Student arraigned on murder charge

Brian T. Shaw, facing a charge of second-degree murder for the death of his child's mother, pled not guilty to the charge during his arraignment Friday afternoon. The case will now be sent to a grand jury.

Judge Jeffery R. Merrill said he could not set bail for Shaw at his level of the judicial process due to the crime's seriousness. Tom Ryan, Shaw's defense attorney, also waived a pre-trial hearing as he awaits police reports and an autopsy of the victim, 23-year-old Chiarra Seals.

Shaw did not speak during the arraignment, the second of the day after a first attempt at 10 a.m. was delayed by Judge Langston C. McKinney. McKinney said he needed more time to review the materials before he could continue with arraignment proceedings. During the morning hearing, McKinney set $1,000 cash bail for an outstanding traffic warrant resulting from Shaw's failure to appear in court to face charges for a September 2003 infraction.

Merrill presided over the second arraignment after McKinney received an e-mail at about 12:30 p.m. relieving him from the remainder of his four-week term of arraignment duty, which was due to end Sunday.

Onondaga County District Attorney William Fitzpatrick was visibly upset about some of the questions asked during a meeting with lawyers before the morning arraignment.

"I have never had a felony complaint challenged, never mind had a judge tell me to come back at 2 p.m. and decide if it is a murder or just an ass-whoppin'," Fitzpatrick said.

Fitzpatrick had originally taken the day off, but felt his staff and the situation warranted a trip to the courthouse after hearing from Assistant District Attorney Pat Quinn, the man prosecuting the case, about the morning meeting with McKinney. He arrived at the court wearing a blazer and an SU men's basketball 2003 national championship polo shirt.

"I had an in-chambers meeting with the lawyers and thought that everything would be ironed out," McKinney said in response to his removal from the case. "I was literally blindsided."

During the first arraignment Shaw immediately began to mouth a message to his family and welled up with tears.

"Are you Brian Shaw?" McKinney asked.

"Yes," Shaw responded, with his head hung and barely audible voice cracking.

During the second arraignment Shaw again mouthed something to his family and friends, but this time appeared more composed.

Both of the victim's children were in attendance with aunt Janet Phillips. The 4-year-old, Shaw's daughter, was wearing a black and pink jacket, while her 17-month-old half-brother, who was not fathered by Shaw, rested next to her wrapped in a blanket.

Shaw is accused of killing Seals Wednesday evening at her Jasper Street home and then attempting to conceal the body on Avondale Place, a few blocks from his Columbus Avenue home. He is currently a Syracuse University senior enrolled through University College and is a member of the SU cheerleading squad. He is also a brother of the Sigma Phi Epsilon fraternity, of which some members attended the 10 a.m. arraignment along with about 50 others. The afternoon hearing was attended by a similar number of people.

"I've never seen him before, so I wanted to see him," Phillips said.

The main thoughts of the family now are of the two children, Phillips said.

Darlene Reese, who along with her daughter said they have known Shaw since second grade, expressed continued shock that the mild-mannered boy they came to love would soon be on trial for murder.

"Everyone that knows him is devastated," she said.

Shaw's mother, who did not speak to the press, left the courtroom surrounded by family, and shielded her face by pressing it into the back of one of the Sigma Phi Epsilon brothers, who held her hand over her shoulder during the hearing.

"(Shaw's) family is going through a loss too," Phillips said. "Both families are grieving."

UPDATES FROM POLICE

Police released the official cause of the death of Chiarra Seals on Friday afternoon.

The autopsy concluded the cause of death was strangulation by a rope or cord, said Sgt. Tom Connellan of the Syracuse Police Department. She also suffered cuts and bruises.

The police are currently trying to determine whether Shaw was an invited guest in Seals' home.

"This could've been a burglary," Connellan said. "There was evidence of a forced entry." Connellan said Seals' and Shaw's 4-year-old daughter told police she saw Shaw kick in the door.

A back door to Seals' home at 160 Jasper St. showed signs of forced entry. The police do not believe anything was taken from the home except for Seals' body, Connellan said.

Shaw could face charges of murder in the first degree if he is connected to a burglary. First-degree murder is punishable by 25 years to life without parole.

Seals disappeared from her home Wednesday evening, leaving her daughter and 17-month-old son alone. Her body was discovered Thursday morning in a suitcase behind the garage of 112 Avondale Place.

There is no connection between Shaw and the Avondale Place home, Connellan said.

"He just started carrying her and looked for a dark place to dump the body," Connellan said.

There is no record of domestic disputes between Shaw and Seals, though there may be some of disputes between Seals and another individual, Connellan said. Shaw has no previous record with the police.

THE ARREST

Syracuse police were called to Seals' home at 160 Jasper St. after a neighbor noticed a suspicious vehicle parked in the driveway, Syracuse Deputy Police Chief Gary Miguel said at a Thursday afternoon news conference. Police entered the home and found Seals' 17-month-old and 4-year-old children alone in the house, Miguel said.

The 4-year-old girl told police her "daddy," whom she referred to as Brian, had come to the house and had a physical fight with Seals in Seals' bedroom, Miguel said. The 4-year-old said that the man later exited the bedroom carrying Seals in a bed sheet, Miguel said.

Thomas Seals offers a different account of the early events that led to police arrival on the scene.

Thomas Seals, who is Chiarra Seals' great-uncle and the Syracuse common councilor for the university and downtown area, said he was leaving his home Wednesday night around 7:30 p.m. when he received a phone call from Chiarra Seals' aunt saying she was missing.

A tenant who lives in the apartment upstairs from Chiarra Seals came home to find the rear door leading to a common hallway open, which Thomas Seals said the tenant found unusual. He said the door appeared to be forced open and that the tenant called the building's landlord.

Thomas Seals said the landlord arrived and saw that Chiarra Seals was not home and that her two children were alone at the residence. The landlord then called the police, Thomas Seals said.

Sgt. Tom Connellan of the Syracuse police said both children are safe in the custody of the victim's family. Thomas Seals said they are staying with Chiarra Seals' paternal grandmother.

Police found Seals' cell phone with Shaw's name in the contacts list in Seals' home. They also found a photograph in Seals' home with a caption saying it was taken by an SU student. Police called the student, who said he was a friend of Shaw.

Syracuse police started to track down Shaw, but he had already contacted police by that time after the friend who took the photograph told him police were looking for him, Miguel said.

Shaw was brought into the police station, where he admitted to being at Seals' residence Wednesday evening but initially denied having a fight with her, Miguel said. After further interrogation, Shaw offered an oral confession to police that he killed Seals, Miguel said.

Shaw told police that he went to Seals' house Wednesday night and had a fight with her, Miguel said. Shaw did not say how she died, but he said when he left Seals' house with her body she was unconscious, Miguel said.