After it ended in an acquittal, Phillips said he had to draw back. The cops checked out the alibis of the significant men in Tandy's life, including a sheriff's deputy, but they seemed to always have their sights on Hillary. Trainum is part of a growing movement that encourages police and prosecutors to check their work with these reviews. There were people outside changing a tire, but they only reported hearing the window screen being pushed out, Murray said. The new DA made the case her central mission and finally got a grand Jury to indict Nick Hillary. They also knocked on the door and said they heard footsteps coming from inside the apartment. 23, with Part 2 following the next night on Jul. But where was the evidence to put before a jury? According to North Country Now, that includes civil actions filed against DA Rain and Jones. 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. Hillary still swears by his innocence, while the cops and prosecutor reiterate that Hillary was the only person who could have done this and had opportunity in their minds.. After all, she notes, the Justice for Garrett campaign became Get Nick Hillary. They were always, always intertwined. 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. In an unusual case, there was another twist. Genre: Documentary. His mother's ex-boyfriend, Nick Hillary, was found not guilty of the murder just over two years ago in a. "It's a very busy street. It suggests that a kid named Brandon who lived next door gave two different statements about his whereabouts. 23, with Part 2 following the next night on Jul. Ive probably seen every show on this case, but for my research I watched Deadline Crime with Tamron Hall. 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. Tonight, ABC News and Dateline will both investigate the 2011 murder of Garrett Phillips. Oral "Nick" Hillary still coaches soccer. Nick was the head soccer coach at Clarkston University, and had played there himself. For more information, please see our His mothers ex-boyfriend, Nick Hillary, was found not guilty of the murder just over two years ago in a trial that captivated the region. When the police arrived on the scene, Phillips was still breathing. Garbus credits the dogged local reporters who wouldnt let up on the case for bringing it to the larger attention, including her own. For years, no one was named in Phillips death. So we had intelligent people, people with a lot of power working to deny him of his freedom, knowing that hes innocent., Teacher who misgendered trans pupil 'was acting like a preacher', Teacher sacked for restraining 'out of control pupil' wins unfair dismissal claim, Emergency assemblies and extra staff: how schools are tackling Andrew Tate, He added: District Attorney William Fitzpatrick, he knew there was no evidence, and he said quote after Nick was acquitted: I have locked people up with much less evidence than this.. He said he had gotten it a week ago from moving furniture. Who Killed Garrett Phillips? airs July 23 and 24 on HBO. Years ago, Nick patronized a bar on Potsdam's main drag where the bartender was a single mother. And while the killer of the 12-year-old boy could still be on the loose, Oral Nick Hillary paid the price at the time of the murder, as he was initially named as a key suspect. Fast forward to October 24, 2011. Shanna testified that Hillary was home with her at the . Easily explained." "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.". Hillary was the ex-boyfriend of Phillips' mother Tandy Cyrus, but another of her exes, John Jones, proved to be a key figure in the case as well. Advocates say raise it first, DEC says 2022 tied for the safest hunting season on record, Governor Kathy Hochul Releases New York State Budget, New York redistricting commission to hold final public hearings this week, New York unlikely to have a new chief judge until later this spring, Adirondack Council leader to step down later this year, Stefanik opens district office in Rensselaer County Government building, Budget watchdog says NY should plan for an upcoming "fiscal cliff", Community Advisory Board (NCPR Executive Council). It's simple.. It wasnt until later that Cyrus was finally informed that her son was strangled to death. But going forward, it looks like industry-shifting life sciences Before he spoke with NCPR, Trainum reviewed press clippings and media coverage to familiarize himself with the Garrett Phillips case. They called 911 around 5:08pm. But despite being a free man, it seems Hillary is still struggling to clear his name in his community. The first part of the documentary Who Killed Garrett Phillips? Back at the crime scene, the police realized there was no forced entry, but there was an open window, with the screen cut out. About his hitch in the U.S. Army. (Courtesy of HBO ). Police have estimated that Garretts murder took place around 5pm neighbors called the police to complain of hearing strange noises coming from his apartment at 5:07pm. Pasqua and local police have declined to comment. You would send a wave of evidence, you know, expecting a probative piece of DNA, or fingerprint or a hair or fiber then just not getting that. But Murray said, "even if we had collected hairs and fibers [matching Hillary], he had been in the apartment -- he moved [Garrett's mother] Tandy in, he was in the apartment in the middle of the night on a number of occasions. He found Nick Hillary not guilty. "Even the appearance of impropriety is as devastating in its consequences to the judicial system as the actual impropriety itself," said Downs. He argues he was treated differently than another suspect in the case, a deputy sheriff named John Jones. The apartment that Jones helped Cyrus find was the same spot where Phillips was found gravely hurt. Dismiss. The new documentary Who Killed Garrett Phillips?, airing on HBO July 23 and 24, looks into the unsolved 2011 death of a 12-year-old boy by that name. Garrett was described as always being a happy kid, who always had a smile on his face. 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. I believe John Jones committed the murder. After Nick was done smoking, he kept the butts in his pocket and even put one in the drain. Garrett and his family lived on the second floor, so the police determined that the killer would have had to jump on the landing and then down to the ground. According to Grantland, Officer Mark Wentworth investigated the apartment at 100 Market Street. Original Language: English. And the focus right now is to start puttin this in the rearview mirror.. Nick Hillary 20/20 Interview After Found Not Guilty of Murder. I mean this is something that like is stated in the documentary, he explained: For 20 years I spent building my entire legacy up until that point and within 20 minutes they destroyed., Hillary added: Up to a point now Im trying to clear the rubble in the process of hoping to rebuild.. His white mom names black ex-boyfriend Nick Hillary as most likely to kill Garret. NCPR checked in with Pasqua last month. Nothing is ever 100 percent, but Nick is a highly decent lovely person, with no sign of a temper and no weird evasions, explained Garbus, who says she came to the table with an open mind. A 'Justice for Garrett' sign is pictured in an undated photo. I have so many questions about the ex-boyfriend, John Jones. He looked like he was sleeping.. He loved sports, being with his friends and ripsticking (kind of like skateboarding, but your back leg always moves). And we talked of his passion: Soccer. You've got inclement weather, it's near dusk -- if not dark.". Rain credited the "Justice for Garrett" movement Brian Phillips, Garrett's uncle, sold and distributed thousands of posters bearing the slogan and raised $40,000 for a reward fund . ", "That day, I pulled the sign out of my yard. 1.) On the morning of October 26, 2011, Hillary, then a soccer coach in Potsdam, was summoned to the Potsdam police station. 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.. And they havent been in touch with Garrett Phillips family. Police suspect the killer jumped out it after strangling Garrett. Tonight, ABC News' 20/20 will investigate the death of 12-year-old Garrett Phillips. The documentary examines and chronicles the years following the 2011 murder of 12-year-old Garrett Phillips and the subsequent trial of Clarkson University soccer coach Oral "Nick" Hillary. 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. "I think about him every day. There was really nothing beyond whats in the film that we were able to learn.. "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. How are police handling new leads in the Garrett Phillips case? And Nick doesnt have any of that right now. Would love your thoughts, please comment. Weve been covering the case for over a year. And then there was the potential witness about whom prosecutors never told the defense a revelation that nearly led to the trials dismissal. For five years my family and I have been livin underneath this cloud, said Nick. Garretts mother, Tandy Cyrus, has said that her son was a gregarious boy who had absolutely no fear. Garretts family, especially his mom and uncle, Brian Phillips, believe Nick 100% killed Garrett. "We weren't thinking it was a homicide immediately, but something had happened. Jobs People Learning Dismiss Dismiss. After medics rushed the boy to the hospital two blocks away, Wentworth noticed that one of the window blinds in another bedroom had been damaged. Garrett and Aaron's school schedules were on the fridge and family portraits were on the wall. Sky Crime launched the documentary Who Killed Garrett Phillips? "Sees the people down there or hears them changing the tire, and waits until the coast is clear to make the jump.". He entered the parking lot of the high school, heading towards his house. That there'd been a rush to judgment. Related stories:A phone call from inside the investigationPasqua wouldnt provide any details beyond that, but it appears state troopers passed the new information to Potsdam Village Police, which is still the lead agency in control of the case. Tandy also told the police that Nick had a key, and had shown up at their house unannounced one night, and stood over her bed. They struck up an easy conversation that, in short order, became a live-in relationship with a blended family. It's going on four years since . There are no clues as to who killed Garrett. #AD - Use this link for a 7-day free trial - http://bit.ly/23sh00652In today's video I discuss the case of Garrett Phillips as well as the documentary 'Who k. Phillips was the 12-year-old boy who was fatally Mar 08, 2019 A St. Lawrence County prosecutor says there's a new tip in the Garrett Phillips murder case. "To keep dredging up that case and to continue to put people in the spotlight who Im sure dont want to be in the spotlight like Garrett Phillips family," Pasqua said. His career, its Nick interrupted: Its gone., Continuing her spiel, Liz said: His family have suffered great trauma and Nicks financial situation is not what it was before its not a happy ending.. However, Postdam is apparently really small, so if you go a different way it doesnt take long to be back where you started. Today, Garrett's mother's ex-boyfriend, Nick Hillary, was found not guilty in the boy's murder. He was 19 at the time of the 2013 arrest, which makes him the same age as the Brandon D. Murphy in question for Garrett's murder. Gary Pasqua in his office near the St. Lawrence County courthouse. Shanna Hillary is the eldest of Nick Hillary's five children. "It was over five years whether it was selling stickers, selling T-shirts, [raising money for] the reward, " Brian Phillips said in an interview with NCPR last week. Just like his father, spitting image of my brother, a heck of a little athlete. ", Brian Phillips, Garretts uncle, said he hadn't been notified about the existence of any tips but he also admitted he's not too interested in continuing to hear them. Nick had to leave the station that day in a hazmat suit. But the verdict came down as not guilty, and Tandy never ended up going on the record with Garbus. "Theyre able to benefit from the mistakes that they learned. Even more interesting is that Brandon has a cousin who was 15 at the time named Amos who is black and Hillary's lawyer believes they have information that puts Amos and Brandon at the scene and may have information regarding the murder. When 12-year-old Garrett Phillips was murdered in 2011 . They said that he had a limp in his right leg, however, the video is grainy and I didnt see any limp. Cookie Notice -- It was Oct. 24, 2011, when 12-year-old Garrett Phillips was found strangled to death inside his home in Potsdam, New York, a small town near the Canadian border. They realized that the killer could have had an injury since the jump was pretty far. The judge dismissed most of the claims, but some are still ongoing. Cyrus says that when she showed up at the hospital, her son had bruises all over his face, and Marks on his neck. Advocates for the wrongfully accused are trying to draw new attention to the murder of Garrett Phillips in Potsdam nine years ago. 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. Why would I even want to hurt a child, after having worked with kids for over two decades? At least one of them had talked to police back in 2011, and their story did not add up. There was very little energy around anything else in this case., Over time, as Garbus kept asking the key players in the case to relive and rehash the nitty, gritty details, she says she doesnt feel that changed. "In my mind, that investigation is still out there.". "It became very clear that the only place to get in or out, other than the front door that hadn't been utilized, was this window," he said. The chief of police is now Mark Murray, who was the lead detective on the case. Following this, Hillary was then indicted for murder in the second degree, spending 70 days in prison before he was released on bail. Around 5:16pm, the police arrived. Criminal justice experts say its not uncommon for an investigation this complicated to have leads that dont really go anywhere but that doesnt mean police should just forget about them. Nick did drive a blue car, however the footage is so blurry that you cant tell who is driving or see the license plate. Phillips was the 12-year-old boy who was fatally attacked at his home in Potsdam in 2011. Director Liz Garbus is pictured in an undated photo. The police found Garrett laying motionless. July 24, 2019. "Oral Hillary will face that for the rest of his life unless the true perpetrator is found and held accountable," Bastuk said. Director of the documentary Liz Garbus, added: And what you dont know if you havent seen the documentary yet is Nick was an all American soccer champion and a graduate from Saint Lawrence University and became a coach at Clarkson, coaching a great soccer team and a military veteran. On Wednesday morning, Hillary was found not guilty by a judge, after a two-week long trial. Photo: Lauren Rosenthal. His killer is still out there. I did everything I could. They moved in just months before Garrett died, after Cyrus and Hillary broke up. As Tandy would tell us, Nick was rigid -- a man with a plan for every day. She told ABC, I just remember him looking down at me over the tops of his glasses, telling me that there was nothing else that they could do., Cyrus was initially told that Garrett fell. The medical examiner also collected DNA from under Garretts nails. In Shanna-Kays cross-examination, the prosecution brought her attention to surveillance footage that showed her walking home at 4:02pm, which would have gotten her home at 4:12pm, and therefore into the shower at 4:22 pm. civil actions filed against DA Rain and Jones, circumstantial evidence against him and Hillary. The altercation made him fearful for himself and his family, NNY 360 reported. Nick tried to leave for work, and the police blocked the door. aired on HBO on Jul. In 2006, Hillary was acquitted of murder after a trial before a judge without a jury, The jury pool came from the same individuals who had elected the district attorney, Hillary, 45, told The News. According to the documentary, that once police focused in on Hillary an Army veteran and respected soccer coach at nearby Clarkson University other investigative avenues were not explored. Potsdam, NY, interim police chief takes ABC News through the crime scene. He was a popular, athletic kid. They immediately called an ambulance. Yet somehow, within hours, police. Years passed with no arrest, and now Nick Hillary, a former college soccer coach and an ex-boyfriend of Phillips's mother, awaits trial on a murder charge. The car is seen driving to the back of the lot into a parking space. Text. Photo: David Sommerstein, Oral "Nick" Hillary was found not guilty on Wednesday in the 2011 murder of twelve-year-old Garrett Phillips. On October 26, two days after the murder, Nick was brought into the station. Garrett Cunningham Expand search. A St. Lawrence County prosecutor says there's a new tip in the Garrett Phillips murder case. Movie Info. Tafari, a lawyer who provided legal support to his former Tilden High School friend, doesnt believe this film can change a corrupt system. Oral "Nick" Hillary still coaches soccer. Pictured is the 100 Market St. apartment building in Potsdam, New York. This case is about a murdered 12 year old and the polices tunnel vision against one suspect. Tips come in. 3. As of this week, the source who originally contributed the new lead said that they have not been contacted by Potsdam investigators roughly six months since this person first attempted to share information with law enforcement. (Courtesy of HBO ). Police went up the apartment building stairs and into the home, where they found Garrett unconscious and alone inside. Oral "Nick" Hillary and Tandy Cyrus are pictured in an undated photo. 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. But hes also said recent new leads have gone nowhere. But at around 5 p.m., when the murder is estimated to have occurred, no one saw anyone jump or flee from the building. Tandy's 12-year-old, Garrett, bristled at his mom's new boyfriend, said Tandy. Nick Hillary's defense had elected to waive a jury trial and argue directly to the judge. Could the choke out theory be true. I think of Michelle McNamara: Did that book [Ill Be Gone in the Dark] solve that case? Knowing where John Jones is now shows how differently he was treated by police after Phillips' murder. Since moving to New York, I've associated Kips Bay with decent curry and a cheap pint. 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. said he had gone through the case files himself. Prosecutors also referenced two interviews Shanna-Kay gave in 2014 and 2015 in both interviews, she said she ate dinner at 6pm. "Thats not gonna change.". He argued that Garrett was the victim of overzealous prosecutors and poor defense attorneys. Garrett Phillips was strangled in his familys second-floor apartment in upstate Potsdam in October 2011. "Ideally, it should be used as a learning experience, where all the parties go back and theyre open with each other and honest with each other," Trainum said. As least, thats what many may hope after the new St. Lawrence County district attorney admitted a new tip earlier this spring. Police said they tested every person with access to the apartment, including residents and maintenance staff. The window is how it is believed that the killer escaped. It doesnt say what his relationship was like. and our Read Next: WGAs David Young Bows Out of Negotiations Due to Medical Leave, Bridget Everetts Comedy Can Be Blue on Stage But Somebody Somewhere Leans Into the Tender Moments, Inside the Naomi-Verse With Ava DuVernay and Kaci Walfall, Woody Harrelson Slams COVID Set Protocols as 'Nonsense,' Urges Hollywood to 'Stop' Forcing 'Vaccination': Thats 'Not a Free Country', Ant-Man and the Wasp: Quantumania Writer Surprised by Terrible Reviews: I Was in a Low Spot and Really Sad About It, Super Mario Bros. Movie Is Releasing Two Days Early, 'Perfect Match' Star Joey Sasso on Running Around Panama to Find an Engagement Ring, How Much It Cost and What Viewers Didnt See, Michael B. Jordan Meets Reporter at 'Creed III' Premiere Who 'Teased Him all the Time' in High School: 'I Was the Corny Kid, Right? In 2011, Garrett Phillips, who was just 12-years-old, was killed in his upstate New York home. The neighbors knocked on the door, and heard what sounded like the door being locked and latched. he was with his dad cutting wood (his dad confirmed this), 2.) And while the killer of the 12-year-old boy could still be on the loose,. People want to be heroes. He spent more than two decades asa homicide detectivein Washington, D.C., where he eventually opened a cold case unit. Trainum has an extensive background workingon cases himself. The police also noticed Nicks ankle was swollen and he had an abrasion on his ankle. Edward F. Narrow, the Canton attorney who represented Oral "Nick" Hillary, the former Clarkson University men's soccer coach acquitted of the boy's murder, said that leads involving inconsistent statements . 24. Now, she hopes her doc will put similar pressure on the story so that maybe her titular question can finally be answered. The big question now is how law enforcements following up. Oral "Nick" Hillary, center, hugs defense attorney Edward Narrow after being found not guilty in the murder of Garrett Phillips on Wednesday, Sept. 28, 2016, in Canton, N.Y. As least, that's. Formal complaints were filed against him for violence and abuse. Photo: Julie Grant, St. Lawrence County DA Mary Rain at a press conference after the trial in 2016. But in a county thats population is more than 90% white, the killing of a child -- a crime that screamed out for justice -- became an investigation that boiled with questions of racial fairness. Tandy and Nick had moved in together for a brief time, but according to family of Garretts, Nick and Garrett didnt get along. The accused was Nick Hillary, 37 years old at the time of the boy's death. aired on HBO on Jul. Bastuk said local law enforcement is too compromised and an independent prosecutor needs to take over. Who Killed Garrett Phillips? ), Police canvassed the neighborhood, but no one had witnessed anything, Murray said. Advocates say raise it first, DEC says 2022 tied for the safest hunting season on record, Governor Kathy Hochul Releases New York State Budget, New York redistricting commission to hold final public hearings this week, New York unlikely to have a new chief judge until later this spring, Adirondack Council leader to step down later this year, Stefanik opens district office in Rensselaer County Government building, Budget watchdog says NY should plan for an upcoming "fiscal cliff", Community Advisory Board (NCPR Executive Council). On May 14, 2014, Nick was arrested and charged with second degree murder. The case does present a thicket of overlapping roles. Hammond, Norfolk teens jailed on charges of sex abuse, endangering the welfare of child . The police had a theory about the motivation, a story about obsessive love gone wrong. After the trial ended in 2016, Murray told NCPR, were confident we prosecuted the right person.. 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