Florida Judge Invokes Johnny Depp Verdict During Hearing of Gabby Petito's Family Lawsuit Against Brian Laundrie's Parents

A Florida judge invoked the high-profile case between Johnny Depp and his ex-wife, Amber Heard, during a hearing on a civil lawsuit filed by Gabby Petito's parents against Brian Laundrie's parents.

Johnny Depp and Amber Heard have battled over a 2018 op-ed the actress wrote for the Washington Post, calling herself a domestic violence survivor.

The piece did not mention Depp by name, but the actor claimed he was booted from the "Pirates of the Caribbean" franchise due to the "clear implication" that he was the abuser in his ex-wife's op-ed.

Depp also alleged that Heard was the actual "perpetrator" of the violent encounters that damaged their relationship. He asked for $50 million in damages.

The "Aquaman" actress countersued for $100 million, claiming Depp's attorney defamed her by calling her abuse allegations a hoax.

While the jury sided with Johnny Depp in the majority of the cases in the civil lawsuit, they did hand Amber Heard one victory, which is the one based on the comments made by one of the actor's lawyers.

Could Brian Laundrie's Parents Be Liable for the Remark of Their Attorney Like Johnny Depp?

During Wednesday's hearing, Judge Hunter Carroll, who is overseeing the civil lawsuit filed by Gabby Petito's parents against the elder Laundries, talked about the Laundries' silence on the issues, invoking the Fifth Amendment.

Carroll questioned both camps whether an early statement by Laundries' lawyer, Steve Bertolino, amounted to speech on their behalf, Fox News reported.

The judge asked the lawyers if a crime needed to be present for a person to invoke Fifth Amendment, which addresses an individual's constitutional right to remain silent.

Carroll reportedly wanted to know how the parents could be considered not speaking if someone was talking on their behalf as they remained quiet about the case.

The judge noted that Johnny Depp had been found liable for defaming Amber Heard due to his lawyer's remark. The civil lawsuit alleged that the Laundries knew Gabby Petito was already dead and misled her family.

A part of Bertolino's statement, which came up in court and is being questioned, said: "On behalf of the Laundrie family, it is our hope that the search for Miss Petito is successful and that Miss Petito is reunited with her family."

It added: "On the advice of counsel, the Laundrie family is remaining in the background at this juncture and will have no further comment."

Bertolino released the statement on September 14 in response to the public's interest in Petito's disappearance. The camp of Gabby Petito's parents said the statement was "outrageous."

When the judge asked Pat Reilly, an attorney for Joseph Petito and Nichole Schmidt, what made the statement outrageous, he said it was "a lie" and implied that Petito was still alive even though they knew she was already dead.

Former federal prosecutor Neama Rahmani, now a Los Angeles-based trial attorney, told Fox News that Laundrie's parents were "civilly liable for Bertolino's statements that they authorized" and the lawyer made on their behalf. He said this was "a basic tenet of principal-agent relationships under the law."

Chris and Roberta Laundrie did not attend the first court hearing of the civil lawsuit. According to reports, they were not legally required to attend the hearing that will determine if the case goes to trial. However, Joseph Petito and Nichole Schmidt were in attendance, E! News reported.

Carroll said he would decide on whether or not the case will go to trial within the next two weeks. Laundrie's parents have asked to dismiss the case. But should the judge choose to proceed with the trial, the elder Laundries might be compelled to talk about their side of the story.

Gabby Petito's Parents Filed Civil Lawsuit Against Brian Laundrie's Parents

Gabby Petito's parents filed the civil lawsuit against Brian Laundrie's parents in Florida on March 10. The lawsuit claimed that the elder Laundries knew their son killed Petito and sought to help him flee the country.

It further noted that Chris and Roberta also knew of the mental suffering and anguish that the Petito family was experiencing but still refused to respond to them.

The Petito family is seeking damages of at least $100,000 for the "pain and mental anguish" they experienced as a result of the "willfulness and maliciousness" of Laundrie's parents.

The elder Laundries filed a motion to dismiss the lawsuit on March 30, arguing that they had fundamental constitutional rights to silence. They added that there are also no facts to support their claims of "intentional infliction of emotional distress."

Petito's mother, Nichole Schmidt, has also filed a wrongful death lawsuit last month against the curator of Laundrie's estate. The lawsuit seeks wrongful death damages of $30,000 as it claimed that Laundrie intentionally killed Petito.

As a direct result of Laundrie's conduct, the lawsuit noted that Petito's mom and dad "incurred funeral and burial expenses, and they have suffered a loss of care and comfort, and suffered a loss of probable future companionship, society and comfort."

The complaint was filed against Barry Spivey, who was identified in the suit as the court-appointed curator of Brian Laundrie's estate. In this lawsuit, Gabby Petito's mom also demanded a trial by jury and judgment for compensatory damages.

Petito's body was found at the Spread Creek Dispersed Campground near Grand Teton National Park in Wyoming on September 19. A Teton County, Wyoming coroner said she was strangled to death by a "human being," and the manner of death was homicide.

On the other hand, Laundrie's skeletal remains were discovered at the Myakkahatchee Creek Environmental Park in Florida on October 20. His autopsy report showed that he died of a gunshot wound to the head, and the manner of death was suicide.

Last January, the FBI revealed that Laundrie confessed to killing Petito in a message left in his notebook. In its final report on the case, the FBI said a review of the notebook revealed written statements by Laundrie claiming responsibility for Petito's death.

The FBI noted that its investigation has concluded that Brian Laundrie was the only person responsible for Gabby Petito's "tragic death."

Apart from the notebook, the FBI confirmed that they also found a "backpack" and a "revolver" upon further search of the area where Laundrie's remains were found.

This article is owned by Latin Post.

Written by: Rick Martin

WATCH: Gabby Petito Murder Case Lawsuit: Petito Family v. Laundrie Family Hearing - From Law&Crime Network