Gabby Petito's last known sighting inside Wyoming Whole Foods with Brian Laundrie
Security camera video from the Whole Foods in Jackson, Wyoming, shows Gabby Petito and her suspected killer Brian Laundrie browsing the shelves on Aug. 27, 2021 -- the last date she was seen alive.
An attorney representing Brian Laundrie’s parents is arguing in documents filed this week that a Florida court should deny Gabby Petito’s parents from adding the Laundries’ attorney, Steven Bertolino, to a civil lawsuit against them as it would "present an odd and prejudicial case to the jury."
In early December, Petito’s parents moved to add Bertolino to the lawsuit, alleging that it was "insensitive, cold-hearted and outrageous" for Bertolino to express the Laundrie family's "hope" that authorities would find Gabby's remains in September 2021.
Joseph Petito and Nichole Schmidt, Gabby's parents, originally filed the lawsuit against Christopher and Roberta Laundrie in early 2021, accusing the couple of knowing that their son murdered Gabby and being aware of the location of her remains but refusing to speak.
"When they did choose to speak, it was through statements issued by Steven Bertolino, including a statement on September 14, 2021 that it was the 'hope' of the Laundrie family ‘that the search for Miss Petito is successful and that Miss Petito is reunited with her family,’" Gabby's parents said in a statement on Dec. 6.
GABBY PETITO’S PARENTS ADD ATTORNEY STEVEN BERTOLINO TO LAWSUIT AGAINST BRIAN LAUNDRIE’S FAMILY
Brian Laundrie's parents, Chris and Roberta Laundrie, are seen outside their home in Sarasota County, Florida on Oct.19, 2022. (Mark Sims for Fox News Digital)
However, in a new filing Tuesday, an attorney representing the Laundries said Bertolino, "made the statement in response to multiple law enforcement inquiries for a response, to protect his clients from adverse publicity, and to calm media and protesters stationed outside their home."
"As rules of professional conduct permit, and it could be argued his duty to his clients compelled, Mr. Bertolino to make a statement in response to criminal and civil investigations as well as public pressure, and his comments should be privileged," the filing said.
The document also said that Bertolino should be omitted from the civil lawsuit as the "Laundries would also be extremely prejudiced by having a co-defendant who could not defend himself because he owes a duty of loyalty and confidentiality to them."
"Requiring Mr. Bertolino to sit on his hands at trial in order to navigate the various duties he owes to them would present an odd and prejudicial case to the jury," the filing said, adding that "by attempting to add Mr. Bertolino as a defendant, Plaintiffs are effectively invading the attorney-client privilege by putting Mr. Bertolino in an untenable conflict between his duty to his clients and his right to defend himself in a lawsuit."
Brian Laundrie, left, and Gabby Petito pictured in Moab police bodycam during an Aug. 12, 2021 domestic violence stop that led to her family's wrongful death lawsuit against Moab. (Moab Police Department)
In other new documents filed this week, the attorney representing the Laundries also asked Petito’s parents to produce materials relating to any interaction they had with Gabby, Brian and his parents from July 2, 2021 to Sept. 1, 2021, among other requests, for inspection, copying and testing.
Gabby Petito and Brian Laundrie were on a cross-country road trip in the summer of 2021 when she disappeared in late August. Laundrie returned to his family’s home in North Port, Florida, on Sept. 1, and Petito’s parents reported her missing on Sept. 11.
The civil lawsuit focuses on the statement that Bertolino released on the Laundries’ behalf on Sept. 14 as searches were taking place for Gabby Petito. It also accuses the Laundries of going on a camping trip in early September despite knowing that Brian Laundrie killed Gabby Petito and being aware of the location of her remains.
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A press conference is held by Gabby Petito's family in Salt Lake City on Nov. 3, 2022. (Fox News Digital)
Gabby Petito's body was found on Sept. 19, and a medical examiner ruled that her death was a homicide by manual strangulation and blunt-force trauma to the head and neck.
Brian Laundrie left his family's North Port home on Sept. 13 and went to Myakkahatchee Creek Environmental Park, where his remains were found on Oct. 20, 2021. He died of a self-inflicted gunshot wound.
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