— Nicole Fay Barr

ALBANY — Looking down, Hashim Burnell seemed small and frightened Friday morning as he stood before a judge in the grand Albany County courtroom.

With dry eyes fixed on Burnell, Todd Pianowski’s mother and father watched as the 19-year-old pleaded not guilty to killing their son. Pianowski’s only brother, Kyle, sat silently with his parents, showing no emotion.

Burnell’s lawyer, Paul DeLorenzo, later repeated outside the courtroom what he told The Enterprise last week — that Burnell is the wrong man. He is innocent, DeLorenzo said, and has an alibi.

Albany County’s Assistant District Attorney David Rossi argues that there is evidence to prove that Burnell robbed and intentionally killed Pianowski.

Pianowski was found dead on May 5 on the floor of his Guilderland apartment, shot in the head and upper torso with a .40 caliber handgun. Guilderland Police Chief James Murley said that, at 2:30 p.m. that day, Pianowski’s girlfriend returned to the home they shared — in the 1700 Designer Apartments, at 1702 Western Ave. — and confronted the killer.
"He held a gun to her head," just before he ran out of the apartment, Murley said of Burnell.

Guilderland Police and State Troopers then launched a massive search and, after about eight hours, arrested Burnell and charged him with murder. Burnell, formerly a Guilderland resident, was an acquaintance of Pianowski.

Pianowski was a 22-year-old student at Hudson Valley Community College.

Murley told The Enterprise last week that he believes Burnell intended to shoot Pianowski and his motive "was a drug-for-money deal."

However, DeLorenzo said that the district attorney’s office is misinterpreting witness statements. He said he has evidence to convict someone else.
"We do know who did it," DeLorenzo told The Enterprise last week. "We have some good evidence that strongly indicates it was someone else." He would not reveal who that person is.

The arraignment
The ornate brass doors on the Albany County Courthouse elevator slid open Friday morning and two guards escorted Burnell out. He was wearing a baggy orange jumpsuit and orange shoes with no laces; his hands and feet were shackled.

Burnell looked at reporters and moved steadily toward the courtroom. He did not squint at the bright lights shone by television cameramen.

Pianowski’s family was already in the courtroom. They sat in wooden chairs on the right side of the room.

Burnell was the second suspect to be go before Judge Stephen W. Herrick Friday morning. After his name was called, he walked down the center aisle to the bench. He looked down and did not face Pianowski’s family. They stared, emotionless, at Burnell.

After a grand-jury hearing last Tuesday, Burnell was indicted on six counts. Assistant District Attorney Rossi read the charges to the judge Friday.

Burnell was then arraigned for one count of first-degree murder, two counts of second-degree murder, and three counts of first-degree robbery, all felonies.

Rossi explained Burnell’s charges to The Enterprise this week.

First-degree murder is intentionally killing someone in the course of committing a felony, he said. Burnell is charged with this, Rossi said, because the district attorney’s office believes he killed Pianowski while robbing him.

Second-degree murder is intentionally killing someone. One of Burnell’s second-degree counts is for this, Rossi said, and another is for felony murder, which is killing someone, intentionally or not, while robbing that person.

The district attorney’s office believes that Burnell is guilty of first-degree murder, Rossi said, but got him indicted on the other charges to give a reluctant trial jury a lesser option to convict him.

Of Burnell’s three counts of robbery, Rossi said, his first-degree charge is for forcibly stealing and causing physical injury to another person at the same time.
"He stole property from Mr. Pianowski and killed him," Rossi said. The property, he said, was marijuana and cash.

The second first-degree robbery count is for stealing and being armed with a deadly weapon, Rossi said. The third count is the same, he said, but for stealing cash and other items from Pianowski’s girlfriend.
"This doesn’t surprise us," DeLorenzo told The Enterprise this week. "This is the way most situations are handled. They try to throw as many charges out as they can and try to make one stick."

DeLorenzo believes the district attorney’s office misinterpreted witness statements to come up with the charges, both for murder and for robbery, he said.
Burnell did not commit any crime, DeLorenzo said. "I understand people make mistakes. I understand that poor girl is going through a tough time," he said of Pianowski’s girlfriend. "But, it wasn’t him; she made a mistake."

On Friday, after Rossi read the charges, Burnell and DeLorenzo whispered for a moment. Burnell then pleaded not guilty to all the charges.

Judge Herrick told Burnell that all of his rights are reserved, including the right to file a bail application.

DeLorenzo said this week that he is crafting a written application for Burnell’s bail. But, he said, there is currently a parole hold on him which means that, even if he is granted bail, he must remain in jail until the state’s Division of Parole allows him out.

Burnell spent time in prison for attempted burglary and, when released last summer, was soon arrested again in Guilderland for driving without a license, criminal impersonation, and possession of marijuana.

On Friday, the judge asked Burnell a few questions, such as his age and address. With the sounds of construction work outside echoing through an open courtroom window and Burnell’s hushed voice, Herrick and the court clerk asked Burnell a few times to repeat himself.

He looked small and thin compared to several other inmates who followed him out of the elevator and into the courtroom. He wore a yellow jail-identification bracelet that looked like a band patients wear in a hospital.

As Burnell left the courtroom, he raised his eyebrows in the direction of Pianowski’s parents. After he walked by, Patt Pianowski tilted her head back. She kept one hand on her son, Kyle’s, shoulder, as she had during the entire proceeding.

The family didn’t stay for Burnell to be escorted back to the elevator. As he walked down the cooridor, he was followed by a swarm of television news cameras. One cameraman asked Burnell if he killed Pianowski.
"No," Burnell said, before disappearing to the other side of the brass doors.
"I guess that’s his story and he’s sticking to it," Rossi told the press.