Laundrie, Petito Family Attorneys Call Off FL Court Hearing

SARASOTA, FL — In the ongoing Florida lawsuit between the families of murder victim Gabby Petito and her killer, Brian Laundrie, who later took his own life, a court hearing set for Tuesday was canceled.

An attorney for the Petito family withdrew his motion to force Laundries' former legal counsel to reveal their private conversations. Patrick Reilly was seeking the testimony of attorney Steven Bertolino, who represented Laundrie and his family in the aftermath of Petito's disappearance, as part of their lawsuit seeking compensation for emotional distress.

The Petito family lawsuit claims the Laundries and Bertolino were aware of Petito's death despite releasing a statement that appeared to indicate she was still alive.

Bertolino has argued his conversations with Laundrie were protected by attorney/client privilege. In a statement to Patch, Bertolino said "the motion was not supported by the law or the facts."

"Had attorney Reilly researched the law he would have known this before he filed the motion," Bertolino said. "Pat Reilly got the publicity he wanted from filing the motion, but once my attorneys filed a substantively superior response, he had little choice but to withdraw it."

A hearing scheduled on the motion was canceled Tuesday because it was withdrawn, according to Bertolino.

Recently Bertolino said the Florida couple have received death threats and claims the "severe emotional distress" Petito's family has cited in their lawsuit was "pre-existing," Fox News reported.

Petito's parents, Joseph Petito and Nichole Schmidt, have sued Christopher and Roberta Laundrie, as well as their former attorney, Bertolino, for emotional distress, alleging the Laundries knew Gabby was dead and gave false hope of her being alive when they released a statement during the investigation into her disappearance. The family argues the Laundries also tried to help their son run from the law.

Gabby Petito, a vanlife blogger from Long Island, New York, was reported missing by her mother on Sept. 11, 2021, after contact was lost with her family during a cross-country trip that ended near Grand Teton National Park in Wyoming.

Brian Laundrie, her fiancé, strangled her to death and left her body at a Wyoming campsite in August 2021 while they were on a cross-country trip.

Last week, Reilly told a news outlet the Petito family will consider a settlement in their lawsuit against the Laundrie family and attorney, NewsNation reported.

"We would consider a settlement, but it would have to be under the right terms, and no one has proposed proper terms or right terms for the family at this particular point in time. But a settlement is always a possibility," Reilly told NewsNation.

Reilly talked to the network in response to recent court filings in which he claims Laundrie made a phone call to his parents, telling them that "Gabby's gone" and he needed a lawyer.

The emotional distress lawsuit is "really the only cause of action we could bring against Christopher and Roberta Laundrie," Reilly told the network.

The Laundries' statement hoping that Gabby would be reunited with her family was viewed to mean she's alive and a happy reunion was possible, Reilly added.

"At the time they made that particular statement, they knew that she was deceased. And they had known that for about two weeks and kept quiet for that two-week period, despite the pleas from the family to help find her," he said.

Related:

• Laundrie Family Received Death Threats, Attorney Says In Lawsuit
• Before Gabby Petito Listed As Missing Laundrie Hired Lawyer: Report

Bertolino has previously expressed interest in a settlement, though Reilly declined to discuss any details, according to reports.

Investigators have concluded Petito died around Aug. 28, 2021. Her remains were found on Sept. 19, 2021, eight days after she was reported missing by Schmidt in her hometown of Suffolk County, New York.

Laundrie drove home alone to his parents' house in Florida. Amid the massive search for Petito involving multiple law enforcement agencies, Brian Laundrie refused to speak with investigators. As the investigation into her disappearance was unfolding, footage surfaced from police bodycams showing Petito sobbing after a physical fight she had with Laundrie outside a restaurant in Utah.

Laundrie later took his own life, shooting himself in the head in a Sarasota County park in September of 2021. A notebook found near his remains a month later contained his confession, admitting to strangling Petito after she fell into a ravine and was severely injured, according to the FBI.

In the two years since Petito died, her family started a foundation in her name that advocates for both domestic violence victims and the families of missing persons.

Related Stories:

• Witness List Updated For Petito, Laundrie Trial In Florida
• Gabby Petito's Parents Add Laundrie Attorney To Lawsuit
• $50M Petito Lawsuit Against UT Cops A 'Stunt,' Lawyer Says
• Laundrie's Mom Offered To Bake Cake With Shiv For Son
• Petito Parents Win $3M Wrongful Death Case Vs. Laundrie Estate: Report

Story includes reporting by Patch Editor Peggy Spellman Hoey on Long Island.