Angelika Graswald appeared in court for the first time since the body of her 46-year-old fiancé, Vincent Viafore, was recovered in the Hudson River, north of New York City last week.
Prosecutors say his girlfriend removed a cap from the kayak and pushed him away from her as he was struggling, allowing water to get in and causing the kayak to sink.
But Graswald's attorney Richard Portale says that tiny plug had nothing to do with Viafore's death.
Portale said, "The claim that they are making is that she removed the plug, it has no bearing on the buoyancy of the kayak whatsoever."
Could a tiny hole the size of a finger on the top of the hull cause a kayak to fill with water and capsize?
INSIDE EDITION’s Steven Fabian went out in a kayak to find out. Using a kayak similar to Viafore’s, he said, “So, I am in the kayak right now with the plug removed and so far I am not taking on any water even with my body weight. The inside of this kayak is bone dry.”
Prosecutors are also claiming that Graswald shoved a paddle out of his reach as he struggled in the water.
Vincent Viafore's death last month appeared to be a tragic accident.
Graswald appeared on local TV and described what happened. She said, “I saw him struggling a little bit. He was trying to figure out how to paddle the waves because they were getting a little crazy. And then I just saw him flip.”
But her bizarre behavior led police to believe it was something far more sinister.
She posted a video on Facebook doing a cartwheel days after his death along with other videos showing her playing with dogs, cats, and a parrot.
Portale said, "She has maintained her innocence 100%. This is a tragic accident. This is not a homicide."
Graswald pled not guilty of murder on Friday and was held on $3 million bail.
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