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

[JerseyGirl]

Nina Schutzman ‏@PoJoNSchutzman 33m33 minutes ago

Day four of Angelika Graswald's Huntley hearing begins; State Police Investigator Donald DeQuarto taking the stand

 

[JerseyGirl]

Nina Schutzman ‏@PoJoNSchutzman 32m32 minutes ago
DeQuarto is the one who Graswald allegedly confessed to on Bannerman Island

Nina Schutzman ‏@PoJoNSchutzman 31m31 minutes ago
DeQuarto is also the one who Graswald allegedly called "cute" after her confession

Nina Schutzman ‏@PoJoNSchutzman 30m30 minutes ago
DeQuarto went to speak with Graswald in the hospital after Viafore's kayak capsized on April 19, 2015. He got there around 9:30 p.m.

Nina Schutzman ‏@PoJoNSchutzman 29m29 minutes ago
Before he went to see her in the hospital he spoke with her on the phone, asked her what happened

Nina Schutzman ‏@PoJoNSchutzman 29m29 minutes ago
Before he went to see her in the hospital he spoke with her on the phone, asked her what happened

Nina Schutzman ‏@PoJoNSchutzman 28m28 minutes ago
DeQuarto: She was calm, didn't really show any emotion

 

[JerseyGirl]

Nina Schutzman ‏@PoJoNSchutzman 23m23 minutes ago
DeQuarto: Graswald said she and Viafore were planning an August wedding. She was very calm.

Nina Schutzman ‏@PoJoNSchutzman 21m21 minutes ago
After Graswald gave a deposition on April 19, 2015, "I asked her to read it and if she wanted any changes, to let me know," DeQuarto says

Nina Schutzman ‏@PoJoNSchutzman 22m22 minutes ago
She didn't want any changes.

Nina Schutzman ‏@PoJoNSchutzman 21m21 minutes ago
DeQuarto is shown the supporting deposition and confirms it's a fair and accurate copy, signed by both he and Graswald.

Nina Schutzman ‏@PoJoNSchutzman 19m19 minutes ago
DeQuarto: Graswald said they checked tides, took all the necessary precautions, before the kayaking trip that day.

 

[JerseyGirl]

Nina Schutzman ‏@PoJoNSchutzman 19m19 minutes ago
DeQuartO: Graswald said it was about 7:20 p.m. when Viafore's kayak capsized. They were halfway between Bannerman and Plum Point.

Nina Schutzman ‏@PoJoNSchutzman 19m19 minutes ago
DeQuarto: Graswald said she and Viafore had a beer and a half each before kayaking

Nina Schutzman ‏@PoJoNSchutzman 18m18 minutes ago
Graswald told DeQuarto she had been in water for 10 minutes before rescue boat got to her

Nina Schutzman ‏@PoJoNSchutzman 16m16 minutes ago
After deposition, DeQuarto drove Graswald back to Plum Point, where her car was parked. We checked car for Viafore's cell

Nina Schutzman ‏@PoJoNSchutzman 16m16 minutes ago
DeQuarto: At one point she looked toward the river and yelled out "Vinny!" She said she was going to Laura's (Viafore's sister) house

Nina Schutzman ‏@PoJoNSchutzman 14m14 minutes ago
DeQuarto says he had ongoing contact with Graswald as they searched for Viafore. I would keep her updated on search efforts.

 

[JerseyGirl]

Nina Schutzman ‏@PoJoNSchutzman 13m13 minutes ago
DeQuarto asked her to come in on April 27, 2015. She didn't show up, he says

Nina Schutzman ‏@PoJoNSchutzman 14m14 minutes ago
DeQuarto: I asked why she didn’t come in and she said she was at the animal sanctuary and having a good time there

Nina Schutzman ‏@PoJoNSchutzman 13m13 minutes ago
She did the same thing on April 28, 2015, DeQuarto says. She again said she was having a good time at animal sanctuary.

Nina Schutzman ‏@PoJoNSchutzman 13m13 minutes ago
DeQuarto told her it was important, Graswald apologized and came in later that day (04/28/15) with Viafore's sister

Nina Schutzman ‏@PoJoNSchutzman 12m12 minutes ago
DeQuarto apologized for bringing Graswald in again and she said she understood, that it happened under suspicious circumstances

Nina Schutzman ‏@PoJoNSchutzman 11m11 minutes ago
He asked Graswald what she meant and she just moved on with the conversation

Nina Schutzman ‏@PoJoNSchutzman 11m11 minutes ago
He asked Graswald what she meant and she just moved on with the conversation

Nina Schutzman ‏@PoJoNSchutzman 10m10 minutes ago
During that talk, she was breathing heavy and asked to smoke a cigarette, DeQuarto says

 

[JerseyGirl]

Nina Schutzman ‏@PoJoNSchutzman 11m11 minutes ago
DeQuarto: I told her rescue workers had seen her on her own cell phone, I told her it was important we find it

Nina Schutzman ‏@PoJoNSchutzman 4m4 minutes ago
Describing night Viafore's kayak capsized, Graswald told DeQuarto the water got choppier as the day went on, but the couple was having fun

Nina Schutzman ‏@PoJoNSchutzman 4m4 minutes ago
DeQuarto describes the trip investigators took to Bannerman on April 29, 2015. They left from Gully's on state police boat.

Nina Schutzman ‏@PoJoNSchutzman 3m3 minutes ago
Graswald knew they were going, she and DeQuarto had discussed it the night before, he says

Nina Schutzman ‏@PoJoNSchutzman 2m2 minutes ago
Graswald got to Bannerman after investigators on April 29, 2015. DeQuarto, and investigators Aniello Moscato and Anthony DaSilva were there

Nina Schutzman ‏@PoJoNSchutzman 2m2 minutes ago
"We walked up the trail (on Bannerman) and she was holding her stomach again," DeQuarto says

Nina Schutzman ‏@PoJoNSchutzman 25s25 seconds ago
Moscato told her she should let out whatever is bothering her. She says, "I know...no relationship is perfect."

 

[JerseyGirl]

Nina Schutzman ‏@PoJoNSchutzman 11m11 minutes ago
Graswald told investigators, I know someone has that cell phone (talking about the phone she had previously said she lost)

Nina Schutzman ‏@PoJoNSchutzman 3m3 minutes ago
DeQuarto: I asked, did you intentionally remove the plug so he would drown? There was a brief moment of silence and then she said she did.

Nina Schutzman ‏@PoJoNSchutzman 3m3 minutes ago
Hopefully he'll come up soon, she told DeQuarto, when asked about Viafore's body

Nina Schutzman ‏@PoJoNSchutzman 2m2 minutes ago
She told DeQuarto that Viafore would always make sexual demands, wanted her to have threesomes with other women.

Nina Schutzman ‏@PoJoNSchutzman 2m2 minutes ago
DeQuarto asked her, "why not just break up with him?" She told him she was very spiritual, knew "he would never really be gone" if she did

 

[JerseyGirl]

Nina Schutzman ‏@PoJoNSchutzman 4m4 minutes ago
Graswald didn't ask for a lawyer at that time, DeQuarto says. She was not handcuffed

Nina Schutzman ‏@PoJoNSchutzman 3m3 minutes ago
Graswald said Viafore pressured her about having a threesome with a woman he worked with, DeQuarto says

Nina Schutzman ‏@PoJoNSchutzman 2m2 minutes ago
DeQuarto says he and Graswald spoke in private for about an hour on April 29, 2015 on Bannerman, a little after 2 p.m. when they finished

Nina Schutzman ‏@PoJoNSchutzman 1m1 minute ago
After talk, Graswald said she needed to use bathroom. While she did DeQuarto filled in other investigators on conversation

Nina Schutzman ‏@PoJoNSchutzman 48s48 seconds ago
Graswald's friend Katie came over to ask if she was OK, Graswald told her she was and going to talk to police for a while, DeQuarto says

Nina Schutzman ‏@PoJoNSchutzman 2m2 minutes ago
Graswald got on the state police boat - she left behind on Bannerman a wreath for Viafore. She brought some flowers back on boat

 

[JerseyGirl]

Nina Schutzman ‏@PoJoNSchutzman 2m2 minutes ago
DeQuarto: On the boat, Graswald was in better spirits, smiling and whistling. At one point she yelled out, "I'm free!"

Nina Schutzman ‏@PoJoNSchutzman 1m1 minute ago
They get back to Newburgh and police drive her to state barracks in Montgomery, DeQuarto says.

Nina Schutzman ‏@PoJoNSchutzman 3m3 minutes ago
She was saying how much better she felt - it was a weight off shoulders.

Nina Schutzman ‏@PoJoNSchutzman 5m5 minutes ago
DeQuarto is shown a copy of his Miranda warning card - he read Graswald her rights from the copy of the card, he testifies.

Nina Schutzman ‏@PoJoNSchutzman 3m3 minutes ago
DeQuarto is asked to read Miranda warning out loud – right to an attorney, etc. - he read to Graswald at barracks before interview began

Nina Schutzman ‏@PoJoNSchutzman 2m2 minutes ago
DeQuarto: She said she understood her rights, I asked if she wanted to talk now, she said yes.

Nina Schutzman ‏@PoJoNSchutzman 2m2 minutes ago
DeQuarto: She asked if she could move her chair closer to me, I said yes

 

[JerseyGirl]

These tweets are being copied and pasted in the order they are posted. You'll see the time stamps are off, that's because I've been refreshing the Twitter page and waiting for a group of tweets to post there before posting here.

 

[Niner]

These tweets are being copied and pasted in the order they are posted. You'll see the time stamps are off, that's because I've been refreshing the Twitter page and waiting for a group of tweets to post there before posting here.

Thanks a BUNCH for posting these tweets!! I'm following here...

:wave:

 

[Niner]

Don't want to be a party pooper, but shouldn't this be in the "Trial" threads? Since we are beginning her trial, right?

Should I ask a Mod to help us? :thinking: Maybe after today's hearing, eh?

 

[JerseyGirl]

Nina Schutzman ‏@PoJoNSchutzman 5m5 minutes ago
DeQuarto: when she was alone in interview room, she was drawing, writing, stretching, doing yoga

Nina Schutzman ‏@PoJoNSchutzman 3m3 minutes ago
She was read Miranda warning about a minute after entering interview room, about 3:24 p.m., DeQuarto says

Nina Schutzman ‏@PoJoNSchutzman 5m5 minutes ago
Prosectuor asks DeQuarto if the disc of Graswald's interview has been altered in any way, DeQuarto says background noise was cleaned up

Nina Schutzman ‏@PoJoNSchutzman 5m5 minutes ago
DeQuarto said he doesn't remember last time he reviewed the disc, "maybe two weeks to a month ago."

Nina Schutzman ‏@PoJoNSchutzman 3m3 minutes ago
Defense attorney Richard Portale is arguing that DeQuarto can't confirm that it's a fair and accurate recording

Nina Schutzman ‏@PoJoNSchutzman 3m3 minutes ago
Portale and prosecutor argue back and forth, "One at a time," judge says

Nina Schutzman ‏@PoJoNSchutzman 5m5 minutes ago
Unless he heard and saw what was going on - he can't state it's a fair and accurate depiction, Portale says of DeQuarto and the video

Nina Schutzman ‏@PoJoNSchutzman 19m19 minutes ago
Prosecutor: He (DeQuarto) can and he did...the video is time stamped

Nina Schutzman ‏@PoJoNSchutzman 16m16 minutes ago
Portale: Is there a log of who accesses recording equipment at your station?
No, DeQuarto says

Nina Schutzman ‏@PoJoNSchutzman 11m11 minutes ago
After interview, around 2:34 a.m. on April 30, 2015, Graswald was taken to other end of state police barracks and processed, DeQuarto says

Nina Schutzman ‏@PoJoNSchutzman 9m9 minutes ago
DeQuarto: During interview, I asked her to draw a picture of the kayak and a picture of the plug on it and she did so.

Nina Schutzman ‏@PoJoNSchutzman 8m8 minutes ago
Portale objects to Graswald's drawing being entered into evidence

Nina Schutzman ‏@PoJoNSchutzman 7m7 minutes ago
DeQuarto describes a drawing made by Graswald during the interview: It says 'free,' picture of island with palm tree, sun shining and birds

Nina Schutzman ‏@PoJoNSchutzman 6m6 minutes ago
Lunch break, back at 2 p.m.

 

[JerseyGirl]

Nina Schutzman ‏@PoJoNSchutzman 34m34 minutes ago
Portale says the video has been admitted into evidence for the purpose of the Huntley hearing and not the trial

 

[JerseyGirl]

Don't want to be a party pooper, but shouldn't this be in the "Trial" threads? Since we are beginning her trial, right?

Should I ask a Mod to help us? :thinking: Maybe after today's hearing, eh?

It is not her trial yet, this is a Huntley hearing but maybe the mods don't feel it belongs in Trials just yet?? I don't know.

Huntley or Miranda hearings: The Huntley hearing is a hearing about statements that prosecutors claim an accused made. At the Huntley hearing, the accused challenges the way the police obtained the statements. The accused can argue that the statements were obtained as a result of actual physical violence, or, the accused can argue that the statements were obtained from him or her without having been warned of his or her rights (commonly known as Miranda rights). Also, the accused can argue that the statement was obtained as a result of an illegal arrest. If the prosecutors do not claim the accused made any statements, then there is no reason to have a Huntley hearing.

 

[JerseyGirl]

Here is this morning's update:

http://www.poughkeepsiejournal.com/...19/graswald-hearing-continue-monday/86034650/

 

[JerseyGirl]

Nina Schutzman ‏@PoJoNSchutzman 2m2 minutes ago
Getting settled again in courtroom, I see Viafore's sister is here and I'm 90 percent sure his ex-wife is here too.

 

[JerseyGirl]

Nina Schutzman ‏@PoJoNSchutzman 11m11 minutes ago
Portale will cross-examine state police investigator Donald DeQuarto. Graswald is uncuffed (she was earlier, too)

Nina Schutzman ‏@PoJoNSchutzman 8m8 minutes ago
Back to April 19, 2015 -- Portale asks DeQuarto about the deposition he signed

Nina Schutzman ‏@PoJoNSchutzman 7m7 minutes ago
Portale asks DeQuarto about a "710.30" form dated April 30, 2015 - a "memorialization of your conversation with my client"

Nina Schutzman ‏@PoJoNSchutzman 6m6 minutes ago
When DeQuarto typed 710.30 out on 04/30/15, he was relying on some notes to remember Bannerman conversation with Graswald

Nina Schutzman ‏@PoJoNSchutzman 4m4 minutes ago
Portale: When did you take the notes that you used to type the 710.30 notice?
DeQuarto: Early morning of April 30, 2015

Nina Schutzman ‏@PoJoNSchutzman 4m4 minutes ago
Some info on the 710.30 (I had to look it up) http://codes.findlaw.com/ny/criminal-procedure-law/cpl-sect-710-30.html

Nina Schutzman ‏@PoJoNSchutzman 4m4 minutes ago
Portale: You did not take notes or record the conversation with Graswald on Bannerman?
DeQuarto: No notes (at the time) and no recording

 

[JerseyGirl]

Nina Schutzman ‏@PoJoNSchutzman 4m4 minutes ago
By April 20, 2015, police had recovered the kayaks; Storm King Fire Department took possession, DeQuarto says

Nina Schutzman ‏@PoJoNSchutzman 3m3 minutes ago
Back to April 19, 2015 - DeQuarto again says he gave Graswald ride from Montgomery-based barracks to Viafore's Jeep, parked at Plum Point

Nina Schutzman ‏@PoJoNSchutzman 3m3 minutes ago
Graswald had keys to the Jeep, DeQuarto says

Nina Schutzman ‏@PoJoNSchutzman 3m3 minutes ago
DeQuarto met with DA’s office several times in preparation of hearing, he says. Last time was a few days prior to hearing (June 6, 2016)

Nina Schutzman ‏@PoJoNSchutzman 11m11 minutes ago
DeQuarto discusses the night of April 19, 2015 - he was on duty and got a call from another trooper.

Nina Schutzman ‏@PoJoNSchutzman 11m11 minutes ago
DeQuarto spoke to Graswald on phone before he went to St. Luke's Hospital. (Graswald was there because her kayak capsized)

Nina Schutzman ‏@PoJoNSchutzman 8m8 minutes ago
Portale is showing DeQuarto evidence exhibits - notes the investigator made

Nina Schutzman ‏@PoJoNSchutzman 6m6 minutes ago
When DeQuarto arrived at hospital on 4/19/15, Graswald was getting ready to leave, he says.

Nina Schutzman ‏@PoJoNSchutzman 5m5 minutes ago
Portale: Why bring her back to the barracks?
DeQuarto: That's what we do

Nina Schutzman ‏@PoJoNSchutzman 3m3 minutes ago
Defense asks if Graswald's original deposition was "criminal supporting deposition"; DeQuarto says he just knows it as supporting deposition

Nina Schutzman ‏@PoJoNSchutzman 2m2 minutes ago
Portale asks DeQuarto if it was important to him to have Graswald on a supporting deposition. Prosecutor objects, judge sustains

 

[JerseyGirl]

Nina Schutzman ‏@PoJoNSchutzman 5m5 minutes ago
DeQuarto recounting conversation he had with Graswald at barracks on April 28, 2015

Nina Schutzman ‏@PoJoNSchutzman 5m5 minutes ago
DeQuarto says he learned about Viafore's life insurance a few days after kayak capsized. (Graswald stood to gain $250k as a beneficiary)

Nina Schutzman ‏@PoJoNSchutzman 3m3 minutes ago
Graswald showed up to barracks with Laura Rice, Viafore's sister, on April 28, 2015. DeQuarto said he spoke with Rice prior to that

Nina Schutzman ‏@PoJoNSchutzman 2m2 minutes ago
We're jumping around with dates, so now on 4/29/15 on Bannerman - DeQuarto did not have his gun, was wearing jeans and t-shirt, he says

Nina Schutzman ‏@PoJoNSchutzman 4m4 minutes ago
Scuba team transported state police to Bannerman that day but they didn't have scuba gear, had not done a "submerged scuba search"

Nina Schutzman ‏@PoJoNSchutzman 3m3 minutes ago
DeQuarto says he walked the Bannerman shoreline by himself. Graswald arrives on the island around noon, 12:15 p.m.

Nina Schutzman ‏@PoJoNSchutzman 3m3 minutes ago
DeQuarto didn't see Graswald getting off boat with flower memorial for Viafore, he saw it on the dock, assumed it was hers

Nina Schutzman ‏@PoJoNSchutzman 2m2 minutes ago
Judge calls a quick recess