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Drownings may not be accidental

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Published: Thursday, May 1, 2008

Updated: Friday, October 10, 2008

Recent findings may link the death of Josh Szostak to a series of alleged nationwide murders, but officials have rejected the theory.

Josh's father Bill came across a smiley face spray-painted on a tree while he searched the Port of Albany Wednesday for a piece of jewelry his son was wearing the night he disappeared, he told WPTZ.

The smiley face may be an indication that Josh's death could be related to about 40 incidents nationwide where white, college-aged males died in what was deemed accidental drowning.

The 2003 case of University of Minnesota college student Chris Jenkins was reopened as a homicide, and University of Wisconsin student Cullen Fortney found his way to a nearby hospital after pulling himself from the Mississippi River in January 2006.

Det. James Miller, a spokesperson for the Albany Police Department, said the smiley face has "no credibility whatsoever," blaming it on graffiti. He added that, with all the national hype, there is a good possibility that the painting is a cruel joke on the family or some kind of copy-cat. Detectives have no reason to believe the face is an indication of foul play or murder.

Josh's death was ruled an accidental drowning following the results of two autopsies and the case is considered closed.

The smiley face investigation began 11 years ago with retired New York City police detectives Kevin Gannon and Anthony Duarte, who say they have linked the drowning of at least 40 other men in 25 cities in 11 different states to a possible serial killer or group of killers.

According to reports, Gannon and Duarte found a smiley face symbol at the location where the body entered the water in 12 drowning cases. Almost all of the men were last seen while leaving a bar or college party.

Duarte told a Saint Paul, Minnesota, news station that this is 'a perfect crime' because water washes away physical evidence and there are never any witnesses.

University Police Investigator Seth Silver said campus officials have no information regarding the smiley face.

According to a WPTZ report, the "smiley face murders" have sparked questions in the case of missing Middlebury student Nicholas Garza who disappeared in January. Garza's mother and aunt have scoured the city in search of smiley faces since they heard about the theory. The search did not yield any results.

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