allegations against the Laundries implausible.”
The Laundrie family were due back in court Tuesday morning.
Laundrie left his parents’ house on Sept. 13 and is believed to have killed himself in the Myakkahatchee Creek Environmental Park. Investigators didn’t find his remains until Oct. 20 after floodwater receded.
Brian Laundrie confessed before killing himself
A notebook with a handwritten confession was found by the FBI near the remains of Brian Laundrie. In it, he admitted to taking Gabby Petito’s life. Laundrie wrote that he believed it was a merciful act that she wanted, but he now realizes he made mistakes and panicked. The Teton County coroner concluded that Petito died from manual strangulation and blunt-force trauma, and ruled her death a homicide. Laundrie had left her body in the brush near a campsite they had shared in late August before driving back to Florida in Petito’s van and arriving at his parents’ home on September 1st.
Petito’s mother, Nichole Schmidt, reported her missing on Sept. 11 after nearly two weeks trying to contact her daughter to no avail.
In the 10 days between Laundrie’s return home and the missing person report, he went camping with his family at a beach south of St. Petersburg and said nothing publicly about her whereabouts.
Just days earlier, the couple was involved in a domestic violence stop in Utah – where a witness reported seeing Laundrie hitting Petito and trying to steal her phone outside a grocery store. Police ultimately split the couple up for the night and filed no charges. A decision that led Petito’s parents to file a separate wrongful death lawsuit against the Moab Police Department.
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