Gabby Petito case LIVE — Vlogger’s mom breaks down in court as Brian Laundrie’s parents don’t attend trial

Heartbroken and in tears

Gabby Petito’s mom Nichole Schmidt was reportedly seen in tears while holding a heart-shaped locket around her neck.

Laundries ‘not required’ to share information

The Laundries’ lawyer Matthew Luka said in court today: “My argument is not that there was a privilege between Brian Laundrie and his parents, my argument is that even if Brian Laundrie conveyed information to his parents they do not have a requirement to speak, they do not have to share.”

‘Foundational right’ to remain silent

“People who are faced with difficult challenges have to make difficult choices and in our society it recognizes at its core that remaining silent or speaking through an attorney are foundational rights,” said Matthew Luka, the Laundries’ lawyer.

Petitos arriving in court

Prior to a hearing in their civil action against Brian Laundrie’s family, members of Gabby Petito’s family have appeared at the Sarasota County Circuit Court in Venice.

Both Jim and Nichole Schmidt and Joe and Tara Petito will attend the hearing in court.

Hearing to begin soon

A pre-trial hearing in the lawsuit is scheduled to take place at Sarasota County Circuit Court in Venice, Florida, on Wednesday afternoon.

It’s scheduled to begin at 1.30pm.

Was Gabby Petito pregnant?

Gabby’s autopsy confirmed that she was not pregnant at the time of her death.

Online sleuths had speculated that Gabby may be pregnant after discovering a Pinterest board titled: “Oh Baby”.

The board was also shared by Brian Laundrie’s mom, the International Business Times reports.

The page contains several links to items of clothing that were previously for sale including onesies and crocheted bibs.  

There are several snaps of toddlers playing on the beach and cute family photos.

Parents entering the courtroom

Nicole Schmidt and Joe Petito were seen entering the courtroom for the pretrial.

When is the hearing?

The first hearing is set for today, and it will determine whether or not the case will proceed to a jury trial in 2023.

The pre-trial hearing will take place at Sarasota County Circuit Court in Venice, Florida, and is scheduled for this afternoon.

The hearing is scheduled to begin at 1:30pm, according to WFLA.

It is set to last approximately one hour.

‘Her final resting place’

Gabby Petito’s family traveled to Wyoming where her remains were found near Grand Teton National Park on September 19.

“It almost felt like her home. Her final resting place,” Gabby’s mom, Nichole Schmidt, told Dr Oz on an episode of the show featuring Gabby’s parents and step-parents.

“Such a beautiful, peaceful place to be. And we went there to bring her home and that’s what we did.”

Where were Brian Laundrie’s remains found?

Brian Laundrie’s remains were officially identified on October 21, 2021, after a long search at Myakkahatchee Creek Environmental Park.

The FBI released a statement after it was confirmed on October 21 that the human remains found in the search for Brian were bones.

The statement read: “On October 21, 2021, a comparison of dental records confirmed that the human remains found at the T. Mabry Carlton Jr. Memorial Reserve and the Myakkahatchee Creek Environmental Park are those of Brian Laundrie.”

Gabby Petito’s dad at her funeral, continued

“And she’s inspired a lot of women and a lot of men to do what’s best for them first. Put yourself first and do it now while you have the time. I couldn’t be more proud as a father,” he added.

Joe also warned women in toxic relationships to “leave now” so that way this tragedy does not happen to them.

Just days after, the family then held a press conference, where Nicole showed off matching tattoos that were designed by Gabby prior to her death.

On October 3, 2021, Gabby’s family announced that they had launched the Gabby Petito Foundation in honor of their late daughter.

Gabby Petito’s dad at her funeral

On September 26, the Petito family held a memorial service for Gabby to lay her to rest following the autopsy results.

At the service, her father Joe said that he wanted people to be “inspired” by the life she embodied.

“So when you leave here today, be inspired by what she brought to the table because the entire planet knows this woman’s name now,” he said.

Who is going to testify?

If the case proceeds to a trial, Gabby Petito’s parents and Brian Laundrie’s parents are all on the shortlist to testify, according to an initial witness list released last month.

Representatives from the North Port Police Department and the FBI are also on the so-called “wish list” of people who may be called upon to testify in the case.

The list is as follows, according to WFLA:

• Joseph Petito (Gabby Petito’s father)
• Nichole Schmidt (Gabby Petito’s mother)
• Tara Petito (Gabby Petito’s stepmother)
• James Schmidt (Gabby Petito’s stepfather)
• Christopher Laundrie (Brian Laundrie’s father)
• Roberta Laundrie (Brian Laundrie’s mother)
• Representatives of the Federal Bureau of Investigation (Names not specified)
• Representatives of the North Port Police Department (Names not specified)

Bertolino says claims are ‘baseless under the law’

The Laundrie’s attorney, Steve Bertolino, says Chris and Roberta had been cooperative throughout the investigation.

He also claims that their right to remain silent is protected by the US Constitution, saying, “the Laundries have not publicly commented at my direction, which is their right under the law.”

“Assuming everything the Petitos 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,” Bertolino said in March 2022.

“This fundamental legal principle renders the Petitos’ claims to be baseless under the law.”

Laundrie parents’ alleged ‘lack of cooperation’

Chris and Roberta Laundrie remained silent throughout the investigation into Gabby Petito’s disappearance.

They were never charged by authorities as the FBI continued to investigate Petito’s death.

North Port Police spokesperson Josh Taylor told WFLA last October that there was a “lack of cooperation from the [Laundrie] family early on.”

Lawsuit evidence from Gabby’s parents

The lawsuit in question claims that Brian Laundrie told his parents that he murdered Gabby Petito on or about August 28, 2021.

“It is believed, and therefore averred that… Brian Laundrie advised his parents, Christopher Laundrie and Roberta Laundrie, that he had murdered Gabrielle Petito,” the lawsuit states, according to WFLA.

“On that same date, Christopher Laundrie and Roberta Laundrie spoke with Attorney Steve Bertolino, and sent him a retainer on Sept. 2, 2021.”

The lawsuit does not include the alleged evidence Petito’s parents claim to have.

When did the Gabby Petito documentary air?

A documentary about the disappearance and death of Gabby, The Murder of Gabby Petito: Truth, Lies and Social Media, was released on December 17, 2021.

It was released on NBC’s streaming service, Peacock.

Gabby’s body found in September

On September 19, 2021, authorities in Wyoming announced a body was found in the area where the search for Gabby Petito had been taking place.

The Petito’s lawyer later confirmed on September 21 that the body was identified as Gabby’s.

The remains were discovered in Grant Teton National Park, where she had been camping with her fiancé Brian Laundrie when she disappeared.

“I want to personally thank the press and news media for giving the Petito and Schmidt family time to grieve,” lawyer Richard Stafford said in a statement at the time.

‘I hope she did not suffer’

In a heartbreaking interview with 60 minutes, Gabby Petito’s distraught mom Nichole said of her daughter’s death: “I hope she did not suffer and she was not in any pain.”

“That she was in a place she wanted to be, looking at the beautiful mountains.”

She added: “You never, ever think it is going to be yours. It is surreal.”

How did Brian Laundrie die?

The District 12 Medical Examiner’s office reported its results in November, confirming that Brian Laundrie died by suicide from a single gunshot wound to the head.

“Chris and Roberta Laundrie have been informed that the cause of death was a gunshot wound to the head and the manner of death was suicide,” Laundrie family attorney Steven Bertolino told The Sun.

“Chris and Roberta are still mourning the loss of their son and are hopeful that these findings bring closure to both families.”

Gabby Petito’s cause of death

On September 21, 2021, Teton County Coroner Dr Brent Blue confirmed that Gabby Petito died as a result of a homicide.

On October 12, 2021, the official autopsy report was released by Teton County revealing that Gabby’s cause of death was strangulation.

What Brian Laundrie told his parents, continued

It is also unknown why the Laundries “didn’t return” Gabby’s mom’s texts as she was desperately trying to find her daughter.

Nichole Schmidt says she tried to communicate with Chris and Roberta Laundrie after she lost contact with Gabby in late August.

Gabby Petito last spoke to her family on August 25 as she and her fiancé Brian reached Grand Teton National Park in Wyoming.

It’s not known if the Laundries’ deliberately ignored the texts and calls.

What Brian Laundrie told his parents

Brian Laundrie’s parents initially gave the police the wrong date of their son’s disappearance.

The family’s attorney revealed that the Laundries provided investigators with the incorrect date for his alleged disappearance into the Carlton Reserve in September.

Laundrie “left to hike in the preserve” on Monday, September 13, not Tuesday, September 14 as originally shared, their lawyer revealed.

Steven Bertolino wrote in a text response to anchor Josh Benson from WFLA in Florida, “The Laundries were basing the date Brian left on their recollection of certain events.”

Petito’s family is seeking damages

If the case is not dismissed after it goes to a pre-trial hearing today, it is expected to head to trial sometime next year.

Petito’s family is seeking damages of at least $100,000, according to FOX-13 Tampa Bay.

‘It’s a very hard case’

Tampa attorney and legal expert Anthony Rickman, who isn’t involved in this lawsuit, told FOX-13 Tampa Bay that whether or not the Laundries knew weeks earlier that Brian had killed Gabby would be vital to the Petitos’ case.

“The First Amendment protects free speech, but it also gives a citizen the right not to talk,” Rickman said.

“[The Laundries] are not invoking the right to remain silent [by releasing a statement]. They’re actually saying something through their attorney, which the Petitos are going to argue caused them severe emotional distress.”

“And I think, if anything, if they had any strong point in their case, although it’s a very hard case, that would be it.”