Opening remarks and testimony from witnesses began for The People of the State of New York v. Brian T. Shaw Tuesday morning. Shaw, a former Syracuse University student, was charged with second-degree murder for allegedly killing Chiarra Seals, the mother of his daughter, and endangering a child in March 2005. He has pled not guilty to these charges.

Shaw’s mother Celeste, relatives of Seals and other close family friends were in attendance Tuesday.

Shaw’s family and friends sat on the defense side of the courtroom, leaning forward in the benches and holding their heads in their hands as the trial went on. Relatives of Seals sat on the opposite side, carrying around pocket packs of tissues throughout the courthouse.

A jury was chosen Monday, comprised of seven white males, four white and three black females. Judge Joseph E. Fahey presided over the day’s proceedings.

Assistant District Attorney Michael Spano began the opening remarks for the prosecution. He said his intent is to prove on March 23, 2005, Shaw intentionally ‘murdered’ Seals in her home, removed her body from her apartment and attempted to cover up his actions.

‘Brian Shaw wrapped something around her neck. He wrapped a cord around her neck and strangled her to death,’ Spano said. ‘He began a systematic attempt to cover up the murder, to get away with it.’

Thomas Ryan, Shaw’s defense attorney, opened his statement by saying, ‘I’m glad we live in a country where a prosecutor’s opening remarks doesn’t get someone convicted.’

Spano said both of Seals’ children, Essence, 4, who is Shaw’s daughter, and Omari, 18 months, were home at the time of Shaw and Seals’ interaction on March 23. He said when Shaw was brought in to the Syracuse Police station for questioning, Shaw presented four different accounts to three different sets of detectives.

Spano said Shaw initially told police he took the James Street bus to Seals’ apartment at 160 Jasper St. to give Seals money for Essence’s Easter shoes. Shaw said Seals asked him to have sexual intercourse with her, but he declined and went to his 6 p.m. SU class.

In the second round of Shaw’s interrogation, Spano said Shaw admitted he had not taken the bus to Seals’ home, but in fact borrowed a car from one of his Sigma Phi Epsilon fraternity brothers.

But then, in Shaw’s third version of the day’s events, he and Seals began engaging in sexual intercourse, when Shaw decided to stop, Spano said. Shaw told police Seals became very upset when he ended the encounter, pushing her away from him. Shaw added Seals may have hit her head in the scuffle as he left the room.

Then, Spano said, Shaw admitted he locked himself out of the house and had to break back in so he could carry Seals, wrapped in sheets, out to his car. Shaw then told police he drove to his home on Columbus Avenue.

When police asked Shaw if he was aware of Seals’ state of health at the time he placed her in the car, he responded, ‘I saw her arm move.’ Police asked him if he knew where Seals was at the time of the third round of interrogation. Spano said Shaw replied, ‘Nope.’

Spano said around 5 a.m. another set of detectives attempted to interrogate Shaw, but Shaw requested all of the detectives who had questioned him that evening come into the room, including two officers Shaw referenced by the names ”Dipsy’ and ‘Dewey.” The initial pair of detectives did not return to the room.

‘I want to tell everyone,’ Shaw said, according to Spano.

In his final account of the story, Shaw and Seals began sexual intercourse when Shaw decided to stop, Spano said.

‘She went crazy,’ Shaw said, according to Spano. ‘She ripped my shirt. I threw her down and then I don’t remember.’

Spano said Shaw then told officers he moved his car around to the back of the residence.

A move, Spano said, illustrated Shaw was conscious of his actions. ‘He’s thinking rationally, isn’t he?’ Spano said.

Shaw then wrapped Seals’ body in a sheet and carried her out to the car, Spano said. Then he drove the car to his residence on Columbus Avenue, where he laid Seals’ body on the garage floor while he retrieved a suitcase from the house to conceal the body.

‘That’s what he does with the mother of his child – he puts her on the floor of the garage,’ Spano said.

The defendant then attended his 6 p.m. class at SU, where Spano claims Shaw was flirting with a woman named Rachel through text messages.

After class, Spano said, Shaw then told police he disposed of the suitcase behind a detached garage on Avondale Place and proceeded to go home and take a shower.

At this time, Spano said Shaw’s roommates had discovered Seals was missing and knocked on the bathroom door to ask Shaw if he had heard anything.

‘By this time, his roommates notice he’s acting a little strange,’ Spano said.

Spano also said Shaw acted surprised when he heard Seals was missing and then called Seals’ phone and left a voicemail.

He concluded his opening remarks by promising evidence and testimony to prove Shaw’s guilt.

Defense Attorney Ryan took just a few minutes, arguing Spano only stated information based on what others have told him.

Ryan reminded the jury several times the defendant is innocent until proven guilty and urged them to ‘pay close attention to what the evidence shows and what it doesn’t show.’

‘Mr. Spano is not a witness in this case,’ Ryan said.

PROFESSIONAL TESTIMONY

The prosecution’s first witness was one of the first two officers to respond to the scene at Jasper Street.

Michael Bates, a patrol officer with the Syracuse Police Department, said he and his partner received the call around 5 p.m. on March 23.

When Bates and his partner arrived at the multi-unit complex, they noticed the back door, which led to apartments 4, 5 and 6, was open, appeared to have been kicked in and was also damaged.

Upon entering the building, Bates said he and his partner met a tenant living upstairs who led them into Seals’ apartment.

Bates opened the door to apartment 4 to find Essence and Omari alone. His partner checked the house for any other occupants while Bates said he began to speak to Essence.

Spano asked Bates to detail what happened next, but Ryan objected to Bates discussing the comments made to him by Essence on grounds of hearsay. Fahey granted the objection to the defense.

Bates said based on his conversation with Essence he began searching the house for an address book or phone numbers. While searching on top of the refrigerator, Bates said he discovered a photograph of Essence playing with a young adult, black male that had the name of the photographer on it.

Then, he said he noticed the oven was on and a pot pie was baking. Bates said he turned the oven off and removed the food. He also said the upstairs tenant gave him Seals’ cell phone and Bates called someone from the contact list to determine Seals’ location.

John Serrao, an officer with the Syracuse Police Crime Scene Unit and an evidence technician then was called to the stand. Spano asked Serrao to identify Exhibit 8, a large, black, rolling suitcase as the one Seals’ body was found in on Avondale Place. Serrao confirmed it was in fact the same piece of luggage recovered from the scene.

Spano next called Dr. Robert Stoppacher, the deputy chief medical examiner with the Onondaga County Medical Examiner’s Office.

Stoppacher said his initial evaluation at the scene revealed Seals was naked except for a bra and spaghetti-strap tank top, and noted scrapes, scratches and bruises on the upper half of her body.

Later that afternoon at the medical examiner’s facilities, Stoppacher discovered burst blood vessels in the whites of Seals’ eyes, which he said indicates increased pressure on her neck. He also noted Seals’ body was ‘cold’ due to her blood beginning to settle in her body.

He also said her neck was almost completely encircled by marks that varied in length, in addition to marks in other places on her chest and forehead, which he thought were a result of her struggle to remove whatever was applying pressure to her neck. She also had bruises on her shoulders and on her upper right arm.

Stoppacher’s internal exam revealed a fractured bone and hemorrhaging in the muscles in the front of Seals’ neck. He also said a person loses consciousness with such an injury before dying.

Before breaking for lunch, Shaw looked back at his mother and other family members and began to cry. Shaw and his mother made eye contact and both continued to tear up.

After a lunch break, Stoppacher discussed the results of the toxicology report, which showed marijuana and ibuprofen in Seals’ bloodstream.

Spano had Stoppacher confirm observations of all of his photos, including Exhibit 9, Seals’ body as found in the suitcase on Avondale Place.

Backyard views

Spano then called Mike Margolius, a 2005 SU graduate and Sigma Phi Epsilon fraternity brother with Shaw.

Margolius said after he and another roommate returned to the home they shared with Shaw on Columbus Avenue around 5 p.m., they noticed a friend’s car parked in the rear parking lot of the house.

He said his other roommate spoke briefly with Shaw while Margolius sat on the couch in the living room. About 20 minutes later, Margolius said he noticed a large, black, rolling suitcase sitting outside Shaw’s bedroom.

Margolius first thought the suitcase was his because he owns an identical one. Once he realized this was not the case, Margolius jokingly asked if Shaw was planning on moving out.

Shaw replied he was just doing some cleaning.

Defense Attorney Ryan asked Margolius why he would think Shaw would consider moving out, suggesting if it had anything to do with Shaw being a ‘neat freak.’

Shaw’s mother Celeste chuckled at this idea, and Margolius said both men were concerned with cleanliness and all roommates had their differences.

Later that evening, Margolius said Shaw was near the garage in the rear of the backyard with a blue pail and a blanket. Margolius asked Shaw what he had done that day.

Margolius said Shaw replied, ‘I stole a bike today.’

Around 9:30 p.m. Margolius said things became awkward among the roommates once it was discovered Seals was missing and detectives had found a picture of Shaw in Seals’ home.

Margolius said the white Nissan Sentra with Florida license plates he had seen in the parking lot belonged to friend Matt Berkowitz, who testified next for the prosecution.

Berkowitz said Shaw asked to borrow his car to ‘get some books.’

When Shaw returned the car after 5 p.m., Berkowitz said Shaw asked how a test Berkowitz had that day was.

After Berkowitz spoke, Spano called Joan Myers, a resident of 309 Beecher St. and a backyard neighbor of Seals, to testify.

Myers said when she returned home early from work on March 23, she saw a white car with the front and back driver-side doors open in the parking lot of 160 Jasper St. from her kitchen window.

She said she saw a man carry something out of the house and place it in the car.

Edward Warren, who lives with Myers, said he also saw a white vehicle in the lot of the Jasper Street residence when he was contemplating taking his dogs out.

‘I’ve seen white cars in the parking lot before,’ he said. ‘So it wasn’t strange.’

Antonio Mazza, a co-landlord of 160 Jasper St., testified he was at the residence on March 23 to assess a damaged door lock. He discovered Essence and Omari home alone in apartment 4 when Essence emerged from the residence. He said he told Essence to go back in the house, and then had the other landlord call the police.

Officer Robert Newman was the last to testify on Tuesday, confirming photographs he had taken on March 24 of scratches on Shaw’s neck.

The trial resumes today at 9 a.m. with more prosecuting witnesses. There are 10 remaining witnesses for the prosecution.

Published on January 31, 2006 at 12:00 pm