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

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The story here:

Portale told the judge that prosecutors have repeatedly and intentionally withheld documents from the defense - the kayaking expert's report, bench notes and audio from the autopsy, police interview notes for various witnesses, videos from businesses near the Hudson, etc.

"It's not fair, and it's been going on for the entire case," Portale said
Click to expand...
http://www.recordonline.com/news/20170313/psychiatric-defense-planned-in-graswald-murder-trial

#freeangelika

Somewhere along the line, before any of this happened, she stepped on the wrong toes.
 
So they canceled the start of the trial for March 16th, and will be back April 6th??

TIA!
 
JerseyGirl said:
Ultimately, the case will turn on expert kayak testimony. To convict Graswald of second-degree murder, or even the lesser charge of manslaughter in the second degree, prosecutors will have to convince a jury that the drain-hole—an opening the size of a penny—caused Viafore’s boat to take on water and flip. Even though the cockpit is a far more likely source for the water.

Here are eight decisions Viafore made on his own, each of which put him at more risk than paddling without a drain plug.
1. No immersion protection
2. No spray skirt
3. Cheap box-store kayak
4. No life jacket.
5. No idea about what he was paddling into.
6. No clue how to help himself.
7. Alcohol.
8. No reasonable expectation that Graswald could help him.

#freeangelika
Click to expand...

I have mixed feelings about this case. It's always difficult to have a defendant who comes across unlikable and manipulative IMO and has said things that are damning. However, those aren't necessarily indicative of guilt. Unpleasant people do confess under duress. It's also hard to have a victim who disregarded basic safety rules, endangering not just his own life, but his fiancée's. But that isn't necessarily indicative of her innocence.

Thankfully, I'm not a juror. If the state is going to base its case on the missing plug and her lengthy interview and confession, I'm not sure that would be enough to convince me of her guilt. I would probably have reasonable doubt based on Viafore's decisions to ignore safety rules and the unlikelihood that the small hole could be more of an issue than the absence of cockpit skirting. I don't think she will be convicted unless the state produces "smoking gun."

Does anyone know why her bail is so high?
 
Hi all,

I found an article dated March 13th
http://thetrialdiaries.com/psychiatric-defense-planned-in-graswald-murder-trial/

Freehill told the lawyers the Commissioner of Jurors had arranged to call hundreds of jurors for screening for the scheduled Thursday start to trial. Now, Freehill said, he must adjourn the case to April 6 for another conference.


K - Thursday would have ben March 16th, but for the life of me, can't find ANY updates on this. So I gather they are already picking the jurors, but there is another conference hearing on April 6th. But no trial date set yet.

:dunno:
 
I haven't followed this case that closely so I'm probably missing something, but why would this woman want her fiancé dead? If she didn't want to be his fiancé anymore, why didn't she just leave him? Why state to LE she wanted him dead? Is she just a nut job or a sociopath, but is completely innocent? Or was she really wanting that insurance money so badly she either played a direct role to cause his drowning, or she was laughing while while watching him drown accidentally?
 
neesaki said:
I haven't followed this case that closely so I'm probably missing something, but why would this woman want her fiancé dead? If she didn't want to be his fiancé anymore, why didn't she just leave him? Why state to LE she wanted him dead? Is she just a nut job or a sociopath, but is completely innocent? Or was she really wanting that insurance money so badly she either played a direct role to cause his drowning, or she was laughing while while watching him drown accidentally?
Click to expand...
BBM

Good questions. I don't think you missed the answers, and I hope they are answered at trial. It's interesting that her defense attorneys are planning a psychiatric defense. Does that imply she's guilty but mental illness led to her actions?
 
Another delay in the trial of Angelika Graswald. This is disgraceful.

"Justice delayed is justice denied," said William E. Gladstone, four-time prime minister of Great Britain between 1868 and 1894.

It's well past time when defense and prosecution and judge must give this case top priority. And let's not try the case in the newspaper.

http://www.poughkeepsiejournal.com/story/opinion/letters/2017/03/31/graswald-trial-delay/99740660/




Both sides are due back in court April 6.

http://www.poughkeepsiejournal.com/...-after-late-psychiatric-exam-notice/99126138/
 
Jury selection for Graswald’s murder trial will begin on June 13.

[Judge] Freehill also allowed Portale to move forward with a psychiatric expert to argue that Graswald falsely confessed when she made incriminating admissions to state police investigators in an 11-hour interview session nearly two weeks after Viafore’s death.

Portale previously stated that he would present the false confession defense, based on an evaluation by forensic psychologist Marc Janoson of Manhasset.

DA Byrne asked that Portale provide information on any psychiatric therapies and medications Graswald has been prescribed in the past, and to waive medical confidentiality so prosecutors can get Graswald’s full psychiatric record.

Byrne also asked Freehill to issue a subpoena for interviews of Graswald done by News 12 and ABC - one before her arrest, and one after she was locked up. Byrne said those interviews - done close in time to the events - would help the prosecution expert evaluate Graswald’s state of mind.

Portale questioned the relevance of those outtakes. “I can see relevance,” Freehill told him. “Whether I’m going to do it or not remains to be seen.”

The June 13 trial date is firm, Freehill warned.

http://www.recordonline.com/news/20170411/trial-date-set-in-hudson-river-kayak-murder-case
 
Got a Google Alert on this case this afternoon:

Woman charged with killing fiancé as they kayaked back in court

http://www.recordonline.com/news/20...illing-fiancxe9-as-they-kayaked-back-in-court

On Tuesday, Judge Robert Freehill held the conference with defense lawyers Richard Portale and Jeffrey Chartier and the prosecutors, Senior Assistant District Attorney David Byrne and Chief Trial Assistant District Attorney John Geidel, in his chambers, out of sight and hearing of the public and press.

When they returned, Freehill announced that he’ll regard a May 8 letter and attachments as a motion, and gave the defense until 1 p.m. Friday to respond. Graswald and the lawyers will be back in court on Monday to further discuss the matter, Freehill said, and “trial aspects regarding jury selection.”

[....]
Graswald, 37, faces charges of second-degree murder and manslaughter, and remains jailed on $3 million bail or $9 million bond.
 
Lilibet said:
snipped by me....
Does anyone know why her bail is so high?
Click to expand...

Hey you! :wave:

Is she an American Citizen? They have said she is Latvian (but of Russian origin! :) ) - so she might just be in the U.S. as a "green card" or something. Might leave the country?
I don't know! :dunno: Just a guess!
 
Niner said:
Got a Google Alert on this case this afternoon:

Woman charged with killing fiancé as they kayaked back in court

http://www.recordonline.com/news/20...illing-fiancxe9-as-they-kayaked-back-in-court

On Tuesday, Judge Robert Freehill held the conference with defense lawyers Richard Portale and Jeffrey Chartier and the prosecutors, Senior Assistant District Attorney David Byrne and Chief Trial Assistant District Attorney John Geidel, in his chambers, out of sight and hearing of the public and press.

When they returned, Freehill announced that he’ll regard a May 8 letter and attachments as a motion, and gave the defense until 1 p.m. Friday to respond. Graswald and the lawyers will be back in court on Monday to further discuss the matter, Freehill said, and “trial aspects regarding jury selection.”

[....]
Graswald, 37, faces charges of second-degree murder and manslaughter, and remains jailed on $3 million bail or $9 million bond.
Click to expand...

Good to hear this, as I'm always suspected she could be a budding black widow killer. Either way she seems guilty to me. Jmo
 
Angelika Graswald's defense team will seek to prove she falsely confessed to killing her fiancé during her upcoming murder trial, which has been rescheduled again and is now set to start August 15.

"The people (prosecutors) will have the opportunity to have Ms. Graswald examined by the psychiatrist of their choosing," Judge Freehill added.

"The people have contacted an expert... based on the timeline and her availability... she indicated she could have a report to us by the end of July," said David Byrne, a prosecutor with the Orange County District Attorney's Office.

The defense's expert is Long Island-based forensic psychologist Marc Janoson.

Another pre-trial conference has been set for June 20.

http://www.poughkeepsiejournal.com/...-seek-show-false-murder-confession/336960001/
 
neesaki said:
Good to hear this, as I'm always suspected she could be a budding black widow killer. Either way she seems guilty to me. Jmo
Click to expand...
On what do you base this feeling? She'd lived in Poughkeepsie a number of years in relationships with other men. She's 36.
 
Got this from my Google Alert - thought I'd share:

from May 23, 2017
Heather Yakin: Recently Court Decisions Open Door for False Confession Defense
http://www.recordonline.com/news/20...isions-open-door-for-false-confession-defense

Looks like this will be a first in Orange County Court: Angelika Graswald, charged with murder in the kayaking drowning death of her fiancé, Vincent Viafore, will be allowed to present a defense that she falsely confessed.

And thank you for the post on the change of date for trial!

:wave:
 
I just stopped by, I thought her trial started today, I forgot there were so many adjournments.

Pre-trial conference set for June 20. Trial expected to start August 15.
 
:bump: for today pre-trial conference....
 
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