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Friday, November 20, 2009   47º F

Updated 04/26/2008 12:12 PM

Josh Szostak's funeral Saturday, father critical of Albany PD

By: Britt Godshalk

LATHAM, N.Y. -- Albany County District Attorney David Soares said cooler heads should prevail before any opinions are cast about the Albany Police Department's decision to close the case of college student Josh Szostak earlier this week.

Szostak was found dead in the Hudson River Tuesday after he went missing in December. Speaking on a radio show on News Talk 810 WGY, his father said while he did not want to discredit the APD, the department did not allow the State Police or the FBI to lend their extensive resources. He said the State Police autopsy, which determined Josh most likely drowned, fell short of finding out what happened to his son and that the APD closed it's case prematurely.

“And I vow that I contact my legislators now that my nightmare is over. I intend on having legislation pushed that some police agency, most likely the State Police, since they cover the state, oversee missing person's cases, whether you go missing in a small little community or a metropolitan community - every case should be handled the same,” said Szostak.

DA Soares said the APD worked this case thoroughly and the autopsy results support the department's conclusions. But he recommends the APD and the family continue dialogue, short of reopening the case.

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“That at this point is the only thing that I think should be taking place. There is a lot of pain and suffering going on right now. And there will be for the next week. When those emotions tend to when there's calmness, I think they should get together and continue to engage in conversation,” said David Soares, (D) Albany County District Attorney.

Police were never able to determine why Josh's cell phone was found steps from where a DEC vehicle was stolen. That car was later found damaged and abandoned at the Port of Albany.

The State Police said toxicology tests will be conducted in the coming weeks.

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Friends and family gathered to pay their respects to Josh Szostak at the Bowen Funeral Home in Latham. Josh will be buried Saturday after a service at St. Pius the X Church in Loudonville.