Gabby Petito and boyfriend Brian Laundrie: Why hasn’t he been arrested is the big question I’ve been hearing. While he is a person of interest, presumably having been the last person to see her, he is not yet a named suspect. He has the 5th amendment constitutional right to remain silent, suspect or not.
Many people presume that because a person remains silent, they have something to hide. This may be the case but it may be because he has a very good defense attorney who has advised Laundrie to remain silent for now until his client’s story is hammered out and a defense strategy can be developed. The mere fact that Petito has disappeared does not arise to a crime; she is deemed missing person status at this point, without any evidence whatsoever of a crime being committed.
Human decency aspect says hey he needs to speak up and help law enforcement find at least her last known location. However, this is law and constitution and human decency sometimes has no place unfortunately. “Whatever you say can and will be used against you in a court of law” is not just from the TV show Law & Order. Criminal defense attorneys err on the side of caution in advising their clients to remain silent until they are convinced beyond a reasonable doubt their client is innocent.
Several different scenarios likely occurred 1) Petito wanted to go missing and Laundrie is honoring her wish 2) A terrible accident occurred, such as a fall, heat stroke, drugs 3) A terrible crime occurred and Laundrie is buying his time and remaining silent at the advice of his attorney Bertolino. There is a prior incident of a domestic dispute just a few weeks ago.
My guess is something sinister occurred. Why wait ten days before reporting her missing? If Laundrie truly had no involvement in her disappearance and an alibi can be established, his lawyer likely would have allowed him to make a statement by now. I predict an arrest will be made soon as search and rescue teams descend and clues and evidence may come to the surface. #trending #lawyer #criminallaw #law
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