Spring Break
The Daily OrangeShaw pleads not guilty to murder, child endangerment charges
Trial likely to begin in September or October
By Amy McKeever
Posted: 6/23/05, 4:54 PM EST Section: News
Former Syracuse University student Brian T. Shaw pled not guilty Thursday morning to charges of second-degree murder and endangering the welfare of a child in connection with the death of Chiarra Seals.
Attorneys and Judge Joseph E. Fahey ironed out details for the months to come following Shaw's plea at the 10 a.m. arraignment at the Onondaga County Court. Fahey set the pre-trial conference for June 30 and set the deadline to argue motions for Aug. 11. The arraignment provided the defense its first chance to get a look at the indictment.
"This is the first opportunity I've had to see the charges against him," defense attorney Tom Ryan said after the arraignment.
The deadline for motions was initially set for July, but Fahey and Ryan quibbled a little as Ryan asked for his entitled 45 days for motions. Fahey warned Ryan that, with a later date, events would move quickly thereafter. Ryan restated he simply wanted the 45 days and the two men agreed to the Aug. 11 date. There is still no bail set for Shaw.
Seals, 23, was killed on March 23. She was the mother of Shaw's 4-year-old daughter and also had a 17-month-old son from a different father. In Shaw's first arraignment in the Syracuse City Court, the prosecution filed a report that said Seals was struck and died, Ryan said. The official autopsy in March revealed the cause of death to be strangulation, however.
"Shaw told the police that he struck (Seals) with his fists," said Pat Quinn, the chief assistant district attorney for Onondaga County. But "it was clear it was asphyxia" after the medical examiner's report, Quinn said.
Despite the initial report of striking being the cause of death, Ryan said the prosecution is now claiming strangulation.
"Now they have turned around and are saying something different," he said.
Police also said Shaw offered an oral confession when he was initially arrested. The confession still stands, but once Ryan files his motions, it could possibly be thrown out in a suppression hearing, Quinn said. Though Shaw pled not guilty in the original city court arraignment, some friends were surprised to hear of the plea after hearing of the confession.
"I guess they have some strategy for him pleading not guilty," said Melissa Apostolidis, a junior communications and political science major who has known Shaw for about a year.
The prosecution will make Shaw an offer at next week's pre-trial conference, Quinn said, and Shaw will learn what the court would sentence him were he to plead guilty. After that, if Shaw's not guilty plea stands, all parties will start moving toward a trial date.
"Were I a betting man, I'd say (the trial will begin in) September or October," Quinn said.
Before that can happen, Ryan is planning on filing omnibus motions that would ask the judge to review the grand jury proceedings, review the sufficiency of the allegations presented and motions to address the suppression of any statements the prosecution claims Shaw made to the police. Ryan has not yet been informed of the evidence against his client, but once he learns it next week, he will decide on other motions to file, he said.
Shaw, who was a senior and a cheerleader enrolled in Syracuse University through the University College at the time of Seals' death, listened quietly to the short procedures in his beige jumpsuit and cornrows. Just before leaving the courtroom, he blew a kiss to a relative.
Also on dailyorange.com
Brian T. Shaw's life in Syracuse
Student arraigned on murder charge
In between alleged murder and arrest, student attended class
Attorneys and Judge Joseph E. Fahey ironed out details for the months to come following Shaw's plea at the 10 a.m. arraignment at the Onondaga County Court. Fahey set the pre-trial conference for June 30 and set the deadline to argue motions for Aug. 11. The arraignment provided the defense its first chance to get a look at the indictment.
"This is the first opportunity I've had to see the charges against him," defense attorney Tom Ryan said after the arraignment.
The deadline for motions was initially set for July, but Fahey and Ryan quibbled a little as Ryan asked for his entitled 45 days for motions. Fahey warned Ryan that, with a later date, events would move quickly thereafter. Ryan restated he simply wanted the 45 days and the two men agreed to the Aug. 11 date. There is still no bail set for Shaw.
Seals, 23, was killed on March 23. She was the mother of Shaw's 4-year-old daughter and also had a 17-month-old son from a different father. In Shaw's first arraignment in the Syracuse City Court, the prosecution filed a report that said Seals was struck and died, Ryan said. The official autopsy in March revealed the cause of death to be strangulation, however.
"Shaw told the police that he struck (Seals) with his fists," said Pat Quinn, the chief assistant district attorney for Onondaga County. But "it was clear it was asphyxia" after the medical examiner's report, Quinn said.
Despite the initial report of striking being the cause of death, Ryan said the prosecution is now claiming strangulation.
"Now they have turned around and are saying something different," he said.
Police also said Shaw offered an oral confession when he was initially arrested. The confession still stands, but once Ryan files his motions, it could possibly be thrown out in a suppression hearing, Quinn said. Though Shaw pled not guilty in the original city court arraignment, some friends were surprised to hear of the plea after hearing of the confession.
"I guess they have some strategy for him pleading not guilty," said Melissa Apostolidis, a junior communications and political science major who has known Shaw for about a year.
The prosecution will make Shaw an offer at next week's pre-trial conference, Quinn said, and Shaw will learn what the court would sentence him were he to plead guilty. After that, if Shaw's not guilty plea stands, all parties will start moving toward a trial date.
"Were I a betting man, I'd say (the trial will begin in) September or October," Quinn said.
Before that can happen, Ryan is planning on filing omnibus motions that would ask the judge to review the grand jury proceedings, review the sufficiency of the allegations presented and motions to address the suppression of any statements the prosecution claims Shaw made to the police. Ryan has not yet been informed of the evidence against his client, but once he learns it next week, he will decide on other motions to file, he said.
Shaw, who was a senior and a cheerleader enrolled in Syracuse University through the University College at the time of Seals' death, listened quietly to the short procedures in his beige jumpsuit and cornrows. Just before leaving the courtroom, he blew a kiss to a relative.
Also on dailyorange.com
Brian T. Shaw's life in Syracuse
Student arraigned on murder charge
In between alleged murder and arrest, student attended class
