In an article posted on people.com, attorney Richard Portale stated that police are unfairly judging his client, Angelika Graswald, based on content she posted to Facebook after the disappearance of her fiancé, Vincent Viafore. According to Portale, photos and videos posted to Facebook after Viafore’s disappearance in which Graswald could have been perceived as happy affected police and prosecutors, causing them to take notice of her and unfairly judge her.

Portale continued, “Who wrote the Facebook rulebook of protocol of what everyone’s post means. Why can’t you view the post of her happy pictures as, ‘I’m okay. I’m dealing with it and I’m okay.’ ”

Graswald has been charged with second-degree murder in connection with Viafore’s death in a kayaking accident on the Hudson River. She is accused of tampering with his kayak and then waiting more than 10 minutes to call police after he disappeared into the water. You can read more about this case by clicking here.