A car crash, and a trail of broken lives

Guy Rubin, Stones' attorney: This is not a case of kids flying under the radar screen. This is a case of parents turning off the radar.

If you’re charged with murder, theft or fraud, you can expect to be brought before a jury.

But how about this: a couple, like millions and millions of others, being sued for not being responsible enough parents to someone else’s child. 

Tim Stone: What our case was all about was to convey to this community what the consequences are for the various families who get caught up in something so horrific.

What Tim and Beth Stone would ask the jury to do was in effect punish John and Barbara O’Brien, for not acting in a “reasonable” manner when their daughter’s teenage friends were found to be drinking at the poolside barbecue. Potentially millions of dollars in damages were at stake.

Dennis Murphy, Dateline correspondent: So Jennifer O’Brien’s parents hadn’t put out a tub of beers and spike punch?

Beth Stone: Absolutely not.

Tim Stone: That was never the case.

Murphy: We’re talking about kids who smuggled in and were drinking surreptitiously.

Beth Stone: Yes.     

But even though the O’Briens didn’t serve alcohol, or condone the drinking, the Stones and their attorney would use a Florida law, the open house statute, to say in effect that when 16-year-old Stephen Bromstrup snuck beer into the O’Brien house, drank it, and then drove off in his Firebird, slamming into the car that carried Sarah Stone that they too, the O’Briens, were responsible for the 14-year-old’s death.

The O’Briens, they would argue, simply didn’t do enough to stop the drinking at their daughter’s backyard party for 19 teenagers, all of them under age.

Murphy: Is it your belief that they were surrogate parents when those children were there?

Beth Stone: Yes.

Tim Stone: Absolutely.

It had all started quite innocently enough.

The O’Brien’s 16-year-old daughter Jennifer, you’ll remember, wanted to try out the brand new grill she gave her dad for Father’s Day just the day before.

She invited her friends to her family’s waterfront house.

Stephen Bromstrup got the invite that day, and after getting the okay from his mom, got into the Firebird and picked up two friends. But instead of going straight to the party, they went to a convenience store, where his parents would later be stunned to learn they illicitly bought a 12-pack of Milwaukee’s Best.

The boys were savvy enough to show the store cashier that they weren’t undercover operatives for the police.

Paul Bromstrup: He pulled right up to the front door, Stephen driving. His buddy, 15 at the time, takes his shirt off, walks inside. The reason he takes his shirt off is so that they know he’s not wearing a wire. No asks for an ID, no fake ID used. Just walked in and bought a 12-pack of beer. 

After getting the alcohol, Stephen said he and his friends then detoured to this park to knock back a beer before driving to the O’Brien’s.

By the time they arrived the party was in full swing.

Barbara O’Brien’s husband ended up working late, leaving her in charge of the party for the better part of the night.

Within minutes of the party starting just after 5:30 p.m., Jenny O’Brien would later tell the jury her friends started drinking.

(Court transcript) Jenny O’Brien: A few kids were doing shots.

Attorney: Was it straight gin?

Jenny O’Brien: I believe so.

Attorney: You didn’t tell them to stop?

Jenny O’Brien: No sir.

Attorney: And you didn’t tell them to stop because you didn’t want to be looked at by them to be a loser? 

Jenny O’Brien: Right sir.

Jenny’s mother had been working out on a treadmill in another room. But when she walked into the kitchen she saw one of the boys with a bottle of gin.

Jenny O’Brien: I just heard a loud scream and her run outside. And I looked out the window and she was pouring it out. She said, “Why would you boys do this to me?” She just told them “no alcohol, no alcohol” and they all agreed with her.

A little later, a friend of Barbara O’Brien came over to visit. The two went to the upstairs deck to have a glass of wine while Jenny entertained her teenage friends in the backyard below.

To Guy Rubin, the Stones’ attorney, this was just one of the many areas where he says the O’Brien’s failed as parents that night.

Guy Rubin, Stones’ attorney: Why was she upstairs? If she finds it one time and she knows the kids have alcohol on her property, why is she drinking if she’s the chaperone? Why is she upstairs? Why isn’t she in the middle of the kids?

Murphy: Why does she have to be the state trooper?

Rubin: Because it’s her house and the law says so.

Murphy: She has to be a super-parent?

Rubin: No. She needs to be a responsible parent.

The O’Briens were reeling and the courtroom story was about to get worse.

MORE FROM DATELINE

Dateline Section Front

The Friday the 13th Mystery Mystery at Lost Dog Road Slideshow: Photos in the Bob Duke case When The Smoke Clears   Sneak peek: When The Smoke Clears Slideshow: The Christie Fleming murder Transcript: Dan Brown and Secrets Of The Lost Symbol Through The Pouring Rain In Plain Sight: Jaycee Dugard Timeline: Jaycee Dugard's kidnapping Dateline Section Front   Add Dateline headlines to your news reader: