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

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Setting is Bannerman on 4/29/15, Portale asking about how Graswald was acting; DeQuarto says she was holding her stomach, breathing heavily

Portale is quoting from DeQuarto's notes - the investigator wrote that Graswald was "very upset" that day, Portale says.
Portale: So she was very upset before you sat down on the trail?
DeQuarto: Yes

That day, DeQuarto said: Angelika I know you’re lying to us. Your story doesn’t make any sense – I know there’s more to what happened
Portale: At that point, Graswald was the focus of the investigation?
Objection.
Overruled

DeQuarto: That’s not correct (that she was the focus)
Portale: You noted in report that prior to 4/29 you thought it was suspicious that she didn’t show much emotion.
DeQuarto: I thought the actions I observed were odd and could be considered out of character…for someone who is grieving

Portale: I'm trying to understand – what were you questioning her about, what were you trying to find out?
DeQuarto: She was the last person with him and knew the most about him. I was trying to find out anything I could – we still had not located Vince Viafore.

After DeQuarto listened to 911 call (04/29/15) he wrote: she does not sound out of breath or exhausted, contradictory to previous statements

DeQuarto asked her about status of her cell phone and accused her of lying about it, Portale said. DeQuarto insists he was not suspicious

Portale: DeQuarto asked Graswald how long she had been in the country, how would that info have helped you find Viafore?
DeQuarto says he asked her about a lot of stuff

Back to Graswald's alleged Bannerman confession - Portale asks if DeQuarto read her rights as they spoke in private. No, DeQuarto says

Portale asks why DeQuarto was speaking with Graswald alone.
Prosecutor objects. Portale asks for the basis of the objection.
Judge: How about 'asked and answered six times,' for a start.

After confession, Graswald used Bannerman portapotty alone.
"You weren’t worried about her fleeing?" Portale says.
No, DeQuarto says. I wasn’t concerned she was going to take off. It just didn’t cross my mind.

Prior to Bannerman conversation with Graswald, DeQuarto didn't know location of drain plug on either kayak, he says

on 4/29/15, the kayaks were at state police barracks. After Graswald's confession, DeQuarto said he did not personally inspect kayaks

DeQuarto says he did not personally inspect paddles, kayaks, from the time of Bannerman convo to video interview w/ Graswald




Done for the day, hearing will continue tomorrow at 11 a.m.

https://www.facebook.com/nschutzmanpojo?fref=ts

Thank you Nina Schutzman from the PoJo!
 
JerseyGirl, you've done a stellar job as always
:takeabow:


Sent from my iPhone using Tapatalk
 
Sorry I've been neglecting poor Vincent Viafore's case, but have been busy with the Heather Elvis case the last 2 weeks, but now I'm back.

The final day:

Trying to paint investigators as relentless, defense attorney Richard Portale grilled State Police investigator Donald DeQuarto Tuesday about his interrogation of Angelika Graswald.

Portale asked at one point about the questioning when Graswald was allowed to use the restroom. She came back upset and said she believed she had a miscarriage.

Graswald was questioned for 11 hours, during which time prosecutors said she admitted to killing her fiancé, Vincent Viafore.

Portale also raised questions about whether Graswald understood her Miranda rights. Portale said in the interrogation video it shows Graswald asking, "Who is Miranda?"

Susan McCardell, a volunteer on Bannerman Island, was the final witness was called by the defense. She was there when Graswald met with police while Viafore was still missing. She said she checked on Grawald on three occasions. McCardell testified that State Police were "bullying" Graswald.

Prosecutor Julie Mohl then cross-examined and asked if Graswald ever asked for help or for McCardell to save her. Graswald answered no.

She also testified she was there when Graswald called State Police before leaving for the island to ask if they were still going to meet her there.

http://www.twcnews.com/nys/hudson-valley/news/2016/06/21/graswald-hearings-end.html

A judge said he'll decide on July 28 what evidence and testimony will be allowed in the murder trial of Angelika Graswald.
 
Just caught up...

So we have to :waiting: until July 28th now??!!

and :tyou: JerseyGirl for the tweets!! Great job!! :happydance:

See you all then! :seeya:
 
Judge Robert Freehill is expected to announce his decision regarding the statements on July 28 (this Thursday).

If Judge Freehill rules that Graswald’s confessions are not admissible at trial, prosecutors will be left without any significant evidence in the case, as there were no eyewitnesses to the alleged murder, and no forensic evidence was left behind.

http://lawnewz.com/high-profile/que...cs-may-doom-prosecution-of-kayak-murder-case/
 
Judge Robert Freehill is expected to announce his decision regarding the statements on July 28 (this Thursday).

If Judge Freehill rules that Graswald’s confessions are not admissible at trial, prosecutors will be left without any significant evidence in the case, as there were no eyewitnesses to the alleged murder, and no forensic evidence was left behind.

http://lawnewz.com/high-profile/que...cs-may-doom-prosecution-of-kayak-murder-case/

JerseyGirl, thank you for keeping us up to date with this case. Much appreciated.
 
Today's hearing was 5 minutes. No rulings. Back in court September 30 to set a trial date for October.
 
Here's a link for the above information. :)

Will jury see Graswald's alleged confession? No decision yet
Nina Schutzman, Poughkeepsie Journal 6:20 p.m. EDT September 1, 2016

Will a jury see video footage of Angelika Graswald allegedly confessing to the murder of her fiance, Vincent Viafore? That decision is still up in the air.

In court Thursday, Freehill directed attorneys to submit memorandum by Sept. 9.

Freehill did say that he wants to schedule Graswald's trial during the next scheduled court date, Sept. 30.

Prosecutors from the Orange County District Attorney's Office and Graswald's defense attorneys have an agreement to refrain from discussing the case — beyond basic details, such as scheduling — outside the court.

Graswald was charged with Viafore's murder on April 30, 2015. Since then, she's been awaiting trial in Orange County Jail on a $3 million bail or $9 million bond.

Viafore's body was found May 23, 2015, in the Hudson River.
 
<snip>
As for throwing herself in, capsizing herself.
One cannot readily throw oneself into white water from a kayak. It is theoretically possible she deliberately capsized her kayak, but to know that with any degree of confidence a witness would have to be very close by.

She could just as easily flipped at a time only later thought odd because of other cues. She also was unprepared and unqualified to be on the river that day, given the conditions. I'm surprised, frankly, that she didn't die too.

edited to change thought about the impossibility of tossing oneself into white water from a kayak.
Typically one tries to remain IN, and though I've stood my kayak on end in holes (enders) and gone over waterfalls and run big water backwards, all for fun, it occurs to me it never occurred to me to try throwing myself overboard, so to speak.

Sit on the floor, legs fully extended in front of you, and imagine you are sitting in a kayak; the cockpit, a full 360 oval, comes up to your waist, and you're getting tossed around by waves.

Getting out on purpose? Squirmy, awkward,,difficult, and definitely obvious.

Greetings Hope4More, everyone else.
Hope you've had a great summer. It seems like Angelika will soon get a Trial Date!
I'm sure we'll all learn more than, can't wait to see what transpires, as I bet so neither can, Miss Angelika Lispka,
err Angelika Graswald!

Anyways,
I've wanted to reply to this old post from Hope4More for awhile now,
as I had some pix shot of a bail-out from the same model of kayak, the "Fusion 124' yak, as Vinny Viafore last paddled.
I generally like to paddle sit-on-top kayaks, so when I got his kayak after Thanksgiving last year, I too wondered if a guy or gal
could easily bail outta sit-inside kayak, for Angelika is said to have deliberately bailed outta her own sit-inside kayak
as the rescue boat approached from The Cornwall Yacht Club, supposedly to show these folks that she had tried to do all she could to "save Vinny",
IIRC.

I learned,
by 1 test, that it's easy to bail out of a sit-inside kayak, and then climb back in, just as it is so with a sit-on-top kayak.
This past June, while Angelika was in Court on June 20th, 2016 at that Huntley Hearing,
I paddled out in Vinny's kayak and did what I call a selfie video.

Video shows much, much better what I'm tryin' to write of,
that a person can indeed easily bail out of a sit-inside kayak.

If you have a coupla minutes,
come along on a quick, near-shore paddle with me in this short 4 minute video,
shot in HD using the same kayak as Vincent Viafore last paddled.

If you are a kayaker, there is some good info in there, you can learn from this..
To keep the video short, I did not show the long paddle out and my last bail-out at The Buoy, some 300 yards off-shore
where I sometimes see Great White Sharks breach out there. But, that said, this vid is informative for folks like Hope4More!
Here are 2 Bail-Out of a Sit-Inside Kayak jumps that I did that morning.
RW

[video=youtube;4t0gDSBUbr0]https://www.youtube.com/watch?v=4t0gDSBUbr0[/video]
 
I have some catching up to do on this case but I just watched the 20/20 episode (that brought me here) and I don't get it HOW she was to have killed him? Dumb luck that he capsized & then are they saying she committed a crime of opportunity? He fell over naturally but she took advantage of that ? The plug and the missing ring make no sense. If the paddles didn't work as he required, they wouldn't have made it OUT to the island. The water that could get in that hole was insignificant when compared to the sitting area opening. Just common sense suggests it sunk because of the opening where he sat.
 
I have some catching up to do on this case but I just watched the 20/20 episode (that brought me here) and I don't get it HOW she was to have killed him? Dumb luck that he capsized & then are they saying she committed a crime of opportunity? He fell over naturally but she took advantage of that ? The plug and the missing ring make no sense. If the paddles didn't work as he required, they wouldn't have made it OUT to the island. The water that could get in that hole was insignificant when compared to the sitting area opening. Just common sense suggests it sunk because of the opening where he sat.

The 20/20 episode presented a very biased point of view. Elizabeth Vargas's demonstrations weren't plausible, they weren't under the same conditions. I watched it and concluded Angelika was guilty! Watch RW Wright's demonstrations on this thread to see how the water levels could have swamped the open drain hole plug. She tampered with the paddles while they were out on the island. Also, she bought him beer and he drank it, so he was intoxicated, and she waited to start back until it was getting dark. She waited 20 min to call 911!!! Her statements prove she wanted him dead. She wanted a passive death, which would look like an accident, so she wouldn't be blamed, only she's another Jodi Arias- not as smart as she thinks- a legend in her own mind.
 
Friday's court hearing for Angelika Graswald (accused of murder in fiancé kayak death) has been postponed.

Court calendar says Oct. 21
 
Graswald appeared in Orange County Court today for a conference that has been rescheduled multiple times.

A judge has not finalized a decision on Graswald's pretrial Huntley hearing, which was held over a five-day period in June.

Graswald's hearing will determine whether a trial jury gets to see video footage of Graswald's 11-hour interview with state police.

Graswald is due back in court on Dec. 8. for the finalized decision and scheduling. Her trial could begin in January.

http://www.poughkeepsiejournal.com/...-decision-graswald-pretrial-hearing/93584852/

http://www.recordonline.com/news/20...gs-on-statements-made-in-graswald-murder-case
 
Greetings Hope4More, everyone else.
Hope you've had a great summer. It seems like Angelika will soon get a Trial Date!
I'm sure we'll all learn more than, can't wait to see what transpires, as I bet so neither can, Miss Angelika Lispka,
err Angelika Graswald!

Anyways,
I've wanted to reply to this old post from Hope4More for awhile now,
as I had some pix shot of a bail-out from the same model of kayak, the "Fusion 124' yak, as Vinny Viafore last paddled.
I generally like to paddle sit-on-top kayaks, so when I got his kayak after Thanksgiving last year, I too wondered if a guy or gal
could easily bail outta sit-inside kayak, for Angelika is said to have deliberately bailed outta her own sit-inside kayak
as the rescue boat approached from The Cornwall Yacht Club, supposedly to show these folks that she had tried to do all she could to "save Vinny",
IIRC.

I learned,
by 1 test, that it's easy to bail out of a sit-inside kayak, and then climb back in, just as it is so with a sit-on-top kayak.
This past June, while Angelika was in Court on June 20th, 2016 at that Huntley Hearing,
I paddled out in Vinny's kayak and did what I call a selfie video.

Video shows much, much better what I'm tryin' to write of,
that a person can indeed easily bail out of a sit-inside kayak.

If you have a coupla minutes,
come along on a quick, near-shore paddle with me in this short 4 minute video,
shot in HD using the same kayak as Vincent Viafore last paddled.

If you are a kayaker, there is some good info in there, you can learn from this..
To keep the video short, I did not show the long paddle out and my last bail-out at The Buoy, some 300 yards off-shore
where I sometimes see Great White Sharks breach out there. But, that said, this vid is informative for folks like Hope4More!
Here are 2 Bail-Out of a Sit-Inside Kayak jumps that I did that morning.
RW

[video=youtube;4t0gDSBUbr0]https://www.youtube.com/watch?v=4t0gDSBUbr0[/video]

Greetings, RW. My summer was great, thank you. Best part was another coast to coast and many mountain ranges road trip, with an extended side trip in AZ sleuthing remaining mysteries of a settled trial (posting info and pics, so we could group sleuth in real time -what a blast. :))

As always, I envy how close you are to an ocean, that you can go play in the water whenever you want, and as always, I love your videos. Thanks for doing this one to make a point to respond to my point.

Truthfully, it's been so long since I've thought about this case that I've forgotten most of the details of it, including what has been said and what is actually known about her ending up in the water.

I'll check back after I read up again on all those details, including whether or not she was wearing a skirt (she was, iirc), and what if anything the rescuers by boat witnessed.

One quick note about your video, though, which is there's obviously a big difference between being on the ocean and being on a river with the wind a'blowing, and being out in sunny warm conditions versus being out towards dusk, in cold temps and on cold water without a wetsuit.
 
Ok.......somewhat caught up.

Seems that there are conflicting accounts (maybe just the media's reporting) about how A ended up in the water. One witness allegedly says she capsized, another says she threw herself into the water.

Which makes more sense? My bet is still on her capsizing, not throwing herself in the river.

First- the waves at that point were supposedly 3-5 feet, the current is taking her downstream, it's very cold, and she's been out on the island then on the cold water (approx 48 degrees) for a long time, with street clothes on.

She's not an expert paddler, she's in the wrong boat for this river, every time she takes a stroke with her kayak paddle she splashes 48 degree cold water on herself, making it more difficult to firmly grasp her paddle. IMO it's extremely unlikely she has full control of her kayak by the time she calls 911.

Second. She's on the phone with 911 when they tell her a rescue boat has already been launched and is on the way. From listening to the 911 call again, it sounds like A stops speaking with the 911 operator just as the rescue boat is in her sight. The next sound on her end is the sound of river water, as the 911 operator says A's name.

It would seem that A went into the water just as the rescue boat approached. Kind of coincidental, looking at that fact right now, but OK. Let's say A is guilty of not wanting to save Vincent after he flipped (sorry, I still don't believe that the plug had anything to do with anything, and the missing ring is a non sequitur), and she wants her rescuers to find her in the water, now that they're safely nearby.

Leaving aside how "easy" it sound be for her to leap out of her boat, why would she even do that? What benefit to her? The rescue boat is in sight and approaching. The odds are they have eyes on her (and binoculars). Why leap and look (deeply) suspicious when all she had to do was deliberately capsize?

One obvious difference is to the detriment of her story if "guilty." Her kayak is upside down if capsized, and right side up if she lept into the water. Which better matches the scenario she would have wanted the rescuers to see and believe?

---
And, on the sole point of whether or not it was feasible for her to leap from her boat, whether she did or not. IMO, yes, because anything is possible, but no, extremely unlikely at that time and in that situation. Numb or numbing hands and feet and legs, waves of 3-5', wind, downstream current, needing her paddle in the water to maintain direction and balance, having to drop her paddle (or to hold onto it, somehow) as she used her hands to push herself upright out of the kayak seat, and then, half crouched, what? The river would have turned her kayak sideways, quickly, more likely capsizing than not. Same end.

Not seeing it. I think she most likely capsized, on purpose or not....
 
It's still unclear whether a jury will see video footage of Angelika Graswald's alleged murder confession, and the decision is unlikely to come before December...

During the police interview, Graswald, a native of Latvia, had a conversation with a Russian interpreter. The judge wants a transcription of that exchange in English. It's unclear whether the Orange County District Attorney's Office already has a transcript of that exchange in English and needs to have it certified before submitting it, or does not have a transcript.
In addition to the interview footage, the Huntley hearing will also determine whether a jury will hear testimony about Graswald's first alleged confession to police, which investigators said happened on Bannerman, 10 days after Viafore's kayak capsized in the Hudson River. The first confession was not recorded, investigators have testified.

http://www.poughkeepsiejournal.com/...-decision-graswald-pretrial-hearing/93584852/
 
Just a reminder - this coming Thursday, 12/8 a hearing, I believe, or is it the start of trial?
 

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