GUILTY NY - Vincent Viafore, 46, Newburgh, 19 April 2015 - #1

[BunnyHop]

Very good question. I was thinking the kayak filled with water and he was struggling with a sinking kayak more than a capsized one. What in the world did she do to that kayak?

They found his kayak, she even directed them to it, so imo it did not sink.
The paddle floats also. I think he was drugged and hit by hypothermia.

I wish he would have just swam for it.

 

[kimi_SFC]

Portale said he has reason to believe Graswald's statements were coerced.
Graswald, who is originally from Latvia and in the US with a permanent resident card, is "very confident sounding, so even if she doesn't understand what you're saying, she'll answer in an affirmative tone," Portale said. She was suffering from hypothermia and the loss of her fiance a very clear language barrier.
[...]
And there's a big difference between inconsistencies and a confession, Portale said.
"What's changed that has caused the government to now characterize my client's statements as a confession?" Portale added. "Unless we were misled" by police in the first place. "It's all going to come out" and the defense will get "our hands on the statements, and find out whether they were voluntary or forced."

Despite the $3 million bail, Portale classified the hearing as a "success. The mission today was to find out what, if anything, the indictment was for."
As for Graswald, Portale said she is "depressed, shes hurting...(but) she's confident that by the time this is over, the truth is going to come out.

State Police
A photo of the kayaks Graswald and Viafore were in was provided by state police at a press conference. Viafore was in the blue kayak, police said.

Embedded video:
VIDEO: DA: Graswald said she 'felt good knowing' fiance would die http://www.poughkeepsiejournal.com/videos/news/2015/05/13/27252653/


http://www.poughkeepsiejournal.com/story/news/2015/05/13/graswald-bail-set-hearing/27248067/


Sent from my iPhone using Tapatalk

 

[BunnyHop]

I also think they went to Newburgh first, they have a waterfront "scene" there. Lot's of partying. They could have gone for brunch. That would help explain in my mind, why they went over to the west side of the river. She planned it that way IMO.

She had that tribute party over there for him (previous link) and the party goers were told to be quiet by authorities.
That could tie in to their testimony that the couple were also there that fateful day. Thinking out loud.

 

[Inthedetails]

"Viafore held onto his boat for 5 to 10 minutes, but Graswald called 911 some 20 minutes after his kayak capsized."

http://www.kpho.com/story/29056890/...illing-kayaker-fiance-confessed#ixzz3a3M5zWyy

She had time to change her mind and help. And she didn't.

 

[Inthedetails]

snipped

Portale said he has reason to believe Graswald's statements were coerced.
Graswald, who is originally from Latvia and in the US with a permanent resident card, is "very confident sounding, so even if she doesn't understand what you're saying, she'll answer in an affirmative tone," Portale said. She was suffering from hypothermia and the loss of her fiance a very clear language barrier.

Did she arrive in USA in her teens? She's not a new immigrant, if I recall.

 

[frisson]

I wouldn't be surprised if the ruse was to go to the island on a "moody" (cloudy, windy) day for photographs among the ruins. The guy liked the camera and she was a photographer. I'd like to see if photographs show up as evidence of the day.

Yes.

This ^^^^^^^

 

[BunnyHop]

Portale said he has reason to believe Graswald's statements were coerced.
Graswald, who is originally from Latvia and in the US with a permanent resident card, is "very confident sounding, so even if she doesn't understand what you're saying, she'll answer in an affirmative tone," Portale said. She was suffering from hypothermia and the loss of her fiance a very clear language barrier.
[...]
And there's a big difference between inconsistencies and a confession, Portale said.
"What's changed that has caused the government to now characterize my client's statements as a confession?" Portale added. "Unless we were misled" by police in the first place. "It's all going to come out" and the defense will get "our hands on the statements, and find out whether they were voluntary or forced."

Despite the $3 million bail, Portale classified the hearing as a "success. The mission today was to find out what, if anything, the indictment was for."
As for Graswald, Portale said she is "depressed, shes hurting...(but) she's confident that by the time this is over, the truth is going to come out.

State Police
A photo of the kayaks Graswald and Viafore were in was provided by state police at a press conference. Viafore was in the blue kayak, police said.

Embedded video:
VIDEO: DA: Graswald said she 'felt good knowing' fiance would die http://www.poughkeepsiejournal.com/videos/news/2015/05/13/27252653/


http://www.poughkeepsiejournal.com/story/news/2015/05/13/graswald-bail-set-hearing/27248067/


Sent from my iPhone using Tapatalk

His blue boat has a round, black, storage hatch, with a cover. I wonder if they found rocks or weights in there.

 

[Inthedetails]

His blue boat has a round, black, storage hatch, with a cover. I wonder if they found rocks or weights in there.

But so strange that she could tamper with something like that without an experienced kayaker like Vincent noticing. After all they made it TO the island without capsizing. What happened on that island?!

 

[Kadoober]

Holy cats! I've got catching up to do here.... but wow. Never in a million. Years would I have guessed that her 'inconsistent statements' would have been a full on confession. My questions, which may already be answered are 1) how does one tamper with the kayak of a known water fanatic so that he doesn't catch on immediately and 2) why 2nd degree and not first?

Looks like she never got around to regretting her decision, eh?

I am dumbfounded.

 

[Kadoober]

Pfftt.... it's a pretty big leap to go from feeling trapped in a relationship to happily watching your man drown. What a cold you know what.

And language barrier? Please. She's been here for 15 years.

 

[Annie1004]

I was wondering about first degree murder as the charge shows premeditation. Then I thought second degree murder because it will be easier to get a conviction by a jury. Plus the bar is high for a first degree. But I really dunno.

 

[BunnyHop]

But so strange that she could tamper with something like that without an experienced kayaker like Vincent noticing. After all they made it TO the island without capsizing. What happened on that island?!

They could have been drinking and she could have drugged him.
If he was impaired, he may not have noticed she weighted his kayak.
I'm just guessing here. Sometimes kayaks have floatation in the bow and stern, I wonder if theirs did? If yes she could have removed it.

 

[Lilibet]

snipped

Did she arrive in USA in her teens? She's not a new immigrant, if I recall.

I listened to her speak to a reporter and she is very fluent IMO.

That being said, length of time living here isn't necessarily an indicator of fluency IMO. I have three different friends who immigrated from The Netherlands decades ago in their youth. Two speak impeccable English with just a trace of an accent. One has an obvious accent and poor sentence structure. Her use of pronouns is confusing. She's well educated but just stopped progressing and hasn't improved in over thirty years. I can imagine her getting confused and being misunderstood by LE when under stress.

But not Angelika. Nope.

 

[RR0004]

OMG. A cold, calculating, heartless ?!$@&.

OMGoodness!

 

[steelman]

In a news conference after Ms. Graswald’s arrest, investigators declined to say whether Mr. Viafore had a life insurance policy. But Mr. Portale said that Mr. Viafore had such a policy and that his sister was the primary beneficiary.

Julie Mohl, an assistant district attorney, said Ms. Graswald, 35, was aware that she was the beneficiary in two life insurance policies belonging to Mr. Viafore, who was 46. Ms. Mohl said that Ms. Graswald stood to gain $250,000 and “talked about what she could do with the money” after his death.

In a news conference after the hearing, Ms. Graswald’s lawyer, Richard A. Portale, seemed baffled by the turn of events, calling the contrast between inconsistencies and an apparent confession “a really big difference.”

Graswald as seen in court today

http://www.nytimes.com/2015/05/14/n...ction=article&isLoggedIn=false&pgtype=article

 

[Lilibet]

I was wondering about first degree murder as the charge shows premeditation. Then I thought second degree murder because it will be easier to get a conviction by a jury. Plus the bar is high for a first degree. But I really dunno.

I don't know if you got a chance to read the links I posted yesterday about NY murder charges. It helped me make a little more sense of the second degree murder charge, which is actually the most common charge in NY. First degree is reserved for very specific cases.

Here is the most relevant part of a link:

First Degree Murder
According to the New York penal code, murder instantly becomes first degree when the victim is a police officer, correctional worker or killed to prevent witness testimony on a prior case. First degree murder is also the charge when especially cruel or painful means are used to hurt the victim prior to death. Judges and fireman are also included in the list of victims of first degree murder.

Second Degree Definition
Most murders in New York will be second degree, unless further evidence warrants reducing the charge to manslaughter. Second degree murder in New York requires that a person had the intent to kill the victim. If a person is charged with murder that was in reality an assisted suicide, the charge also typically becomes second degree murder.
Read more : http://www.ehow.com/info_8202171_differences-new-york-state-law.html

http://www.websleuths.com/forums/sh...-2015-*ARREST*/page16&p=11766406#post11766406

 

[BunnyHop]

Agreed.
Also, why would her attorneys be so adamant that she be released or even given bond IF she admitted to all that? What am I missing?

I'm wondering the same. She confessed, how does she get bail?

 

[Inthedetails]

I'm wondering the same. She confessed, how does she get bail?

I'm not sure what she would be required to post for the $3M, but she doesn't have anything as far as I know to put up for collateral. I'm thinking they won't accept a promise of his insurance policy payout. I am assuming she is still in jail. ??

I also think the defense lawyer was pushing for info today even more than pushing to get the client out of jail. Well, now he knows what he's working with. Good luck.

 

[Lilibet]

I'd really hate to be her defense attorney today after finding out what really went down.

 

[steelman]

This should be a lesson to everybody in here why when you are read your Miranda rights, you'd better keep your mouth shut.

What you say, can AND WILL be used against you in a court of law.

She just babbled on and on........and the cops loved every second of it.

Whether they took what she said and twisted it out of context is left to be seen.