NEW YORK (CBSNewYork) — There is a new twist in the strange case of a woman accused of killing her boyfriend while kayaking on the Hudson River last month.

Attorneys for Angelika Graswald say she may be in jail illegally.

It’s a whodunnit centered on the Hudson River: An engaged couple who went kayaking on a cold April Sunday.

Investigators said Vincent Viafore drowned while Graswald survived and was rescued.

She was arrested April 30, the theory being she tampered somehow with Viafore’s kayak, CBS2’s Tony Aiello reported.

On Tuesday, there were reports Graswald was indicted on a murder charge. However, on Friday reports said she was not indicted, Aiello reported.

She has now hired renowned Defense Attorney Richard Portale who said the DA is stonewalling.

“We’ve been given different inconsistent answers — she’s indicted, she’s not,” said Portale. “Murder in the second-degree … not murder in the second degree. We just want some disclosure.”

Angelika Graswald and Vincent Viafore (CBS2)

Angelika Graswald and Vincent Viafore (CBS2)

Graswald’s new legal team also includes Forensic Scientist Michael Archer who worked on the infamous Joran Van Der Sloot case in Aruba.

Archer told Aiello he sees big problems with the Graswald prosecution.

“There’s no hole in the bottom of the kayak and, as we understand it, the whole theory of this case is that she tampered with the kayak – it would sink and he would drown,” Archer said. “We know that didn’t happen because they have the kayak. The kayak is not at the bottom of the river.”

As for Graswald’s calm demeanor during an interview before her arrest, her legal team said she was raised in an Eastern European culture that frowns on emotional displays, Aiello reported.

Investigators have been extremely stingy with information, but it appears Graswald is being held on a sealed indictment — but it’s not a murder charge, Aiello reported.

Her defense team will go to court next week to demand more information and an opportunity to argue for bail.

Investigators are not actively searching for Viafore’s body.

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