Prosecutors in the case against Brian T. Shaw, the former Syracuse University student charged with murder, will push for a sentence of 22 years to life in prison as the defense seeks to reduce the charges to manslaughter.

At the pretrial hearing for Shaw’s case on June 30, Chief Assistant District Attorney Pat Quinn was asked by the judge what sentencing the prosecution would seek. The defense was also informed that Shaw would receive no worse than the 22 years to life sentence if he were to plead guilty before a trial starts, Quinn said.

After the recommendation for 22 years to life in prison was made, Shaw’s defense attorney Tom Ryan told the judge that he would seek to change the charges to manslaughter, a crime in which Shaw would only receive 12.5 to 25 years in prison if convicted, Quinn said.

The death penalty was determined unconstitutional by New York state courts last year, and the prosecution will not recommend any sentence worse than life in prison, Quinn said.

Shaw was charged with the murder of Chiarra Seals, 23, the mother of his 4-year-old daughter, and endangerment of a child at his arraignment on June 23. He pled not guilty to both charges.

Ryan would not comment as to why the defense now seeks to change the charge against Shaw from murder to manslaughter, only saying there are ‘a couple of alternative theories’ the defense could use.

Quinn said he is not sure what the defense will use in its case for the manslaughter charge other than self-defense.

Ryan is expected to file motions on Aug. 11, after which the judge will set a suppression hearing for two weeks later. The earliest a trial could start will be at the end of September, Quinn said.

Ryan said one of the motions he plans to file on Aug. 11 will be for the courts to determine whether or not Shaw made any oral statements to police the night of Seals’ death, including the oral confession police said he made, and if so, the validity of those statements.

Quinn said Shaw’s oral confession should remain valid.

‘I’m comfortable it’ll stay, but it’s up to the judge,’ he said.

Ryan is currently reviewing the evidence against Shaw that the DA’s office has provided him, including photos and police reports. Based on this, the defense will file its motions, he said.

Ryan said he might also request that not all the evidence be brought before a jury during Shaw’s trial.

‘There may be some other motions depending on the review of the photos and other physical evidence that will address other legal issues as well, such as what will be appropriate to be brought in front of a jury,’ Ryan said. ‘We may (make motions) to limit or exclude those things.’

In the time before motions are filed, Quinn said he would continue to share information with Ryan.

‘The ball’s in their court. It’s moving along. Things don’t go quickly, but we’re working on it,’ Quinn said.

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Published on July 6, 2005 at 12:00 pm