GUILTY NY - Vincent Viafore, 46, Newburgh, 19 April 2015 - #1

[gitana1]

I have to go back and look, but I thought it was stated in one of the earlier articles that there is a couple who lives on the river who witnessed whatever it was that happened. Nothing was said in the article about what it was that they might have witnessed, but it did read as if they had an eyewitness account.

Off to look . . .

No. They only witnessed a couple enter the water and later assumed it was AG and Viafore.

 

[Inthedetails]

That's the question. Because most LE agencies really wait until they have substantial evidence before arresting someone. They know the clock begins to run on murder charges once arrested but there is no statute of limitations on filing them so there is no harm to the case in waiting to arrest and charge.

These aren't keystone cops. They have something.

As to "cutting her loose", they will likely have to do that, it appears, if there is no indictment because she has speedy trial rights. It's not a matter of encouraging them to let her go. They will have to soon by law if she isn't indicted.

But, we haven't heard that she's been released, so I don;t know what's happening.

If they fail to indict now and release her, can she be re-arrested later if additional evidence is gathered? I know you can't be tried twice for the same crime, but can you be arrested twice?

 

[gitana1]

If they fail to indict now and release her, can she be re-arrested later if additional evidence is gathered? I know you can't be tried twice for the same crime, but can you be arrested twice?

Yes. You can.

 

[Inthedetails]

Yes. You can.

Muchas gracias.

 

[hisjerseygirl]

I think maybe they're afraid she'd leave the country.

 

[jadejazzkayla]

Better cut her loose, boys.

I think somebody in LE is jumping the gun on this case really bad.

Why not just wait until his body is found before deciding what charges to file ? Why not wait until an autopsy is performed to establish COD ? Why the big rush to get this girl behind bars ?

I couldn't agree more. and the big rush by le to be secretive is puzzling to me.

 

[Inthedetails]

And it clearly says that the statement that she was indicted was in error.

I don't know. I think it means that the grand jury hasn't made the decision yet and nothing should've been said to the press until official release.

?

JMO.

 

[SStarr33]

I don't know. I think it means that the grand jury hasn't made the decision yet and nothing should've been said to the presse until official release.

?

JMO.

Not that I've seen a ton, but in all the cases I've ever seen, the GJ gets the evidence and makes an immediate decision.

 

[Momoffourboys]

Just Facts...:wagon:

 

[kimi_SFC]

Just Facts
:welcome4:



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[wfgodot]

If the body is, say, snagged on a barge, as here, and deposited elsewhere, it may never be found.

 

[hot cawfeee]

How long is Vincent on FB? Possible he did it when he signed up?

 

[hot cawfeee]

Kadoober----your post at 292-----thats what I was driving at----what is "being enagaged" to one person isnt necessarily what it means to the other person

 

[Kadoober]

How long is Vincent on FB? Possible he did it when he signed up?

The earliest post I can see is from January 19th 2015. The legacy contact feature launched in February.

 

[hisjerseygirl]

If the body is, say, snagged on a barge, as here, and deposited elsewhere, it may never be found.

You make a very good point. :/

 

[luckyseven]

Accused Murderer Remains in Custody

Under New York State law, a defendant charged with a felony in criminal court must be released within six days unless a preliminary hearing is held, resulting in continued incarceration. Alternatively, a defendant can be kept in custody beyond six days if the district attorney files written certification with the court that an indictment has been voted on by a grand jury.

Such a submission indicates only that a vote by the 23-member grand jury has been taken, not that a final indictment has been issued.

The Paper has learned, from a source familiar with the case but who requested anonymity, that certification indicating the grand jury has voted on a charge against Graswald has been submitted to the court, however it is not yet known if or when a final indictment will be forthcoming.

Grand jury investigations are confidential and can last for weeks.

 

[SStarr33]

Accused Murderer Remains in Custody

This is so confusing. Are they saying that since she has been held for over 6 days that she has been indicted? And if so, what is the reason for not announcing it?

 

[kimi_SFC]

Accused Murderer Remains in Custody

:tyou: luckyseven for posting this article. From your link:
(snip)

Under New York State law, a defendant charged with a felony in criminal court must be released within six days unless a preliminary hearing is held, resulting in continued incarceration. Alternatively, a defendant can be kept in custody beyond six days if the district attorney files written certification with the court that an indictment has been voted on by a grand jury. Such a submission indicates only that a vote by the 23-member grand jury has been taken, not that a final indictment has been issued.

----
BBM
I guess this ^^^^ is how the DA is holding her past 6 days?
:thinking:


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[luckyseven]

:tyou: luckyseven for posting this article. From your link:
(snip)

Under New York State law, a defendant charged with a felony in criminal court must be released within six days unless a preliminary hearing is held, resulting in continued incarceration. Alternatively, a defendant can be kept in custody beyond six days if the district attorney files written certification with the court that an indictment has been voted on by a grand jury. Such a submission indicates only that a vote by the 23-member grand jury has been taken, not that a final indictment has been issued.

----
BBM
I guess this ^^^^ is how the DA is holding her past 6 days?
:thinking:


Sent from my iPhone using Tapatalk

That's what I took from the article, as well. Because she is still in custody we can assume that the Grand Jury has voted on an indictment, but no more details are known.

 

[JerseyGirl]

Dive expert confident missing kayaker's body will be found

http://westchester.news12.com/news/...sing-kayaker-s-body-will-be-foundd-1.10405472