GUILTY NY - Vincent Viafore, 46, Newburgh, 19 April 2015 - #2

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The fiancee of a 46-year-old New York man missing since his kayak overturned on the Hudson River earlier this month has been arrested. Angelika Graswald of Poughkeepsie faces murder charges.

Graswald claimed she was kayaking with Vincent Viafore when his kayak capsized on the evening of April 19 off Cornwall-On-Hudson in Orange County. Graswald, 35, told police she called 911, then tried to help. She said she fell out of her own kayak and was later rescued by a boater.

Police searched for several days without finding Viafore, who wasn’t wearing a life jacket.

kayak.jpg


http://www.nbcnewyork.com/news/loca...der-Angelika-Graswald-New-York-301826811.html

The circumstances that prompted Graswald's arrest weren't immediately clear. State police were expected to provide additional details later Thursday.

Older story:

http://newyork.cbslocal.com/2015/04/20/crews-searching-for-missing-kayaker-in-hudson-river/

Authorities confirm body found in Hudson River is missing kayaker; fiancée indicted for murder

Thread #1
 
This is an interesting case.
Did she do it on purpose or just a bad accident.

The thing that makes me lean towards on purpose is a couple things.

-She could have paddled over to him and let him cling to the side of the boat.

-She had a life jacket on and she could have thrown him hers

-She seems to have claimed to LE things he said to her while in the water so that means she had to have been very close to him

-The report from the rescuers are saying she threw herself in the water as they approached. And I think the report is right because the temp was really cold. So it seems she waited till she knew she would be rescued and then made it look like she was helping.

-It seems she had plenty of time to be near him to try to help him more.

The whole thing reeks to me. I dont buy the lack of english. I think she had been in this country for some time so I think she would have picked enough skills in the english language to know what she was saying to LE.

I do think LE may have been slick in their handling of her but I also think the charges may be valid.

It will be interesting to see how this case pans out.
 
I don't know how to bring over entries from the last thread. :)

In regards to the hypothermia, a quick google search shows multiple mainstream news sources (Pok Journal, Daily Freeman, ABC, NBC, CBS, etc.) making the same claim:

Police said Graswald was treated for hypothermia at St. Luke's-Cornwall Hospital and released.
http://www.recordonline.com/article/20150420/NEWS/150429953/101019

I thought I remembered seeing an update that said she was released that same night but I can't find anything indicating that now. Not sure but I think HIPAA would prevent full disclosure to the media. I'm guessing that LE knows more about the treatment though as I think they are privy to certain protected information depending on the circumstances. Maybe a healthcare professional could verify that.
 
Prosecutors said Graswald admitted to New York State Police that it "felt good knowing that he was going to die," and implied that "this was her only way out."

"I don't think she said that," Graswald's attorney Richard Portale said. "I think if she said it, it would be memorialized. They would have it on video, but I don't think she said it."

And while the District Attorney alleges Graswald removed a plug from her fiancee's kayak, Portale said the plug wasn't in the kayak in the first place. "Vince knew that it wasn't in the kayak. He had taken several kayaking trips without it," Portale said.

http://www.wjla.com/articles/2015/0...nce-s-kayak-da-says-114276.html#ixzz3bu6IzxIm
 
There is something unsettling about the picture in this article:

http://www.newsday.com/news/region-...botaging-his-kayak-prosecutors-say-1.10486209

The forensic scientist appears to be seriously attending to something while she is smirking. Not enough information to draw conclusions from but I would think that if I was in court facing murder 2 or manslaughter 2, I would not be turning to the cameras to smirk. I would personally be shying away from the cameras. Would love to see/hear more reports about her personality/demeanor normally. Something that would point to this being a natural reaction for her. Clearly she loves posing for photos as can be seen on her social media accounts. Yes she's been described as bubbly and energetic by those who know her in many media accounts. But that's not a smile, it's more of a smirk. My own opinion only but this picture screams of arrogance. Kinda like she's saying--"yup, I got this. There's enough reasonable doubt just ask my team." Again, MOO.
 
If I am repeating many apologies ( need to finish reading thread 1).....I think HIPPA extends to media not to LE and it would be in relation to her case so unless someone at the hospital talks (possible someone may ) its not likely we are going to find out anything pre-trial.

I also agree that there was pre-mediation here ..... motive is always a little confounding I think. If its just about insurance money she can kiss that good bye----and if his sexual tastes were not to her liking, then why stay with him and agree to marry him ? She isnt a child and to quote Mama Cawfee "has been around the block a few times".

Has her family spoken out at all ??? I would think a family member would come to the US and offer support.
 
yikes silly1......I see what you mean.......kind of a smirk
Will we be treated to the Casey Anthony wide-eyed pouty baby face at trial ?
 
bringing over from Thread #1:

Her next court appearance is scheduled for June 22.

http://putnam.dailyvoice.com/news/woman-accused-fiances-death-hudson-river-pleads-not-guilty

Gitana or anyone else who is familiar with the court process,

The next step is the preliminary hearing. If I understand right, this is where the DA has to show the strength of his case and what evidence he has. Does he have to present every piece of evidence and all witnesses he has at this time? Will this be when he has to stop holding things close to the vest so to speak? Or can he release just enough information that convinces the judge he has a case? Just curious. If he can hold things back, what would be the benefit?
 
tossing this out and I may be repeating myself-----------if one of the sticking points of defense is language barrier---does anyone think defense will demand a translator ??? Does this have "circus potential" ?
Sorry---watched True Crime with AJ this morning and it was (you guessed it) the Casey Anthony fiasco --eerrr I mean trial.
 
silly1----I guess go for the elemnt of surprise ? But I believe a list of potential witnesses must be supplied by both DA and defense. Am trying to remember the proper phrase.....
 
Gitana or anyone else who is familiar with the court process,

The next step is the preliminary hearing. If I understand right, this is where the DA has to show the strength of his case and what evidence he has. Does he have to present every piece of evidence and all witnesses he has at this time? Will this be when he has to stop holding things close to the vest so to speak? Or can he release just enough information that convinces the judge he has a case? Just curious. If he can hold things back, what would be the benefit?

The purpose of the preliminary hearing is to determine whether you should continue to be held for the next forty-five days for action by the grand jury. The prosecution must show that there is reasonable cause to believe that you committed a felony. The prosecution will call witnesses to testify and introduce evidence at the preliminary hearing. The prosecution will usually attempt to call as few witnesses as possible to meet their burden of proof so as to keep their cards close to their vest. Your lawyer should ask the prosecutor to turn over the prior statements and the criminal record of any witness called to testify by the prosecution.

there's more info here, I hope it helps: http://www.avvo.com/legal-guides/ugc/preliminary-hearings-in-new-york-criminal-cases
 
I also agree that there was pre-mediation here ..... motive is always a little confounding I think. If its just about insurance money she can kiss that good bye----and if his sexual tastes were not to her liking, then why stay with him and agree to marry him ?

I definitely believe there was premeditation as I've said here before. The one thing for certain is that the only people who knew what was truly going on in their relationship was them. Outwardly appearances could be just that--appearances. Who knows what was truly going on in their relationship and if her diary was an outlet for her to express herself and her true feelings, there could be a whole lot more to this story that we simply don't know yet. JMHO.
 
good points silly1----and in regard to the diary pardon a spoiler alert if you have not read "Gone Girl"......I am going to refer to the diary as "The Diary"........I guess we will find out how long she kept a journal and is she wrote in English or her mother tongue
 
good points silly1----and in regard to the diary pardon a spoiler alert if you have not read "Gone Girl"......I am going to refer to the diary as "The Diary"........I guess we will find out how long she kept a journal and is she wrote in English or her mother tongue

O/T--Loved that book!!! Definitely a case of WTF? lol.

Anyway, lots of people keep journals especially empathetic types like I think she seems to be--nurturing animals, gardening at a historic site, au pair, etc. She also seems to be spiritual--yoga, making hang 10 gestures in pictures--making journal writing seem like a legitimate outlet for her. Just my opinion and yes, I guess I'm making stereotypical assumptions. It's just another part that I'm trying to make sense of. Nothing about this case makes any sense to me. I truly believe in the end her journal is going to be just that-her journal. Not part of the elaborate ruse so to speak. Again, my guess is as good as anyone else's right now. :)
 
I think we touched on this in Thread #1, but I'm trying to put together her legal team.

Graswald’s new legal team also includes Forensic Scientist Michael Archer who worked on the infamous Joran Van Der Sloot case in Aruba. Archer told Aiello he sees big problems with the Graswald prosecution.

“There’s no hole in the bottom of the kayak and, as we understand it, the whole theory of this case is that she tampered with the kayak – it would sink and he would drown,” Archer said. “We know that didn’t happen because they have the kayak. The kayak is not at the bottom of the river.”

As for Graswald’s calm demeanor during an interview before her arrest, her legal team said she was raised in an Eastern European culture that frowns on emotional displays, Aiello reported.

http://newyork.cbslocal.com/2015/05/08/missing-kayaker-case-fiancee/
 
tossing this out and I may be repeating myself-----------if one of the sticking points of defense is language barrier---does anyone think defense will demand a translator ???

I'm thinking that I saw a photo with a caption stating that her lawyer said, " I hadn't thought of that" in regards to a translator. I'm looking for it but google searches aren't coming up with anything. Does anyone else recall this or something similar? I'm going to keep looking.
 
I'm thinking that I saw a photo with a caption stating that her lawyer said, " I hadn't thought of that" in regards to a translator. I'm looking for it but google searches aren't coming up with anything. Does anyone else recall this or something similar? I'm going to keep looking.

I saw something similar to that in a Russian newspaper but the Google translation from Russian (or Latvian) was not reliable. I'll help you look.
 

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