Petito family: Evidence may change trajectory of case

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Gabby Petito interacting with a Moab police officer. Credit: MPD

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The Petito family’s case against the parents of Brian Laundrie is now continuing in court.

The Sarasota County Circuit Court is expected to make rulings regarding the civil lawsuit on Wednesday.

Judge Danielle Brewer will likely issue a ruling on whether Roberta Laundrie’s “burn after reading” can be considered potential evidence for Gabby Petito’s parents, Joe Petito and Nicole Schmidt.

The civil lawsuit was filed last year by Petito and Schmidt against the Laundries for intentionally inflicting emotional distress. Petito’s parents claim that the Laundries found out that Brian Laundrie murdered Gabby Petito and did nothing but release a statement through their attorney Steve Bertolino. Bertolino has been added as a co-defendant in the lawsuit.

The jury trial has been pushed to May 13, 2024, due to several pre-trial hearings on various motions.

The Wednesday hearing is expected to change the legal trajectory of the case.

Attorney Matthew Lukda filed a motion to block attempts by Petito’s parents to issue Roberta’s “burn after reading” letter to her son admissible as evidence.

Pat Reilly, Petito’s attorney, saw the letter when the FBI returned evidence to both families last year. Reilly says the letter contained references to a shovel, burying a body and helping Brian get out of prison.

Reilly argues the letter demonstrates Roberta Laundrie knew Brian murdered Gabby. Ludka says the letter isn’t dated and has no connection to the Petito case.

Roberta Laundrie wrote a letter to the court explaining why the letter had nothing to do with the Petito case.

“We would just prefer that the letter not be shared with anybody,” said Ludka after the hearing. “We expect that if the letter is produced in discovery, it would become public and some of the words that are in the letter could be construed certain ways and we would just prefer that it not be disclosed at all.”

Judge Brewer ruled in favor of Reiller’s argument to add Bertolino as a co-defendant (alongside Christ and Roberta Laundrie) earlier this year.

Bertolino served as Laundrie’s family attorney during Gabby Petito’s initial disappearance in 2021. He spoke on the family’s behalf and issued a statement expressing hope that Petito would be found. The statement has been a focal point of the lawsuit.

Bertolino has filed a motion to dismiss the second amended complaint that added him as a co-defendant to the lawsuit.

The Laundries filed a motion to dismiss their own last year, but it was denied by Judge Hunter W. Carroll.

Reilly filed a request in April to receive the Laundries financial records around the time of Petito’s disappearance and death. The court filings will seek records of Chris or Roberta making bank withdrawals of $10,000 or more.

Reilly has stated he is seeking any evidence to prove to a jury whether or not Chris and Roberta attempted to aid their son in the aftermath of Petito’s death.

Judge Brewer may issue a ruling on whether Petito and Schmidt should be granted the records on Wednesday.

Click here and here to follow the Petito lawsuit.

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