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

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wfgodot said:
Anything new? My Google Alerts seems to have fallen distressingly silent in this most interesting case!
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Nothing. Her next court appearance is a week from today, Monday, June 22nd.
 

Could Angelika Graswald Have Killed Her Fiance in a Kayak by Doing This?
[..]
INSIDE EDITION's Steven Fabian went out in a kayak to find out. Using a kayak similar to Viafore's, he said, "So, I am in the kayak right now with the plug removed and so far I am not taking on any water even with my body weight. The inside of this kayak is bone dry."
Embedded video of reporter in a kayak similar to VV's with plug removed - although he is smaller in size & weight IMO & More@Link:
http://www.insideedition.com/headli...eacute-in-a-kayak-by-doing-this?viewfull=true



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Kayak Murder Case: Vincent Viafore's Funeral Set, Obit Does Not Mention Fiancée Angelika Graswald
June 9, 2015
[...]
But the obituary's long list of surviving family and friends, including "his former wife and close friend, Suzanne Carson Viafore of Pleasant Valley," does not mention Graswald.
http://www.people.com/people/mobile/article/0,,20929191,00.html


Obituary for Vincent Viafore

f59eac7b1c48316f926e2e075ffc93e8.jpg

ceb5192b6a2f4535bd273a65d019c52e.jpg

Vincent A. Viafore, a Poughkeepsie resident, was tragically taken from us on April 19, 2015. He was 46 years young.

He was born on August 22, 1968 in Bronxville. In 1970, his family relocated to Dutchess County and settled in Wappingers Falls. Vincent attended Roy C. Ketcham High School and was on the wrestling team while graduating in 1986 and later continuing his studies at Dutchess Community College.

He was employed for over 20 years with NYS Office of General Services Design and Construction Department as a Certified Code Enforcement Official and a Senior Project Manager.

He was an avid cook and was known for his incredible “smoked ribs.” He loved the Hudson River Valley and enjoyed running the Walkway on a regular basis while participating in various billiard and volleyball leagues, as well.

He especially enjoyed spending time with his family and friends and had a very close relationship with his nephew, Michael.

[Redacted survivors list]
He was predeceased by his father, Vincent T. Viafore, on July 6, 2004.
[...]
It is requested that all news & media outlets refrain from being present at services – not only as a courtesy to the family, but also to maintain the sanctity of the Holy Sacrifice of Mass.

In lieu of flowers, memorial donations may be made to the Dutchess County SPCA, 636 Violet Avenue, Hyde Park, NY 12538.
Arrangements are under the direction of the McHoul Funeral Home, Inc., 895 Route 82, Hopewell Junction. For service details, online condolences, and memorial donations, please visit Vincent’s “Book of Memories” at www.mchoulfuneralhome.com.

http://www.mchoulfuneralhome.com/book-of-memories/2159378/Viafore-Vincent/obituary.php

:rose:
:floating:
:angel:
 
gitana1 said:
This is rich. Her defense attorney is now trying to make her seem intellectually challenged or insane: "She's starting to understand where she is and what has happened to her." Oh, give me a break. Such artful defense attorney posturing and spin: http://www.poughkeepsiejournal.com/story/news/2015/07/08/kayaker-fiances-court-thursday/29875503/
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Great, this story is back in the news! I kept wondering what happened to her.

From the link above ....

Portale has requested "a laundry list" of evidence, including Graswald's "diary, videos, photographs, things that were recovered, various papers...some of the things, we don't even know what they (evidence) are."

Portale said the defense is still waiting for a full report of Viafore's autopsy, which was conducted in late May.

___

What's next:

The Orange County Court has scheduled pretrial legal proceedings for Sept. 11, Sept. 28 and Oct. 16.

http://www.poughkeepsiejournal.com/...am-awaits-evidence-kayakers-autopsy/29922127/

although this article does not mention 9/11:

Assistant District Attorney Julie Mohl and Graswald's lawyer, Richard Portale and co-counsel Jeffrey Chartier - Judge Robert Freehill set Sept. 28 as the date for all of the legal papers to be filed and Oct. 16 for Graswald's next court date. Freehill will issue a decision on the lawyers' requests and set hearing dates on Oct. 16.

http://www.recordonline.com/article/20150709/NEWS/150709437
 
Thank you SO much JerseyGirl!
:bow:


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---
“The river is as dangerous as it is beautiful,” said forensic scientist Michael Archer.

Archer has been working on a previous Hudson River kayak drowning, in which the survivor was charged with murder.

The similarities between that case and the more recent one were that alcohol was involved, and the fully-clothed victim was found without a life jacket. The dissimilarity is that Fruchtmann was also without a life jacket and was in the same kayak, and police say there is no suspicion of wrongdoing.

But the defense team for Graswald is keeping close tabs on the latest incident.

“I’m not going to give up a defense strategy, but obviously, everyone in the first case is paying attention to this one,” Archer said.
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http://newyork.cbslocal.com/2015/08/10/hudson-river-kayaker-body-found/
 
kimi_SFC said:
Wow, why anyone (much less two people) would dare to take kayaks out on the Hudson without life jackets after what happenened to Vincent is mind boggling. Granted, alcohol is said to have played a role, but still, this is :crazy: to me.

ETA: the similarities between the two cases are striking. :(

:moo:

:rose:


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Although many don't learn from the experience of others, I suspect that these two were really impaired and weren't thinking clearly when they made the tragic decision to go kayaking. People do really stupid things when they are drunk...like drive cars. :steamed:

“Alcohol may have played a role in the capsizing. We’re still investigating that,” said Dutchess County Sheriff’s Capt. John Watterson. “(Fruchtmann) was under the influence of alcohol when interviewed.”
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BBM

Have we ever been told whether Vincent had been drinking to the point of serious impairment before they took off in the kayaks? I don't remember. For him not to wear a life jacket boggles my mind. I'm sure the attorney will address this if it goes to trial. JMO
 
:bump:

Court hearing September 11th - correct? :waitasec:

:tyou: in advance!
 
NYT:

Autopsy Cites ‘Intentionally Removed’ Plug in Ruling Kayaker’s Death a Homicide

---
Jeanine Pirro, a former district attorney in Westchester County, said medical examiners typically gave the manner of death, whether accident, suicide, homicide or undetermined, without elaborating.

“That is a very unusual way of describing manner of death,” Ms. Pirro said in a phone interview. “It’s rare that you get something next to the manner of death that is so outside the analysis of the body.”

“Let’s assume that the drain plug was removed,” she added. “It doesn’t mean it’s a homicide. It could mean that it was removed by accident. What does that have to do with the drowning? If that’s what the medical examiner thinks, she’s going to have to back that up on the stand.”
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recordonline.com:

Medical examiner's ruling of homicide in Viafore's kayaking death riles Graswald's attorney

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Graswald’s lawyer, Richard Portale, on Thursday said the determination of homicide on the autopsy report by Orange County’s Chief Medical Examiner, Jennifer Roman, includes a line stating that she drew the conclusion of homicide because of information that the “kayak drain plug intentionally removed by other.” That oversteps the evidence, Portale said.

"I'm not impressed with that at all," he said. He spoke with a number of kayaking experts, he said, and they all agree: "The drain plug wouldn't do that."

The medical examiner based her theory on an implausible claim by police, Portale said. She has a responsibility to conduct her own examination, he argued, and should have examined the kayak or consulted an expert before taking the police explanation at face value. Portale also said he has reviewed Graswald's taped interviews with police, and they're not as damning as prosecutors claim.
---
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more at the links
 
Viafore had a blood alcohol concentration of 0.066 anda two-inch abrasion on his torso and bruises on his chest and arm.

Richard Portale, Graswald’s lawyer, takes issue with the medical examiner’s conclusions. “They only rely on false statements from the New York State Police, and rather than doing their own investigation, contacting their own experts, contacting kayaking experts, examining the kayak, speaking to the manufacturer, [the medical examiner] just relied on what they told her. And then for her to use the word ‘intentionally?’ Did she find that under a microscope? In New York, a medical examiner properly relies on the medical evidence…. They can take other things into consideration, but the issue of intent, that’s the issue for the jury.”
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Conferences in the case are next scheduled for October 16.

http://www.newsweek.com/vince-viafore-kayaker-autopsy-homicide-371066

A forensics expert called the reference to the plug in the autopsy a "red herring," saying it suggests intentional murder in a way it's not the role of medical examiners to do:
"That’s not something the medical examiner should be writing down...The way it was written sounds like the medical examiner was saying it’s clearly a murder based on pulling the plug."
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http://gothamist.com/2015/09/10/coroner_plays_detective_in_ruling_h.php
 
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