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Julia Biryukova and her missing son Sky Metalwala. Photo from ABC News.
In Crimes Involving Children 23 Mins Read

Did Julia Biryukova Get Away With Murdering Her Son?

It was a cold November morning in 2011 when Julia Biryukova, 30, held her son for the last time.

Julia woke up to find that Sky Metalwala, 2, had fallen ill during the night. She decided to bring him to the hospital to have him checked. She chose Overlake Medical Center in Bellevue, Washington, which operates a level III emergency department. The hospital was a 12-minute drive from her apartment in downtown Redmond.

Julia loaded Sky and her 4-year-old daughter, Maile Metalwala, into her car—a 1998 two-door Acura Integra that she borrowed from her brother—and began the drive.

About 2.2 miles into the seven-mile trip, Julia ran out of gas. It just so happened that she also left her phone, wallet and purse at home, too, so she didn’t have a way to call for help.

Julia’s next thought was to start walking until she came upon a gas station. She took Maile with her and left Sky asleep in the backseat, strapped into his car seat, with the doors unlocked. The car was stopped at the 2400 block of 112th Avenue Northeast in Bellevue, which runs parallel to State Route 520, a busy highway.

A screenshot from Google Maps that shows 112th Northeast, Bellevue, where Julia Biryukova pulled over and left Sky in the car. It is located nearby a busy highway.
A screenshot from Google Maps that shows 112th Northeast, Bellevue, the roadway where Julia Biryukova pulled over and left Sky in the car.

A Chevron gas station sat a mile down the road, but it took Julia and Maile about an hour to get there. They seemed to meander around the area before heading in the direction of the service station. Despite being in a residential neighborhood, Julia didn’t knock on anyone’s door and ask to use a phone or borrow gas.

When Julia and Maile arrived at the gas station, they used the phone there to contact Julia’s friend (whose name is not mentioned in sources). The friend picked them up and brought them back to Julia’s car, still without any gas.

An hour-and-a-half had passed since Julia and Maile left Sky. When they returned to the car, Sky was gone.

Julia used her friend’s phone to call 9-1-1 and Bellevue police quickly arrived on the scene. Sometime after 11 am, Solomon Metalwala, the children’s father and Julia’s ex-husband—who she was in the middle of a heated custody battle with—was contacted. Police searched a 20-block radius around where Julia’s car was parked. There was no trace of Sky and he hasn’t been seen since.

Solomon was very active in the search for Sky, and still is. Julia refused to take a polygraph test and requested a lawyer early on. That was the last time she spoke to police about her missing son.

The Bellevue Police Department has spent more than $2 million, devoted more than 14,000 man hours and followed up on over 2,500 leads to find Sky. Still, what happened to this sweet 2-year-old boy remains unknown.

What do you think happened?

Sky Metalwala. Photo from the Bellevue Police Department.
Sky Metalwala. Photo from the Bellevue Police Department.

The Parents: Julia Biryukova and Solomon Metalwala

To better understand Sky and speculate on theories about his fate, we’ll begin where it started: with his parents.

Julia Biryukova and Solomon Metalwala both emigrated to the United States. Julia is Ukranian and was born in Soviet Russia on March 10, 1981. She emigrated to Washington State with her mother when she was 12 and is estranged from her father. Solomon was born on April 15, 1975, and is a Pakistani immigrant.

Julia claimed in court documents that she suffered through much of her childhood in Russia. Her parents were heavy-handed and she was allegedly physically abused. Julia underwent a series of electroconvulsive treatment therapies, not necessarily to help with mental illness but to curb her behavior. She was physically disciplined often and frequently told she was wrong. Unfortunately, Julia experienced lasting trauma that followed her into adulthood.

Julia Biryukova and Solomon Metalwala were married from 1999 to 2010. Photo from King5.
Julia Biryukova and Solomon Metalwala were married
from 1999 to 2010. Photo from King5.

Julia and Solomon met in 1997 at a gas station. He was 21 and ran King Street Kafé, now King Street Bar & Oven, which was owned by his parents. (Located in the Pioneer Square neighborhood of Seattle, it remains open to this day but under different ownership.) Julia was only 15 and a sophomore at Bellevue High School. Solomon invited Julia to a weekend party and the pair became a couple almost instantly.

As Julia continued school, she also worked as a waitress at King Street Kafé with Solomon. In 1999, Julia, now 17, graduated from high school and became a naturalized U.S. citizen. The couple also purchased their first home together, a condominium in Bellevue; one of the more affluent suburbs of Washington.

A Short-Lived Hopeful Start

From the outside, the Metalwala’s life sang to the tune of young success. Julia and Solomon were an active couple and enjoyed jogging, hiking and doing yoga together. However, reality inside their home was much different.

Julia alleged that Solomon was controlling. She admitted that she became emotionally dependent on him, which caused her to isolate herself from family and friends. The couple’s home life wasn’t without loud, heated arguments. On one occasion in 1999, not long after they bought their first home, they attracted the attention of law enforcement while arguing loudly at a gas station. Nothing came of the matter.

Julie Biryukova and her daughter, Maile Metalwala. Photo from Facebook.
Julie Biryukova and her missing son, Sky Metalwala. Photo from Facebook.

Over time the couple’s differences became more obvious to them both. However, they remained committed and got married in February 2003. They had a small ceremony held in Solomon’s mother’s kitchen.

Julia didn’t tell her own family about the marriage for seven years. She later alleged that she didn’t want to marry Solomon, but his family gave her an ultimatum: either marry him or he would be deported to Pakistan. The reason behind the impending deportation was never disclosed to Julia.

Timeline Of Events

2005: Religion Conversion and Early Financial Hardship

Two years into their marriage, Solomon converted to Christianity. The change was allegedly an effort to make the marriage work, which was now undergoing serious difficulties.

Solomon was raised Muslim and his parents, who still practiced the faith, did not support his decision. When the couple began to attend church in Kirkland, their disapproval grew. Solomon’s parents blamed Julia for their son’s decision and it became a source of contention in their marriage. Nonetheless, Solomon remains an active member of his church.

That same year, another deli opened across the street from King Street Kafé. The competitor stole revenue from the deli and led the Metalwala’s into financial hardship.

2006: Birth of First Child and OCD Diagnosis

The couple welcomed their first child, a daughter, Maile Metalwala in December of 2006. Soon after Maile was born, Julia was diagnosed with obsessive-compulsive disorder (OCD); a mental illness characterized by a pattern of unwanted thoughts and fears, which lead to obsessions and repetitive behaviors.

These thoughts create anxiety and stress for the individual and the repetitive behaviors, or rituals, function as an attempt at relief or to prevent something bad from happening.

2008: A New Home

Financial hardship worsened as the deli continued to decline—especially as the Great Recession hit. However, Julia was pregnant with their second child and contrary to their financial situation, the couple decided they needed a bigger home.

Maile and missing Sky Metalwala. Photo from Bellevue Police Department.
Maile and missing Sky Metalwala. Photo from Bellevue Police Department.

Julia and Solomon moved out of their Bellevue condominium and into an $860,000 home in the South Rose Hill neighborhood of Kirkland, which they purchased. They were still responsible for the mortgage payments on their condo. Needless to say, the family accrued a lot of debt in a short period of time.

Solomon allegedly kept their worsening debt a secret from Julia. She later told courts that she didn’t learn how severe their financial problems were until they were six months behind on payments. She described this as being the real tipping point of their marriage.

During her second pregnancy, Julia’s psychiatrist prescribed her antidepressants but she didn’t take the medication because she didn’t think she needed it.

2009: Birth of a Second Child, Financial Ruin and Worsening Symptoms

On September 6, 2009, Sky Elijah Metalwala was born.

Curiously, less than two months later, Julia and Solomon found themselves in trouble with police. The couple left Solomon in their Cadillac Escalade while shopping inside of a Target store. They told police they were inside for only 20 minutes, but video footage indicated it was for 55 minutes. Outside temperatures reached 27°F that day. The Metalwala’s were charged with leaving a child unattended in a motor vehicle. They were required to take parenting classes in order to have the charges dropped.

It bore a strange similarity to how Sky went missing.

Julie Biryukova and her missing son, Sky Metalwala. Photo from Facebook.
Julie Biryukova and her missing son, Sky Metalwala. Photo from Facebook.

At this time, the couple was unable to pay their bills, which were placed in arrears. Lenders started to foreclose on their two properties. A year after purchasing their Kirkland home, the family moved back in to their much smaller Bellevue condominium. Now, they risked losing both homes.

Cleanliness obsession.

Now dealing with the stress of having two young children, being in financial trouble and at risk of losing her home, and in a failing marriage, Julia’s OCD intensified. It manifested into an intense obsession with cleaning. Julia spent 6-7 hours a day cleaning their home, which compromised her ability to work.

Julia would clean the same areas over and over again until she was satisfied. She vacuumed frequently, only doing so in perfect, straight lines. The family received three noise complaints from the managing company of their complex due to Julia’s late-night vacuuming. The third time, the family was charged a $300 fee.

The obsession grew so severe that Julia no longer wanted anyone to sleep in the marital bed, so they would avoid dirtying the sheets. She stopped allowing food in the home to avoid crumbs, so her family had to eat outside of the residence. The children were neglected and missed meals because of Julia’s behaviors. Eventually, Julia stopped leaving the house altogether.

From 2009 to 2010, Child Protection Services visited the Metalwala’s home at least six times.

It’s unknown as to how Julia handled dirty diapers. However, Solomon often returned home from work to check on and care for the children.

“I am not exaggerating when I state under oath that Julia cared more about cleaning a countertop than she did about feeding our daughter,” Solomon told The Kirkland Reporter. “The child was ignored, and it became a matter of great concern.”

Even Nadia Biryukova, Julia’s mother, believed Solomon. According to The Kirkland Reporter, court documents stated that Nadia told her daughter:

“Neither your husband nor I would like for you to live with us at your current conditions … All of us (your children including) are suffering from your abuse.”

2010: 3 Trips To The Psych Ward And A Divorce

Early in the year, Julia was committed to a mental health facility. It was the first of three times she would be committed in 2010.

The first hospitalization came when Julia told Solomon she dreamt of killing their children. On another occasion, she told him she had visions of strangling Sky.

Sky Metalwala. Personal photo shared with CBS News.
Sky Metalwala. Personal photo shared to CBS News.

Before leaving her second facility, Dr. Stephen A. Sholl, a clinical psychologist, said in a statement: “Although Ms. Biryukova is dealing with a severe form of OCD, I do not believe that this interferes with her ability to be a compassionate, effective parent to her children.”

Solomon files for divorce.

Julia and Solomon separated in March 2010, but he filed for divorce when she returned home from the hospital in June.

Julia’s reaction was worrisome. She sent Solomon a slew of text messages threatening to commit suicide. In the texts, she wrote:

“Please, please I’m begging with my whole heart help me find a peaceful way to die. I cannot live ANOTHER day and cause you, Maile and Sky anymore suffering. I’m dead inside anyway and have been dead for a long time. You will not miss me at all and Maile and Sky have the best daddy in the world so I know they will be okay …”

Solomon knew that Julia was home alone with 6-month-old Sky. Concerned about his son’s welfare, he called the Bellevue Police, who went to the Metalwala’s home. She admitted to police that she was suicidal and was involuntary committed at Overlake Hospital and then Navos Behavior Health Hospital in West Seattle. She told hospital staff that she made these statements only to get Solomon’s attention and that she wasn’t really suicidal.

When she finished her second stay, Solomon and his brother took Julia to the University of Washington Medical Center at her own request. She felt that she wasn’t receiving adequate care and her condition wasn’t being taken seriously at the other facilities. During her third stay, Julia was administered a Global Assessment of Functioning (GAF), which is a scale used to determine the severity of a mental illness.

Julia’s Global Assessment of Functioning (GAF) scores.

The first time Julia was administered the GAF, she received a score of 15. According to WebMd, it’s a score that suggests:

  • Some danger of hurting self or others (e.g., suicide attempts without clear expectation of death, frequently violent, manic excitement) OR occasionally fails to maintain minimal personal hygiene (e.g., smears feces) OR gross impairment in communication (e.g., largely incoherent or mute.

Before Julia was released, she was tested again and received a score of 40, which showed some improvement. A GAF score of 40 suggests:

  • Some impairment in reality testing or communication (e.g., speech is at times illogical, obscure or irrelevant) OR major impairments in several areas, such as work or school, family relations, judgement, thinking or mood (e.g., depressed man avoids friends, neglects family and is unable to work; child frequently beats up younger children, is defiant at home and is failing at school).

Solomon moves out.

While Julia was in the hospital, the Metalwala’s lender foreclosed on the condominium. Solomon and the children moved in with his parents in Kirkland. Now, when Julia was released, she would be on her own.

A nasty separation.

Sky Metalwala. Photo from The Kirkland Reporter.
Sky Metalwala. Photo from The Kirkland Reporter.

Julia and Solomon disagreed about the parameters of their divorce. Julia claimed that Solomon abused her and she feared for her life. In turn, Solomon said Julia’s allegations were false. He alleged that Julia’s mental health problems made her unstable, and unable to adequately care for their children.

At many times throughout the divorce proceedings, Julia and Solomon had orders of protection against each other. The couple went back and forth accusing the other of being physically and emotionally abusive toward the children. All the claims were unfounded.

At one point, Julia issued the most serious of the claims that Solomon sexually abused their daughter. CPS ruled this claim unfounded, but Solomon was prohibited from seeing both children for almost a year while the case was investigated.

Julia wins full custody.

In September 2010, Julia was granted full custody of both children. Solomon didn’t have visitation rights and she forbid him from seeing them. Still, he kept fighting in court.

Julia wanted the proceedings to end. She even offered to forego alimony and child support if he allowed her to move to Arizona with the kids, but he refused. In November 2011, the court ordered the couple to attend mediation to resolve their issues. It was later discovered that Julia left both children home alone during that mediation session, something she did often, for some 11 consecutive hours.

The couple finally agreed that Julia would maintain full custody of the children but Solomon would have full visitation. She didn’t like that outcome. On November 3, 2011, three days before Sky disappeared, Julia called her lawyer and said she felt pressured into the agreement. Thus, the agreement for Solomon’s visitation was voided.

Three days later, Sky was gone.

Julia Becomes A Suspect

When a child goes missing, nearly half the time (49%) the disappearance involves a parent, according to Child Watch of North America.

Early into the investigation, police had their eye on Julia. Her story didn’t add up. Here’s a few reasons why.

GAS IN THE CAR. One of the most curious points of evidence was the gas in Julia’s car. When police inspected the Acura Integra that Julia was driving, it still had 2.2 gallons of gas, which was certainly enough to safely reach the hospital. The vehicle also ran normally.

Police vehicles parked outside of Julia Biryukova’s apartment building in Redmond, Washington, the day after Sky was reported missing. Photo from CBS News.

NOT ASKING FOR HELP. Julia told investigators that she searched for help, but she didn’t knock on the doors of any nearby homes.

NO SCENT PICKED UP. Canine units were involved in the investigation. Sky’s scent was not picked up anywhere outside of the vehicle.

SKY WASN’T SEEN FOR WEEKS PRIOR. No one aside from Julia and Maile had seen Sky for two weeks leading up to his disappearance. Residents of the apartment building where Julia lived reported hardly seeing Julia or her children. However, residents also reported that it was normal for Julia to regularly come and go, leaving both children unattended in the apartment. The last time that anyone saw Sky other than Julia and Maile was at a doctor’s appointment eight months earlier.

PHOTOS OF MAILE ARE SHARED BUT NOT SKY. Julia was heavily criticized throughout the investigation for posting far more photos of her and Maile on Facebook than of her and Sky. Many people who followed the case believed it was indicative of Julia having a favorite child, which was clearly Maile.

NO POLYGRAPH TEST. Although Solomon took a polygraph test, Julia refused to. Her lawyer, Veronica Freitas, said it was because Julia was mentally unstable at the time and the tests are notoriously unreliable.

Theories on Sky Metalwala’s Disappearance

Sky’s Disappearance was Planned and Inspired by the Media

Not long before Sky disappeared, an episode of NBC’s Law & Order: Special Victims Unit, depicted a chillingly similar account to what Julia claims had happened. Curiously, the episode, “Missing Pieces,” (season 13, episode 5) premiered two weeks earlier—and also reran in the Seattle area the night before Sky Disappeared. The episode is about a young couple who claimed their son was abducted when their parked car was stolen on Halloween. However, the parents buried their son after he died from sudden infant death syndrome and they fabricated the car theft story as a cover-up.

According to Solomon, Law & Order was also one of Julia’s favorite TV shows.

Sky Was Killed Days Before The Alleged Disappearance

As police began to dig deeper into this case, they learned that none of Sky’s family members had seen him for several weeks prior to his disappearance—with the exception of Julia. It’s possible that Sky died or was killed prior to his disappearance, whether intentionally or unintentionally, and Julia concealed the body.

Sky Was Sent To Live With Family In Russia

Julia Biryukova’s estranged father visited Washington from Ukraine in April 2011. Some speculate that he may have taken Sky back to Ukraine with him.

The Messy Aftermath

After Sky disappeared, the Washington State Department of Social and Health Services (DSHS) removed Maile from Julia’s home and placed her into foster care. Solomon was permitted visitation twice a week while he fought in court for full custody of Maile. He was ultimately awarded full custody.

Julia and Solomon’s divorce was finalized in January 2012.

2014-2015: Julia Remarries A Convicted Felon

SeekingArrangements.com

Soon after her divorce was finalized, Julia created a profile on a dating website. She intends to meet a suitor for financial gain. Julia signed up for SeekingArrangements.com. On her profile, she stated that she was seeking out “sugar daddies,” or wealthy men willing to support her financially as part of a relationship. She requested to $3,000 to $5,000 in cash per month.

Her profile read:

Happy, single, Loving, FUN, PASSIONATE, kind, healthy, Beautiful, great cook, blonde hair, blue eyes, slim, very fit, CHRISTIAN, mommy of 2 beautiful babies, I speak fluent Russian, Ukrainian and English, I live in Redmond, WASHINGTON.

I am looking for financial stability and assistance…I am looking for a successful mentor. I am looking for a REAL man. YOU tell me YOUR ‘ideal’ arrangement!

As life would have it, who she met was quite the opposite.

Julia connected with Alan Morgan, a convicted felon with a lengthy criminal record that includes several CPS referrals in Florida for cruelty against a child from a prior relationship, domestic violence, assault, violence against police officers, battery and chemical dependency. Alas, she fell head over heels again.

Alan was a regular methamphetamine user and a heavy drinker of alcohol. He was also periodically homeless.

In December 2014, Julia and Alan married. That same month, she reported him to Redmond police for an alleged assault. Julia was subsequently granted a no-contact order, but continued to visit Alan in jail in Issaquah.

Sky Metalwala. Photo from the Patch.
Sky Metalwala. Photo from the Patch.

Julia Has Her Third Child

While Alan was in jail, Julia gave birth to her third child, Elijah James Morgan, on July 10, 2015. She later told investigators that her and Alan did not live together, despite using the same address. She also claimed that she didn’t know who the father of her child was, even though Alan’s name is on the birth certificate and the child shares his same middle name.

Almost immediately, Julia was declared an unfit parent by DHSH, and workers tried to have the infant removed from Julia’s care. The child was ultimately removed from Julia’s care and placed in the legal care of her mother. However, both Julia and her young son lived with her mother, Nadia Biryukova, from the time of his birth. The living arrangements were stable enough to satisfy the courts.

2019: Julia Testifies Against New Husband And Is Arrested For Shoplifting

In February 2019, Julia testified in court against Alan for the domestic violence case. There, she told the court that Alan violated the no-contact order that was in place. While it was true that Alan called Julia from jail, she also called him more than 70 times and, on several occasions, she visited him under a different name.

Alan was released on October 15, 2019, and court-ordered to attend drug and alcohol treatment. On November 5, Alan left treatment early and a warrant was issued for his arrest. Also in 2019, Julia was arrested for shoplifting from Costco.

Alan later argued in court that he and Julia’s child was better suited in foster care, because it would provide a neutral environment for him to become reacquainted with his son. The child was under Nadia’s legal guardianship, however, Julia was permitted to live in the home and have supervised interactions with her son. Their contentious relationship played a role in the child being placed into foster care. Julia was no longer permitted to live with her mother and started living with a friend.

On February 24, 2020, Julia filed a motion to reconsider the court’s opinion. The motion was denied.

Report Tips On This Case To:

This case remains open and unsolved!

If anyone has information on the case of missing Sky Metalwala, contact the Bellevue Police Department at 425-577-5656 or email pdtipline@bellevuewa.gov.

My Two Cents Corner

This case is a tough one for me, because I honestly can’t pinpoint what I think happened here.

I can say, and this is purely my own speculation, that I think the dismantled marriage was a long time coming. When I read about the couple’s history, the age difference stood out to me immediately. When Solomon and Julia met, he was 21 and she was only 15. Think about the difference in maturity, life experience and common sense that lies between a 21-year-old and a 15-year-old.

I think that a young Julia got into a relationship with an older man at a young age–perhaps he was her first love–and the control aspect of that relationship was assumed by the older male partner. She married him soon after high school, so whatever unresolved trauma she had from childhood likely followed her into that relationship. When the pair grew more serious and began to involve homes, marriage, children, debt and in-laws that weren’t particularly fond of Julia, it became a recipe for disaster for whatever mental disarray she had lying beneath the surface.

Let’s be honest: the situation that Julia found herself in, as a young wife and mother, was definitely not ideal and would probably be difficult for anyone to work through. For someone that didn’t have strong emotional support, it’s even harder. I’m not defending Julia’s actions or lack thereof by any means, but I feel that a lot of the information about this case caste her in a bad light because of her mental illness. However, she often tried seeking out help for her conditions, which included three hospitalizations.

I think perhaps Julia felt that Solomon was controlling and domineering, as she previously said, and wanted to keep the children away from him. On the other hand, Solomon witnessed her worsening mental illness and saw that she wasn’t mentally stable enough to raise two kids alone. She exhibited that fact outright when her exacerbating OCD caused her to prioritize cleaning over feeding her family or allowing them to sleep in their beds. I think both parents felt fully justified in their case when they went to court for custody.

However, none of this really matters because it still doesn’t determine what happened to Sky.

I think it was incredibly irresponsible to leave a child in a car by themselves, especially a sick 2-year-old. First of all, it was November, and on this particular day it was only 35°F outside when Sky was left in the car.

I think it’s even worse to leave the child in the car with the doors unlocked. This is basically an open invitation for a kidnapping. I read that although Bellevue is an affluent area, it’s also home to many transients. It’s certainly a possibility that someone may have taken the child when Julia was gone, or even that Julia arranged for such an event to happen; an under-the-table adoption of sorts.

Or, it was possible that Sky was already deceased when Julia placed him in the car. Perhaps she never even placed him in there, but wrapped a doll that resembled Sky in a blanket, so Maile, his sister, would suspect that he was indeed in the car–and relay that information to police.

Whatever the case may be, let’s continue to hope and pray that, one day, Sky Metalwala will return home.

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In Malefactions 20 Mins Read

What Really Happened To Joseph Smedley? #JusticeForJoseph

At A Glance

Name(s) of victim(s) + age(s): Joseph William Smedley II, 20
Date(s) of crime(s): Sunday, September 27, 2015
Location of crime(s): Indianapolis, Indiana; found deceased
Perpetrator(s): unknown
Relationship to victim(s): MA
Crimes in sum: Joseph William Smedley II, a 20-year-old multitalented college student in his sophomore year at Indiana State University, disappeared after a night watching the blood moon with his fraternity brothers. A few days later, his body was found floating in a lake close to campus. When he death was ruled a suicide, Vivianna Brenas, Joseph’s sister, felt something wasn’t right, and she continues to advocate for his case to be reopened.

Getting To Know Joseph Smedley II

It seems like there was nothing too challenging for Joseph William Smedley II. The 20-year-old Indiana University student succeeded at whatever he put his mind to.

From the time Joseph began wearing his first pair of glasses, his family called him “the little professor,” and it fit his personality. Born on March 17, 1995, Joseph, who was living in Indianapolis, Indiana, was in his sophomore year of college at Indiana University at Bloomington, about an hour away from home. He was studying biochemistry as a pre-pharmacology student and dreamt of working in pharmaceuticals to support the research and discovery of life-saving medicines. 

Joseph Smedley II. Photo credit: Justice For Joseph Facebook page.

While attending school, Joseph worked part-time as a painter and for a moving company. He was also member of the IU chapter of the Sigma Phi fraternity and lived off-campus with two of his fraternity brothers, identified only as Jake and Ben. Joseph lived in a different off-campus apartment shortly before his death, but he broke his lease to live with his fraternity brothers. It’s been said that Joseph felt pressured to make this move and it cost him $500 to break the lease. When Joseph rushed for the fraternity as a freshman, his grades slipped and he often spoke of being tired. Now in his sophomore year, his grades were on track to recover.

Joseph was born to parents Dr. Joseph Smedley Sr. and Laura Smedley. The Smedley’s divorced when Joseph was around 10 years old and he became estranged from his father. At 20 years old, Joseph hadn’t spoken to his father in about five years and he also wasn’t on good terms with his mother, who lived in the Virgin Islands. In high school, Joseph moved in with the family of a friend and he also lived with his older sister, Vivianne Bernas.

Joseph had three siblings: a younger, half-sister Gisselle, an older brother and his older sister Vivianne. He was particularly close with both sisters, especially Gisselle. Vivianne is steadfastly advocating for the reopening of Joseph’s case.

Throughout his childhood and leading up to college, Joseph expressed interests in many areas and went on to excel in them all. He was a whizz in reading and math, a skilled swimmer and martial artist, and he played sports, including soccer. In middle school Joseph joined the school band where he played the trombone and in high school he joined the school’s jazz band, recording at least one CD and participating in concerts and solo performances. Joseph loved jazz and planned to travel to New Orleans to experience the city’s historic music scene. He also joined the wrestling team in his sophomore year of high school and wrestled varsity.

At home, Joseph took up an interest in cooking and began asking family members for family recipes and to borrow cookbooks. He even had his very own chef’s hat and jacket with “Chef Joseph” embroidered on it, given to him by a friend of his father’s. 

Joseph Smedley II, right, and his sister Vivianne Bernas. Photo credit: Justice For Joseph Facebook page.

Joseph was described as a positive person to be around and a good friend to have. He was funny, determined and smart. He knew how to set goals for himself and achieve them.

So the odd manner in which Joseph’s body was found and the way the case was handled by the Bloomington Police Department suggest something different than the picture painted by investigators. Let’s dive into why that is.

Leading Up To Joseph’s Disappearance

It was Sunday, September 27, 2015, sometime between 7-8 pm, and Joseph was at a nearby restaurant, Noodles & Co., with six or so of his Sigma Phi fraternity brothers.

That night the fraternity brothers planned to observe the supermoon lunar eclipse, known as a “harvest moon” or “blood moon.” It was chilly with a low-temperature of 41-degrees Fahrenheit and it rained throughout the week, so the ground was still damp. When it was time to go, Joseph grabbed his binoculars and the young men headed out. The eclipse took place from 10:11-11:23 pm. The fraternity brothers claimed their view was obstructed by cloudy skies, so they ended the outing early. The men allegedly returned to the fraternity house—this is different from the apartment where Joseph lived—around 11 pm, which is the last time any of them saw Joseph.

From 11 pm to 4 am that night, no messages were sent or received to Joseph’s phone. Then around 4:15 am, Joseph’s sister Vivianne received a text that Joseph was “leaving the country.” The text read:

“Viv I love you. I’m leaving the country. By not telling you why I’m keeping you safe and protected. Please don’t try to contact me at this number, it won’t work. I’ll contact you once I’m set up overseas. Thank you for everything viv, i love you. And im sorry.”

It was so bizarre and out of character that Vivianne responded lightheartedly, taking it as a joke. She reminded her brother to pay for his apartment. But when Vivianne didn’t hear from him all day, she contacted Indiana University Campus Police and asked them to do a wellness check on Joseph.

Joseph promised Vivianne previously that he would handle the $500 balance she paid for him to break his apartment lease. Vivianne cosigned on the apartment, so she was responsible for paying the balance and was in the process of purchasing a home, so she wanted to maintain good-standing credit. Joseph also made plans to hang out with a female friend and attend a party with her that Thursday. There was no mention of taking a trip.

Vivianne was worried and with good reason. This wasn’t like Joseph.

The Sample Gates, the main entrance to the Indiana University Bloomington Campus. Photo credit: Wikipedia.

Joseph didn’t have a passport. He also didn’t bring anything with him. He didn’t pack his laptop, tablet or phone charger into a backpack, or throw together a bag of clothes and shoes. His jacket was still hanging where he’d left it. Everything was left as if Joseph planned to return—all except for a handwritten note asking his loved ones not to contact him. But Joseph’s loved ones don’t believe he penned this note. Vivien told WTHR that it’s not written in her brother’s handwriting. The note read:

 “Had to leave country. Don’t try to contact me via cell it won’t work. will contact you once set up overseas.”

The note was signed “Smedley,” which is what Joseph’s fraternity brothers called him, but not what his family called him. The letter was written haphazardly with the words running overtop the page lines and the style did not depict Joseph’s natural handwriting. The note also wasn’t presented to authorities for several days, which includes when the fraternity brothers were initially questioned. (If someone is missing and they left behind a note, isn’t that the first thing you want to show to investigators?) Next to the note sat a check worth the $500 Joseph owed for his housing.

Joseph was not depressed. He didn’t have a history of mental illness or suicidal attempts. He never took off and disappeared before, and it was especially odd that he contacted his sister to state he was leaving the country in the middle of the night, and then turned up deceased a few days later. Joseph’s plan, or the plan that was painted for him, didn’t add up.

Joseph Smedley II. Photo credit: Justice For Joseph Facebook page.

When campus police first responded to Vivianne, they told her they found Joseph and he was in jail on a battery charge. Startled because this was so unlike him, Vivianne followed up, only to learn that Joseph had not been arrested, but someone else by the name of John Smedley.

At the same time, Joseph’s fraternity brothers allegedly spoke about his absence amongst themselves. He wasn’t at the fraternity meeting on Saturday morning, which prompted Joseph’s roommates to go into his room to look for him; this is supposedly when they discovered the note Joseph left. On September 30, Indiana University tweeted a missing person’s poster of Joseph.

Vivianne traveled to Indianapolis to visit Joseph’s apartment and search for clues herself. She also spoke directly with his fraternity brothers, who presented her with the note. 

The Discovery 

On Friday, October 2, 2015, about five days after Joseph disappeared, two fisherman discovered a body floating in shallow water in Griffy Lake around 7 pm. The area was heavily wooded and 3.5 miles north of, or a 45-minute walk from, the main Indiana University campus. The body was identified as Joseph’s the following day.

Griffy Lake was in close proximity to Indiana University campus.

Joseph’s body was floating face-up in three feet of water. He was found wearing a backpack filled with 66 lbs. of rocks strapped to his chest. He was also wearing a school backpack on his back that contained a few papers, a laptop charger and an external hard drive. Joseph had binoculars around his neck, likely from when he went to see the blood moon. He also had on jeans and a sweater, socks and shoes, and his wallet was still in his pocket. Joseph’s cell phone was later found at another location. The autopsy revealed that Joseph had THC and alcohol in his system.

A Google Maps street view of Griffy Lake taken by John Van Norman in June 2020, the area where the body of Joseph Smedley II was found.

When Vivianne received the news of her brother’s death, she was eating at a local restaurant in town with two friends—a detective and a prosecutor—and suddenly saw police cars rushing down the street. With a sinking feeling in her chest, Vivianne called one of the detectives involved in her brother’s case, who claimed that all was fine. She then drove to Griffy Lake and observed an area blocked off with yellow police tape. She knew.

Still, detectives alleged they didn’t have any information to share with Vivianne. They later called her inquiring about dental records and if Joseph had ever been fingerprinted. Now in the company of her two friends, they tried to guide her into an understanding of what these questions insinuated. Vivianne was called down to the precinct, where she saw one of Joseph’s roommates. When she received the heartbreaking news, she was utterly shocked.

The ‘Investigation’—If You Can Call It That

The case initially stalled when the Bloomington Police Department presented the information on Joseph’s case over to his father, Joseph Smedley Sr., who Joseph was long estranged from. It was only after Joseph’s mother signed over power of attorney rights for Joseph to Vivianne that Vivienne was provided any details.

As the investigation began, investigators learned that Joseph was known to spend long hours in the library studying and doing work. However, although he signed up for his fall semester classes, Joseph’s teachers said he wasn’t attending them. (It’s unknown as to whether this detail is associated with the case.)

A map of important points on the night of September 27, 2015 into early September 28, 2015 Photo credit: Justice For Joseph Facebook page

The last pinged location of Joseph’s phone was in the Griffy Lake area. This area was also where the fraternity brothers observed the blood moon, which makes it probable that Joseph was in this general vicinity throughout the night.

However, at 4:15 am, after the unusual text was sent, Joseph’s phone pinged to the corner of Seventh and Walnut Streets, a distance that takes one hour and seven minutes to walk from Griffy Lake. Then at 4:45 am, Joseph’s phone pinged again, now around the bridge area of Griffy Lake. The locations of Joseph’s phone suggest that he (or his phone) made the trip in a half-hour, which would have been impossible without a vehicle. What’s more, is Griffy Lake is an unlit, wooded area, and the walk there is about a mile; a venture that most people wouldn’t feel comfortable walking at night and alone.

Joseph had a vehicle but it wasn’t working. Handed down to him from Vivianne, he didn’t keep up with maintaining the car and it stopped running a year earlier. These details suggest there was a vehicle involved, but it’s unknown as to whose it was.

At 6:30 am, Joseph’s cell phone pinged for the final time at North Walnut Street between Old State Road 37, which is right outside Griffy Lake. After that, it was turned off. And even though Joseph’s phone pinged in this location, scent dogs were unable to track him here. It seems more likely that Joseph wasn’t there physically, but only his phone.

Joseph’s body was found in about three feet of water. Not only was Joseph 5′ 7″ and he could have easily stood up, but he was also an excellent swimmer and would not have trouble keeping himself afloat. (These details indicate to me—a regular person with no professional legal experience, that he was either killed and then placed here, and the rocks were used to weigh down his body, or he was placed elsewhere and floated to this location. If you think this is a common-sense assumption, you’ll soon learn it’s not.)

Another stall in the case involved the mishandling of Joseph’s body. Investigators placed Joseph’s body in the body bag with his clothes on, so they never removed his clothing for evidence. It was all thrown in the bag. With precious evidence already lost due to long-term exposure to water, this discrepancy stripped the body of evidence even more.

An Unexpected Coroner’s Report

Much of the debate surrounding this case also has to do with the coroner’s report, which lists drowning as Joseph’s cause of death to drowning, unknown. Two months later, the ruling was changed to suicide by way of drowning. Monroe County Coroner Nicole Meyer also determined that no foul play was suspected in Joseph’s death.

Disagreeing with the findings, Joseph’s family hired a third-party agency to conduct another autopsy on his body. This second autopsy revealed that Joseph had bruises on his body, specifically hemorrhaging on his back, that were consistent with forcefully being held down. This second autopsy concluded that Joseph’s death was a homicide, not a suicide.

When the second autopsy was conducted, the autopsy technician tried to get in touch with the Bloomington Police Department, but received no response. There were some unknown details that would be important in determining what happened to Joseph. In an episode of the podcast, “So Mean, Allegedly,” which covered this case and featured Vivianne, she noted the backpack that was strapped to Joseph’s chest, and how it was unknown whether the backpack itself was in front or back of Joseph, and if only the straps were across his chest. This information might determine a reason for the bruising on Joseph’s back, as blood pools after death, producing a bruise-like appearance. Because of the lack of response from the Bloomington Police Department, this information cannot be confirmed. 

Where Is The Case Now? Six Years Later

In 2020, Vivianne started a petition that called for the Bloomington Police Department to reopen Joseph’s case. So far, the petition has received nearly 121,000 signatures with a goal of 150,000 signatures. Sign the petition here. Vivianne also created a GoFundMe with a goal of raising $10,000 for the family to hire a forensic pathologist to conduct a second autopsy. Although the autopsy was conducted, the forensic pathologist remains unable to finish the report until the Bloomington Police Department shares photos and additional details about how the body was found. Without this information, the report remains at a standstill.

Joseph Smedley II and his sister Vivianne Bernas. Photo from Indiana University.

Despite the family’s ongoing and tireless efforts to advocate for the truth behind Joseph’s death, investigators have yet to reopen it.

”Mr. Smedley’s cause of death was determined to be drowning by the Monroe County Coroner’s Office and the manner of death was determined to be suicide,” Public Information Officer for Bloomington Police Ryan Pedigo said in a statement. ”There is no further investigation being completed in that case.”

Vivianne continues to push for #JusticeForJoseph, but it’s been a tough road. She has had several attorneys who agreed to help and then became “spooked” and backed out. One attorney even dropped out the day before a hearing due to “conflict of interest.”

“I really hope that somebody realizes that this is a whole life,” Vivianne said in an interview with Indiana University. “You know, people go through college and they just meet a lot of people and they think this is just a person, but it’s not. He had a whole life and a family, and a huge amount of friends, and impacted so many people in the community more than anybody realized.”

My-Two-Cents Corner ↴

There are a few theories on what happened to Joseph, but there’s only one I agree with. And please note that the content in this section contains my opinion only.

The theory I believe is the one Vivianne is pushing officials to consider: that Joseph died, either accidentally or by way of force, while he was observing the blood moon with his fraternity brothers. Whether it was intentional or unintentional, as I stated, is unknown. I personally don’t have enough personal experience with fraternities or sororities to know what goes on behind closed doors there, so I can’t speak on that. But this is the outline of what I generally believe happened that night.

The second coroner’s report and the presence of Joseph in shallow water and despite him being a skilled swimmer, suggest that his death either occurred as a result of force; perhaps he was held underwater or he was hit or ambushed, which impaired his response. The 66 lbs. of rocks in the backpack fastened to Joseph’s chest seem like a poor last-minute attempt to weigh Joseph’s body down and make it possible to argue as a suicide. I don’t necessarily believe they thought he wouldn’t be discovered, as the weight wasn’t enough to submerge Joseph’s body. I don’t really know what that was about other than a measly attempt. When I think hard about this case, sometimes I even question whether there were real plans to observe the blood moon.

Here’s what I think happened that night…

A harvest moon. Photo credit: Wikipedia.

Joseph’s body indicated he had alcohol and THC in his system. I imagine this means that after Joseph and his fraternity brothers finished eating at Noodles & Co., they went back to the frat house, had a few beers and smoked some marijuana together. It was a Friday night after all. (I’m curious to know what Joseph’s pinged locations were for the entire night, not just 11 pm and after.)

When they were feeling good and relaxed, I believe they sent out for the blood moon. Something happened during this time, and I believe that a text was sent to Vivianne’s phone from an individual who wasn’t Joseph. I believe Joseph may have already been deceased by the time the text was sent.

I think signing the letter “Smedley,” being that Joseph didn’t refer to himself this way, was also a clear giveaway that he didn’t pen the note himself. As for Joseph’s cell phone, I believe it was turned off and possibly thrown or discarded somewhere so it couldn’t be used to retrieve additional evidence, like fingerprints, from the perpetrators. I think all this also explains why the text message and the note read similarly, and those who may have been present present when the text was sent and where the note was found.

My beliefs about what happened that night are based on my research on this case, but when I think about the possible motives for something like this, the conversation switches to speculation. There’s simply not enough information to prove a motive that’s based in fact, at least not one that’s present in media coverage. However, based on the details about what happened that night, I believe this was the lead-up to Joseph’s death. The fact that Joseph’s death was ultimately ruled a suicide makes me curious as to whether someone involved is connected to the Bloomington Police Department.

It’s also important to note here that the Sigma Phi chapter at Indiana University was actually suspended by the national Sigma Phi Society in 2021 through 2023 for hazing, endangering others, dishonest conduct and failure to comply with university and county directives. Considering the possibilities of what could have happened in this case, I think the chapter’s suspension speaks to the kinds of behaviors that are regular occurrences there. This could have been a situation of hazing gone too far and causing Joseph’s fatal outcome.

I think the decision to declare the death of Joseph Smedley II a suicide doesn’t make sense.

I’m not only speaking from the parameters of my own mind, but from both a statistical and human behavioral standpoint.

According to the Centers for Disease Control and Prevention, 2022 data shows that 1% of people who commit suicide do so by way of drowning, though it’s slightly more common in older adults.

As humans, we are biologically programmed with a survival instinct. We are designed to do whatever we can to survive. We have a built-in fight or flight instinct. Withstanding the physical pain associated with drowning, and forcing one’s self to do so in three feet of water where it is possible to find safety in an instant, goes against this primary instincts Further, with Joseph in a good headspace and on a positive track in general, and without a history problematic behavior, the crime doesn’t align with who he was as a person. I believe Joseph was died in the vicinity of Griffy Lake, though I’m not exactly sure how, and that his body was subsequently dumped in the lake.

Thank you for reading and please continue to advocate for the reopening of Joseph Smedley II’s case. It’s been almost seven years since this happened and there’s still no #JusticeForJoseph. Please help spread awareness on the effort to change that.

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