What's the Code?

Anyone who reads these postings and has a decent memory, should remember the story about the woman who was accused of pulling the plug out of her fiance's kayak, leading to his drowning. The story's been in the news for a while now, and the case was finally headed to trial in upstate New York.

There were two postings, Kayak Plug Popping and ICD-10. Since in my prior life I spent decades in the health insurance industry I asked what ICD-10 would be assigned to someone pulling out a kayak plug and causing someone's death? ICD-10 International Classification of Diseases comprehensively lists every imaginable ailment, as well as has a code for every imaginable cause of death, My theory was the committee might need to meet.

Well, I was right about someone needing to meet, but it won't be the ICD-10 committee. It will be the New York State Penal Code folks.

Today's NYT carries the story that the defendant's legal team and the Orange county prosecutors reached an agreement to have the defendant plead guilty to a reduced charge of criminally negligent manslaughter, down from the charge of second-degree murder.

Apparently, as the August trial approached, the prosecutors were starting to doubt that the weight of their evidence was going to be enough to convict. Sure they had a confession, but it was reached after 11 hours of questioning. Their research showed that the victim kayak's buoyancy would not he totally compromised enough if the plug were pulled. Further, both the victim and the defendant were not wearing life preservers, and both had been drinking.

The prosecution was also doubtful that the penal code was defined enough to include death caused by kayak plug pulling. Thus, the likely need for the committee to meet and try and get this cause of death more clearly defined. They were afraid the jury might acquit.

The Orange County district attorney, David M. Hoover explained, "there's little direct precedent, if any, in New York for a homicidal conviction for removing a plug from a kayak."

Given the plea deal and the defendant pleading guilt to the criminally negligent manslaughter charge, Ms. Graswald is expected to be eligible for release later this year, after already serving 27 months of incarceration. Both the defense and the prosecution feel justice has been served.

Obviously there is nothing that can ever bring the victim, Vincent Viafore, back, no matter what legal proceedings befall the defendant, Angelika Graswald. Nicole Simpson and Ron Goldman are still murdered, no matter what O.J.'s trial accomplished.

This has an almost Alfred Hitchcock ending. A murder has been committed, but the defendant skates away with a light punishment.

As in any "accident," particularly on the water, there are things to do when you go kayaking. Always wear your life preserver, and don't drink and paddle. And be wary of your fiance who has just insured your life for 6 digits.

http://www.onofframp.blogspot.com