Are Smiley Face Killers Related to Joshua Szostak Death? FIND OUT

By DAVID FILKINS and CATHY WOODRUFF, Staff writers
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Last updated: 9:03 p.m., Thursday, May 22, 2008

ALBANY - An autopsy report on the body of Joshua Szostak, who was found in the Hudson River on April 22, shows he had a blood alcohol content of 0.126 percent.

The report was provided Thursday to the Times Union by Szostak's father, William, who sent the report to call attention to some of its caveats about the intoxication.

It mentions the BAC translates into an absorption of five to six drinks for an adult of 155 pounds. Szostak said his son weighed 225 pounds, and noted the report said alcohol levels may be raised slightly by decomposition. The report says decomposition was slowed because of the cold river.

Joshua Szostak, 21, of Latham, had been missing for almost four months when his body was found.

Szostak said he still believes his son was the victim of foul play, a possibility being pursued by two retired New York City detectives.

"He was murdered," William Szostak said. "I not only believe, I know. This should be handled as a homicide."

Joshua Szostak went missing Dec. 23 after celebrating a friend's birthday at an Albany bar. His body was discovered by a fisherman near the Coxsackie boat launch a month ago.

The autopsy said Szostak died of accidental drowning. A second autopsy, requested by the family, concluded the same thing.

Albany County pathologist Dr. Jeffrey Hubbard performed the initial autopsy and ordered the toxicology tests. Hubbard's office declined comment and referred questions to the doctor, but he was unavailable. Albany police have concluded a graffiti image spray-painted on a tree at the Port of Albany isn't linked to Szostak's death and is not an indicator the man was slain.

A theory is circulating that Szostak could have fallen prey to a roving crew of killers who are said to be targeting male college students around the country and leaving smiley-face graffiti at the scene.

Detective James Miller, spokesman for the Albany Police Department, said interviews with two independent witnesses have ruled out the possibility that the local graffiti was drawn by anyone connected with Szostak's death.

"We don't believe it's related to his drowning death at all," Miller said. "More than likely, it was just a cruel hoax on someone's part."

Szostak questions the reliability of one or both of the witnesses. He said he continues to collect evidence and collaborate on the case with the two New York City detectives who developed the "smiley-face killer" theory.