Hearing for Kayaker Accused of Killing Fiance Hinges on Evidence Admissibility

A pre-trial hearing in the case of Angelika Graswald, the kayaker accused of murdering her fiance during a Hudson River paddling expedition in 2015, ended this week with a glimpse into the prosecution and defense.

Prosecutors said interrogation tapes will show that it was a premeditated crime, that Graswald wanted Vincent Viafore dead, according to news reports.

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Those tapes, plus an earlier conversation police had with her after she called 911, are the heart of the prosecution's case; there's no forensic evidence or witnesses.

Orange County officials charged the Poughkeepsie resident with second-degree murder 10 days after her fiance went missing while kayaking on the Hudson River April 19 near Bannerman Island.

The story police had originally released was that Graswald and Viafore were kayaking at about 7:30 p.m. when rough water and strong wind and currents caused him to capsize. Viafore was not wearing a flotation device and was unable to return to his kayak.

Graswald called 911 to report the incident. During her efforts to assist Viafore, she fell out of her own kayak. She was subsequently located in the water by a boater and was rescued.

According to news reports, the detective who had the initial, untaped conversation with her, said in the pre-trial hearing that Graswald admitted to him that she took her fiance's paddle and said she felt trapped by her fiance and his demands to have sex with him and another woman.

It was after that conversation that police say they informed the 35-year-old of her Miranda rights and then interrogated her for roughly 12 hours.

In the interrogation tapes released to the public, Graswald is heard and seen saying "wanted him dead and now he's gone … and I'm OK with it."

However, she denied killing him and said her 911 calls were "real." ABC News reported.

The other essential piece of evidence for prosecutors is the drain plug in the kayak.

Experts said removing that tiny plug would not make a kayak sink, according to ABC News.

Her attorney Richard A. Portale said in 2015 he thought many of the statements Graswald made before or during the interrogation were coerced or misrepresented.

Portale called a Bannerman Island volunteer to the stand during the pre-trial hearing. Susan McCardell testified that police were "bullying" Graswald, according to TWCNews Hudson Valley.

The judge said he'll rule July 28 what evidence and testimony will be allowed in the murder trial.

Back in December, Judge Robert Freehill remarked that the case was moving sluggishly, according to the Poughkeepsie Journal.

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• Search Begins Again for Kayaker who Capsized Near Cornwall
  
• Woman Accused of Killing Fiancee During Hudson River Trip
  
• Bail Hearing for Fiancee Accused of Kayak Killing