Missing Teen Gabby Petito: Why Murder is Likeliest Explanation

Boyfriend's Reprehensible Refusal to Cooperate Leads to One Likely Explanation

Fifth Amendment if Innocent?

Fourth, the fact Laundrie refuses to comment on Petito's location indicates he doesn't believe she is currently in danger for that would place him in possible legal peril to simply abandon her. Fifth, that Laundrie invoked his Fifth Amendment rights means he thinks he would be in legal peril answering law enforcement questions regarding her disappearance, implying a crime. Sixth, if Laundrie murdered Petito, the cagiest legal decision to escape punishment would be hiding the body and refusing to aid police to retrieve the corpse. 

Perfect Crime?

Will Laundrie's maneuvers create the perfect crime? Maybe. Of course, in allowing himself to be portrayed as a murderous scoundrel, even if he escapes earthly justice, Brian Laundrie's life will always be framed by the question of what happened to Petito. But, consider the fact that if some key piece of evidence comes to light -- blood or evidence of a struggle -- Brian can be convicted of murder. Even without a body? Yes.

The Corpus Delecti Rule:

The question is whether a murder conviction can be established without a corpse? Consider the Corpus Delicti rule: "A Latin term meaning the "body of the crime" that refers to the idea that the requisite elements of a crime must be proven before an individual can be tried for the crime." For murder, under corpus deliciti, "a conviction for murder can be based solely upon evidence of a confession without direct proof of death where no body was found and other than the confession there was only circumstantial evidence calculated to suggest that the victim was dead and the Defendant was the culprit." There have actually been many such convictions for murders without a corpse.

Murder Conviction without a Body

Murder Convictions w/o Body:

In British history, the Campden Wonder case, based on a missing person and confession, led to conviction of three for murder of William Harrison who then reappeared a few years after their execution. Despite the rarity of murder charges without a corpse,86% of defendants charged in no corpse murder cases result in convictions, compared to all murder cases with conviction rates of 70%.

No Corpse Murder Prosecutions:

How is such an evidence poor case prosecuted? See A&E's True Crime Blog explanation:

"Without a body, you need to make sure all your other evidence is overwhelming," Meghan Doyle, a prosecutor familiar with no-body murder cases, tells A&E True Crime. Most no-body murder cases that go to trial are based on lengthy investigations and an abundance of strong evidence. "The evidence in a solid no-body murder case tends to cluster around what I call the ‘three legs of the stool,'" says Tad DiBiase, a former federal prosecutor and author of the book No-Body Homicide Cases: A Practical Guide to Investigating, Prosecuting and Winning Cases When the Victim is Missing. "The most important leg of the stool is some type of forensic evidence, which includes DNA, such as blood, hair, fiber and fingerprints, or technological evidence including cell tower records, surveillance camera pictures or some other tech that shows someone was or was not at a certain location."

Famous No Body Murder Convictions:

According to the Hartford Courant, a grisly crime was committed by a husband: 

"Notorious murderer Richard Crafts bought a large freezer on Nov. 17, 1986. The next day, Nov. 18, was the last time anyone saw Helle Crafts.  On the morning of Nov. 19, Richard Crafts drove their children from their home in Newtown to his sister's house in Westport. On Nov. 20 he rented a wood chipper and a truck, which he used to haul the wood chipper. The state said Crafts killed his wife, froze her body, cut it up with a chainsaw and used a wood chipper in several areas of Newtown and Southbury to do away with the body. He then disposed of the freezer to prevent authorities from finding any evidence.  On Nov. 20, several witnesses saw the truck and the wood chipper in different locations in Newtown and Southbury, including on a steel bridge in Newtown between 3 -- 4 a.m. Crafts told someone he was clearing limbs downed in a Nov. 18 storm. However, no tree limbs fell on his property during the storm. State police later searched the area near the steel bridge and found among the piles of wood chips an envelope bearing the victim's name, pieces of bone and tissue, a human fingernail and crowns to the victim's teeth, prosecutors said. Police also recovered, underwater near the steel bridge, Crafts' chainsaw and a saw blade. They contained blood, tissue and hair fragments matching those of the victim."

Laundrie Defense and Possible outcomes

Possible Laundrie Defense:

It's been established Laundrie and Petito had a disagreement police were called to in Moab, Utah. No charges were filed. Laundrie described this as an argument causing him to lock her out of the van for a cooldown period. Further, Petito was seen slapping Laundrie and pushing him to enter the van, described as a mental health crisis on Aug 12th, 2021. The couple admitted both suffered mental health issues which were unmedicated. 

Can Laundrie Win at Trial?

If caught in a lie, and if any other evidence of harm to Petito surfaces, Laundrie could find himself prosecuted for various crimes, up to and including murder. Contra, if he is guilty of murder, Laundrie can plausibly claim a struggle was caused by trip tensions or a mental health crisis. So, with police reports verifying such hostile interactions that might have led to a physical fight and even death, Laundrie can claim it was a heat-of-the-moment scuffle or even self-defense. These could possibly create a manslaughter defense, or a killing without malice. Now a new angle is proposed as Petito was near where a lesbian couple was just murdered in Utah. Could she be another victim?

Possible Outcomes:

So was Brian Laundrie wise to leave Petito back West, lawyer up, refuse to cooperate with investigators and plead the Fifth? Time will tell. Prosecutors in such a case where only one witness is alive, without physical evidence, are hard pressed at trial to gain a conviction. Now, if Laundrie suddenly decided to cooperate with authorities to help locate the body, he could even end up with a sweet plea deal and perhaps just a few years incarceration. But with modern technology, much evidence exists to implicate Laundrie if guilty, and police may be able to trace the van's entire trip. 

What About Justice:

Undoubtedly it would suit most observers that if Laundrie were guilty of some level of murder that he be harshly punished. But the recoverable evidence available may not lead to such a conviction. Either way, courtroom rulings often diverge from the feelings and felt need of the average person for real justice regarding a final accounting in such a notorious and tragic case.