MORAVIA -- A drowning in Cayuga County is now seen as a possible homicide according to a grieving family who say they're being treated as suspects.
Patty and Patrick Smart of Moravia say they still mourn the death of Patty's mother, Marilyn Cuyler. On June 10th, the 60-year-old woman with a mental disability drowned after she fell into the water at a lock on Cayuga Lake where the family was fishing. At the time, Patrick was considered a hero after he nearly drowned himself in a failed attempt to save her. Patrick was saved by a passerby who used a boat hook to keep his head above water. Several days later the family spoke out about trying to improve safety at canal locks.
Last August, the Smarts say State Police asked them to come to their headquarters in Auburn and interrogated them about whether Marilyn Cuyler was pushed into the canal. "The troopers were questioning me and my husband and my son. it's just been very terrifying." Patty Smart told CNY Central's Jim Kenyon Thursday. "I think that's wrong. I loved my mother more than anything."
Patrick Smart said investigators "were questioning her and accusing me, and when they were questioning me, they were accusing her." During the interrogation, Smart says troopers read her her rights, but both she and her husband say they became so angry they refused to sign anything or take lie detector tests.
The passerby who is credited with saving Patrick Smart's life, said he did not see Cuyler fall into the water, but he believes it was an accident. The rescuer asked not to be identified.
Senior State Police Investigator David Stebbins says he could not comment about this situation because the death of Marilyn Cuyler is "an open investigation."
Because it is an open investigation, the Smarts received a letter from Gerber Life saying it could not pay off an accidental life insurance policy they took out on Marilyn Cuyler three years ago. They said it was one of three such policies they also took out on themselves. When asked if State Police may think they could financially benefit from the drowning death, Patrick replied "There's no amount of money that can replace Marilyn."
Patty Smart added,"It's bad enough I'm trying to go on grieving over my mom, wishing that she was still here...their interrogation was bad. They messed me up worse."
Her mother's ashes are buried beneath a rose bush in the front yard, but Patty Smart says she doesn't go out much for fear State Police may show up with an arrest warrant.
Ironically, Patrick Smart has been nominated for the Andrew Carnegie Hero Fund. Walter Rutkowski says they found out about the incident through an Internet search of news coverage. Rutkowski says the fund will contact State Police to see if Patrick Smart qualifies.
