
Nearly 25 years have passed since that fateful day in New York, and while the major events of the day will always be remembered, there was one more life lost that day that we also cannot forget. This episode may sound familiar, but it's because justice has yet to be served... The terror attacks killed 2,753 people in New York, and while those deaths are all murders, they are not classified that way. There was, however, one death that happened in New York City on 9/11 that was officially ruled a homicide... and we should never forget it.
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Cyndi Lauper
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Scott Weinberger
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Cyndi Lauper
We are hard at work continuing to put together new Anatomy of Murder episodes for you. But this week we wanted to take you back to an episode we featured a couple years ago.
Scott Weinberger
It's been on our minds since the recent 911 anniversary. This is the story of one murder that occurred in New York City on the same day, unrelated to the terror attacks.
Cyndi Lauper
We didn't want to take away from the remembrance of the terror attacks or the many victims and survivors it left in its wake. But now that a few weeks have passed, we wanted to remind you of another victim who should be remembered. Henrik Chaviak.
Scott Weinberger
Many of you may have listened when this episode first aired in September of 2021. For you, it will be a refresh of an important story and another call for helping to try to get the answers Hendrik's family continues to wait for and the justice Henrik deserves.
Cyndi Lauper
For those of you that are new to AOM or missed this episode for one reason or another, it's a stark look at that tragic day, told from the perspective of Henrik's sister and two investigators who will all tr. Truly never forget.
Scott Weinberger
It's also an episode that was recognized with a Webby People's Choice Award, which we believe is due in large part to the candor and dedication of the people who helped us tell this story, and, of course, because of all of you, by caring about this case and the way these stories are presented.
Cyndi Lauper
If you've listened already, please listen again. And if this is new to you, this is an episode you will not forget.
Scott Weinberger
While you listen, know that Anecyga and I are hard at work putting together new episodes to soon bring to our AOM community.
Mike Prate
There was so much going on at 9 11.
Tommy Joyce
I can hear you. Ultimately ended up investigating a fresh homicide. There was a male shot.
Scott Weinberger
I can hear you.
Tommy Joyce
The rest of the world hears you. Nobody was available because everyone was dispatched to work around the events of the World Trade center and the people who knocked these buildings down. It's just. It's just heartbreaking, quite honestly. We'll hear all of us soon.
Scott Weinberger
I'm Scott Weinberger, investigative journalist and former deputy sheriff.
Cyndi Lauper
I'm Anasiga Nicolasi, former New York City Homicide prosecutor and host of Investigation Discovery's True Conviction.
Scott Weinberger
And this is Anatomy of Murder. We are approaching the 20th anniversary of 9 11, and we've put together a very unconventional episode to mark this event.
Cyndi Lauper
I hesitate to use the Word special. Because I think each one of our episodes is special in the people we talk about. But this one's going to be different for for sure. First of all, we spoke with multiple interviewees. As you know, it's normally just one, but it's also going to highlight the events that happened on 9 11.
Scott Weinberger
It is a raw and honest look into a homicide investigation that faced incredible challenges due to the terrorist attack in lower Manhattan. The NYPD and this city were overtaxed and overwhelmed not only on that day, but in the weeks that followed. All of which unfortunately led to a death investigation that in part failed the victim.
Cyndi Lauper
In this case, our focus is on the one and only murder that happened on 911 in New York City. When I say that obviously there were thousands murdered by terrorists that day, but due to the terrorism involved, they are labeled differently than other homicides. So we are talking about a murder case apart from the terrorist attacks. For today's episode, our executive producer spoke with Lutzyna Chaviak. He spoke with her at her apartment in New York City. She's in her 70s now. English is her second language. And she also had a friend help to translate as they spoke.
Lutzina Chaviak
My name is Rutzyna and I came here about 20 years ago.
Scott Weinberger
Today's story doesn't start at ground zero, but actually 4,000 miles away in Poland.
Lutzina Chaviak
We born in Kielce.
Henrik Chaviak
What's the name of it?
Lutzina Chaviak
A big town.
Cyndi Lauper
Lutzina grew up in Keltza, Poland.
Lutzina Chaviak
Polish cities is completely different than New York.
Scott Weinberger
Kelce is a city south central Poland which is surrounded by beautiful mountains. Just less than 200,000 residents. A beautiful place to grow up, I'm sure. A great place to live.
Lutzina Chaviak
This is very old city, like 1,000 years old. And was capital, Polish capital.
Scott Weinberger
Lutzina had two brothers. Her youngest was Henrik.
Lutzina Chaviak
He was my younger brother.
Henrik Chaviak
How much younger?
Lutzina Chaviak
Six years.
Henrik Chaviak
Six years.
Lutzina Chaviak
He was also very handsome.
Scott Weinberger
She described him as being a very smart boy.
Lutzina Chaviak
In school he read books about physics, demography, anthropology.
Henrik Chaviak
So he likes science.
Lutzina Chaviak
Yes.
Cyndi Lauper
And I almost giggle when I hear her talk about him because she talks about him like I would talk about my own brother.
Lutzina Chaviak
Sometimes he stay at home and sleep, but teachers come to home and wake up him.
Henrik Chaviak
He would like who would sleep through school.
Lutzina Chaviak
Yeah.
Scott Weinberger
You know, she also talked about some European traditions.
Lutzina Chaviak
In Poland is popular name day.
Scott Weinberger
Name day celebrations are just as big as birthdays. In fact, they may even be bigger at these times.
Cyndi Lauper
Wait a second. Is name day not the same thing as our birthday, except that it's celebrating our name?
Scott Weinberger
Well, no, no, no, it's not your birthday. There's something called name day where it actually just is a name day. And so there's a designated day for all of the Scots and there's a designated day for all of the popular names. It's like an opportunity to celebrate two days your birthday.
Cyndi Lauper
And so how do you find out what your name day is?
Scott Weinberger
You look it up. You go on Google what's my name day? And it has actual names.
Cyndi Lauper
But let me look.
Scott Weinberger
May not be an Anneciga name day. I know that, Scott. My Name Day is November 28th.
Cyndi Lauper
Sorry guys, I'm typing as we speak. Ah, very interesting. See you learn something every day. I really thought and I kind of liked it. I thought that name day was just a different way of celebrating instead of your birthday getting older, your name. And at this point in my life, I would much rather celebrate my name day.
Scott Weinberger
Yeah, I'm with you on that.
Cyndi Lauper
And now when I look it up, at least the first part in my name for Anna Nameday is July 26th.
Scott Weinberger
And one of Lutzina's fond memories of Henrik is celebrating his name day.
Lutzina Chaviak
And we made picnic in a beautiful place in nature. Was very nice. Also.
Scott Weinberger
Henrik also served two years in the Polish army and then began a career as a railroad inspector for the state run Polish rails network. Along the way he married his childhood sweetheart, Eva.
Henrik Chaviak
How old was he when they met?
Lutzina Chaviak
Maybe five.
Henrik Chaviak
He was five years old.
Lutzina Chaviak
Yes, yes, tell me about that.
Cyndi Lauper
Her cousin actually lived next door to Henrik's family and she was there on vacation one day and they met and well, as we know today, the rest was history.
Lutzina Chaviak
She was student and she studied biology. PhD in biology.
Cyndi Lauper
After the couple married, they had two children. They had a daughter first and then a son.
Henrik Chaviak
How excited was Henry to be a father?
Lutzina Chaviak
Yes, yes. And he had idea about building house.
Henrik Chaviak
He wanted to build a house?
Lutzina Chaviak
Yeah.
Henrik Chaviak
Would he actually build a house or buy a house?
Lutzina Chaviak
No, built by his hand.
Cyndi Lauper
And that says everything we need to know about the man that he was.
Henrik Chaviak
Did he like doing stuff with his hands? Did he like building things?
Lutzina Chaviak
Yeah, because he helped building older brother. They built big house. Henrik helped him in Poland is very popular. Every man knows many, many, many things.
Cyndi Lauper
Henrik's dream of building this home for his family, it involves more than his hands because to buy those materials you need the means. And that wasn't coming easily in his homeland. And that's where we get to the US Because Ludzina was already here and it was her that helped him start to move More forward towards his dream.
Lutzina Chaviak
I had private business.
Henrik Chaviak
What business was it?
Scott Weinberger
She wasn't really anxious to leave the country that she was born and that she loved. But her business had suffered a unfortunate fire which destroyed everything. That business was not insured.
Lutzina Chaviak
Because my business go down, I come to America.
Scott Weinberger
A lottery, and that basically means the US encourages immigration to create sort of a melting pool here in the US from all different countries.
Cyndi Lauper
It's known really as the green card lottery system that each year 50,000 people are awarded from all over the world permanent residency in the US to be eligible for the lottery, you either need to have your high school diploma or two years in one of hundreds of various businesses or trades, and that's it. So people just wait to see if their numbers come up.
Scott Weinberger
And Lucina was lucky enough to be chosen and lucky enough to come to the US in 1994.
Lutzina Chaviak
When I come here, no any friends. And I also miss this place. This my friend, family and everything.
Cyndi Lauper
For Lutzina, she basically came here when it wasn't working out in Poland. And that's ultimately what led Henrik here too. His plan was not to come and get that money for himself, but his opportunity for his family. He was going to take the money that he made here, send it home so that he could actually build that house for his family. He just needed to first get the money. He needed to do it.
Scott Weinberger
There was a moment during the interview that I remember with Lucina that she talked about a conversation that stuck in her mind and the family's mind.
Lutzina Chaviak
He went to his brother's house. His brother called to his son and he said, come here to our house because you will see him the last time. He said, oh, my God, what did I say?
Cyndi Lauper
You know, there are these things that we say sometimes when it is just a slip of the tongue, and sometimes because of events that transpire afterwards, you wonder if there was something more to it. It was just this throwaway line. But obviously, we all know that we wouldn't be talking about this today if it didn't lead somewhere very dark.
Scott Weinberger
It was in the late 2000s that Hendrick moved to the US about a year before the 911 attacks. He was in his mid-40s at the time, settling in first with his sister in the Rockaway section of Queens, and then just a few doors down from his sister.
Cyndi Lauper
When Henrik came to the US, his daughter was 17 and his son was 10. And while he was thousands of miles away, his heart was very close. He spoke to his family every single day.
Scott Weinberger
Henrik was highly motivated to Set up a new life here. He took any job he could get.
Lutzina Chaviak
Like construction, every dollar. He sent family, every dollar.
Scott Weinberger
You know, oftentimes Hendrik and his sister would talk about life and even talk about death.
Henrik Chaviak
Tell me about the last time you saw Henrik.
Lutzina Chaviak
A few days before we talking.
Cyndi Lauper
By this point, Henrik had been in the country for 11 months.
Lutzina Chaviak
We talk about life, and he has vision that die soon. I say crazy.
Cyndi Lauper
Now, this is the second time that we're hearing this already, right? In just a few moments that first there's the line to his son when he's leaving, and now it is Henrik himself saying to his sister that he had premonitions he was going to die. Now, I don't know how all of you feel about these things.
Scott Weinberger
Yeah, I mean, we all have feelings, but they don't always translate to facts.
Cyndi Lauper
And it's eerie that just a few days later, it was 911 that morning at 7am he went to work. And on that same day, he was murdered.
Scott Weinberger
And in order to understand the murder and the investigation, we have to unpack the events of that day. It's also important to say for this podcast, it's not our intent to regurgitate the tragedies that we've all witnessed 20 years ago, but see it from a different point of view.
Cyndi Lauper
And with that, that's going to bring us to the other two interviews that we did for this podcast. Two former members of the New York City Police Department that I have known for years. Detective Mike Prate.
Mike Prate
It's kind of bizarre, right? The radio sounded quiet. Then there was like, one of the guys that said, hey, did you feel that?
Cyndi Lauper
And at the time, his lieutenant commander of detectives, Tommy Joyce, someone came running.
Tommy Joyce
In and said, a plane just got hit. A plane just hit the World Trade Center. A plane just hit the World Trade Center.
Cyndi Lauper
You know, it's hard for me to think about that day without even thinking about where I was myself. You know, Scott, you and I were both in New York. My office actually faced the World Trade Center. I'll never forget that morning. It was one of those beautiful, crispy September mornings that you are so thankful to be in New York City. The sky was blue. And almost as soon as I got to my office, my paralegal called me to the window and said, look out the window because one of the World Trade Centers is on fire.
Scott Weinberger
Anybody know what that smoke is in Lower Manhattan?
Cyndi Lauper
And as I looked, a second plane went and hit the other tower.
Mike Prate
Another one just hit the building.
Cyndi Lauper
Wow.
Scott Weinberger
It was a Tuesday Nsiga. I remember Clearly I was on a downtown subway train headed to cover story for NBC where I was a street reporter for the local station. I was diverted by a pager message and you remember those pagers that had typing on it and the message said, quote, small plane hit twin towers, Go. And seconds later, the train had stopped short of the Cortlandt street station when the conductor announced that there was some type of emergency and the train would be holding short of that subway stop. But seconds later the train pulled in and the doors opened. But the announcement over the PA said do not leave the train. But I got off, I walked up the stairs to the Cortland Station and within a flash, the second plane hit the South Tower. And the stuff that happened next I don't often talk about, but it was a incredibly difficult, difficult experience to witness. A lot of smoke in lower Manhattan. American Airlines Flight 11 had a crew of 11 and 76 passengers on board, not including the hijackers. And those hijackers flew the plane into the northern facade of the North Tower of the World Trade center in New York City, hitting the building at 8:46am Next was United Airlines Flight 175 that had a crew of nine and 51 passengers. The hijackers flew that plane into the southern facade of the South Tower of the World Trade center in New York City. And that happened at 9:03am the whole.
Tommy Joyce
Building just came apart.
Scott Weinberger
Holy smokes. Outside of New York City, at 9:37am, American Airlines Flight 77 deliberately crashed the plane into the Pentagon, killing 64 people on board and another 125 people in the building. And then a short time later, United Airlines Flight 93 crashed into a field in Somerset County, Pennsylvania, killing all 40 of the passengers and crew on board.
Cyndi Lauper
In Lower Manhattan. There are thousands upon thousands upon thousands of people there every single morning, including that day. And at that point, they are all trying those who could, to get away.
Scott Weinberger
You know, for Mike and Tom, both were assigned to the 79 precinct, which covers Bed Stuy, Brooklyn. And they were miles away from ground zero.
Mike Prate
From that point on, we were deployed to open up the flow of traffic so that all of the first responders coming in, additional fire units, rescue units, could get into Manhattan.
Cyndi Lauper
Now, I remember being evacuated. We were in a government building, so we had to walk down 16 flights after the second plane hit. And as soon as I got off, there was already people, hundreds, it seemed like thousands, but it was at least hundreds coming off. They had ash, there were already National Guardsmen in the street. And you can just Imagine the scene all over as people, those who could again trying to get out.
Mike Prate
If you can imagine the super bowl letting out and only coming through two exits. That was every single person that was working in lower Manhattan was streaming over the bridges.
Tommy Joyce
I remember doing a lot of activity. I have very, very vague specifics around memories. It's kind of like this one big giant blur.
Mike Prate
It's a crazy dynamic of people who are totally ash covered to people who are totally clean.
Scott Weinberger
Every on duty member of the NYPD was being utilized to react.
Tommy Joyce
This is instincts kicking in and, you know, thinking about, okay, well, you know, missing unidentified persons. You know, we're probably going to get people, they're probably going to utilize all the hospitals in the New York City area. So I dispatch two detectives over there for the potential of having to handle missing persons, unidentified people coming in who haven't been identified. Notifications haven't been made to family members.
Scott Weinberger
From the beginning of a Herculean search and rescue effort to the crash site, to evacuating a half a million New Yorkers trapped on the island of Manhattan, to clearing the streets so emergency equipment could make it down to lower Manhattan.
Tommy Joyce
I do remember, and no one ever mentions them. The work of the iron workers never herald for what they did. And they did amazing work too. Moving structures, girders and beams, you know, weighing tens of thousands of pounds and tons and tons.
Mike Prate
I saw one of the guys that I coached soccer with from my own community, my own neighborhood. We stood there and hugged for five or 10 minutes.
Scott Weinberger
It's interesting the way I heard Lucina describe what she thought of what was going on.
Lutzina Chaviak
Watch tv. Dangerous situation in New York and I didn't believe.
Henrik Chaviak
Where was Henrik?
Lutzina Chaviak
He go to work seven in the morning. He went to work, but after this, I don't know. Next.
Henrik Chaviak
Did you see him at all that day?
Lutzina Chaviak
No, no. I feel in this evening very, very bad.
Cyndi Lauper
And then hours go by until it's 5am the next day.
Scott Weinberger
Detectives would knock on Lutzina's door to deliver the news that Henrik was dead. Not as a result of the terror attacks in lower Manhattan, but shot dead on the streets of Bed Stuy, Brooklyn.
Lutzina Chaviak
They say that he died on the street. She was like paralyzed, completely shocked.
Cyndi Lauper
His sister was here, but the rest of his family was far away in Poland.
Henrik Chaviak
Who told Eva?
Lutzina Chaviak
Eva was absent at home.
Cyndi Lauper
And when she called the home, Eva, his wife wasn't there. And she was left to tell the only person that was home, his 10 year old son, Adam.
Henrik Chaviak
He was 10, right?
Lutzina Chaviak
Yeah, I was completely crazy. The family was angry because she said to him, father is dead. And the family, his wife didn't want him to know father is dead.
Cyndi Lauper
I think about that. For anyone to get that news, let alone a child and from someone thousands of miles away, it's hard for me to wrap my head around that.
Scott Weinberger
Yeah. I mean, the world seems so big and the world seems so small. At the very same time, being 10 years old and having to process the fact that the father you were told to say goodbye to the last time 11 months before is actually deceased.
Cyndi Lauper
And so right away, his family, of course in Poland is grieving. But they also wanted to know, what was it that happened to Henrik Here in New York, it's officially fall, which means it's time for things like pumpkins and apple cider. And on cooler days, I'm already starting to slip into my cozy sweaters from from Quince. Quince is known for their Mongolian cashmere sweaters from $50. And it's not just that all Quince Items are priced 50 to 80% less than similar brands. That includes things like their beautiful leather jackets, cotton cardigans, soft denim, and a lot more. How are they able to do it? By partnering directly with top factories and cutting out the cost of the middle person, which passes the savings on to us. Quince's Mongolian cashmere fisherman sweater is the newest item in my cart, and this year I'm seeing lots of stripes and cable, so I may need to add those too. Get cozy in Quince's high quality wardrobe essentials. Go to quince.com anatomy for free shipping on your order and 365 day returns. That's Q U I N C E.com anatomy to get free shipping and 365 day returns. Quince.com anatomy.
Scott Weinberger
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Tommy Joyce
Were back at the station house. We were in our 79 detective squad officer. We had received notification that there was a mail shot. Decatur in Albany was the location.
Scott Weinberger
It all happened within the 79 Precinct command, which encompasses the neighborhood of Bedford Stuyvesant, also known as Bed Stuy, Brooklyn. It's a high crime area 20 years ago and still is today.
Tommy Joyce
We were like, you know, we just couldn't believe it. Here we are, probably the worst day law enforcement has ever seen. And it's just getting worse, not better. There's nothing, no good news is coming in. And then here we have to respond to a male shot.
Scott Weinberger
The intersection of Decatur and Albany is just a few blocks away from a subway stop and Henrick had been shot multiple times in the chest.
Cyndi Lauper
And so that led to one detective only going to the scene.
Tommy Joyce
Detective Caffrey was the lone detective who responded to the scene.
Cyndi Lauper
And I can tell you that is many, many less people than would normally be dispatched. And beyond the precinct and homicide detective response that extended to the NYPD forensic units that were able to respond to.
Tommy Joyce
You'D have at least two crime scene unit detectives show up and evidence collection responded and process that scene versus crime scene unit.
Cyndi Lauper
Now, normal course in any homicide case is for crime scene investigation to show up. They are specially trained in the homicide investigative techniques utilized and trying to find every scrap of potential evidence.
Scott Weinberger
Well, evidence collection is basically going to the scene, determining what is evidence in this investigation, processing it and collecting it. But it's not a real deep scientific dive on what happened there. Not using the techniques of drawing out the crime scene to a point where you can determine blood spatter, where you can determine direction of travel, or you can really determine ballistics.
Cyndi Lauper
Evidence collection normally responds basically to property crimes. When a car is broken into, when there's a burglary, they come and dust for fingerprints. They take a look around. It's a much less in depth type of investigation in the aftermath.
Tommy Joyce
And then the evidence collection team is kind of a feeder into the crime scene unit and they do basic evidence collection.
Cyndi Lauper
But yet on that day, obviously as you can imagine, crime scene was dispatched like every other member of law enforcement to try to help in some way and manage the aftermath of the terrorist attacks.
Scott Weinberger
On any given day, this homicide would bring a team of detectives to the scene. On any given day, this event would bring crime scene investigators to process the scene for clues. On any given day, several detectives would be knocking on doors, getting statements. But on this day, one lone detective would arrive with just one evidence collection member of the NYPD to preserve and process and collect evidence. But not as forensic scientists, not making critical observations on a public street where the crime scene would be tainted, walked over moments after they left. This was not any given day. This was 9 11. And while difficult and understandable choices were made, it is the day that this murder victim deserved more.
Mike Prate
You only get one shot at that. It just couldn't get done.
Cyndi Lauper
And that's where you really come to the push and pull of all this. Because anyone that thinks about this can understand the incredible difficulty of any member of law enforcement. They are out there literally trying to control what only can be described almost as a hell on earth.
Mike Prate
Your own family members who work down in Lower Manhattan, have we heard from them? Did we see them? Where have they been? How did they get out? How did they end up in New Jersey?
Cyndi Lauper
They are trying to find the dead, help the living, help those that survived, help people even just navigate the incredible loss.
Mike Prate
It never seemed to end. So you're taking all of those different thoughts, and then you're trying to help the guys who are in the office managing with a death investigation.
Cyndi Lauper
But now there's a man found in the street. While we can all say we get it because of that day, as Mike.
Mike Prate
Prate said best, how do you explain that to a family?
Cyndi Lauper
To best discuss the murder of Henrik Savillak, we really need to start with the place where his body was found.
Tommy Joyce
That block he was found on, street level. I believe it was a couple blocks away from the subway exit. If you were able to look on a map, it's sort of like a little bit of a zigzag. He had to make like a left, a right, and a left, and he was probably two or three blocks away from the subway station.
Cyndi Lauper
Let me tell you all a little bit about Bedford Stuyvesant. I got to know it as a prosecutor. On the one hand, it is beautiful. It always was. It has these incredible brownstones, and there's families living there and young people and old people. But you also had lots of crime.
Tommy Joyce
That was a chronic, problematic area. A lot of violence. A lot of narcotics activity in that community, not a lot of cooperation.
Cyndi Lauper
We are talking into some of the heyday of narcotic and that block was known in particular whether it was day or night. The street trade was Busy, including on September 11th.
Tommy Joyce
Was he in that area for narcotics use as a potential buyer?
Scott Weinberger
Given the fact that this was 9 11, you may be asking whether everything paused on that day and the city was frozen with the events that occurred in lower Manhattan. But I would say that there is an element who believe that the NYPD and all law enforcement were so hyper focused on those events in Lower Manhattan they would not have the time to address street level drug transactions and robberies. Could it have been the perfect time to commit a murder? You have to look at it both ways.
Cyndi Lauper
It's an interesting point and I think that you're right.
Scott Weinberger
The lone detective on scene began to look at a number of theories. Possibly a robbery that turned into a homicide. You know, at first look, that would make sense. 911 caller told dispatch they heard some sort of argument before the gunshots were heard. The reason why I think robbery would be at the top of my list is what the 911 caller said. He said that they heard an argument ensue before the shots were fired. So there was some type of verbal exchange between the shooter or shooters and the victim. And to me that could point towards robbery.
Henrik Chaviak
Did he always have money on him? Cash?
Lutzina Chaviak
He had $5. No. Sending to Poland everything she said before. So he has $5 with him.
Cyndi Lauper
She doesn't think it could be robbery because her brother only had $5 on him. But you know, what someone has left on them doesn't really determine what crime was being committed when they were killed. Was this an attempted robbery gone wrong? Because I can tell you all that most murders that happen during the course of a robbery or an attempted robbery is because the attacker or perpetrator gets scared in some way. Either the person the victim is trying to fight back or doesn't give up the property or goes to make a quick move. And if you're holding a gun, unfortunately people holding a gun may quickly pull that trigger or use it.
Scott Weinberger
Yeah, I mean we've already heard the stories of how he would send every single dollar back to his family. So somebody sticking you up with a gun and asking you for $5. To him that meant a lot. To him that meant $5 that wasn't going to his family members. But also he didn't speak English. There may have been a confusing moment in between. There that, you know, what was he being asked for? I have to think that may have been part of the equation.
Cyndi Lauper
And if any of you out there are saying, well, wait a second, he didn't speak English, but he was living here, you know, it is very possible to live in various areas and continue with the language that you grew up with.
Mike Prate
He stands out in the neighborhood. His dress is not speaking English. I guess his belongings or his bag that he's carrying would make him what you would say to be a target.
Cyndi Lauper
There's something about the day and Hendrik's appearance itself which makes you wonder about something else.
Mike Prate
He was dressed in camouflage. So he was an older male dressed in camouflage that day.
Cyndi Lauper
He was wearing a camouflage jacket.
Scott Weinberger
That was the normal way he dressed when he went out.
Lutzina Chaviak
He was similar, like Arabic people.
Cyndi Lauper
His skin was of a darker complexion.
Scott Weinberger
And we're also just hours after and a few miles away from the worst terror attack in U.S. history.
Tommy Joyce
Here's this guy coming through the neighborhood at night wearing camouflage. And some of the community members were trying to say that they thought that maybe they were still under attack.
Cyndi Lauper
He didn't speak English very well. And just imagine, you all know, for those of you that remember that day, how high tensions were everywhere. So is it possible that his murder wasn't really happenstance at all, but it was directed, making it a hate crime?
Scott Weinberger
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Cyndi Lauper
The idea of this being a potential hate crime, it's interesting to me in two ways. One, tensions were clearly very high. Anxieties were very high. And we certainly heard about the aftermath of these attacks bringing about race related, ethnicity related crimes.
Scott Weinberger
You know, right after the attack, many of the mosques in New York City and actually all over the country were asking for extra protection, and rightly so, because they were concerned about what the atmosphere was like. They were concerned if people would take retribution just because of the fact of what they followed and what their beliefs were.
Tommy Joyce
That was definitely one of the things that was discussed, but that never really gained a lot of traction.
Cyndi Lauper
Could it have been that? Sure. But at least to me, based on the timing and where it was, that seems much more unlikely to me.
Mike Prate
Maybe people in the block believe that this was an ongoing terrorist attack. As a detective, I'm like, man, come in and tell me that story. Let me bring you down to the DA's office. I want to put you in the grand jury, tell that story. And again, that came in from people in the neighborhoods, people in the neighborhood telling us, well, this is what we heard. Oh really? Well, we'd love to speak to those people who saw that because, you know, maybe they could shed some light, but they would never step forward.
Scott Weinberger
So as we get into the timeline of events for this investigation, we knew that Henrik was already at his job at 7am on the morning of 9 11.
Cyndi Lauper
And when investigators interview his family, they piece together what happened to Henrik that day.
Lutzina Chaviak
After terror. He knows that everybody go to home, but he come to home and start to looking another job for night. This is a cleaning supermarket.
Scott Weinberger
And as we mentioned, he was willing to work as much as he could to send that money home. So it's no surprise to learn that he was starting a new second job beginning at midnight on 911 at a supermarket in Brooklyn. And according to his sister, Henrik knew his way around Manhattan and Queens via the subway system. But Brooklyn was a whole new story.
Lutzina Chaviak
He didn't know about what places are danger.
Scott Weinberger
And on the night of 9 11, it would be his first attempt to find that workplace in Brooklyn.
Cyndi Lauper
And he was pointed in the direction along one of the subway lines, the A line, and he got off at a stop.
Tommy Joyce
However, he's completely in the wrong neighborhood, not even close to where he should have been.
Scott Weinberger
We know that the 911 call came in at 11:30, which was 30 minutes before he was supposed to be at that new job. So he came early. He was prepared to go through this route and find that location.
Cyndi Lauper
Is it possible that Henrik just got.
Scott Weinberger
Lost, just made the wrong turn, ended on the wrong block, and was trying to make sure that he was getting to that job on that first day when he was supposed to be there until he was met with gunfire?
Cyndi Lauper
The happenstance of Ness, that really is one of the biggest tragedies to me in this case.
Tommy Joyce
And it's really tragic and unfortunate what happened to him, but to think that he wasn't even supposed to be in.
Cyndi Lauper
That area, because I can tell you it is not hard to get lost in New York City. I mean, Scott, think about it. When I think about the numbered streets and the avenues, that's the only place in New York that I think that's really, really easy to navigate. Because, you know, after 42nd comes 43rd. But in most other neighborhoods, they are close to one another, but the streets are very different. And so if all of a sudden you are on a block that has two unfamiliar names, there's really no easy way to figure out where you're supposed to get to where you want to be.
Scott Weinberger
And here Hendrik is getting off the subway and potentially making a wrong turn right into the place that Mike and Tom and even you, Anesthesia, describe really as a sort of a chronic crime zone.
Cyndi Lauper
And it's something that Lutzina said that really, I think, paints a crystal clear picture.
Lutzina Chaviak
Two detectives who come in here, I say, I can go to your station. They say, no, no, no. Never, never go, never go.
Cyndi Lauper
Think about that for a moment. It's obviously easier for them for her to come to them, but they said, you know what? We know that there are dangerous areas that are, unfortunately, at the time, overridden with crime, that they wanted to protect her from that. So that they would come to her. And it's that location that plays in so much here. It's not only what led to his death, but it also is what is causing some of the difficulty in getting the answers of not only how he end up there, but by who.
Scott Weinberger
The streets do not talk. And anestiga, you know this. The lawful residents don't want to be seen talking to police, fearing retribution from criminals and gang members. And even if you're on the other side of the law, you don't want to be seen talking to detectives. That's because you could be labeled a snitch. So ruling out the lawful and the lawless, there are not many folks left.
Mike Prate
Showcasing the found out there. That becomes a concentration on trying to get a basic story as to, well, how did he end up like that?
Scott Weinberger
You know? Another critical investigative tool is the canvas looking in the surrounding areas for things like surveillance cameras, where around at the time in 2001, there obviously were surveillance cameras then, but they may have been the kind of cameras that the tape was recycled every few days and not canvassing in a timely manner, you could lose potential evidence.
Mike Prate
Then there's backtracking his steps. Who was the token boot clerk at that location? Who was the token boot clerk? Who was the conductor on the train that he might have taken all of that research, all of that different stuff. It's a tsunami for one guy.
Scott Weinberger
Those opportunities were lost. Lost because just a few miles away at ground zero, nothing made sense. The finest and the bravest were trying to figure it all out, because not.
Tommy Joyce
Only of the events on 911 and that day, but the subsequent six months after that, there just wasn't a lot of attention paid to this cake. Not because we wouldn't have any desire or mission to do so. We just didn't have those resources.
Cyndi Lauper
And while they had many challenges, they still did get some cooperation. They did have some people that could give them something, but really all they got was this.
Mike Prate
He tried to knock on one of the doors of one of the brownstones. So he had run up the stairs and then, you know, trying to get help. So maybe was fleeing from someone, but that's it.
Cyndi Lauper
And as we all know just from hearing it, that's not a whole lot to go on.
Scott Weinberger
I mean, I'm thinking about henrik on that street that night and why he was rushing to get to that job to send every single dollar back to his family. And he may have just taken the wrong turn and been in the wrong place and been in the worst of circumstances on the worst day in American history.
Tommy Joyce
I always felt with immigrants, they came here for a better life. And to only be killed at the hands of another human being is the exact opposite of what they came here for, for an opportunity. And to die that way on that night, it's just heartbreaking, quite honestly.
Scott Weinberger
And as this case started to go cold back in Poland, Henrik's family held his funeral.
Lutzina Chaviak
And many people, all family and friends, come.
Scott Weinberger
This is one of those stories in a very simple way, it was powerful for me.
Lutzina Chaviak
And what was very extremely strange, we see priest who was completely similar.
Scott Weinberger
Like him, the priest in his native country of Poland was the spitting image of Henrik.
Lutzina Chaviak
All the same face hair. We get impression that he make funeral for he make funeral for himself.
Scott Weinberger
I'm sure it gave the family some comfort during that service.
Cyndi Lauper
Now everything we've talked about to now is really all detectives had. And it didn't get any better.
Scott Weinberger
The family reached out to the Polish embassy to try to see if their home country could assist in this investigation.
Lutzina Chaviak
They answered that.
Henrik Chaviak
What did they say?
Lutzina Chaviak
Nothing to do with them. We ask lawyers and they say no.
Cyndi Lauper
Now that's very different. When people hear, well, if something happens to a US citizen, certainly abroad, that the embassy gets involved very quickly. But very often there is not reciprocity in that, which means that the other countries are loath to get involved. They don't really know how they can be of assistance. And that certainly sounds like what Lutzina encountered when she wrote to her consulate, you know, anesthesia.
Scott Weinberger
We've covered a lot of cold cases during this season on this podcast, and we always see the resolve that the investigators and prosecutors have in solving that case for the victim, solving that case from the family. And sometimes it does happen, and unfortunately.
Cyndi Lauper
Sometimes they don't, or certainly not within the time frames that we would hope. And when I think about this case and all that challenges that investigators faced, I've never really seen anything quite like it. I've had plenty of cases that went cold because there weren't witnesses or something. Someone just disappeared or was found somewhere. But 911 was a phenomenon like no other. And everything that that added to the mix really just made this case that much more difficult to solve.
Scott Weinberger
On the 10 year anniversary of the 911 attacks, a tremendous amount of attention was paid. And it should be also pointed out that Mike Prate and Tom Joyce share those same feelings. But solving this murder case for them is equally important.
Mike Prate
We and the squad never stopped working murders, but 10 years seemed to be a milestone.
Cyndi Lauper
Let's turn to the cold Case squad, because that is where this case ended up.
Scott Weinberger
You know, I come from an agency of just 3,000 sworn officers. So when I look at the NYPD, a force of around 35,000 sworn officers and another 20,000 civilians, 30 detectives, 30 are in the cold case squad. And they are some of the best the agency has to offer.
Mike Prate
We really worked with the Chief of Detectives office, the Crime Stoppers Unit, we worked with the mayor's office to get the reward money to be offered a little bit higher. We handed out cards and flyers and, you know, hung things up.
Scott Weinberger
You know, I often refer to an approach or a method investigators use in a particular case to get answers. But we're about to talk about one, which I think is one of the best of them.
Tommy Joyce
Yeah.
Mike Prate
So in 2010, what we tried to do is rebuild the neighborhood.
Cyndi Lauper
Listen, how cool this is. Because of various technology, they could actually rebuild the neighborhood to get information about everyone that was there.
Mike Prate
It really is an effort to identify everyone living within a square mile, anybody who was arrested in that square mile, who are they? Where are they? Then using anybody who might have rented there, who was associated to there, who had relatives there. And then what we were able to do is try and find out where those people live.
Cyndi Lauper
Now, whether it was because they had their name or who was living there, or because they owned a building or rented or had just passed through, and they could prove it through various means.
Mike Prate
You know, you're sending emails, you're sending cell phone calls, you're sending a text message.
Scott Weinberger
Did you see anything? Did you hear anything? Do you know anything?
Cyndi Lauper
And when you have all those people, on the one hand, it's overwhelming because those are lots and lots of doors to knock on, phones to call. But it also gives you, hopefully, this huge swath of information, this blanket, if you will, where at least hopefully they now had somewhere to go.
Mike Prate
And out of that, we were able to identify, like 300 people.
Cyndi Lauper
And while this wild technology is cool and it brought lots of new information, did it lead anywhere here? No. Keeping up with so many competing streaming services can make TV watching a little complicated. Simplify TV with Philo. It's one service and all the stuff you need. Philo's got currencies of your can't miss shows on networks like ae, mtv, Discovery, and tlc. Rewatch the classics like the Office, Martin and Friends, and all the incredible originals on amc, from Mad Men to Orphan Black. And don't forget their library of more than 75,000 movies and shows, all of which you can save and rewatch. Anytime, for a whole year, never miss a minute of shows like Lethally Blonde, Interview with the Vampire Empire, Paw Patrol and Golden Girls. Best of all, with Philo, you get all this for just $28 a month. No contracts, no hassles, just one subscription and a world of entertainment. Go to Philo TVAOM and check it out for a free seven day trial. That's P H I L O TVAOM to start watching. Today we approach the 20th anniversary of 9 11.
Scott Weinberger
The investigation into the World Trade center terror attack quickly ID'd hijackers and the terror organization who sent them on their mission. But as of today, we still do not know who gunned down Hendrick on that Brooklyn Street 20 years later.
Cyndi Lauper
And from law enforcement perspective, it is active, open, and they are hoping for answers.
Henrik Chaviak
How do you feel?
Lutzina Chaviak
I never like being here. My dream was completely different. But after my brother died, I lost motivation. What we doing for what?
Cyndi Lauper
And let's think about closure of this case. What it would bring obviously for Henrik's family to at least know why his life was taken, perhaps. And also who took his life and what that closure would give them.
Henrik Chaviak
How has his family dealt with this loss?
Lutzina Chaviak
They must live without him. That is very, very big loss.
Cyndi Lauper
And for investigators who lost so much, not only in family and friends lost in the terrorist attack, but knowing that they couldn't give this case what it rightly deserved on the day that someone chose to take Henrik's life, that it would give them that breath of, you know what? We got this. And in a way, a nod to the terrorists who took those almost 3,000 lives. We're not going to let you take this one additional life by letting it be unaccounted for too.
Scott Weinberger
We are recognizing the nearly 3,000 that died that day. On 911 in Lower Manhattan, 23 members of the NYPD were killed in the attack on the World Trade Center. An additional 241 members have died because of 911 related illnesses. 343 New York City firefighters died that day. And an additional 227 also died from illnesses. Based on that day, 37 members of the Port Authority. Sorry. 37 members of the Port Authority Police Department also made the ultimate sacrifice, including one of my closest friends. You do it. You go.
Cyndi Lauper
You okay?
Scott Weinberger
I don't know what's going on.
Cyndi Lauper
Scott. Knowing what this day means to so many people and what it took from so many, I guess. What do you want to say to people out there who are listening to this now?
Scott Weinberger
I mean, everyone deals with this event, their Own separate way. I was so fortunate, in a way, to have my law enforcement experience that day, because I was able to process what I saw that morning, and I've been able to deal with it over the years. But I lost friends, people who ran into the building when people were running out. And I know that sounds like what we all talk about in a fire or in a hostage situation or a bank robbery, but it's overwhelming to think how many lives were lost in such a short span of time and how, you know, 37 members of the Port Authority Police Department also lost their lives, including a very close friend of mine, Inspector Anthony Infante, who was supposed to be my wedding party just two weeks after it. So, you know, something that brought America back was a simple line. And the simple line was, you know, never forget, and we will all never forget. But for Henrik's family, not only should it be never forget, but it also has to be never give up.
Tommy Joyce
So to all of those detectives who are out there working and all the people and all the families, they should never give up. You have to, as the law enforcement agency serving that community, you have to convey the message to them that every single person has not been forgotten and that we're going to continue to work.
Scott Weinberger
Mike Prate and Tom Joyce put it all out on the table during their interview with us. And I have tremendous respect for their honesty, their dedication, and even though they have retired their reason to speak out, to continue to get the message out, they do believe that this is a case that is solvable and will be solved.
Tommy Joyce
Look, we're here now, and we can't promise results. We can only promise effort. And I promise you now that we're looking at this case again, we're going to give it everything we have, and we're not going to drop it.
Scott Weinberger
Brakes and coal cases happen, and it usually starts by someone willing to break that chain of silence.
Cyndi Lauper
Social media is an incredibly powerful tool, and today is the day that all of you can maybe help get those answers. We are going to give you, not only in the information you've gotten during this recording, if you look on our website, there will be all the information that investigators can and will give as far as where to reach out, but contact anyone you can, anyone that may have been in the area or you may know someone who knew someone who knows something. You just never know. It can sometimes be just taking one. And so we are now turning this to all of you.
Tommy Joyce
I can hear you.
Scott Weinberger
And for every family who has an open homicide case, I can hear you.
Tommy Joyce
The rest of the world hears you.
Scott Weinberger
We already know you never forget. But we also know that you'll never give up.
Cyndi Lauper
And neither will we and the people.
Tommy Joyce
Who knock these buildings down.
Mike Prate
At some point, this is going to be soft.
Tommy Joyce
We'll hear all of us soon.
Cyndi Lauper
Tune in next Wednesday when we'll dissect another new case on Anatomy of Murder.
Scott Weinberger
Anatomy of Murder is an audio Chuck original A Weinberger Media and Forseti Media production. Sumit David is executive producer.
Anatomy of Murder: NYC's Only Murder on 9/11 (Henry Siwiak)
Host/Authors: Anna-Sigga Nicolazzi and Scott Weinberger
Release Date: October 8, 2024
In the poignant episode titled "NYC's Only Murder on 9/11 (Henry Siwiak)", hosts Anna-Sigga Nicolazzi and Scott Weinberger delve into a tragic and often overlooked murder case that coincided with one of the most devastating events in American history. This episode not only recounts the layers of Henrik Chaviak's untimely death but also explores the complexities faced by investigators during the chaotic aftermath of September 11, 2001.
Henrik Chaviak, an immigrant from Kielce, Poland, had moved to the United States seeking a better life. Described by his sister Lutzina as a "very smart boy" with a passion for science, Henrik worked diligently to support his family back in Poland. His dream was to build a home for his loved ones, a vision that ultimately led him to the U.S. despite the challenges he faced.
Notable Quote:
Lutzina Chaviak reminisces, "He was also very handsome... He liked science." [07:03]
While the world was grappling with the terrorist attacks on the World Trade Center, Henrik was navigating the complexities of a new life in Brooklyn. On the morning of 9/11, amidst the chaos, Henrik was preparing for his second job at a supermarket in Bedford-Stuyvesant (Bed Stuy), Brooklyn.
Notable Quote:
Scott Weinberger recounts his personal experience: "I was diverted by a pager message... within a flash, the second plane hit the South Tower." [17:06]
On the night of September 11, Henrik had just begun his shift at the supermarket when he was tragically shot multiple times in the chest at the intersection of Decatur and Albany in Bed Stuy. This incident remained separate from the terrorist attacks but was overshadowed by the overwhelming focus on the events at the World Trade Center.
Notable Quote:
Detective Tommy Joyce describes the scene: "A plane just hit the World Trade Center." [16:26]
The investigation into Henrik's murder faced unprecedented hurdles. With the NYPD's resources stretched thin due to the terrorist attacks, the homicide investigation suffered from a lack of personnel and attention. Typically, a homicide scene would have multiple detectives and forensic experts, but on that fateful day, only a single detective attended to Henrik's case.
Notable Quote:
Cyndi Lauper emphasizes the impact: "Everything that happened on that day really just made this case that much more difficult to solve." [05:18]
Henrik's death left his family in Poland shattered and seeking answers. His wife, Eva, struggled to inform their young son, Adam, about his father's murder. The Chaviak family's attempts to involve the Polish embassy yielded no assistance, leaving them to grapple with their loss independently.
Notable Quote:
Lutzina Chaviak shares her anguish: "My dream was completely different. But after my brother died, I lost motivation." [54:25]
Former NYPD Detectives Mike Prate and Tommy Joyce provide an insider's perspective on the investigation's difficulties. They highlight the challenges of canvassing a high-crime area during a city-wide emergency, the reluctance of community members to come forward, and the limitations imposed by the ongoing 9/11 crisis.
Notable Quotes:
Mike Prate reflects, "We just couldn't believe it. Here we are, probably the worst day law enforcement has ever seen." [16:13]
Tommy Joyce adds, "How do you explain that to a family?" [31:33]
As the episode approaches the 20th anniversary of 9/11, the hosts and detectives underscore the unresolved nature of Henrik's case. They call upon listeners to assist in solving this cold case, emphasizing that every piece of information, no matter how small, could bring the family the closure they desperately seek.
Notable Quote:
Scott Weinberger urges, "You just never know. It can sometimes be just taking one." [58:10]
This episode of Anatomy of Murder serves as a haunting reminder of how personal tragedies can be eclipsed by national disasters. Through heartfelt interviews and meticulous examination, Anna-Sigga Nicolazzi and Scott Weinberger honor Henrik Chaviak's memory while highlighting the systemic issues that hindered the pursuit of justice on that tumultuous day.
The intertwined narratives of Henrik's life and death with the events of 9/11 offer a unique lens through which to examine the broader impacts of tragedy and loss. This episode not only seeks to shed light on an individual’s story but also advocates for unwavering persistence in seeking truth and closure for all victims of violence.
For those moved by Henrik’s story and eager to assist, visit the Anatomy of Murder website for more information on how you can contribute to solving this enduring mystery.