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L.W. Paradis
Dr. Todd Grande
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Comments by "L.W. Paradis" (@l.w.paradis2108) on "Brian Laundrie's Mother Writes "Burn After Reading" Letter | Gabby Petito Lawsuit Analysis" video.
@Fifi La Fleur A person has a right to refrain from interacting with anyone they choose except their minor child, or someone whose welfare is directly dependent on them without first finding a suitable replacement.
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@Bella-ht5jb9he3z There is no probable cause to charge them. None. I wish to God people understood civics.
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Actually, if the Petito family wins, this will end up being decided at the appellate level because it depends on whether the trial judge was correct on Fifth Amendment law. The jury will probably decide based on feelings, and the appeals court will take a hard look at whether the law allowed for having a trial at all or should have been dismissed.
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The insurance case is not analogous. Actually, the Laundrie parents had no legal duty to speak, as immoral as that is. Maintaining silence is a legal right; insurance is a binding contract. The statement their lawyer made was an off the cuff remark he inadvisedly made to the press. No evidence that the Laundries instructed him to make it. I agree the case is not frivolous, though. I was surprised Dr. Grande took that strong of a view.
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You have a legal right not to speak or interact with whomever you choose, with only a few exceptions that do not apply here. The problem is that their lawyer spoke, while they maintained silence. You also have a right to consult a lawyer.
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Sure, we've just watered down the First Amendment because grown people make disastrous choices. Now let's do that with the Fifth Amendment, too. Sounds like just what we need, fewer rights.
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Guilty of what? They were never indicted.
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Dr. Grande, I agree with your legal analysis except for the point about the suit being frivolous. It is not likely to succeed, and that is probably a good thing (I'm not a fan of diluting the Bill of Rights because adults make poor choices), but it is not frivolous. It does stand a chance. I think it's a closer case than it appears to be.
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