Laundrie Attorney Calls Petito Family's Lawsuit 'Frivolous': Report

LONG ISLAND, NY — An attorney for Brian Laundrie's family filed a motion to dismiss a civil lawsuit by the parents of slain Long Islander Gabby Petito on Wednesday, Fox News has reported.

A 20-page motion was filed asking a Florida judge to drop the lawsuit with prejudice under the argument that there aren't any facts to support the claims that emotional distress was intentionally inflicted on Petito's family, the outlet reported. East Islip attorney Steven Bertolino asked a judge to prevent the family's lawyers from filing an amended lawsuit in the event his dismissal request is granted, according to Fox.

A lawsuit was filed earlier this month in Sarasota County by Petito's father, Joseph Petito, who lives in Florida, and her mother, Nichole Schmidt of Blue Point, alleging that around Aug. 28 Laundrie informed Christopher and Roberta Laundrie of the slaying and on that same date, they spoke with Bertolino, then retained him on Sept. 2, WFLA.com first reported.

The lawsuit did not include evidence to back up the allegations, according to the outlet.

In his motion, Bertolino says the Laundries "exercised their constitutional rights and essentially made no statements to plaintiffs or law enforcement," adding, "While the [Petito-Schmidt families] allege some facts, those facts could never establish a claim for intentional infliction of emotional distress because the Laundries’ ‘actions’ were legally permissible, constitutionally protected, not outrageous, and do not give rise to any cause of action," according to Fox.

Bertolino goes on to write that the lawsuit's "failure to state a cause of action in the complaint provides ample basis to conclude that the plaintiffs would not be able to add the missing — but required — information if provided with another opportunity to bolster their allegations."

Bertolino could not be immediately reached for comment.

Bertolino called the lawsuit "baseless and frivolous" and said the Laundries cannot be held liable for exercising their legal right to remain silent," Fox reported.

"The Laundries have exercised their constitutional right to refrain from speaking and have relied on counsel to speak for them," he told the outlet. "This is not only common practice in our civilized society, but it embodies the exercise of fundamental rights under the United States and Florida Constitutions."

Bertolino went on to say the Laundries' legal counsel, which includes himself and the Tampa-based law firm of Trombley and Hanes, are "confident that the constitutional rights of all citizens of this country will be protected by the dismissal of this lawsuit," Fox reported.

A spokesman for the Petito/Schmidt family could not be immediately reached for comment.

The Petito/Schmidt lawsuit alleges the Laundries knew their son murdered Petito and the pair had plans to help him go on the run outside of the United States, WFLA.com reported.

Petito, a Blue Point native, disappeared in August on a cross-country trip with Laundrie, her fiancé, who returned to his parents' home in Florida in her van on Sept. 1, but without her. After a frantic interstate search, involving multiple law enforcement agencies, Petito was found strangled to death near Grand Teton National Park in Wyoming on Sept. 19 — eight days after she was reported missing by her mother.

In their lawsuit, Petito's family claims there was also evidence of blunt force injuries to her head and neck, WFLA.com reported.

Not long after his arrival in Florida, Laundrie, who had refused to speak with police after Petito was reported missing, drove to a nearby nature preserve where investigators believe he shot himself in the head, and his partial remains were found about one month later.

In January, the Federal Bureau of Investigation announced Laundrie admitted to slaying Petito in a notebook found near his remains.

The Petito/Schmidt family lawsuit claims Laundrie texted back and forth between his phone and Petito's after her death "in an effort to hide the fact that she was deceased," and mentions a text he is believed to have sent to Schmidt on Aug. 27 that refers to Petito's grandfather by his first name, Stan, WFLA.com reports. Schmidt has stated in previous interviews that Petito never would have called him by his first name and at the time, it concerned her.

The lawsuit also mentions a text believed to be sent by Laundrie to Schmidt as he pretended to be Petito, claiming there was no service in Yosemite "in an effort to deceive her," according to the outlet.

Petito's family has previously said there was no communication between them and the Laundries, and in their lawsuit, they highlight how the family would not answer questions from them or law enforcement about Petito's disappearance and how they went camping at Fort DeSoto Park "while Gabrielle Petito's family was suffering," WFLA.com reported.

The lawsuit also claims that Roberta Laundrie blocked Schmidt's phone number and blocked her from messaging on Facebook around the time her daughter was reported missing, according to the outlet.

Another key part of the lawsuit is that Petito's parents believe the Laundries were planning to help their son leave the U.S., WFLA.com reported.

"While Joseph Petito and Nichole Schmidt were desperately searching for information concerning their daughter, Christopher Laundrie and Roberta Laundrie were keeping the whereabouts of Brian Laundrie secret, and it is believed they were making arrangements for him to leave the country," the lawsuit states.

The lawsuit accuses the Laundries of "malice or great indifference to the rights of" Petito's family, WFLA.com reported.

"Christopher and Roberta Laundrie exhibited extreme and outrageous conduct which constitutes behavior," that "goes beyond all possible bounds of decency and is regarded as shocking, atrocious, and utterly intolerable in a civilized community," according to the lawsuit obtained by the outlet.

The lawsuit seeks at least $100,000, and states that Petito and Schmidt suffered pain and mental anguish as a result of the "willfulness and maliciousness" of the Laundries, WFLA.com reported.

In a statement after the lawsuit was filed Bertolino said: "As I have maintained over the last several months, the Laundries have not publicly commented at my direction, which is their right under the law. Assuming everything the [Petito/Schmidt family] allege in their lawsuit is true — which we deny — this lawsuit does not change the fact that the Laundries had no obligation to speak to law enforcement or any third party including the Petito family."

"This fundamental legal principle renders the [Petito/Schmidt family's] claims to be baseless under the law," he added.

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Tiffany Razzano contributed additional reporting to this story.