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The Daily OrangePretrial hearing to decide legality of oral confession
By Susie McElligott
Posted: 10/6/05, 11:15 PM EST Section: News
The testimonies given by the prosecution and defense three weeks ago in the pretrial hearings of Brian T. Shaw, the former Syracuse University student charged with murder in the second degree, play host to numerous contradicting details that could mean the suppression of a critical piece of the prosecution's evidence against him.
Shaw was arrested the night of March 23, 2005, in connection with the death of Chiarra Seals, the mother of his 4-year-old daughter. Three pairs of detectives interrogated him throughout the night. The interrogation began around 10:30 p.m. and ended at approximately 4:30 a.m. However, the testimonies of the detectives and Shaw differ in several ways, and those differences could mean the world of difference for Shaw.
The purpose of Shaw's pretrial hearings is to determine whether or not the oral confession he gave to police that night could be used during his trial. The confession is being questioned by the defense on grounds that Shaw was allegedly not read his rights at the appropriate time nor given access to an attorney.
According to Syracuse Police Detective Eric Carr's testimony three weeks ago, Shaw was read his Miranda rights at the beginning of questioning, but insists he was not made aware of his rights until closer to 4:30 a.m., when Sgt. Joel Cordone read them to him.
Cordone, according to Shaw's testimony, read Shaw his rights in response to his second request for a lawyer.
Shaw said he wasn't given the opportunity to speak to an attorney on either request. After 20 minutes with Cordone and Detective Steve Kilburn, Shaw requested to speak to two detectives who had previously questioned him that night, Patrick Boynton and Brian Fougnier. It was then, according to the detectives' testimony, that Shaw finally offered his oral confession.
Jenny Roberts, an assistant professor in the College of Law and director of the Criminal Law Clinic, said in pretrial hearings the judge acts as a fact-finder, and it is his or her decision what evidence is used and what evidence is suppressed. In the case of Shaw, what it comes down to is whom Judge Joseph E. Fahey finds more credible, she said.
Shaw was arrested the night of March 23, 2005, in connection with the death of Chiarra Seals, the mother of his 4-year-old daughter. Three pairs of detectives interrogated him throughout the night. The interrogation began around 10:30 p.m. and ended at approximately 4:30 a.m. However, the testimonies of the detectives and Shaw differ in several ways, and those differences could mean the world of difference for Shaw.
The purpose of Shaw's pretrial hearings is to determine whether or not the oral confession he gave to police that night could be used during his trial. The confession is being questioned by the defense on grounds that Shaw was allegedly not read his rights at the appropriate time nor given access to an attorney.
According to Syracuse Police Detective Eric Carr's testimony three weeks ago, Shaw was read his Miranda rights at the beginning of questioning, but insists he was not made aware of his rights until closer to 4:30 a.m., when Sgt. Joel Cordone read them to him.
Cordone, according to Shaw's testimony, read Shaw his rights in response to his second request for a lawyer.
Shaw said he wasn't given the opportunity to speak to an attorney on either request. After 20 minutes with Cordone and Detective Steve Kilburn, Shaw requested to speak to two detectives who had previously questioned him that night, Patrick Boynton and Brian Fougnier. It was then, according to the detectives' testimony, that Shaw finally offered his oral confession.
Jenny Roberts, an assistant professor in the College of Law and director of the Criminal Law Clinic, said in pretrial hearings the judge acts as a fact-finder, and it is his or her decision what evidence is used and what evidence is suppressed. In the case of Shaw, what it comes down to is whom Judge Joseph E. Fahey finds more credible, she said.
