Lawyer calling for missing kayaker's fiance to be released from jail

GOSHEN, N.Y. (WABC) -- There's a call for the woman charged with killing her fianc while kayaking to be released from jail.

The lawyer for Angelika Graswald said she hasn't been indicted by a grand jury in the death of Vincent Viafore and should be freed.

"If she's been indicted for murder in the second degree, which I think is going to be difficult to do, if that's the case just let us know," said Richard Portale, defense attorney.

Portale spoke outside of the Orange County Jail minutes after meeting with Graswald has been held for nine days.

The White Plains-based attorney now represents the 35-year-old murder suspect, although she has yet to have been formally charged.

"We've been given different answers, inconsistent answers, she's been indicted, she's not, murder in the second degree, not murder in the second degree, so I think everybody just wants some disclosure," Portale said.

Last month Graswald and her fianc were kayaking in the Hudson River when she claims both capsized in choppy water.

She was wearing a life jacket, 46-year-old Vincent Viafore was not and his body has not yet been found.

State police arrested Graswald after they say she made statements implicating herself in Viafore's death, but her lawyer disputes this.

"We've had hours of conversations with Ms. Graswald and I don't know what evidence they could have , not only in the fact that there was a death, but that there was criminal means used to cause that death," Portale said.