This article is from the source 'nytimes' and was first published or seen on . It last changed over 40 days ago and won't be checked again for changes.

You can find the current article at its original source at http://www.nytimes.com/2016/09/29/nyregion/oral-nicholas-hillary-potsdam-murder-trial-garrett-phillips.html

The article has changed 3 times. There is an RSS feed of changes available.

Version 0 Version 1
Oral Nicholas Hillary Acquitted in Potsdam Boy’s Killing Oral Nicholas Hillary Acquitted in Potsdam Boy’s Killing
(35 minutes later)
CANTON, N.Y. — Nearly five years after the murder of a 12-year-old boy in New York’s rural, northernmost frontier sparked a mystery tinged with race, sex and questionable prosecution, the man accused in the crime was acquitted on Wednesday, as a judge found no credible evidence to convict. CANTON, N.Y. — Nearly five years after the murder of a 12-year-old boy in New York’s rural, northernmost frontier set off a mystery tinged with race, sex and questionable prosecution, the man accused in the crime was acquitted on Wednesday, as a judge found no credible evidence to convict.
The man, Oral Nicholas Hillary, had been charged with second-degree murder in the strangling of Garrett Phillips, an ebullient sixth grader who was savagely attacked in his mother’s apartment in Potsdam in October 2011. Mr. Hillary once had a romantic relationship with Garrett’s mother, and the police focused on him almost immediately, searching his home, car, office and person, looking for evidence that he had killed Garrett in retribution for the breakup. The man, Oral Nicholas Hillary, had been charged with second-degree murder in the strangling of Garrett Phillips, an ebullient sixth grader who was savagely attacked in his mother’s apartment in Potsdam in October 2011. Mr. Hillary once had a romantic relationship with Garrett’s mother, and the police focused on him almost immediately, searching his home, car and office looking for evidence that he had killed Garrett in retribution for the breakup.
They found little, if any, evidence linking Mr. Hillary to the crime — no DNA, no fingerprints, no hair or fiber samples — leading the accused to suggest a far more pernicious explanation for the prosecution: his race. Mr. Hillary is black, while the surrounding St. Lawrence County is almost exclusively white, as was Garrett and his mother. They found little, if any, evidence linking Mr. Hillary to the crime — no DNA, no fingerprints, no hair or fiber samples — leading him to suggest a far more pernicious explanation for the prosecution: his race. Mr. Hillary is black; Garrett was white, as is his mother and most of the surrounding St. Lawrence County.
Mr. Hillary has always proclaimed his innocence. And on Wednesday morning, Judge Felix J. Catena — who presided over the two-week nonjury trial in Canton, the St. Lawrence County seat — concurred, noting that the prosecution’s case was entirely circumstantial.Mr. Hillary has always proclaimed his innocence. And on Wednesday morning, Judge Felix J. Catena — who presided over the two-week nonjury trial in Canton, the St. Lawrence County seat — concurred, noting that the prosecution’s case was entirely circumstantial.
As the judge announced his decision, both sides of the courtroom let out bursts of emotion. Mr. Hillary hugged his lawyers, shedding tears as his family praised Jesus; many of Garrett’s relatives were also weeping, their heads and bodies collapsing into the courtroom benches.As the judge announced his decision, both sides of the courtroom let out bursts of emotion. Mr. Hillary hugged his lawyers, shedding tears as his family praised Jesus; many of Garrett’s relatives were also weeping, their heads and bodies collapsing into the courtroom benches.
“Karma will get you,” shouted Brian Phillips, an uncle of Garrett’s who sold and distributed thousands of posters bearing the slogan, “Justice for Garrett,” and raised $40,000 for a reward fund. “Karma will get you,” shouted Brian Phillips, an uncle of Garrett’s who sold and distributed thousands of posters bearing the slogan “Justice for Garrett” and raised $40,000 for a reward fund.
Seen through a prism of racial bias, the case had drawn widespread attention at a time when law enforcement’s relationship to black Americans is under increased scrutiny following a string of police-related shootings. Seen through a prism of racial bias, the case drew widespread attention at a time when law enforcement’s relationship with black Americans is under increased scrutiny after a string of police-related shootings.
Mr. Hillary’s defense team — which featured two high-profile New York City lawyers, Norman Siegel and Earl Ward, drawn by the case’s notoriety — had only lightly touched on the issue of race at trial, preferring to attack the prosecution’s case as a weak, circumstantial attempt to pin a gruesome murder on the wrong man. Mr. Hillary’s defense team — which featured two high-profile New York City lawyers, Norman Siegel and Earl S. Ward, drawn by the case’s notoriety — only lightly touched on the issue of race at trial, preferring to attack the prosecution’s case as a weak, circumstantial attempt to pin a gruesome murder on the wrong man.
“There is absolutely no direct evidence tying Mr. Hillary to this crime,” Mr. Ward said during his closing argument on Thursday, adding: “Nick Hillary is not the type of person that would walk into a room, put his hands around the neck of a child and strangle him, kill that child. That is not Nick Hillary.”“There is absolutely no direct evidence tying Mr. Hillary to this crime,” Mr. Ward said during his closing argument on Thursday, adding: “Nick Hillary is not the type of person that would walk into a room, put his hands around the neck of a child and strangle him, kill that child. That is not Nick Hillary.”
The prosecution — largely led by William Fitzpatrick, an experienced district attorney from the Syracuse area — had put much of its hopes on surveillance footage shot the day of the killing. It showed Mr. Hillary’s car lingering near Garrett as he headed home from his school. The prosecution — largely led by William Fitzpatrick, an experienced district attorney from the Syracuse area — had put much of its hopes on surveillance footage shot the day of the killing. It showed Mr. Hillary’s car lingering near Garrett as he headed home from school.
Mr. Hillary, 42, a former soccer coach at Clarkson University in Potsdam, had been painted by prosecutors as an obsessive ex-boyfriend of Garrett’s mother, Tandy Cyrus, who had broken off a yearlong relationship after Garrett had told his mother he did not like Mr. Hillary. That assertion — supported by testimony from Ms. Cyrus’s family — was not enough to overcome the lack of any physical evidence tying Mr. Hillary to the murder. Mr. Hillary, 42, a former soccer coach at Clarkson University in Potsdam, had been painted by prosecutors as an obsessive ex-boyfriend of Garrett’s mother, Tandy Cyrus, who broke off a yearlong relationship after her son told her he did not like Mr. Hillary. That assertion, supported by testimony from Ms. Cyrus’s family, was not enough to overcome the lack of any physical evidence tying Mr. Hillary to the murder.
The acquittal most likely will do little to end the upset over Garrett’s murder, which shocked this small riverfront village. While the police received dozens of tips in the months and years after the murder, the list of potential suspects was never truly broadened beyond Mr. Hillary, testimony and depositions showed. The acquittal most likely will do little to end the upset over Garrett’s murder, which shocked Potsdam, a small riverfront village. While the police received dozens of tips in the months and years after the murder, the list of potential suspects was never truly broadened beyond Mr. Hillary, testimony and depositions showed.
Mr. Hillary has sued the village for civil rights violations in connection to his arrest. That case is still pending.Mr. Hillary has sued the village for civil rights violations in connection to his arrest. That case is still pending.
As the bailiffs cleared the courtroom, the Hillary family made their way outside, to address the awaiting news media. The Phillips family stayed behind, along with the local prosecutor who brought the case, Mary Rain, who stood silently in front of the family as they wept. As the bailiffs cleared the courtroom, the Hillary family made their way outside to address the news media. The Phillips family stayed behind, along with the local prosecutor who brought the case, Mary Rain, who stood silently in front of the family as they wept.