Just after 11:45 a.m., a man from the offices of Angelika Graswald's lawyer, Richard Portale, dropped off paperwork requesting that bail be set for her.
A bail hearing would, as a matter of law, require prosecutors to lay out, at least in part, information to show the strength of their case against her and other facts that might weigh toward an eventual conviction.
Graswald was arrested April 29, charged with second-degree murder after the April 19 disappearance of her fiance, Vincent Viafore, 46, of Poughkeepsie, as the couple kayaked on the Hudson River near Bannerman's Island.
Viafore's body has not been recovered, and police and prosecutors have remained mum on how they believe Graswald killed him. She has been held without bail since her April 30 arraignment, because local courts cannot set bail in class A felony cases.
"We just want to make sure the process is fair and straightforward," Portale said when asked for comment.
"Mr. Viafore remains unaccounted for and Ms. Graswald has not confessed to any criminal act," Portale wrote. "Therefore, as it is highly unlikely that the OCDA has been able to circumstantially prove that a death has occurred at this early stage of this investigation, there is little likelihood of a successful grand jury vote in favor of any homicide and any homicide count so voted would likely be infirm."
Because some kind of indictment action has been taken, Portale concludes, he asks that the County Court allow him to argue for bail for Graswald.
A bail proceeding will likely be held on Wednesday in Orange County Court.
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