Chloe and Anello were in the boat's H2O Zone, an area of hot tubs, but mostly pools, water shooters and color schemes that beckon more to children.
Aiello allegedly placed the toddler on a railing he believed was backed by glass so she could look outside.
"Essentially, her grandfather lifts her up and puts her on a railing and where he thinks that there is glass there because it's clear, but it turns out there was no glass there", he said. It is an outdoor play area but is encased by two walls of windows on either side. He was literally crying saying 'I thought it was like she was at a hockey game.
Winkleman noted that the Freedom of the Seas ship, which made its maiden voyage in 2006, is older, and none of the newer ships have similar windows that can be opened in the same way.
"The story we are all hearing is not the full truth and the family has retained me to do my best to set the record straight and let the public know what happened that day that led to this tragic loss", said Winkleman in a news conference Tuesday morning. "It was reasonable for Sam the grandfather to think that this was all glass because from his perspective it was all glass". One description had Anello holding her out of an open window before she slipped from his grasp, while another had her perching on the window sill before his grip faltered.
A spokesman for the law firm has since told DailyMail.com that while there was a glass pane there, it had been left open. A lawyer said the family is looking to hold the cruise operator responsible.
"Why would you have that kind of danger without any sign without any warning without any notice?"
Her distraught grandfather, right with her, had to be sedated after her tragic fall.
The South Bend FOP is inviting people to donate in order to help the family pay for funeral, travel and medical expenses.
"The South Bend Police Department offers its sincerest condolences to Officer Alan Wiegand and his family during this hard time following the tragic loss of their child while in Puerto Rico", a spokesperson said. "He thought that she was going to bang on the glass like she was at a hockey game like she loved to do with her brother", he said.
The cruise line had not responded to messages left Tuesday seeking comment on Winkleman's statements about the circumstances of the child's death.
The company said in a statement that it is deeply saddened by the accident, and that it is working with authorities and is assisting the family with any resources they need.
It has not responded to the lawyer's allegations of negligence.