Since Audrie Pott took her own life on September 2012 her parents, Larry and Sheila Pott, have wanted their daughter's story told. They said the her story sheds light on the problem of teens and cyber bullying.
But in court documents a lawyer for one of the three boys accused in a wrongful death lawsuit filed by the Potts said Audrie's parents, who are divorced, should have known of her "long-standing emotional problems and should have sought professional help."
"This answering defendant states on information and belief that the plaintiffs were themselves at fault," the court documents said.
Steven Clark, NBC Bay Area's legal analyst, said blaming the parents for Audrie's death is a strategy that may backfire.
"If this gets in front of a jury and the defense takes this strategy, instead of lowering the damages, it could greatly raise the damages that Audrie's family recovers," Clark said.
The documents also alleges Larry Pott is not Audrie's biological father, and therefore has no legal standing to sue.
Clark doesn't think that argument will stand up in court.
Pott was drunk and unconscious at a party with other students from Saratoga High School when a group of boys allegedly assaulted her, and took photos of the crime.
Pott hanged herself eight days after the photos circulated at school.
The Potts issued the following statement in response to the accusation that they are to blame for their daughter's death:
“We have no intention at this time to dignify any of the recent allegations made by a defense attorney in a revolting attempt to deflect responsibility away from his clients. This case is and will always be about the tragic consequences associated with sexual assault and cyber bullying.”