On the request of the judge, testimony in a pre-trial hearing in Angelika Graswald's case Thursday began with the state trooper responsible for making the state police dive boat available for several investigators to get to Bannerman Island.
They say their purpose was to re-create the six hours before Graswald's fiance, Vincent Viafore, disappeared. Viafore and Graswald were kayaking on the Hudson River, and visited the island before Viafore's kayak flipped.
But the defense contends investigators' real purpose was to question Graswald. In previous testimony, senior investigator Aniello Moscato said Graswald admitted she pulled the plug on Viafore's kayak. But Graswald was not under arrest when she allegedly made her admissions, and it might not qualify as evidence should the case go to trial.
Graswald has pleaded not guilty to second-degree murder and manslaughter charges.
Investigator Anthony Dasilva then took the stand. He testified that, after Graswald allegedly made the admission, she willingly agreed to go back to the barracks and speak further with investigators. He said on the way, she made the statement "I'm free," which he says he found surprising.
Another question is where Graswald's phone was. It was first thought to have been lost on the Hudson, but Dasilva said the rescuers on the boat that snagged Graswald from the river said they saw her make a call on their way back to shore. Dasilva says Graswald told him she would try to find it.
Attorneys are under a gag order preventing them from discussing the case, but defense attorney Richard Portale gave some insight on how Graswald is doing.
"Well, she's a little confused naturally, but other than that she is holding up well," Portale said. "She's ready, you know, she's ready. She wants to go home."