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Date: 3/1/2023
SPRINGFIELD — Nearly five years after the wife of a former Westfield police detective was allegedly shot and killed by her husband, his first-degree murder trial began Feb. 21 in Hampden County Superior Court.
Brian Fanion, 59, has been accused of killing his wife Amy, who was 51 at the time, on May 8, 2018, in their home on North Road in the Wyben community of Westfield.
Investigators initially believed Amy took her own life just past noon that day, after an argument between the two over his impending retirement from the Westfield Police Department, where he had served for 34 years.
However, as investigators began examining the fatal gunshot wound, they came to believe that Brian had pulled the trigger, based not only on forensic evidence, but after discovering that he was having an affair.
Digging deeper, investigators found searches on the internet he conducted on a Westfield Police Department computer about what would happen to his pension if he divorced his wife, collection of gunshot residue, available apartments, ways to make a murder look like a suicide, how to permanently delete text messages off a cell phone and common household cleaners on which people could overdose.
It took two and a half days for Hampden County Assistant District Attorney Mary Sandstrom and Brian Fanion’s defense attorney, Jeffery Brown, to agree on the 12 jurors and four alternates. The group includes nine men and seven women.
During motions argued before Superior Court Judge Jane Mulqueen before jury selection began, Sandstrom told the court the state would be calling more than 200 witnesses. Mulqueen said the trial was expected to last at least until March 10.
Just before noon on Feb. 23, Sandstrom began the state’s case against Brian Fanion with an opening statement.
“Brian Fanion shot and killed his wife Amy. She was the only thing standing between him and the rest of his life,” Sandstrom said while pointing to Brian Fanion, who was seated beside Brown.
To hammer home that point, Sandstrom read a few of the text messages retrieved from Brian’s phone that she said were addressed to his girlfriend, Corrine Knowles, including one from April 20, 2018, only 19 days before Amy Fanion’s death: “Hope and pray we can be together forever.”
She also told jurors about the internet searches, most of which occurred in April 2018, with the last one on May 7, 2018, the day before her death — how to remove messages from a cell phone.
“He was preparing himself for an investigation,” Sandstrom said.
She also recounted moments before and after Amy Fanion was shot.
Sandstrom said Brian and Amy had been arguing just before the shooting. Then, at about noon, Brian came home for lunch where the argument continued, excused himself to go to the bathroom leaving his .45 caliber service weapon only feet from the dining room table where the two always had lunch, she said.
Sandstrom then said Brian told investigators that as he came out of the bathroom, Amy said to him, “it’s obvious you don’t need me around anymore” and took her own life..
“In nine minutes she went from making a sandwich to taking her own life,” Sandstrom said.
She also said investigators could not find any evidence that Amy Fanion had fired the gun.
“Everything was supposed to be in her hair,” Sandstrom said, referring to gunshot residue, soot and stippling.
When Brian’s attorney Brown opened his defense, he rebutted several of the issues raised by Sandstrom.
But first, he told the jury: “Brian Fanion may not be perfect, but he did not shoot his wife Amy.”
Brown acknowledged that Brian and Knowles had a relationship, but downplayed its significance, telling the jury the two only saw each other in person twice before Amy was shot.
He also said Amy had issues with anger, despite the quiet demeanor she showed in public.
He also pointed out that Brian readily supplied investigators information when asked, despite its focus on him.
Brown also addressed forensic evidence, countering the state’s claim that there should have been gunshot residue, soot and stippling in or around the wound on the right side of Amy’s head. He said Amy had very thick hair and that he planned to call ballistics experts who will testify that thick hair can prevent the “deposition” of residue, soot and stippling.
Brown will also challenge decisions made by the state to go forward with the prosecution of Brian Fanion given the forensic evidence.
“Brian Fanion did not shoot Amy … [he] is innocent. The evidence will show that,” Brown said.
After opening statements, Amy Fanion’s sister Anna Hansen testified as a prosecution witness.
She told the jury she had known Brian since she was 13, and believed that the Fanions had a “dream marriage,” but while she once “ador[ed]” Brian, she learned later he was not the person she thought he was.
This came after she learned about Brian’s relationship with Knowles.
Anna Hansen also testified that Brian told her privately that he and Amy were arguing just prior to the shooting.
Other witnesses to be called include several members of the Fanion family and members of the Westfield Police Department.