Part of the opening statements made by Defense Attorney Thomas Ryan included the argument that Brian T. Shaw, a former Syracuse University student, suffered from a mental condition, which may have led to the alleged events of March 23, 2005.

Shaw, who is accused of allegedly murdering Chiarra Seals, the mother of his 4-year-old daughter, was a fifth-year senior, member of the cheerleading squad and a brother in the Sigma Phi Epsilon fraternity.

Minutes before opening statements began Tuesday morning, a juror attempted to abandon his duties to the state of New York, saying he didn’t feel he could accurately assess Shaw’s mental state.

The juror told Judge Joseph E. Fahey he would be guarded in judging the validity of arguments suggesting Shaw suffered from mental fatigue, but was denied his request to be excused from duty.

In his opening statement to the jury, Ryan said Shaw may suffer from a mental health disorder due to, ‘… the physical, emotional and financial abuse that (Chiarra Seals) placed on him until March 23.’

Ryan said Shaw had no knowledge he had a daughter until she was 2 years old; then he was faced with the responsibility of providing child support.

‘He did what he could to take this in stride,’ Ryan said.

But Ryan went on to say Shaw couldn’t handle the pressure that was being put on him.

‘He became overwhelmed by emotions and lost his self-control,’ Ryan said.

Two of Shaw’s friends testified about the defendant’s character, financial situation and relationship with his daughter.

Mike Margolius, a 2005 SU graduate, described his former roommate as a ‘great guy’ and a ‘nice kid.’ Margolius said Shaw did, however, have a lot on his plate.

‘Brian was always on the go, always busy,’ he said. ‘I didn’t know the specifics.’

The 4-year-old girl, Essence, used to spend some time at the apartment Margolius shared with Shaw. Essence often toted markers and paper around when she visited, and Margolius recalled a time when Shaw bought a toy for the girl.

‘I knew he loved his daughter,’ Margolius said of Shaw.

During Margolius’ cross-examination period, Ryan asked him if Essence was ever a burden to Shaw.

‘Sometimes,’ Margolius replied. ‘There were some times when he treated Essence like a burden.’

While Margolius said he and Shaw didn’t discuss financial matters, he had an idea Shaw was struggling to keep up.

‘I knew he was working hard,’ he said. ‘I surmised that it was tough.’

Ryan asked Margolius if he kept other personal things to himself, since Shaw didn’t share information regarding finances.

‘Everybody does,’ Margolius replied.

Another friend, Matthew Berkowitz, also observed Shaw and his daughter on several occasions, both at Shaw’s residence on Columbus Avenue and at the Sigma Phi Epsilon fraternity house on Comstock Avenue.

‘He seemed like a very loving father,’ Berkowitz said.

Berkowitz did say there were issues within the fraternity house because Shaw couldn’t pay his membership dues.

‘We all knew he had some money problems,’ he said. ‘It’s not really something we all sat down and got into.’

Berkowitz said the organization discounted Shaw’s dues while brothers chipped in and helped Shaw pay the dues.

The trial and testimonies from other witnesses continue today at 9 a.m. at the Onondaga County Courthouse.

Published on January 31, 2006 at 12:00 pm