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Sara Ruballos
The smiley face murder theory (also known as the smiley face murders, smiley face killings, and smiley face gang) is a theory advanced by retired New York City detectives Kevin Gannon and Anthony Duarte, as well as Dr. Lee Gilbertson, a criminal justice professor and gang expert at St. Cloud State University.[1] It alleges that 45 young men found dead in bodies of water across several Midwestern American states from the late 1990s to the 2010s[2] did not accidentally drown, as concluded by law enforcement agencies, but were victims of a serial killer or killers.
The term "smiley face" became connected to the alleged murders when it was made public that the police had discovered graffiti depicting a smiley face near locations where they think the killer dumped the bodies in at least a dozen of the cases. Gannon wrote a textbook case study on the subject titled "Case Studies in Drowning Forensics."[3][4] The response of law enforcement investigators and other experts has been largely skeptical.
Gannon and Duarte have theorized that the young men were all murdered, either by an individual or by an organized group of killers.[6][7] The term "smiley face" became connected to the alleged murders when it was made public that Gannon and Duarte had discovered graffiti depicting a smiley face near locations where they think the killer had dumped the bodies in at least a dozen of the cases.[4]
Other police forces that have investigated the deaths dispute the conclusion that the cases are linked. Police departments that are involved do not currently view the deaths associated with smiley faces present at the scenes as serial-killer activity.[8] The La Crosse, Wisconsin police department, which was in charge of eight of the investigations, concluded that the deaths were accidental drownings of inebriated men and stated that no smiley-face symbols were found in connection with any of the cases.[9] The Center for Homicide Research published a research brief that also attempted to scientifically refute the theory.[10] In March 2009, Lee Gilbertson, a criminal justice faculty member at St. Cloud State University, voiced his support for the theory on an episode of Larry King Live in which the alleged murders were discussed.[11]
Criminal profiler Pat Brown calls the serial-killer theory "ludicrous," arguing that the evidence does not fit what is known about serial killers. Brown also believes that the smiley-face images found in some of the cases are likely nothing more than coincidences based upon guesses as to where the bodies entered the water, with smiley-face graffiti only found after a wide-area search. "It's not an unusual symbol," she told Minneapolis-based newspaper City Pages. "If you look in any area five miles square, I bet you could find a smiley face."[12]
A criminal defendant did not demonstrate that counsel whom he retained for a short period rendered ineffective assistance such that the statement the defendant gave to police after consulting with that attorney should have been suppressed. [480-482]
Our review of Smiley's criminal record discloses that he had a prior history of four juvenile dispositions and three indictable convictions, two that were drug-related and one for criminal mischief. He had been arrested eleven times before his arrest for murder.
On the basis of that record and evidence, the judge found aggravating factors 1 (the nature and circumstances of the offense), 3 (the risk of reoffense), 6 (the extent of defendant's criminal record), and 9 (the need for deterrence), N.J.S.A. 2C:44-1a(1), (3), (6), and (9), as grounds for imposing the ten-year sentence for manslaughter. No mitigating factors were found. We find nothing improper in the imposition of that sentence. State v. Bieniek, 200 N.J. 601, 607-08 (2010).
We likewise reject Smiley's claim that his sentence was disproportionate to that given to Street and was imposed solely because he declined the State's offer of a plea, finding that there was good cause for disparity between the sentences of the two defendants. State v. Hubbard, 176 N.J. Super. 174, 178 (Resentencing Panel 1980); see also State v. Roach, 146 N.J. 208, 233 (Roach I) (requiring a determination whether, in the case of disparate sentences, the defendants are identical or substantially similar in connection with all relevant sentencing criteria), cert. denied, 519 U.S. 1021, 117 S. Ct. 540, 136 L. Ed. 2d 424 (1996). Here, evidence suggested that Smiley was the primary actor with respect to the attack on Denson, that he likely struck the fatal blow, and that it was he who set in motion the scheme to dump Denson's body in the sump pool. Although Street participated in the crimes, his role throughout appears to have been that of a follower. Further, Smiley's criminal record was greater than that of Street, who had been arrested twice as a juvenile and five times as an adult and had received pre-trial intervention, a disorderly-persons conviction and an indictable conviction for burglary. As a consequence, we conclude that the imposition of disparate sentences was justified.
The Smiley Face Murder Theory suggests that a group of serial killers are targeting young men and drowning them in bodies of water. The theory gained traction in the early 2000s when a number of young men were found drowned in rivers and lakes, often with smiley faces drawn on their bodies or near the crime scene.
With over 18 years of criminal defense experience, firm founder Matthew Smiley understands what you are going through and is ready to vigorously defend your rights. At Smiley & Associates we represent individuals who are facing criminal charges or have been arrested for a wide variety of criminal charges including but not limited to:
The Community Response Team is comprised of officers who are dedicated to identifying illegal activity and targeting individuals associated with ATV storage, operation, and sales. Under the leadership of Mayor Smiley and Colonel Perez, the PPD plans to strengthen both the volume of vehicles seized and empower investigations into illegal ATV activity by utilizing undercover detective work, video from existing technology and social media activity. Through these means, PPD will be able to identify illegal activity within the city, proactively seize vehicles, pursue additional and higher criminal charges as it may relate to a case, and ultimately ensure the safety of our residents and visitors.
In 1997, two retired New York City detectives, Kevin Gannon and Anthony Duarte, and criminal justice professor and gang expert, Lee Gilberton, advanced the Smiley Face Murder theory. This came after three college-aged men were found dead in city rivers around the same time.
The name "smiley face" comes from graffiti depicting a smiley face, along with 13 other distinct symbols, found near the locations where they believe the killers dumped the bodies, Gannon told Newsweek.
In 1994, Jesperson wrote anonymously to the Oregonian and described his murders and how he disposed of the bodies. A smiley face on the letter, like the one in the bathroom, caught the eye of Oregonian reporter Phil Stanford, who coined the moniker the Happy Face Killer.
The development of an increasingly complex country raises a variety of new problems involving corporation, one of which is a criminal act of corruption involving corporation. Based on Law No. 20 of 2001 concerning Amendments to Law No. 31 of 1999 concerning Eradication of Corruption and Regulation of the Supreme Court of the Republic of Indonesia No. 13 of 2016 concerning Procedures for Handling Criminal Cases by Corporation, criminal liability for corruption involving corporations can already be requested from the management, corporation, and the management and corporation. The concept of law enforcement that continues to develop raises an approach or method of problem solving that focuses on recovery and coaching in the application of sanctions, the approach is known as restorative justice. However, the concept has not been fully applied in Indonesian laws and regulations, especially for corporations. The restorative justice approach has many similarities with the method of resolving criminal acts involving corporations in the United States, the method is known as the Deferred Prosecution Agreement (DPA) and Non-Prosecution Agreements (NPA). DPA or NPA in principle is a solution to the problem of corporate crime to agree to postpone or not prosecute provided unless the corporation meets the conditions and requirments set. In addition, it is stated in writing in the form of agreements called Deferred Prosecution Agreements or Non-Prosecution Agreements.
A lot of you reading this are crime junkies or serial killer enthusiasts. As in, you find serial killers interesting to read or hear about. I don't mean you're all like "serial killers, hell yeah, stab stab stab." Well, if that describes you (either one of those, really), you may well have already heard about the smiley face murder theory.
Near many of the locations where the bodies were discovered, a graffiti smiley face turned up. All these cases occurred between the late '90s and the early '10s. Most of these deaths were ruled as drownings by investigators, but the theory states that not only were these deaths foul play (dun dun dun), but that they are all the work of a group of killers operating across the Midwest (dun dun dun dun), who communicate on the dark web (dun dun dun dun DUN). An illuminati of bro killers, essentially.
Starting last April, Gannon was all over national TV, plying the serial killer theory he developed with Anthony Duarte, also a former NYPD detective, and Lee Gilbertson, an associate professor of criminal justice at St. Cloud State University in Minnesota. The burly Duarte, with his brown goatee and mustache, fits the stereotype of a New York cop more than the dapper Gannon. Duarte still works, handling airport security for the federal government, according to his resumé.
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