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Richard Firstman - The Death of Innocents

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Unraveling a twenty-five-year tale of multiple murder and medical deception, The Death of Innocents is a work of first-rate journalism told with the compelling narrative drive of a mystery novel. More than just a true-crime story, it is the stunning expose of spurious science that sent medical researchers in the wrong direction--and nearly allowed a murderer to go unpunished. On July 28, 1971, a two-and-a-half-month-old baby named Noah Hoyt died in his trailer home in a rural hamlet of upstate New York. He was the fifth child of Waneta and Tim Hoyt to die suddenly in the space of seven years. People certainly talked, but Waneta spoke vaguely of crib death, and over time the talk faded. Nearly two decades later a district attorney in Syracuse, New York, was alerted to a landmark paper in the literature on Sudden Infant Death Syndrome--SIDS--that had been published in a prestigious medical journal back in 1972. Written by a prominent researcher at a Syracuse medical center, the article described a family in which five children had died suddenly without explanation. The D.A. was convinced that something about this account was very wrong. An intensive quest by a team of investigators came to a climax in the spring of 1995, in a dramatic multiple-murder trial that made headlines nationwide. But this book is not only a vivid account of infanticide revealed; it is also a riveting medical detective story. That journal article had legitimized the deaths of the last two babies by theorizing a cause for the mystery of SIDS, suggesting it could be predicted and prevented, and fostering the presumption that SIDS runs in families. More than two decades of multimillion-dollar studies have failed to confirm any of these widely accepted premises. How all this happened--could have happened--is a compelling story of high-stakes medical research in action. And the enigma of familial SIDS has given rise to a special and terrible irony. There is today a maxim in forensic pathology: One unexplained infant death in a family is SIDS. Two is very suspicious. Three is homicide. From the Trade Paperback edition.

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THE DEATH OF INNOCENTS A Bantam BookOctober 1997 All rights reserved - photo 1
THE DEATH OF INNOCENTS A Bantam BookOctober 1997 All rights reserved - photo 2

THE DEATH OF INNOCENTS
A Bantam Book/October 1997

All rights reserved.
Copyright 1997 by Richard Firstman and Jamie Talan.

The authors and publisher gratefully acknowledge permission for use of the following material: Excerpts from Pediatrics, Volume 50, 1972, and Volume 52, 1973, reproduced by permission of Pediatrics.
No part of this book may be reproduced or transmitted in any form or by any means, electronic or mechanical, including photocopying, recording, or by any information storage and retrieval system, without permission in writing from the publisher. For information address: Bantam Books.

LIBRARY OF CONGRESS CATALOGING-IN-PUBLICATION DATA :
Firstman, Richard.
The death of innocents / Richard Firstman and Jamie Talan.
p. cm.
eISBN: 978-0-307-80698-7
1. FilicideUnited StatesCase studies. 2. Van Der Sluys, Stephen. 3. Hoyt, Waneta, 1946 4. Munchausen syndrome by proxyUnited StatesCase studies. 5. Sudden infant death syndrome.
6. MurderUnited StatesInvestigationCase studies.
I. Talan, Jamie. II. Title.
HV6542.F57 1997
364.152309747dc21 97-3209

Bantam Books are published by Bantam Books, a division of Bantam Doubleday Dell Publishing Group, Inc. Its trademark, consisting of the words Bantam Books and the portrayal of a rooster, is Registered in U.S. Patent and Trademark Office and in other countries. Marca Registrada. Bantam Books, New York, New York.

v3.1_r1

A simple child,
That lightly draws its breath,
And feels its life in every limb,
What should it know of death?

W ILLIAM W ORDSWORTH

In medicine one must pay attention not to plausible theorizing, but to experience and reason together.

H IPPOCRATES , P RECEPTS

Contents
P ART O NE Burial Grounds Discovery consists of seeing what everybody has - photo 3

P ART O NE
Burial Grounds Discovery consists of seeing what everybody has seen and - photo 4
Burial Grounds

Discovery consists of seeing what everybody has seen and thinking what nobody has thought.

A LBERT S ZENT -G YRGYI

1
Y ears later it seemed a perverse irony that the unearthing had begun with the - photo 5

Y ears later, it seemed a perverse irony that the unearthing had begun with the conception of a baby.

It was on a spring day in 1994 that the saga and the first hints of its ramifications emerged from the burial ground of distant memory, but it could be said that the entire intricate affair had begun to percolate at one particular moment nearly a decade before: late on the afternoon of April 4, 1985, when Stephen Van Der Sluys came home to find two men in coats and ties talking to his wife at the front door.

In the upstate New York community of Canandaigua, deep in the Finger Lakes region between Rochester and Syracuse, Van Der Sluys lived with his wife and children, trying to outrun the darkness of his well-hidden past. The men at the door were not here about the past, however, but about a recent and much more easily grasped situation. This was a simple case of sexual impropriety, and the visit by a pair of New York State Police investigators came as no surprise to Van Der Sluys. He had set things in motion himself by walking over to the teenage girls house and confessing his indiscretions to her father.

Guess youre looking for me, Van Der Sluys called out as he walked up from the driveway. The investigators turned to see a small man, no more than five-five, five-six, who struck them as bearing a resemblance towhat was that actors name? Robin Williams, that was it. They nodded their hellos and identified themselves for the record; Van Der Sluys asked how they were doing. One of the detectives, Bob Beswick, a mild man who had been out of uniform only a few months after twenty-two years of chasing speeders on the Thruway, found Van Der Sluyss casual good humor disarming. Long afterward, Beswick would remember glancing at Van Der Sluyss open-faced wife, Jane, hearing the drone of the television occupying the couples two small children inside, and wondering what it was about a guy like this. He would smile uncomfortably at the memory of how little he really knew about Van Der Sluys that day.

Would you mind coming down for a talk? Beswick asked. Sure, Van Der Sluys said, hed talk to them. He told Jane hed see her later. The investigators led the way to their standard-issue Chevrolet and showed Van Der Sluys to the rear seat. Beswick was set to back out the driveway for the fifteen-minute trip to troop headquarters when Van Der Sluys stopped him. Why dont we just talk right here? he suggested.

All right, Steve, Beswick said, putting the car in park and switching off the ignition. We can talk here. He turned to face Van Der Sluys. You know why were here.

Uh-huh, Van Der Sluys said.

Have you had sex with that girl? Beswick asked.

Yes.

Did you get her pregnant?

Yeah, I did.

And then Van Der Sluys, with scant urging, told the detectives where and when and how many times and in what fashion, a tidy chronicle of statutory rape that they were later amazed to find matched up almost perfectly with the diary his sixteen-year-old mistress had been keeping. Having unburdened himself in the driveway, Van Der Sluys sat back for the brief ride to the booking room at the county jail. From the doorway, Jane Van Der Sluys watched somberly as the car pulled away. She was pregnant with their sixth child.

Bill Fitzpatrick, the chief assistant district attorney of Onondaga County, was swimming in work that spring. There were so many murders splashing across the Syracuse papers, sensational trials leading the local TV news, that the prosecutor might have thought he was back home in Brooklyn. Fitzpatrick had tried seven murder cases in 1984, his first full year as Dick Hennessys top homicide man, and more were on the way. There were also the internal politics of the D.A.s office to be aware of, and occasionally to worry about. With Hennessy, you had to watch your back, even if you were one of the golden boysprobably more so. And from the day he had walked into the office right out of Syracuse Law in the spring of 1976, Bill Fitzpatrick was definitely one of the golden boys.

So Fitzpatrick had a few things on his mind during those months in 1985. But when word came from Syracuse police headquarters a block away that Stephen Van Der Sluys had turned up in a little town near Rochester, three counties and an hours drive west, and was sitting in jail for getting a teenager pregnant, Fitzpatrick was instantly intrigued by the possibilities. A New York City police detectives son, he was at heart a gumshoe in a lawyers suit, a prosecutor who sometimes found it difficult to let the sergeants do their jobs. This could have been trouble if not for the engaging way he got cops to think of him as one of them. He wanted solid police work, but hed take half a case, a less-than-sure thing, if he believed in it. An old case, especially. Bring him the abandoned files in their dusty cardboard boxes. Cases without conclusion, cases that knocked around, unsolved, unavengedthese were Bill Fitzpatricks kinds of cases.

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