Final 2 officers testify in Shaw pretrial
Two additional policemen testified Thursday on the second day of Brian T. Shaw’s pretrial hearing, offering more insight into the final hours of Shaw’s interrogation, including a phone conversation he had with his godmother following his confession.
Sgt. Joel Cordone and Detective Steve Kilburn described how Shaw told them in the early morning hours how he came to Seals’ residence, started having sex with her, changed his mind and then pushed her onto the bed when she attacked him, leaving her unconscious.
Kilburn also gave details of a conversation Shaw had with his godmother, whom Shaw referred to as ‘Robin,’ after Shaw’s confession. Kilburn said it was the first time Shaw showed any remorse.
‘The speaker was turned up,’ said Kilburn, who stayed with Shaw as he made the call, ‘so I was able to hear everything they were saying. She started by saying, ‘Brian is that you? Where are you?’
‘At this point he starts getting upset, starts crying. He tells her, ‘I did it.’ She asks him, you know, ‘What did you do?’ He says, ‘I did it. I did it.’ She said, ‘Did you kill her?’ He says, ‘I did it. I did what you said I did.’
‘She tells him, ‘Oh my God, Brian, listen to me. Tell them you want a lawyer. Don’t say another word until you get an attorney.’ She said, ‘Are you sure you’re not just tired?’ He kept saying, ‘I did it. I did it.’
‘At that point, he turned the speaker down so I couldn’t hear what was being said anymore.’
Once the phone call ended, both Cordone and Kilburn said Shaw requested an attorney. Shaw, who also testified Thursday, claims he requested a lawyer immediately and wasn’t read his Miranda rights until just before his confession.
Kilburn and Cordone’s testimony came a day after detectives Eric Carr, Kevin Hamberger, Patrick Boynton and Kevin Fougnier spoke about the earlier stages of Shaw’s interrogation, which began at approximately 10:30 p.m. on March 23.
Kilburn and Cordone reiterated what the four officers testified Wednesday, that Shaw acted arrogantly when they met with him at 4:30 a.m. After about 20 minutes, Cordone and Kilburn both said Shaw requested ‘Dipsy and Dewey’ back in the room.
‘Did you know what he meant by ‘Dipsy and Dewey?” Chief Associate District Attorney Pat Quinn asked.
‘No I did not,’ Cordone said.
Cordone said he then asked Shaw who he was referring to, and Shaw said he wanted the last two detectives in the room. Those two were Boynton and Fougnier.
‘At that point, he was very arrogant,’ Kilburn said, ‘like he wanted to make it seem like he was in control of the interview now.’
At that point, Cordone and Kilburn said Shaw was ready to tell the truth about what happened.
Much of what Cordone and Kilburn said corroborated with what officers said Wednesday, though there were some differences.
Of the four detectives, only Fougnier testified yesterday that Shaw told him he actually started having sex with Seals before changing his mind. Cordone and Kilburn reiterated that today.
Cordone mentioned two moments during Shaw’s final confession that he offered some reconciliation. At one point, apparently, Shaw said he ‘felt dead’ for doing what he had done. Later in the confession, Shaw allegedly said, ‘I felt out of my body at that point,’ referring to the moment after he threw Seals to the bed.
Cordone also added that Shaw grabbed Seals by the head when he threw her down, and she even asked Shaw at one point, ‘Are you trying to kill me?’
Like officers before him, Kilburn said Shaw showed little concern for anyone other than himself.
‘When I was speaking with him, I brought up the fact that this incident created a lot of victims,’ Kilburn said. ‘He’s a victim. His family members are victims. The victim, obviously, is a victim. Her family members are victims.
‘But it always came back to his life was ruined, his life is over. There wasn’t any concern for anyone else.’
Shaw was arrested on charges of second-degree murder in connection with the death of Chiarra Seals. Prior to Thursday’s hearing, officers testified Wednesday to what Shaw told them during his arrest the night of March 23 and into the morning of March 24.
According to Wednesday’s testimony, Seals called Shaw earlier that morning wanting money for an Easter present for their daughter. When he went over there, Shaw gave Seals the money. Seals then started coming onto Shaw sexually, but he refused to have sex with her. Shaw said Seals then grew angry, attacking him and ripping his shirt. Shaw then pushed Seals on the bed, where she laid unconscious.
Shaw then told police he walked outside, forced his way back in after the door locked behind him and wrapped Seals’ body in a sheet or blanket, driving it back to his garage. After attending a history class, Shaw said he dropped Seals’ body behind a garage two blocks from his home.
Police picked him up shortly after that.
The next pretrial hearing is scheduled for Oct. 7, and Judge Joseph Healy set the trial to begin Jan. 30, though that date could be moved forward.
Published on September 14, 2005 at 12:00 pm