Nick is innocent, and cannot be retried. (Courtesy of HBO ). Police said they tested every person with access to the apartment, including residents and maintenance staff. Here was the thing about the investigation though: crime scene techs could come up with no forensic clues -- no fingerprints, no DNA, no tissue and no hair linking Nick to what was theorized to be a violent hands-on struggle in a small space. But I hope Im wrong about that, Garbus tells Variety. Oct. 24 marked the ninth anniversary of the murder of 12-year-old Garrett Phillips. He was 12. The original DA did not feel that she could mount a case, and Mary Rain mounting the case put them through an enormous amount of hope, and then disappointment.. There was word that several other boys were with Garrett when he died. This case is about a murdered 12 year old and the polices tunnel vision against one suspect. Let me know what you think in the comments. Hillary was confused, especially because Jones was not in his deputy uniform and he wasn't sure if Jones was there in an official capacity or not. (Courtesy of HBO ). But then when we looked at it closer. By then, the D.A. Again, I saw an abrasion, but it ankle didnt look swollen to me. Yet somehow, within hours, police. He argues he was treated differently than another suspect in the case, a deputy sheriff named John Jones. He also had deep rug burns, scratches on his face, a black eye and cauliflower ear. The police photographed the window, took fingerprints and took the blinds as evidence. Back at the crime scene, the police realized there was no forced entry, but there was an open window, with the screen cut out. "To date we do not know who murdered that 12 year-old boy," said WilliamBastuk, executive director of It Could Happen To You, a Rochester-based not-for-profit that fights to overturn wrongful convictions. Shanna testified that Hillary was home with her at the . Ive probably seen every show on this case, but for my research I watched Deadline Crime with Tamron Hall. Related stories:Nick Hillary's civil rights case, and how it links to a broader moment of reckoningJoining It Could Happen To You, the wrongful convictions groups, were local Black Lives Matter activists. Jobs People Learning Dismiss Dismiss. However, if youre innocent, why would it matter? They were biased right away. Nick said he went home after. New pieces complicate Garrett Phillips murder storyPeople in St. Lawrence County know his face: the smiling, golden-haired 12-year-old boy, Garrett Phillips. They called 911 around 5:08pm. However, Postdam is apparently really small, so if you go a different way it doesnt take long to be back where you started. [2] In March 2019, North Country Public Radio reported that Hillary had filed a lawsuit against the New York State Police, St. Lawrence prosecutors, local police, St. Lawrence County District Attorney Mary Rain, and Jones, who was a Sheriff's Deputy in St. Lawrence County. They moved in just months before Garrett died, after Cyrus and Hillary broke up. Over four hours, Garbuss Who Killed Garrett Phillips? painstakingly covers the surprising murder that rocked the small town in Northern New York in 2011. Genre: Documentary. 2023 Variety Media, LLC. At 9pm, Dateline will air The Accused, which will focus on law enforcement and community response to the horrific crime, according to Syracuse.com. For years, no one was named in Phillips' death. Chronicling the five years after the murder, the film is an eye-opening look at how justice is delivered and delayed. It was a dramatic tableau in an ornate courtroom. While there would be the occasional inconsistency in a detail someones story, be it Hillarys or Murrays or Joness which she didnt shy away from including in the final cut everyone was adamant about their beliefs. ", 24/7 coverage of breaking news and live events. On the morning of October 26, 2011, Hillary, then a soccer coach in Potsdam, was summoned to the Potsdam police station. Murray said the window screen was forced out, with just enough space to fit a body through. Police collected fingerprints from the window; they are not Hillary's and have never been identified, Murray said. It wasnt until later that Cyrus was finally informed that her son was strangled to death. Oral Nick Hillary stands outside the St. Lawrence County Courthouse Wednesday in Canton during a press conference after he was found not guilty of murdering Garrett Phillips. Residents of upstate New York, where Phillips was killed, are reportedly split between those who believe in Hillarys guilt and those who believe in his innocence. For an optimal experience visit our site on another browser. But Hillary and a vocal group of supporters say that he has been wrongfully accused. Is Nick guilty or innocent? Privacy Policy. The latest events in the case come as Oral "Nick" Hillary, who was found not guilty of the murder, is suing Potsdam and St. Lawrence County police, claiming he was unfairly accused because he is Black. Garretts mother, Tandy Cyrus, has said that her son was a gregarious boy who had absolutely no fear. Advocates for the wrongfully accused are trying to draw new attention to the murder of Garrett Phillips in Potsdam nine years ago. A 'Justice for Garrett' sign is pictured in an undated photo. Dismiss. "I think about him every day. I thought this was interesting, but I dont see it as anything other than he didnt want them to have his DNA. For years, no one was named in Phillips death. M3GAN Is Finally Available To Stream After The Kids Go To Bed, 'Guillermo del Toro's Pinocchio' Puts A Dark Twist On The Classic Disney Tale, 'Puss In Boots: The Last Wish' Is So Fun, But Gets Way Darker Than You Expect, Everything You Need To Know To Watch 'Puss In Boots: The Last Wish', What Parents Are Talking About Delivered Straight To Your Inbox, By subscribing to this BDG newsletter, you agree to our. ", Shortly after he took office in 2018, the new St. Lawrence County D.A., Gary Pasqua, told NCPR he wanted to conduct his own review. When the police arrived on the scene, Phillips was still breathing. 24. Just to say, I tried. The DNA was ruled immiscible, and the case was based on circumstantial evidence. By the time Liz Garbus's two-part documentary "Who Killed Garrett Phillips?" debuts on HBO, there could be a new public lead in the case of the murdered titular 12-year-old. A deputy sheriff as a suspect who also helps the investigation. Rain, who was elected on her promise to crack Garretts case, saw her law license suspended for two years for misconduct, which included hiding potentially exculpatory evidence from the coachs defense team. The accused was Nick Hillary, 37 years old at the time of the boy's death. "Theyre able to benefit from the mistakes that they learned. It's simple.. Starting with talking heads with the neighbors who first called 9-1-1 after hearing a crash and ominous moaning coming from inside the Phillips apartment, Garbus takes her audience back to Phillips last moments and then expands the story to include similar interviews with police and journalists alike who investigated the crime, as well as the former district attorney who pushed for an arrest, Phillips uncle Brian, and the man who stood trial for the crime (Hillary). His mother's ex-boyfriend, Nick Hillary, was found not guilty of the murder just over two years ago in a. said he had gone through the case files himself. Turn on desktop notifications for breaking stories about interest? Garrett and Aaron's school schedules were on the fridge and family portraits were on the wall. Now, she hopes her doc will put similar pressure on the story so that maybe her titular question can finally be answered. A silent picture of a kid on a skateboard moves into the frame from lower right, sails past for about 16-seconds and exits frame left. When he entered, he found an adolescent boy, just around the corner, lying on his back in the master bedroom, with his head facing the door. Aug 17, 2020 Advocates for the wrongfully accused are trying to draw new attention to the murder of Garrett Phillips in Potsdam nine years ago. This case is currently still unsolved after a not guilty verdict. Her father said Ill be right back through the door, and when she got out of the shower 20 minutes later, her father was home. We reached out to Murray this winter ask how hes handling the investigation, but he declined to comment. After Nick was done smoking, he kept the butts in his pocket and even put one in the drain. Now, it looks like as if the case is not over after all not since new information made its way to police. At that point "we weren't sure what we had," Murray told "20/20." This led to Hillarys arrest, which satisfied Brian Phillips, who still passionately professes his belief that Hillary is guilty in Garbus doc. That trial could begin later this fall. If there's been an acquittal, Trainum said, thats all the more reason for investigators to take a step back and consider how the case unfolded. "And so, whos going to challenge him?". Photo: David Sommerstein, D.A. Before he spoke with NCPR, Trainum reviewed press clippings and media coverage to familiarize himself with the Garrett Phillips case. Director Jesse Quackenbush, a man from Albany, New York who graduated from the University of Houston Law School in 1987 and, that year, moved to Amarillo, made the documentary The Last Word which argues that Garrett was in fact innocent of the crime. The boy in the security video was 12-year-old Garrett Phillips. There was another former flame of his mother Tandy Cyrus a local sheriffs deputy against whom she had previously filed a complaint saying he made her fear for the safety of myself and my sons.. A lot of people discredit The Choke Out Theory, but after digging in to find something else other than tips called into the Potsdam Police Department I have tracked down this article that the DA's office has been looking into. His neighbours turned against the proud father, and he was soon fired from his job back in 2011. "The district attorneys office, the police, and the sheriffs department refuse to get to the bottom of things and basically have swept this investigation under the rug.". The last time Phillips was seen alive was on school surveillance footage, in which he's seen making his way home on a Riptide skateboard. That's a remarkable jump from the window.". The DA says an investigation is ongoing, but its hard to know if police are taking the new information seriously. Trainum is part of a growing movement that encourages police and prosecutors to check their work with these reviews. Per The Daily Beast, Jones was involved in the immediate aftermath of Phillips' death; he went with Phillips' mother to police interviews and called dispatchers to get information on what was going on. But his involvement with Hillary's case isn't over, even though Hillary was acquitted in 2016, according to The New York Times. The altercation made him fearful for himself and his family, NNY 360 reported. The only real signs of struggle was his sweatshirt laying in the hallway and his physical body.". From Emmy (R) winner Liz Garbus comes this riveting documentary that examines the 2011 murder of 12-year-old Garrett Phillips and the subsequent trial of Clarkson University soccer coach Oral "Nick" Hillary. 2. The apartment is on the second floor of the roughly 100-year-old building, Murray said. Soon afterwards, a neighbor in Garretts apartment building heard strange noises and called 911. 23, with Part 2 following the next night on Jul. Murray and another officer, Gary Snell (who Garbus notes declined to be interviewed for the doc), interrogated Hillary after conducting a joint interview with Phillips mother Tandy and John Jones, who was not only her ex-boyfriend but also a sheriffs deputy at the time of the crime, and later briefly brought under suspicion because he was seen on tape by Phillips just before the murder. It was almost Halloween, a rainy late Monday afternoon in Potsdam, NY, when a security camera high atop a high school recorded a video that still makes the hair on your neck stand-up. Just like his father, spitting image of my brother, a heck of a little athlete. Garrett, 12, was found strangled in his empty home on October 24, 2011, with no witnesses reporting seeing the killer enter or exit the second-floor apartment. How are police handling new leads in the Garrett Phillips case? But despite being a free man, it seems Hillary is still struggling to clear his name in his community. His backpack was taken off. The police found Garrett laying motionless. Though the crime happened almost five years ago, the whodunit of it all has consumed this quiet area. For five years my family and I have been livin underneath this cloud, said Nick. Phillips also knows that the former DA, Mary Rain, had her law license suspended last summer. Phillips was convinced police had the right suspect, but he felt it was time to move on and it became clear that law enforcement wanted to move on, too. No prints or hairs from the scene matched the police's suspect, Hillary. If Carranza, the dude changing a tire at 100 Market, saw a black man in the window, could it have been Amos? We were fascinated by the legal intricacies, the nuances of the case, and picturesque Potsdam, a river town so far upstate New York the closest big city is in Canada. The judge dismissed most of the claims, but some are still ongoing. He died at the hospital that night. "Nothing in the living room area was out of place," Murray said. Though the crime happened almost five years ago, the whodunit of it all has consumed this quiet area. The victim, Garrett Phillips, was only 12 years old. But hes also said recent new leads have gone nowhere. His mother's ex-boyfriend, Nick Hillary, was found not guilty of the murder just over two years ago in a. Clearly, the film won't be . Despite having only circumstantial evidence, the D.A. Theyre calling for the state Attorney General to appoint a special prosecutor to investigate the 12 year-old boys death. A security camera recorded Garrett skating home from an afternoon of basketball with his school pals just before 5 p.m. Photo: Julie Grant, St. Lawrence County DA Mary Rain at a press conference after the trial in 2016. The HBO documentary is likely the best place to get an update on Jones. Cyrus did not want to participate. 0. But their approaches to parenting seemed very different. The big question now is how law enforcements following up. Jones essentially told the players . He said he had gotten it a week ago from moving furniture. He has maintained his innocence since day one telling Elizabeth Vargas, I have absolutely nothing to do with what has happened to Garrett. On the last day of his life, he went home after school and was home alone where he should have been safe, but apparently wasnt. Vogel called the police to tell them what shed heard, and police arrived at the apartment less than ten minutes later. According to Grantland, Officer Mark Wentworth investigated the apartment at 100 Market Street. Its no secret how police usually do their work. Phillips refused to make an example out of anyone. The Murder of Garrett Phillips: 5 Fast Facts You Need to Know, Copyright 2023 Heavy, Inc. All rights reserved. Where was he on the day of the murder? In the wake of the shocking murder of the boy -- in the very early hours of the investigation -- Tandy and her family believed that Nick Hillary was the likely killer. "He was a kid he was a 12-year-old kid. The current district attorney, Gary Pasqua, has given Potsdam Police, now headed by Murray, new information pointing to a different suspect. "It's very frustrating," he told "20/20." Director Liz Garbus is pictured in an undated photo. And Nick doesnt have any of that right now. 1.) Garrett was taken to the local hospital where he was declared dead later that night. Fourteen at the time of the murder, she was one of his two alibi witnesses. Following this, Hillary was then indicted for murder in the second degree, spending 70 days in prison before he was released on bail. Despite housing crisis, there's pushback against development, Rochester man dies in snowmobile crash on the Tug Hill, Hochul wants to tie the minimum wage to inflation. Dismiss. Hillary is now a free man, and he cannot be retried. After first reading about the case in a New York Times article, Garbus recalls being struck by the thematic issues and concerns that, I think, are ones that spoke to larger systemic problems. 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