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

[kimi_SFC]

This reply is pertinent IMO:

@********* NYS law allows felony prosecution where any part of felony committed; on rivers, in county bordering http://t.co/VTPSkbjgv1

http://twitter.com/HeatherYakin845/status/603199468159262720


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[kimi_SFC]

1138a
Graswald allegedly moved Viafore's paddle away from him as he struggled to stay afloat in 40 degree water temps

http://twitter.com/PoJoNSchutzman/status/603223706991734784

:furious:



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[JerseyGirl]

I have so many questions after that bit of info today ...

Didn't we pretty much determine that water splashing into a tiny plug hole will not fill it with water? Didn't they say they found the plug at his home? Whose to say he didn't pull it out?

The DA's office has alleged that Graswald removed a plug from Viafore's kayak so that it would fill with water, and tampered with his paddle. She "moved the paddle away from him as he was struggling to stay afloat with water temperatures in the 40 degree range, and failed to render him assistance including timely calls for help," the DA's office said in a statement.

http://www.poughkeepsiejournal.com/story/news/crime/2015/05/25/da-tuesday-viafore-graswald/27938257/

I'm assuming all of her actions above were witnessed by the telescope couple?

 

[kimi_SFC]

Tweet from @recordonline
1156a

Officials confirm Viafore's body found over weekend, release Graswald indictment http://t.co/4E7Y64MBAq

http://twitter.com/recordonline/status/603228338526822401
(snip)
The indictment charges that Graswald intentionally killed Viafore by removing the plug from his kayak so it would fill with water, by tampering with his paddle, and by moving the paddle away from him as he struggled in the water. She failed to assist him, including by failing to call for help in a timely manner, the indictment charges.



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[wfgodot]

Okay! So -- the body's officially Viafore's. They read bad things in her private diary; an interview allegedly produced a confession. The plug was missing. She moved his paddle -- according to, one supposes, the Telescope People. And she might get a quarter-million from the life policies.

They have more, right? Because this paltry offering does not amount to a single hill of beans.

Hm. Thought they'd done this? From cbslocal.com:

Autopsy For Man Whose Fiancée Claims Died In Kayaking Accident Set For Tuesday

^ for now at least, article says nothing about autopsy other than headline

Poughkeepsie Journal:

DA: Graswald tampered with Viafore's kayak, paddle

---
The DA's office has alleged that Graswald removed a plug from Viafore's kayak so that it would fill with water, and tampered with his paddle. She "moved the paddle away from him as he was struggling to stay afloat with water temperatures in the 40 degree range, and failed to render him assistance including timely calls for help," the DA's office said in a statement.

On Tuesday, Hoovler declined comment on the condition of Viafore's body. The investigation is ongoing.
---
Viafore's autopsy was completed on Saturday, according to a news release.
---
Viafore's cause of death will be released under the direction of the Orange County Court.

 

[wfgodot]

Daily Freeman:

Authorities confirm body found in Hudson River was missing kayaker; fiancée indicted for murder

 

[Inthedetails]

Thank you, WSer's for providing coverage of the press conference. Much appreciated.

Yes, I agree, that the federal information is interesting - the river might not have been such an "easy" place to commit that crime after all. I wonder if it will be automatically bumped up to a federal charge because it occurred on the river. How does that process work?

 

[BunnyHop]

I hate News12, nationwide! I refuse to sign up even though I have Comcast. They do the same thing on their Facebook page, lure you in with a tease and when you click over to them, force you to sign up.

It's so frustrating, I can't read Poughkeepsie Journal :gaah:

 

[BunnyHop]

Prosecutors said that Ms. Graswald intended to kill Mr. Viafore, 46, and said that she had removed a plug from his kayak, causing the vessel to fill with water. But a lawyer for Ms. Graswald has argued that the plug had been missing for some time and did not affect the buoyancy of the boat.
Continue reading the main story
Related Coverage



The authorities said that Mr. Viafore’s body was found Saturday in the middle of the Hudson River, near the United States Military Academy at West Point and just south of Bannerman Island, and was recovered from the water by New York State Police troopers.

http://www.nytimes.com/2015/05/27/n...ddle-away-as-fiance-died-prosecutors-say.html

 

[BunnyHop]

Orange County District Attorney David Hoovler, center, addresses media at press conference on Tuesday in Goshen. Also pictured are Orange County Sheriff Carl E. Dubois, left, and state police Capt. Brendan Casey.

http://www.dailyfreeman.com/general...missing-kayaker-fiancxe9e-indicted-for-murder

 

[JerseyGirl]

It's so frustrating, I can't read Poughkeepsie Journal :gaah:

Still?? I usually use up my views but then a few days later, I'll miraculously get a new set of 5 FREE views.

 

[JerseyGirl]

How can the DA argue that she pulled the plug and it filled with water. The kayak never sank, as both were found that night! I don't get it!

 

[BunnyHop]

I have so many questions after that bit of info today ...

Didn't we pretty much determine that water splashing into a tiny plug hole will not fill it with water? Didn't they say they found the plug at his home? Whose to say he didn't pull it out?


http://www.poughkeepsiejournal.com/story/news/crime/2015/05/25/da-tuesday-viafore-graswald/27938257/

I'm assuming all of her actions above were witnessed by the telescope couple?

I think there's more we don't know about yet.
There may be more witnesses.
If they found her diary, I assume they had a search warrant, so who knows what else they may have found.

I find the timing suspicious, that she waited at least 20 minutes before calling 911 and then conveniently capsizes as a boat just happens to be coming along. If there were witnesses, why didn't they call 911?

JG, was it you that found a link to the witnesses knowing her?

 

[hot cawfeee]

OK---so defense will look to atack and discredit all prosecutions findings ? They must be forgetting that SHE CONFESSED !!!!!
Mercy kids--we are going to have fun in here with all the pre-trial shenanigans

 

[gitana1]

Okay! So -- the body's officially Viafore's. They read bad things in her private diary; an interview allegedly produced a confession. The plug was missing. She moved his paddle -- according to, one supposes, the Telescope People.

They have more, right? Because this paltry offering does not amount to a single hill of beans.

Hm. Thought they'd done this? From cbslocal.com:

Autopsy For Man Whose Fiancée Claims Died In Kayaking Accident Set For Tuesday

^ for now at least, article says nothing about autopsy other than headline

Poughkeepsie Journal:

DA: Graswald tampered with Viafore's kayak, paddle

I disagree that that's paltry. I think it's substantial. She confessed in some detail. People are routinely convicted on much less than this.

Btw, I don't think the telescope couple saw her moving the paddle away. I think she confessed to that.

 

[da fino]

as far as the plug is concerned, it sounds like she may have removed it at the island. otherwise, how did he make it to the island?

if the plug was on top, how did the boat fill? he would have to have been really reckless to head over there without a plug in his boat and no life jacket in those temps regardless.

the plug can be removed, the boat can fill with water and still float, as there are probably some foam inserts that prevent the boat from sinking and the owner from losing his/her kayak entirely.

 

[gitana1]

How can the DA argue that she pulled the plug and it filled with water. The kayak never sank, as both were found that night! I don't get it!

I don't know but I've wondered if with a person in it, a kayak could take on enough water to put them under the water line but when the person is free from the kayak, there'd be enough buoyancy without the weight, to resurface?

 

[gitana1]

Thank you, WSer's for providing coverage of the press conference. Much appreciated.

Yes, I agree, that the federal information is interesting - the river might not have been such an "easy" place to commit that crime after all. I wonder if it will be automatically bumped up to a federal charge because it occurred on the river. How does that process work?

Its a different jurisdiction altogether so it's not a matter of bumping up. It's a choice as to which jurisdiction charges. But sometimes both can charge. In such a case, if the state fails to convict the Feds may have a second bite at the apple.

 

[da fino]

I don't know but I've wondered if with a person in it, a kayak could take on enough water to put them under the water line but when the person is free from the kayak, there'd be enough buoyancy without the weight, to resurface?

that's pretty much exactly what i would expect to happen. besides the cold water being a huge factor, a boat filled with water and barely buoyant is going to be very difficult to move with a paddle.

 

[BunnyHop]

How can the DA argue that she pulled the plug and it filled with water. The kayak never sank, as both were found that night! I don't get it!

Here's my drain plug, mine screws in.
And foam flotation front and rear.

He made it out there ok, that's strange.
Yes he could have been swamped making it hard to paddle.