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

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Moscato explains what an SJS (spectrum justice system) is, a reporting system state police have used for years, no "all-inclusive" report.

Moscato says he met with ADA Mohl at least a dozen times since this case began.

Moscato: He and Graswald "spoke on phone or texted each other, to this day shes still in my cell phone as Angelika."

Graswald and Viafore's sister spoke with state police investigator on 4/28/15 re: Viafore life insurance. That was a day before police and Graswald spoke on Bannerman, before she was arrested 4/29/15.

Moscato: Angelika went through a lot the first couple of days - everyone reacts to these things in different ways.
 
Moscato: DeQuarto told him that Angelika had admitted to pulling the plug. DeQuarto told me, there's a plug on the kayak, I'm like, you've gotta be kidding me.

Graswald also told DeQuarto that she sabatoged the paddle, "I'm like, 'she told you this'?"

Moscato: I didn't know about a plug so that was surprising to me. For nine or 10 days we were all on emotional rollercoaster. I kind of felt some of the pain she was experiencing as well as the Viafore family ... and she was being treated like a grieving widow.

After Graswald told DeQuarto about the plug and paddle, Moscato says he was surprised she was so happy-go-lucky. Not like a person who just confessed to murder, Portale says. Moscato agrees, she was not acting like someone who just confessed to murder.
 
Moscato says he didn't take notes from conversations w/Graswald (from 4/20-4/28).

Portale: You're not suggesting she confessed to murder from 4/19-4/28.

Moscato: I didn't say that.

Portale: But this time (4/29) was a little different ... you're saying she confessed to murder.

Moscato: Did I have a crystal ball? I didn't know what was going to happen. I had no idea she was going to confess to murder that day.

Portale questions Moscato about the state police visit to Bannerman on 4/29. "You were concerned that something happened on the island?"

Not necessarily, Moscato says.

Before she confessed on Bannerman, she "was free to go", she was not in custody and we had no reason to keep her there, Moscato said.

Even after she admitted to what she did, she still wasn't handcuffed (on Bannerman), Moscato said.
 
Moscato: When we searched for Viafore (in period between incident and Graswald arrest) we told her she didn't need to be there. She insisted on being there, at shore of Hudson River.

Moscato tells Portale he started to feel for Graswald "as a human being ... I don't know if you've experienced that, counselor."

Portale: Do you recall investigator DeQuarto saying to Graswald, "Angelika, I know you're lying to us your story is not making sense."

Moscato: That was later on top of Bannerman, not down by the dock.

Portale: Didn't you tell Graswald, "What you're holding inside of you is burning a hole in you?"

Moscato says "something like that".

Portale says, you didn't believe Viafore's death was an accident.

Moscato said not why he said that.

Portale: Did you advise Ms. Graswald that she was not a suspect on 4/29 on Bannerman?

Moscato: No, I don't believe that came up.

Graswald told police that she needed to find her phone.

Moscato says: I didn't say out of the clear blue sky, hey where's the phone?

Moscato: We told her we thought something was bothering her and she started opening up. She more or less volunteered there were problems with the relationship. We didn't ask about any specific problem she was having with Vincent.
 
Portale asks if Graswald was the focus of investigation at that point.

Moscato: She would not have been immediately placed under arrest had she not made statement to DeQuarto.

Portale: Is it your testimony that you didn't know she was beneficiary of one of Viafore's life insurance policy?

Moscato: Of course I knew. Graswald had most information about Viafore, which is why they were talking, to characterize her as suspect at that point is going too far (before arrest).

Moscato says he inspected kayaks a few times. He didn't notice a plug was missing "it's the size of a nickel."

Moscato says he looked at paddles and Portale says, "There's a difference between looking at something and inspecting something."

State police broke paddles down to transport them to barracks. Portale asks if there's record of that.

Portale: Did you see paddle before it was broken down?

Moscato: No, after.

Portale: Both paddles were intact when recovered?

Moscato: Yes

Portale: No one was taking notes during conversation with Graswald on Bannerman trail?

Moscato: As far as I know, no one did.
 
Portale: Were photos taken by your crew on April 29 at Bannerman?

Moscato: I believe a few were taken, I didn't take any though.

Portale: Isn't it true that evidence tags labeled Ms. Graswald as a defendant?

Moscato says evidence tags reflected Graswald as a defendnat after April 29, not before. A date of April 20 on evidence tags is because that's when police got the evidence. This doesn't mean that on 4/19, Angelika Graswald was defendant, she was not.

Portale: The words "victim" and "owner" are crossed off evidence tags on kayak and paddle, word "defendant" is there.

Portale asks who Moscato talked to on the break. "I saluted you...." (according to a reply comment from Nina, "Portale was saying he acknowledged him in hallway, like saying hi or waving")

Moscato: You may have saluted me, I didn't salute you. ... says he spoke to law students, interns, Viafore's sister and possibly mother.

__

Mohl's turn for redirect with Moscato.
 
Mohl asks Moscato to explain how evidence tags are filled out; Moscato says date is always date of incident (4/19).

Moscato: This was a missing persons investigation prior to her arrest.

Mohl: Is it typical to speak to the last person who saw a missing person?

Moscato: Absolutely, many times.

Mohl: Graswald did not protest going on boat with you after (alleged) confession

Moscato: Not at all, we were joking on way back to shore. On the way back to shore after confession, "I think she threw a flower and we watched it sail away into the Hudson."

Portale redirects again: "Is it your practice when evidence is recovered, to allow it to sit about" w/o being tagged?

Moscato: No. I know these were filled out afterwards if it says she's a defendant.

Portale: The tags say "4/20 defendant".

Portale and Moscato argue back and forth, "You're wrong!" says Moscato, re: evidence tag dates.

Moscato is done on the stand.

_____

Judge says 11:00 a.m. on Thursday for next witness.

Chartier tells judge the defense wants more things as part of discovery, these do play into Huntley hearing, he says.

Chartier: Prosecution has not given us lead sheets, certain police phone records. These phone records are important, Moscato claims he hasn't made any notes, we want his cell phone records.
 
and it ends for today:

Mohl: Just because defense wants something does not make it Rosario material, I gave them lead sheets pertinent to this hearing

Mohl: The people have turned over phone logs w/ regard to defendant and any data re. Graswald interaction w/ police

Judge: I want to see the lead sheets..

Some confusion regarding Moscato's testimony that Mohl took notes while prepping for hearing with him, Mohl says she didn't

Chartier: If they're not going to get us phone records for investigator...we asked for things ahead of time so it wouldn't be delayed

Mohl says Graswald's phone records will contain police correspondence

Now Chartier and Mohl are arguing about what prosecutors have given, what defense wants

Mohl gets mad when Chartier says they took a long time to turning material over; that's offensive and not true, she says

__

As we left judge asks, "which one of you is from the Poughkeepsie Journal? I read the article today." That's it. compliment or insult? Idk ��

Nina Schutzman's Day 2 update of Granswald's Huntley Hearing: http://www.poughkeepsiejournal.com/...raswald-confession-made-her-suspect/85562072/

___

Back in court Thursday.
 
Day 3 of Angelika Graswald's Huntley hearing is set to start at 11 a.m. today.
 
Portale and Mohl are arguing - I'll sign it when I feel like signing it, Portale says.

Mohl: Are you putting a show on for the media, counselor? You're acting like a child.

And the judge comes back in and everyone calms down. Angelika is brought into the court, thanks judge for allowing her to have handcuffs removed.

Portale: We just got some discovery - we were provided with photos that were apparently taken on Bannerman on April 29 (2015). I appreciate it but I would have appreciated having prior to this. This is really troubling .... I'm handed a disc of the interrogation video that's at issue here with enhanced audio for the first time.

Mohl: Portale .... threw a paper clip and papers at me. he has had the interview since the beginning of this case. The people are going to offer original unenhanced video - he will have plenty of time to view the enhanced audio before the trial.

Portale: This is what we asked for (the enhanced video) in July of last year.

Judge Freehill calls lawyers into chambers. Graswald sits alone at defense table.

before they went into chambers, Portale called Mohl dishonest, Mohl said Portale only objected to the format of the 11-hour interrogation video, which was in five-minute increments, and the judge questioned why they would want to use the unenhanced version of the tape.

Everyone comes back into the court.

Graswald laughs at something one of her lawyers says.
 
Lunch break over.

___

State Police Trooper Kevin Gardner is next witness called.

Gardner is leader of the State Police dive team, he works out of Kingston barracks.

Gardner was conducting dive training on USS Slater when he got a call from Investigator Moscato April 28, 2015. On the phone, Moscato told Gardner he wanted to arrange a boat for the following day (April 29, 2015) to go to Bannerman Island.

Boat arrangements were finalized midday on April 28, 2015. Gardner didn't document the request, because it was just for a transport, not a search or a dive.

Jeffrey Chartier, Graswald's co-counsel, cross-examining Gardner.

Gardner says Moscato called him on his personal cell phone.

Two people are needed to man the boat and they have three boats in his unit team. 19-Foot Boston Whaler boat used for search.

Only request I had was for a boat, Gardner says.

Gardner says he doesn't recall there being any report made to him about activity on boat re: mechanical issues.
(Moscato has testified that there was mechanical trouble on the way back from Bannerman, when they were bringing Graswald to barracks).

Gardner: There was no documentation needed for when we took state police boat out for transport.

Chartier questions him about "normal procedure" for taking out boat, Mohl objects repeatedly. Mohl says this is irrelevant for this proceeding.

Chartier asks, In what instances in which paperwork would be necessary? Gardner says a rescue mission, diving, etc. would need report.

Gardner did not accompany police on boat trip, he says.

Gardner says he doesn't remember hearing about mechanical trouble when he spoke to a trooper later.

Mohl: This hearing is to determine the voluntariness of (Graswald's) statement, how is this line of questioning relevant?

From April 19 to April 29 (2015), I have records complied for this detail where we did dive work and sonar work, Gardner says.

Gardner is finished on the stand.
 
Next up is State Police Investigator, Anthony DaSilva.

DaSilva was one of the three troopers who spoke with Graswald on Bannerman April 29, the day of her alleged confession to Inv. DeQuarto.

Another ADA is questioning DaSilva: Did you have occasion to take a ride ... to Bannerman Island?

On April 29, I was aware there was a missing person, 10 days earlier Mr. Viafore (went) missing in the Hudson, DaSilva says.

DaSilva and Investigators Donald DeQuarto and Aniello Moscato, along with two others, were on the boat.

We left from Gully's on the Newburgh waterfront. We went out to search the island, DaSilva says.

DaSilva recounts when the police first saw Graswald on Bannerman that day (04/29/15).

DaSilva: Graswald arrives on Bannerman on a boat driven by a middle-aged man. She was with another female, who later became known as Katie. There was another unknown female on the boat. Graswald got off the boat and greeted Moscato warmly.

That was the first day DaSilva met her.

DaSilva: I asked Ms. Graswald who she called from the rescue boat .... a rescue worker saw you with the phone on the boat, who did you call? She said: I had a missed call and I tried to call it back but the call didn't go through. DaSilva: I asked her where the phone is and said it should be important to her, because of photos etc. of Viafore. She said, I don't know ...where is that phone I had it at the hospital .... She started to breathe deeply and had her hand on her stomach. I said, Angelika, something is not right. It seems like you're not being honest with us.

DaSilva testifies that Graswald told police about Viafore: No relationship is perfect. He wants me to take sexy pictures. He had postponed the engagement.

DaSilva: She said she knew she had to tell the truth she just wasn't ready to let it out yet.

Graswald chose DeQuarto to speak with in private.

DaSilva: Investigator DeQuarto came back, told us that she (Graswald) had said, that she had pulled the plug on Mr. Viafore's kayak.

Graswald got on the state police boat after using the bathroom. She never protested getting on, DaSilva said.

DaSilva: The engine died at one point in the water there, 5-10 minutes. A trooper repaired the engine.

DaSilva: On the boat, she wasn't holding her stomach and breathing heavily anymore. She was whistling. At one point, she said, I'm free.

DaSilva: As we were arriving at state police barracks, Graswald said she thought Investigator DeQuarto was cute the first time she met him.

When they got to state police barracks around 2:45 p.m., Graswald was placed in the interview room.

DaSilva next saw her at arraignment, 2-3 a.m. on April 30, 2015.
 
So to recap while we're on a five minute recess, Investigator DaSilva testified to the following:

DaSilva meets Graswald for the first time on April 29, 2015 on Bannerman Island. Police had gone to search the shoreline. Graswald had previously said her phone went missing when the kayaks capsized. That day, she tells police she used it after getting off the rescue boat. She was trying to remember where it was.

Graswald ends up telling the three investigators that she and Viafore had problems and he had postponed the engagement. Graswald is offered a chance to speak to an investigator alone, she picks Investigator DeQuarto and allegedly tells him that she pulled the plug on Viafore's kayak and tampered with his paddle.

DaSilva says: Graswald had been distracted, breathing heavily before she spoke to DeQuarto. But once she was on the state police boat heading back to the barracks, "she wasn't holding her stomach and breathing heavily" anymore. She was whistling. At one point, she said, "I'm free".

It was surreal, DaSilva says.

In the car, as they were getting to state police barracks, Graswald tells Investigator DeQuarto that she thought he was cute the first time she met him.

Lots of focus on Graswald's cell phone during this hearing. Where was it after the kayaks capsized? She apparently told 2 different stories.

Rescue workers told police she was using it in the rescue boat. At first, she says it's missing, then tells police (on 4/29/15) that she used it after kayaks capsized. She had a missed call and tried to call the number back, Graswald tells DaSilva.
 
JerseyGirl you are amazing - truly!

:takeabow:


Sent from my iPhone using Tapatalk
 
Defense will cross-examine DaSilva.

DaSilva says he briefly reviewed a Spectrum Justice System report, provided by DA's office, a couple of days.

Mohl was there when he reviewed it, DaSilva says. They met about 3 or 4 times in past couple weeks, he's not sure if she took notes.

DaSilva testifies that none of the lead sheets he filled out relate to what he's testifying to today.

Portale: When were you first assigned to this case?

DaSilva: The 29th of April was the first time I became involved.

Portale: (Investigators) briefed you on the fact that they were suspicious about Ms. Graswald and a phone?

ADA: OBJECTION

Judge: SUSTAINED

DeQuarto told DaSilva that they were attempting to locate Graswald's cell phone - initially said she dropped it in the water but DeQuarto had recently learned it was possible she had it on boat afterwards.

DaSilva says he does not recall listening to the recording of Graswald's 911 call prior to meeting her.

While DeQuarto spoke to Graswald privately on Bannerman, DaSilva and Moscato were standing "further down the trail towards the boat".

DaSilva: When DeQuarto came to speak to us, he said, "In sum and substance, she (Graswald) had stated to him pulled a plug on (Viafore's) kayak and removed some sort of ring from his paddle. She had (also) stated she would come back to barracks with us and speak further."

Investigators spent about an hour searching the shoreline before Graswald arrived. DaSilva took photos.

DaSilva says "Maybe three weeks ago", he gave Mohl photos he had taken while Graswald was on Bannerman.

Portale: In your search of the shoreline, were you searching for a body that you believed would be floating or submerged?

DaSilva: I did not know and we were also looking for things that may have washed up belonging to Mr. Viafore.

Graswald went to the bathroom unaccompanied after her confession, DaSilva said.

Portale: She had just confessed to murder according to the investigator ... weren't you worried about her escaping or taking off??
 
After objections and talk back-and-forth, DaSilva says investigator had a visual on Graswald. She wasn't handcuffed.

State police boat went back to Gully's on the Newburgh waterfront. She sat in the passenger seat of car on way to barracks.

Portale to DaSilva: Why were you in the back of the car ... were you cuffed?
(OBJECTION, WITHDRAWN)

Portale: Prior to confession, did anyone tell Graswald she was not a suspect?

DaSilva: I don't make a habit of telling people who are not suspects that they are not suspects.
 
DaSilva is done, we are adjourned to June 20 at 10 a .m.

Nina Schutzman ‏@PoJoNSchutzman 2h2 hours ago
ADA asks if they spoke in English (Graswald is a native of Latvia). Yes, DaSilva says. She didn't appear to have any trouble communicating

Nina Schutzman ‏@PoJoNSchutzman 2h2 hours ago
Portale: There are pictures from Bannerman that you didn't turn over to Mohl? DaSilva: Correct, she has all the ones that contain Graswald

Nina Schutzman ‏@PoJoNSchutzman 2h2 hours ago
In time period from when they were on Bannerman to when they traveled to Gully's by boat, she didn't ask for lawyer, police didn't advise

Nina Schutzman ‏@PoJoNSchutzman 2h2 hours ago
Portale: Graswald did not ask for a lawyer in the time period from Bannerman to Gully's? You never advised her she had a right to counsel?

Nina Schutzman ‏@PoJoNSchutzman 2h2 hours ago
Portale to DaSilva: You could record on your phone if you wanted to...
Judge responds: You can do a lot of things on a phone...

Nina Schutzman ‏@PoJoNSchutzman 2h2 hours ago
DaSilva says he does not typically record conversations on his phone or in the field.

Nina Schutzman ‏@PoJoNSchutzman 3h3 hours ago
Portale asks if DaSilva kayaks, he does not, the investigator says

Nina Schutzman ‏@PoJoNSchutzman 3h3 hours ago
That's when Investigator Moscato says to Graswald that something inside is burning a hole in her and she's got to let it out

Nina Schutzman ‏@PoJoNSchutzman 3h3 hours ago
DaSilva: Just before they sit down on trail to talk, Graswald became uneasy, breathing deeply. Bannerman volunteer walks over, checks on her

Nina Schutzman ‏@PoJoNSchutzman 3h3 hours ago
Portale: By time you all sit down on trail (Bannerman) to talk on April 29, you had personally asked Graswald 4 questions about her phone


Nina Schutzman ‏@PoJoNSchutzman 3h3 hours ago
From 4/19/15 - 4/29/15, Graswald's phone records were checked to see if she made a call, DaSilva testifies
 
kimi_SFC said:
JerseyGirl you are amazing - truly!

:takeabow:


Sent from my iPhone using Tapatalk
Click to expand...

Not me, I'm just transcribing. Nina Schutzman from the Poughkeepsie Journal rocks!

https://www.facebook.com/nschutzmanpojo

Today's quick update from Nina:

After Angelika Graswald confessed to her fiance's murder, she said 'I'm free' and called an investigator 'cute,' officer testifies. "She wasn't holding her stomach and breathing heavily" anymore, said investigator Anthony DaSilva. She was whistling..."It was surreal."

Judge looks at press area and says, it sounds like War and Peace is being written over there (typing, lmao)
 
nice work !!! have been popping in and out for quick updates....hoping justice will be swift for Vincent
 
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