Angelika Graswald, 35, is charged with the second-degree murder and second-degree manslaughter of her late fiancé, Vincent Viafore, 46. She faces 25 years to life for the first charge and 15 years for the second. On April 19th, Graswald and Viafore took a kayaking trip on the Hudson River. Graswald is accused of tampering with Viafore’s kayak plug, causing the kayak to fill with water.
Graswald was charged with the death of Viafore 11 days after the incident. Police say that she was arrested based on the inconsistency of her statements that led investigators to be suspicious. Graswald reportedly made statements that implicated herself in the crime, which gave investigators probable cause to make an arrest.
Despite Graswald admitting to investigators “it felt good knowing he was going to die,” she is pleading not guilty. Part of her defense will center around an allegation that Viafore was intoxicated at the time of his death. Autopsy results are still pending.
Admissibility of Graswald’s statements
Graswald’s lawyer, Richard Portale, is skeptical about Graswald’s statements to investigators and will look into whether they were voluntary. If Graswald’s statements to police investigators were not made voluntarily, her Miranda rights may have been violated. Statements made orally or in writing in violation of a person’s Miranda rights must be suppressed and are inadmissible as evidence for trial. Graswald claims that after being read her Miranda rights, she made the mistake of continuing to speak to law enforcement officials and feels she was tricked into divulging information. Portale further claims Graswald, a Latvian native, still struggles with English and may not have understood her rights.
The right to remain silent during criminal interrogation is derived from the Fifth Amendment. A waiver of Miranda rights requires the act to be done knowingly, intelligently and voluntarily. Portale is likely to argue that his client’s limited English prevented her from properly waiving her rights because she was unable to understand her rights and consequences of waiving them.
The prosecution is likely to call attention to Graswald’s possible motives and to her erratic use of social media following the death of her fiancé. Prosecutors allege Graswald’s motive for killing Viafore was “…her only way out,” and to collect from his $250,000 life insurance policy. Graswald’s social media use consisted of posting selfies, playing with her cat and visiting an animal shelter in the days after Viafore’s death.