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( birds chirping )
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( crows cawing )
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( music playing )
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( thunder rumbles )
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Female Reporter:
Six months have passed
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since 12-year-old
Garrett Phillips was killed.
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Now, the family knows they can't
get their loved one back,
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but all they want now
is justice,
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and they're saying it
through a new decoration
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in their front lawn.
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Brian Phillips:
We just want justice
for Garrett where,
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you know, somebody pays for
the crime that was committed.
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They need to pan up.
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I don't know how they can
shut their eyes at night.
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Female Reporter:
And the investigation into
his murder hasn't stopped,
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so they just have to wait.
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Phillips:
It was just a way
to try to generate money
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to maybe get somebody
to come forward and say,
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"I have some information."
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We made $40,000 just like that.
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That's a rather
large amount of money.
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Then everybody and their brother
wanted them
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to show support.
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Say you drive by this place,
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they've got a sign.
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This place is for Garrett,
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this place for Garrett.
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Half the time we were waiting
for signs because we had,
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you know, everybody and their
brother would be wanting them.
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And we sold them
for seven dollars.
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That seven dollars
bought another sign.
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So you make nothing off that.
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But most people,
"Okay, here's $10."
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Okay, the other three
goes into his reward.
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But it was a lot of work.
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But, being that--
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I have two children,
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I couldn't go
and do something...
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just out of hate,
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and then where would I be?
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I felt the best thing for--
for Nick
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is to go to prison
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and pay for his crime,
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and maybe, you know,
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not have another
good day in his life.
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Marissa Vogel:
In the beginning it
seemed like a slam dunk,
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Hillary had done it.
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And then all of a sudden
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it's thrown out,
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there's not enough evidence.
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You kept hearing mixed stories,
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"There is evidence,
there is no evidence.
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This is good evidence,
this is bad evidence.
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They have a great case,
they have nothing."
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What little bit we were getting
seemed conflicting.
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So it was--
we had no idea.
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Ian Fairlie:
When I left Clarkson
I went immediately to Buffalo
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to start coaching there.
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That was in May of 2012.
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First day of preseason
at Buffalo on campus
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all those signs
started showing up.
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You know, I was like, oh,
that's kind of--
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that's kind of messed up.
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Like, and they're there for me.
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I was the only one
connected to the case.
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Buffalo is really far
from Potsdam.
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When he told us
that story it was, like,
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there's a lot of forces
at play here.
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Oral "Nick" Hillary:
That symbolizes
and tells me that,
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you know, the Justice
for Garrett signs
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is one way of discreetly saying,
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"Let's get Nick Hillary
for this."
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But then I stopped working
at Buffalo in January 2013.
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It was right at
the turn of the year--
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went back to my--
lived with my parents
briefly in Owego...
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Natasha Haverty:
Some small town
far from Potsdam,
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pulled onto his street,
you know,
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and there are
Justice for Garrett signs
down the road.
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Somebody doesn't necessarily
like what Ian Fairlie is saying.
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You know,
I think that's, like,
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kind of an objective thing
you can deduce.
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Whatever you're
trying to do,
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you're really
just making yourselves
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look really, really creepy
and desperate.
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( birds chirping )
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( whistling )
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Later.
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All right.
Have a good one, bud.
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Hillary:
I could move, leave,
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but obviously
I can't really do that
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because my family is still very
much soil entrenched there.
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One down, one to go.
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Hillary:
The best way
for me to put it,
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it's like living
on house arrest.
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To have to calculate
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your every move that
you are going to make
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within the community
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really takes a toll on you.
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Nobody will ever
look at you the same way.
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Nobody wants to interact
with you the same way.
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Hi.
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Hillary:
Hi, how are you?
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You want some milk?
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Okay.
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Hillary:
Here we go, come on.
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Come, Lolo.
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All right.
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I think if my demeanor
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was on the weaker side,
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then I think they would...
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suffer a lot more.
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What happened?
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You know, hopefully,
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God will continue
to keep them strong.
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Lisa Marcoccia:
So when he left the
police station that day,
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it wasn't just, "Oh, you know,
I was at the police station
for a couple of hours."
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- His life changed.
- His life was
completely destroyed.
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Clarkson University didn't
want him back on campus.
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The public had already said,
"Okay, well, this is their guy."
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It was really the beginning of
the destruction of his life.
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Female Reporter:
A Clarkson coach has
filed a notice of claim
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against the Village of Potsdam,
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and his attorney says
a civil lawsuit
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will follow in the near future.
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He says the notice
of claim is being made
for injuries and damages
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sustained during
the investigation,
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including claims
for false arrest,
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illegal detention,
illegal search and seizure,
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emotional distress,
and defamation.
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Hillary's attorney says
that his client has handled
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the situation the best he can.
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Well, Mr. Hillary
has conducted himself
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with extreme dignity throughout
this entire process.
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And Mr. Hillary has faith
in justice and also the truth.
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Marcoccia:
For us Nick's case has
always been bigger than Nick.
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It's about our
justice system as a whole.
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You want to do things that your
kids are going to be proud of,
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and so I think that we've been
trying to fight the good fight.
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- Hey.
- Hi, sweetie!
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- Hello.
- Hey, guys, high-five!
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Hillary:
...catches the ball
with a baby in his hands.
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That's it.
That's it.
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You know it's not
the first baby.
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Tafari:
Kick to Nick.
Kick it to Nick.
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Hillary:
This is not one of
those situations
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wherein which you just
get up in the morning
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and is able to say,
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"Okay, you know,
that happened yesterday.
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Let me forget about it
and move forward."
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The civil case was
the initial step for me
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in starting the process.
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To slowly erase
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what they had started
in terms of...
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deconstructing, demolishing,
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everything that I have earned
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and built as a legacy
up until that point in time.
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Thomas J. Mortati:
This was in
early January of 2012,
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and that's the first
I'd heard of it.
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I had no understanding
of this incident,
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the crime taking place,
or anything, until that day.
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One of the things I typically do
when I first get a claim
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is I do a Google search.
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Holy smokes,
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this is a murder case.
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If he goes forward
with a civil suit,
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my defense is going
to be an offense against him.
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I'm going to go after him
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to show that
he committed this crime.
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If that ends up
benefiting the police
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and the district attorney,
fantastic.
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They're somewhat stymied
in their investigation.
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They're waiting for
something to come up.
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Marcoccia:
They took Nick's DNA
right away.
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There was no match of the DNA,
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no match of the fingerprints,
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you know, nothing tying
Nick to the crime.
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And that's obviously
confirmed because
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had there been a DNA match
I'm sure Nicole Duve
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would have brought an
indictment against him, right?
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Male Reporter:
The district attorney
will only say
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it remains an
open investigation.
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Everybody associated
with this case continues
to work very diligently,
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following up
every possible lead.
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Unfortunately sometimes these
kinds of cases take time.
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This is one of
those kinds of cases.
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She knew there was nothing,
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and therefore she did nothing.
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Male Reporter:
Well, it's been
nearly two years
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since 12-year-old
Garrett Phillips
was killed in Potsdam.
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While no arrests
have been made yet,
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the family holds onto hope
that one day
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the person responsible
will be brought to justice.
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Um, he loved everybody.
He'd do anything for anybody.
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He was a great kid.
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Phillips:
All's I would really
ask the people
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00:10:47,146 --> 00:10:51,275
is to still keep putting
little clips in the paper,
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00:10:51,359 --> 00:10:52,985
keeping the pressure on,
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00:10:53,069 --> 00:10:57,031
so that it's just not, you know,
left on somebody's desk.
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00:11:11,670 --> 00:11:13,214
Why is there no evidence?
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00:11:13,297 --> 00:11:16,258
Why was there no forensics,
no fingerprints, no anything?
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And it really wasn't
until Mary Rain,
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00:11:18,469 --> 00:11:20,888
when she ran for office,
she started really pushing
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00:11:20,971 --> 00:11:22,932
for some advancements
in this case.
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00:11:23,015 --> 00:11:25,726
Male Reporter:
The unsolved murder of
12-year-old Garrett Phillips
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00:11:25,810 --> 00:11:28,020
taking center stage
at a political rally
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00:11:28,104 --> 00:11:30,231
for GOP district attorney
hopeful,
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00:11:30,314 --> 00:11:31,649
Mary Rain, Wednesday.
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00:11:31,732 --> 00:11:33,359
With Garrett's mother
at her side,
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00:11:33,442 --> 00:11:35,653
Rain promised that if
elected she would work
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00:11:35,736 --> 00:11:37,905
with police to find
Garrett's killer
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00:11:37,988 --> 00:11:39,657
and bring them to justice.
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00:11:39,740 --> 00:11:42,034
Mary Rain:
I explained to Tandy
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00:11:42,118 --> 00:11:44,745
that if they came to
the campaign stop in Canton
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00:11:44,829 --> 00:11:47,415
that I would bring Garrett's
case to the forefront to, again,
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00:11:47,498 --> 00:11:49,750
give it more publicity
and keep it alive.
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00:11:49,834 --> 00:11:53,504
Rain:
Garrett's murderer should
be behind bars at this point,
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00:11:53,587 --> 00:11:55,631
but he's not.
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00:11:55,714 --> 00:11:57,758
And that's all because
of the ineffective
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00:11:57,842 --> 00:12:00,594
incompetence of our
district attorney's office.
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00:12:00,678 --> 00:12:04,098
Nicole Duve:
It is unfortunate
and disheartening
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00:12:04,181 --> 00:12:07,476
that someone would
play on the emotions
of a grieving family
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00:12:07,560 --> 00:12:09,353
during a political campaign.
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00:12:09,437 --> 00:12:11,397
Male Reporter:
Mary Rain has made
two unsolved murders
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the lynchpin of her campaign,
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00:12:13,149 --> 00:12:15,359
blaming Duve for
not getting convictions.
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00:12:15,443 --> 00:12:17,278
Hillary:
She's making a promise.
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00:12:17,361 --> 00:12:19,738
It just goes to show
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00:12:19,822 --> 00:12:22,908
what she was about,
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00:12:22,992 --> 00:12:25,369
and the situation
that I was up against.
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00:12:25,453 --> 00:12:27,997
People get up in arms,
and people go and vote
for presidents,
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00:12:28,080 --> 00:12:29,623
and congress people,
and they don't understand
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00:12:29,707 --> 00:12:32,001
that the one position
that will affect your life,
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00:12:32,084 --> 00:12:35,337
that will possibly send you to
jail for the rest of your life,
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00:12:35,421 --> 00:12:37,673
even if you're innocent,
is that of a prosecutor.
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00:12:37,756 --> 00:12:41,510
And there's absolutely
no checks on power-hungry people
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00:12:41,594 --> 00:12:43,762
who are willing
or who have a willingness
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00:12:43,846 --> 00:12:46,640
to destroy a man's life
to advance their careers.
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00:12:46,724 --> 00:12:49,059
If you don't have a plan,
you're doomed to commit
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00:12:49,143 --> 00:12:52,646
the same errors
over and over and over again.
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00:12:52,730 --> 00:12:54,482
And that includes dismissals,
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00:12:54,565 --> 00:12:57,526
grand jury dismissals,
acquittals at trial...
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00:12:57,610 --> 00:13:00,404
Duve:
Let me assure you that
there is no lack of vigor
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00:13:00,488 --> 00:13:01,864
in that investigation, okay?
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00:13:01,947 --> 00:13:03,741
So I can promise you that.
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00:13:05,618 --> 00:13:08,329
William J. Fitzpatrick:
I was just driving
in the North Country--
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00:13:08,412 --> 00:13:10,372
these signs had begun to pop up,
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00:13:10,456 --> 00:13:12,708
"Justice for Garrett."
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00:13:12,791 --> 00:13:15,628
And I called Nicole because
the murder of this young boy
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00:13:15,711 --> 00:13:17,379
was becoming a political issue,
250
00:13:17,463 --> 00:13:20,925
which can be
a little distasteful.
251
00:13:21,008 --> 00:13:25,763
So I called her and discussed
her political future,
252
00:13:25,846 --> 00:13:29,683
and she sent me a bare-bones
summary of the case.
253
00:13:29,767 --> 00:13:33,395
And I probably called her back,
you know, two days later,
254
00:13:33,479 --> 00:13:35,523
and in words or substance said,
255
00:13:35,606 --> 00:13:37,691
you know, "Why isn't
this guy in handcuffs?"
256
00:13:37,775 --> 00:13:41,237
And I said, "This sounds like
something that would be amenable
257
00:13:41,320 --> 00:13:45,199
for the Mutual Assistance
Committee of the
State D.A.'s Association."
258
00:13:45,282 --> 00:13:48,327
Which is a committee that
I had formed years earlier.
259
00:13:48,410 --> 00:13:50,871
And we'll put together a panel
of very, very experienced
260
00:13:50,955 --> 00:13:52,540
homicide prosecutors.
261
00:13:52,623 --> 00:13:54,500
And she did not avail
herself of that opportunity
262
00:13:54,583 --> 00:13:56,585
for whatever reason.
263
00:13:56,669 --> 00:13:58,254
Rain:
My understanding is
that she thought that
264
00:13:58,337 --> 00:13:59,755
she didn't have
enough evidence,
265
00:13:59,838 --> 00:14:01,423
and she declined their offer,
266
00:14:01,507 --> 00:14:04,552
indicating that it
would make her look weak.
267
00:14:04,635 --> 00:14:07,763
Male Reporter:
Mary Rain has also had
to defend her record.
268
00:14:07,846 --> 00:14:11,392
She resigned as county
public defender in 2011,
269
00:14:11,475 --> 00:14:13,435
citing an
overwhelming caseload.
270
00:14:13,519 --> 00:14:15,271
But that was after
she was stripped
271
00:14:15,354 --> 00:14:17,398
of operational oversight
of her office
272
00:14:17,481 --> 00:14:19,733
and put on
administrative leave.
273
00:14:19,817 --> 00:14:21,569
If she couldn't handle
the workload, as she had said,
274
00:14:21,652 --> 00:14:23,779
when she was in the public
defender's office,
275
00:14:23,862 --> 00:14:26,907
how would she handle
the workload as the lead
prosecutor in the county,
276
00:14:26,991 --> 00:14:28,576
where there is plenty of crime?
277
00:14:28,659 --> 00:14:30,744
Male Reporter:
Watching the results,
278
00:14:30,828 --> 00:14:33,581
Nicole Duve the democrat
actually had a pretty big lead,
279
00:14:33,664 --> 00:14:36,917
but that was before
a lot of the precincts
started reporting in.
280
00:14:37,001 --> 00:14:38,711
And as we got closer to 100%,
281
00:14:38,794 --> 00:14:40,337
the numbers
flipped completely
282
00:14:40,421 --> 00:14:42,381
and in fact Nicole Duve
has been beat.
283
00:14:42,464 --> 00:14:44,216
Rain:
I have a lot of
work ahead of me.
284
00:14:44,300 --> 00:14:45,551
I can't wait to get started.
285
00:14:45,634 --> 00:14:47,678
And I want to dive right in.
286
00:14:47,761 --> 00:14:50,639
Rain:
What I told Tandy is that
would be my top priority
287
00:14:50,723 --> 00:14:53,100
when I came into office
January 1st.
288
00:14:53,183 --> 00:14:55,060
Actually after I got
elected in November
289
00:14:55,144 --> 00:14:57,646
I contacted Bill Fitzpatrick,
290
00:14:57,730 --> 00:15:00,190
who is the district attorney
of Onondaga County.
291
00:15:00,274 --> 00:15:03,861
He's also the committee chair
for the Mutual
Assistance Committee.
292
00:15:03,944 --> 00:15:07,072
And he said he was very
familiar with the case already.
293
00:15:07,156 --> 00:15:11,118
I'll put together five
prosecutors and we'll review it.
294
00:15:25,549 --> 00:15:27,509
They don't have
any smoking guns.
295
00:15:27,593 --> 00:15:30,679
Perhaps the most
important bit of information
296
00:15:30,763 --> 00:15:33,515
that the investigators were
looking at, at that time,
297
00:15:33,599 --> 00:15:36,810
was the Potsdam High School
security camera video
298
00:15:36,894 --> 00:15:39,980
that had a vehicle consistent
with Mr. Hillary's vehicle
299
00:15:40,064 --> 00:15:42,816
coming into the parking lot
at Potsdam High School.
300
00:15:44,234 --> 00:15:46,070
Fairlie:
Investigator, what, Gary Snell,
301
00:15:46,153 --> 00:15:48,322
who's the state trooper,
and Mark Murray.
302
00:15:48,405 --> 00:15:51,575
So the two showed up at my door
again to check in on me,
303
00:15:51,659 --> 00:15:53,869
and they were like,
"Can we come in?"
and I was like, "No."
304
00:15:53,952 --> 00:15:56,246
So they're just standing
in the doorway.
305
00:15:56,330 --> 00:15:58,999
They pulled out this laptop
and they're like,
306
00:15:59,083 --> 00:16:00,834
you know,
"We want to show you this video.
307
00:16:00,918 --> 00:16:04,088
Please know it's--
the timeline isn't right.
308
00:16:04,171 --> 00:16:05,923
It's just kind of unedited."
309
00:16:08,050 --> 00:16:09,718
"Okay, let's see it."
310
00:16:09,802 --> 00:16:12,221
So they're, you know,
you see this
311
00:16:12,304 --> 00:16:14,139
video of Nick's car pulling in.
312
00:16:14,223 --> 00:16:15,432
They're like,
"Do you recognize that car?"
313
00:16:15,516 --> 00:16:17,643
"Yeah, that's Nick's car."
314
00:16:17,726 --> 00:16:19,311
Then they split to
this different video
315
00:16:19,395 --> 00:16:20,896
and it's Garrett,
like, skateboarding.
316
00:16:20,979 --> 00:16:22,856
They're like,
"Do you recognize that?"
317
00:16:22,940 --> 00:16:24,692
I was like, "It's Garrett."
And they're like, "Great."
318
00:16:24,775 --> 00:16:26,610
And then they kind of
split to this other video
319
00:16:26,694 --> 00:16:28,862
and it's Nick leaving
and kind of always prefacing
320
00:16:28,946 --> 00:16:31,990
that this is not--
this isn't the final cut.
321
00:16:32,074 --> 00:16:34,368
And then, like, Nick leaves,
322
00:16:34,451 --> 00:16:36,745
and they're like,
"Well, what way would
he go to his house?"
323
00:16:36,829 --> 00:16:38,372
I was like,
"Well, he would take a right."
324
00:16:38,455 --> 00:16:40,374
And they're like,
"Well, he took a left."
325
00:16:40,457 --> 00:16:42,501
"Okay. How does this
make you feel?"
326
00:16:42,584 --> 00:16:44,086
You know, "After seeing this,
327
00:16:44,169 --> 00:16:45,921
does anything make
you think differently?
328
00:16:46,004 --> 00:16:48,090
Does it change it?"
"Doesn't do anything."
329
00:16:48,173 --> 00:16:50,008
And then it just kind of
stumbled and kept like,
330
00:16:50,092 --> 00:16:51,927
"What if he followed him down
this way? What if he did this?
331
00:16:52,010 --> 00:16:53,220
What if he did that?"
332
00:16:53,303 --> 00:16:55,514
I'm like, "Guys,
it just showed him
333
00:16:55,597 --> 00:16:57,015
pulling into the school
and leaving the school,
334
00:16:57,099 --> 00:16:58,726
and at one point Garrett."
335
00:16:58,809 --> 00:17:01,019
And just--
it didn't make me feel anything.
336
00:17:01,103 --> 00:17:03,564
For me that was
kind of the clincher.
337
00:17:03,647 --> 00:17:05,983
He followed Garrett Phillips
home that day.
338
00:17:06,066 --> 00:17:07,984
I mean, that's my
take on the video.
339
00:17:08,068 --> 00:17:09,862
That's--
how do you refute that?
340
00:17:09,944 --> 00:17:11,571
But we didn't have
a license plate.
341
00:17:11,655 --> 00:17:13,073
We didn't know
who was driving the car.
342
00:17:13,156 --> 00:17:15,200
We didn't know
who was in the car.
343
00:17:15,284 --> 00:17:17,327
Mortati:
It's not like "CSI."
It's not like the movies.
344
00:17:17,411 --> 00:17:19,829
Let's zoom in on the
license plate, or better yet,
345
00:17:19,913 --> 00:17:22,082
let's zoom in on the
person behind the wheel.
346
00:17:22,165 --> 00:17:23,959
Oh, that's Nick Hillary,
we got him.
347
00:17:24,041 --> 00:17:25,377
Doesn't work that way.
348
00:17:25,461 --> 00:17:28,630
Female Speaker:
The date is January 20th, 2014.
349
00:17:28,714 --> 00:17:31,633
The time is 10:08.
( inaudible )
350
00:17:31,717 --> 00:17:33,677
Tafari:
Mani Tafari for
Mr. Oral Nicholas Hillary.
351
00:17:33,761 --> 00:17:36,054
Mortati:
Thomas Mortati of Burke,
Scolamiero, Mortati,
352
00:17:36,138 --> 00:17:37,890
and Hurd, for the defendants.
353
00:17:37,973 --> 00:17:40,100
And I'm here with
Amanda Sherman of my office,
354
00:17:40,184 --> 00:17:42,644
as well as defendants
Edward Tischler
and Mark Murray.
355
00:17:42,728 --> 00:17:44,855
Mortati:
The civil suit is going
to be a game-changer,
356
00:17:44,938 --> 00:17:47,316
because the one person
they really wanted
to speak to the most,
357
00:17:47,399 --> 00:17:49,777
who basically said,
"I'm not talking
to you anymore,"
358
00:17:49,860 --> 00:17:52,863
on October 26th, is now not
only going to talk to them,
359
00:17:52,946 --> 00:17:54,782
but he's going
to do it under oath.
360
00:17:54,865 --> 00:17:56,116
Mortati:
Good morning, Mr. Hillary.
361
00:17:56,200 --> 00:17:57,701
As you know,
my name is Tom Mortati
362
00:17:57,785 --> 00:17:59,995
and I represent the
defendants in a lawsuit
363
00:18:00,078 --> 00:18:01,830
that you have brought.
364
00:18:01,914 --> 00:18:03,665
And we're going to be here
doing your deposition today.
365
00:18:03,749 --> 00:18:05,459
Just a couple of ground rules,
I know you and I...
366
00:18:05,542 --> 00:18:07,669
Mortati:
You can't make this stuff up.
367
00:18:07,753 --> 00:18:11,048
I've been working in
a civil career as an attorney
368
00:18:11,131 --> 00:18:14,009
doing defense work
of one kind or another.
369
00:18:14,092 --> 00:18:15,886
I've never,
ever come across anything
370
00:18:15,969 --> 00:18:19,848
even remotely similar to this,
nor likely will I ever.
371
00:18:19,932 --> 00:18:22,726
Mortati:
Monday, October 24, 2011,
372
00:18:22,810 --> 00:18:25,562
I want to start with
the beginning of the day.
373
00:18:25,646 --> 00:18:27,314
Do you recall when
you got up that day?
374
00:18:27,397 --> 00:18:29,358
Tafari:
Objection, relevance.
375
00:18:29,441 --> 00:18:32,486
I typically get up around
6:30 in the morning.
376
00:18:32,569 --> 00:18:34,154
Tafari:
People object for the record.
377
00:18:34,238 --> 00:18:37,366
If you look even at
the other side's deposition,
378
00:18:37,449 --> 00:18:39,868
Tom Mortati,
the attorney for the Village
379
00:18:39,952 --> 00:18:41,662
is objecting also quite a lot.
380
00:18:41,745 --> 00:18:43,413
Mortati:
What vehicle were
you driving, sir?
381
00:18:43,497 --> 00:18:44,790
Tafari:
Objection, relevance.
382
00:18:44,873 --> 00:18:46,500
I was driving my vehicle.
383
00:18:46,583 --> 00:18:48,710
Mortati:
What vehicle is that?
384
00:18:48,794 --> 00:18:50,546
A Honda.
385
00:18:50,629 --> 00:18:52,422
Mortati:
Can you tell me
the make and model--
386
00:18:52,506 --> 00:18:53,882
or rather the model and year?
387
00:18:53,966 --> 00:18:56,176
Tafari:
Objection, relevance.
388
00:18:56,260 --> 00:18:59,263
It's a CRV, 209.
389
00:19:01,473 --> 00:19:03,225
I was-- to be honest with you,
390
00:19:03,308 --> 00:19:04,685
I was, um,
391
00:19:04,768 --> 00:19:07,396
surprised that he was
even talking to me,
392
00:19:07,479 --> 00:19:09,356
first of all,
about any of this stuff.
393
00:19:09,439 --> 00:19:11,316
2009.
394
00:19:11,400 --> 00:19:13,068
Mortati:
Light blue?
395
00:19:13,151 --> 00:19:14,486
That is correct.
396
00:19:14,570 --> 00:19:17,072
I was pleased obviously.
397
00:19:17,155 --> 00:19:18,949
I mean, my job is
to defend the police.
398
00:19:19,032 --> 00:19:21,368
And again, my defense of
the police is essentially
399
00:19:21,451 --> 00:19:24,746
to investigate this crime
and prove that this guy did it.
400
00:19:24,830 --> 00:19:26,164
This is great,
and everyone's like,
401
00:19:26,248 --> 00:19:27,499
"Why is this great for you,
being sued?"
402
00:19:27,583 --> 00:19:28,709
Well, they have to--
403
00:19:28,792 --> 00:19:30,460
He finally has
to answer questions.
404
00:19:30,544 --> 00:19:32,004
Mortati:
Do you recall entering
405
00:19:32,087 --> 00:19:34,298
the Potsdam High School
parking lot with--
406
00:19:34,381 --> 00:19:37,968
In your vehicle that afternoon,
October 24th, 2011?
407
00:19:38,051 --> 00:19:39,678
Tafari:
Objection, relevance.
408
00:19:39,761 --> 00:19:41,555
Yes.
409
00:19:41,638 --> 00:19:44,224
Mortati:
Why were you going to
Potsdam High School that day?
410
00:19:44,308 --> 00:19:46,268
Tafari:
Objection, relevance.
411
00:19:46,351 --> 00:19:48,312
To watch a soccer game.
412
00:19:48,395 --> 00:19:50,606
Mortati:
And what did you do while
you were in the parking spot?
413
00:19:50,689 --> 00:19:51,982
Tafari:
Objection, relevance.
414
00:19:52,065 --> 00:19:53,442
Waiting for the rain to break.
415
00:19:53,525 --> 00:19:54,902
Mortati:
Did it break?
416
00:19:54,985 --> 00:19:56,194
No.
417
00:19:56,278 --> 00:19:58,071
Female Speaker:
And where did you go?
418
00:19:58,155 --> 00:19:59,239
I went home.
419
00:19:59,323 --> 00:20:00,490
Mortati:
Need a break?
420
00:20:00,574 --> 00:20:02,034
Tafari: Yeah.
421
00:20:02,117 --> 00:20:04,077
Mortati:
We took a break
after about two hours,
422
00:20:04,161 --> 00:20:06,371
and upstairs in the
Potsdam Police Department
423
00:20:06,455 --> 00:20:08,790
are several members of
the New York State Police.
424
00:20:08,874 --> 00:20:11,001
I went upstairs,
walked in and said,
425
00:20:11,084 --> 00:20:13,962
"Not only is he talking,
but he just put himself
426
00:20:14,046 --> 00:20:15,964
in that car in that
parking lot at that time."
427
00:20:16,048 --> 00:20:18,967
And they were all
absolutely amazed.
428
00:20:19,051 --> 00:20:21,845
And basically it was,
"Okay, get back down there.
429
00:20:21,929 --> 00:20:24,306
Keep asking him more questions."
( laughs )
430
00:20:24,389 --> 00:20:26,767
I have nothing to hide.
431
00:20:26,850 --> 00:20:28,644
But me talking to you
432
00:20:28,727 --> 00:20:32,522
versus talking to
a group of police officers,
433
00:20:32,606 --> 00:20:34,274
who's trying tricks and trades,
434
00:20:34,358 --> 00:20:36,985
it's two total different things.
435
00:20:37,069 --> 00:20:39,112
There's a stenographer
436
00:20:39,196 --> 00:20:41,531
who is taking down
what I'm saying.
437
00:20:41,615 --> 00:20:43,617
There is an attorney
438
00:20:43,700 --> 00:20:46,787
who have my best interest
at hand,
439
00:20:46,870 --> 00:20:48,413
who's here,
440
00:20:48,497 --> 00:20:51,333
and you're getting
to ask your questions.
441
00:20:51,416 --> 00:20:54,962
Mortati:
Mr. Hillary,
are you aware that, um,
442
00:20:55,045 --> 00:20:58,674
approximately seven seconds
before you left
443
00:20:58,757 --> 00:21:01,593
the Potsdam High School
parking lot onto Leroy Street,
444
00:21:01,677 --> 00:21:05,639
Garrett Phillips left
the Potsdam High School
parking lot onto Leroy Street?
445
00:21:05,722 --> 00:21:07,182
Tafari:
Objection, relevance.
446
00:21:07,265 --> 00:21:09,601
Calls for facts
not yet in evidence.
447
00:21:09,685 --> 00:21:11,269
No.
448
00:21:11,353 --> 00:21:12,854
Mortati:
And you didn't see
Garrett Phillips
449
00:21:12,938 --> 00:21:14,606
at all in that parking lot,
correct?
450
00:21:14,690 --> 00:21:17,067
Tafari:
Objection, asked and answered,
relevance.
451
00:21:17,150 --> 00:21:18,819
No.
452
00:21:20,821 --> 00:21:24,199
Mortati:
Mr. Hillary, are you aware
that Garrett Phillips
453
00:21:24,282 --> 00:21:27,160
turned left out of the
Potsdam High School parking lot
454
00:21:27,244 --> 00:21:29,663
that afternoon
as he left Potsdam High School?
455
00:21:29,746 --> 00:21:31,164
Tafari:
Objection, relevance.
456
00:21:31,248 --> 00:21:32,457
No.
457
00:21:32,541 --> 00:21:33,917
Mortati:
Are you aware, Mr. Hillary,
458
00:21:34,001 --> 00:21:35,544
that there is
security camera video
459
00:21:35,627 --> 00:21:37,295
that shows you turning left
460
00:21:37,379 --> 00:21:39,089
in the same direction
as Garrett Phillips
461
00:21:39,172 --> 00:21:41,466
exiting Potsdam High School
parking lot
462
00:21:41,550 --> 00:21:43,844
in your blue Honda CRV
that afternoon?
463
00:21:43,927 --> 00:21:46,388
Tafari:
Objection, relevance, assumed
facts not yet in evidence.
464
00:21:46,471 --> 00:21:47,556
No.
465
00:21:47,639 --> 00:21:48,724
Rain:
During the deposition
466
00:21:48,807 --> 00:21:50,350
the civil attorney Tom Mortati
467
00:21:50,434 --> 00:21:54,896
very masterfully walked
him through, painstakingly slow,
468
00:21:54,980 --> 00:21:57,524
a fantastic cross-examination
of exactly
469
00:21:57,607 --> 00:22:01,611
everything he did
on October 24th, 2011.
470
00:22:01,695 --> 00:22:03,572
Mortati:
If you turned left
out of the parking lot
471
00:22:03,655 --> 00:22:05,198
to go home to your apartment,
472
00:22:05,282 --> 00:22:06,742
what route did you take?
473
00:22:06,825 --> 00:22:08,118
Through his masterful job,
474
00:22:08,201 --> 00:22:09,911
along with the evidence
that we had,
475
00:22:09,995 --> 00:22:11,788
we were able to compile a case.
476
00:22:11,872 --> 00:22:15,292
Mortati:
And I believe you testified
in the 50-h examination
477
00:22:15,375 --> 00:22:17,127
that you went straight home
478
00:22:17,210 --> 00:22:20,422
after you left the Potsdam
High School that afternoon.
479
00:22:20,505 --> 00:22:24,051
He added the word, "Oh, you said
you went straight home."
480
00:22:24,134 --> 00:22:26,428
No, I didn't say that
I went straight home.
481
00:22:26,511 --> 00:22:28,346
I said I went home.
482
00:22:28,430 --> 00:22:29,723
Mortati:
Mr. Hillary,
483
00:22:29,806 --> 00:22:31,516
your apartment was to the right
484
00:22:31,600 --> 00:22:34,603
up Leroy Street from
Potsdam High School, correct?
485
00:22:34,686 --> 00:22:35,937
Yes.
486
00:22:36,021 --> 00:22:37,731
Mortati:
And you've told me under oath
487
00:22:37,814 --> 00:22:38,940
on two different occasions
488
00:22:39,024 --> 00:22:40,942
that you went home that day,
489
00:22:41,026 --> 00:22:42,527
leaving Potsdam High School
parking lot.
490
00:22:42,611 --> 00:22:44,237
- Correct?
- Yes.
491
00:22:44,321 --> 00:22:46,239
Mortati:
The fastest way for you
to get from your--
492
00:22:46,323 --> 00:22:47,741
from the Potsdam
High School parking Lot
493
00:22:47,824 --> 00:22:50,035
to your apartment
would be to turn right
494
00:22:50,118 --> 00:22:52,454
out of the parking lot
onto Leroy Street
495
00:22:52,537 --> 00:22:55,707
to go in the direction
of your apartment?
496
00:22:55,791 --> 00:22:57,626
- Woman: Do that one again.
- Mortati: Sure.
497
00:22:57,709 --> 00:23:00,712
And the fastest way for
you to get to your apartment,
498
00:23:00,796 --> 00:23:03,924
driving from
Potsdam High School,
499
00:23:04,007 --> 00:23:06,676
would be to exit the
parking lot and to turn right
500
00:23:06,760 --> 00:23:08,970
onto Leroy Street, correct?
501
00:23:09,054 --> 00:23:10,430
Yes.
502
00:23:14,017 --> 00:23:16,478
Mortati:
And if you made a left
out of that parking lot,
503
00:23:16,561 --> 00:23:20,607
and Garrett Phillips was on
the sidewalk on Leroy Street,
504
00:23:20,690 --> 00:23:24,820
approximately seven to eight
seconds ahead of you,
505
00:23:24,903 --> 00:23:27,280
is your testimony
you never saw him at any point
506
00:23:27,364 --> 00:23:29,032
while you were doing that?
507
00:23:29,116 --> 00:23:32,202
Tafari:
Objection, asked and answered,
compound.
508
00:23:32,285 --> 00:23:33,870
That is correct.
509
00:23:33,954 --> 00:23:36,248
They have made it seem as if
510
00:23:36,331 --> 00:23:39,751
I lived 200 miles away.
511
00:23:39,835 --> 00:23:42,879
I was not supposed
to be in that area.
512
00:23:42,963 --> 00:23:46,091
Typically if I make a
left out of the parking lot
513
00:23:46,174 --> 00:23:48,844
I would be checking in
with my assistant coach,
514
00:23:48,927 --> 00:23:50,345
who lived on Garden Street,
515
00:23:50,428 --> 00:23:52,222
which is what
I would normally do,
516
00:23:52,305 --> 00:23:53,682
- if I'm in the area.
- You did that afternoon?
517
00:23:53,765 --> 00:23:55,100
I cannot recall.
518
00:23:55,183 --> 00:23:57,519
You know, going to try
and see if he was home
519
00:23:57,602 --> 00:23:59,354
at that point in time
on my way home.
520
00:23:59,437 --> 00:24:01,690
It's normal, you know,
sometimes we often do things
521
00:24:01,773 --> 00:24:03,692
just because it's what
we consistently do.
522
00:24:03,775 --> 00:24:05,777
Mortati:
You don't recall whether
or not you stopped
523
00:24:05,861 --> 00:24:09,156
into Mr. Fairlie's apartment on
Garden Street that afternoon?
524
00:24:09,239 --> 00:24:11,032
That is correct.
525
00:24:18,081 --> 00:24:21,793
Mortati:
Just to be clear, you left
Potsdam High School parking lot
526
00:24:21,877 --> 00:24:23,920
- to go home, right?
- Hillary: Yes.
527
00:24:24,004 --> 00:24:27,048
Mortati:
But you have no recollection
as to whether or not...?
528
00:24:27,132 --> 00:24:30,552
The grand jury spent
over a four-day period
looking at the evidence,
529
00:24:30,635 --> 00:24:32,596
so there is a significant
amount of evidence.
530
00:24:32,679 --> 00:24:34,181
Male Reporter:
Rain says they have
both physical
531
00:24:34,264 --> 00:24:35,765
and circumstantial evidence,
532
00:24:35,849 --> 00:24:37,017
some that came out recently
533
00:24:37,100 --> 00:24:38,685
during Hillary's deposition
534
00:24:38,768 --> 00:24:40,562
from his civil suit against
the Village of Potsdam
535
00:24:40,645 --> 00:24:41,897
for defamation.
536
00:24:50,280 --> 00:24:52,324
I'm 100% innocent,
537
00:24:52,407 --> 00:24:55,160
100% innocent.
538
00:24:55,243 --> 00:24:56,661
That's all I have to say.
539
00:24:58,580 --> 00:25:02,250
Am I really living
in a dream right now,
540
00:25:02,334 --> 00:25:05,503
or this is really happening?
541
00:25:32,989 --> 00:25:37,244
Everything that could
have been done possible
542
00:25:37,327 --> 00:25:39,663
to prevent me
from getting my freedom
543
00:25:39,746 --> 00:25:43,583
by the district attorney's
office was done.
544
00:25:45,377 --> 00:25:47,462
For 70 days I was held in jail,
545
00:25:47,545 --> 00:25:49,130
and every time
there was a hearing
546
00:25:49,214 --> 00:25:54,261
something new would
come to the surface
547
00:25:54,344 --> 00:25:57,055
that required more time
to explore,
548
00:25:57,138 --> 00:25:58,682
which means I get to put--
549
00:25:58,765 --> 00:26:02,185
sent back to jail while
they let it get explored.
550
00:26:13,697 --> 00:26:18,076
To have lived that
for 70 days, you know,
551
00:26:18,159 --> 00:26:22,539
has definitely given me
552
00:26:22,622 --> 00:26:26,084
a certain level
of drive
553
00:26:26,167 --> 00:26:30,463
to fight and do whatever
it is for me to do
554
00:26:30,547 --> 00:26:33,675
not to see the walls
555
00:26:33,758 --> 00:26:36,845
of those environments
ever again.
556
00:26:38,596 --> 00:26:42,309
Finally the judge
decided, okay,
557
00:26:42,392 --> 00:26:44,185
pretty much
enough was enough.
558
00:26:57,157 --> 00:26:59,326
♪ Where did you
put your belt? ♪
559
00:26:59,409 --> 00:27:00,910
Child:
Right here.
560
00:27:00,994 --> 00:27:02,704
( humming )
561
00:27:02,787 --> 00:27:04,831
Hillary:
Okay. Please walk.
562
00:27:08,668 --> 00:27:09,753
Hillary:
Love you!
563
00:27:16,760 --> 00:27:20,055
Good morning.
Who's that?
564
00:27:20,138 --> 00:27:21,139
Shanna.
565
00:27:21,222 --> 00:27:22,223
Yeah!
566
00:27:22,307 --> 00:27:23,850
Shanna is awake, huh?
567
00:27:23,933 --> 00:27:24,893
Yes.
568
00:27:24,976 --> 00:27:26,603
Oh, we're grateful.
569
00:27:31,399 --> 00:27:33,526
Before the whole thing I was,
570
00:27:33,610 --> 00:27:36,446
like, friends with everybody,
you know, carefree.
571
00:27:36,529 --> 00:27:38,031
Well, I'm from around the area,
572
00:27:38,114 --> 00:27:40,033
and I know it's
a fantastic school.
573
00:27:40,116 --> 00:27:42,702
And I wanted to be part
of the community here.
574
00:27:42,786 --> 00:27:44,496
Now you have to be,
like, vigilant,
575
00:27:44,579 --> 00:27:46,498
and you have to pay attention
to everything.
576
00:27:46,581 --> 00:27:48,500
You can't say the wrong things,
577
00:27:48,583 --> 00:27:50,627
you can't talk to
the wrong people,
578
00:27:50,710 --> 00:27:53,588
you can't go to,
like, certain places.
579
00:28:00,762 --> 00:28:02,180
I'm part of his, like,
580
00:28:02,263 --> 00:28:04,307
"Where were you when
this whole thing went down?"
581
00:28:04,391 --> 00:28:07,018
So, I was with my dad
at that time.
582
00:28:07,102 --> 00:28:09,521
So they needed me to, like,
583
00:28:09,604 --> 00:28:12,399
cement that, that I was
where I was with him
584
00:28:12,482 --> 00:28:16,069
when whatever
was happening. So...
585
00:28:16,152 --> 00:28:18,279
Mortati:
Just so I understand
the chronology,
586
00:28:18,363 --> 00:28:21,116
your daughter arrived
home from school at
approximately 4:30,
587
00:28:21,199 --> 00:28:22,242
is that correct?
588
00:28:22,325 --> 00:28:23,410
Around 4:30.
589
00:28:23,493 --> 00:28:25,120
Well, that day
I had soccer practice,
590
00:28:25,203 --> 00:28:27,705
so I came home from soccer
and my dad was there.
591
00:28:27,789 --> 00:28:30,291
Mortati:
So if your daughter
arrived home
592
00:28:30,375 --> 00:28:34,421
at or about 4:30 p.m.
on that afternoon,
593
00:28:34,504 --> 00:28:36,464
then you would've left
for Potsdam High School
594
00:28:36,548 --> 00:28:41,469
at approximately
4:35 to 4:40 p.m.?
595
00:28:41,553 --> 00:28:43,179
Around there.
596
00:28:47,100 --> 00:28:49,769
Rain:
The last we see of Garrett
in the high school parking lot
597
00:28:49,853 --> 00:28:52,105
is at 4:52.
598
00:28:52,188 --> 00:28:57,152
And if we presume that he
went straight home afterwards
599
00:28:57,235 --> 00:28:59,154
it's about a six-minute ride
600
00:28:59,237 --> 00:29:03,450
going at the speed
he was going on his RipStik.
601
00:29:03,533 --> 00:29:06,369
He passed by
some hospital cameras.
602
00:29:17,714 --> 00:29:20,925
Nick Hillary
pulled out at 4:53.
603
00:29:21,009 --> 00:29:22,802
The call came in to
604
00:29:22,886 --> 00:29:26,222
the Village of Potsdam Police
Department at 5:08.
605
00:29:26,306 --> 00:29:28,558
Police Dispatch:
Potsdam Police,
Dispatcher Schneider.
606
00:29:28,641 --> 00:29:31,269
Vogel:
Hi, my name is Marissa Vogel,
and I have...
607
00:29:31,352 --> 00:29:33,396
Rain:
But you have to backtrack
a little bit because...
608
00:29:33,480 --> 00:29:35,190
Vogel:
...not sure if I should
call or not.
609
00:29:35,273 --> 00:29:37,859
...it's at least
two minutes that Sean Hall
610
00:29:37,942 --> 00:29:40,361
and Marissa Vogel took to stop,
611
00:29:40,445 --> 00:29:43,490
listen, and then determine
what they were going to do.
612
00:29:43,573 --> 00:29:46,826
So a very conservative estimate
would be two minutes.
613
00:29:46,910 --> 00:29:50,246
So now you're putting
the time of death at 5:06.
614
00:29:50,330 --> 00:29:53,166
So you have a very tight
timeline of 4:53
615
00:29:53,249 --> 00:29:56,377
when we last see Hillary
on the high school video,
616
00:29:56,461 --> 00:29:59,881
to 5:06 when we believe
the murder occurred.
617
00:29:59,964 --> 00:30:03,551
That would've given him enough
time to go down two blocks,
618
00:30:03,635 --> 00:30:05,094
park the car...
619
00:30:05,178 --> 00:30:08,139
And you have to remember,
he's extremely fit.
620
00:30:08,223 --> 00:30:11,559
He's not only got a six-pack,
he's got an eight-pack.
621
00:30:11,643 --> 00:30:13,561
He's very, very fit,
622
00:30:13,645 --> 00:30:17,732
and to jog two blocks
to get to Garrett's home
623
00:30:17,815 --> 00:30:21,444
wouldn't take but
45 seconds, max, for him.
624
00:30:21,528 --> 00:30:22,987
We believe he had a key.
625
00:30:23,071 --> 00:30:25,323
We believe he opened the door,
626
00:30:25,406 --> 00:30:28,326
Garrett recognized
that it was him,
627
00:30:28,409 --> 00:30:29,869
tried to push him back out,
628
00:30:29,953 --> 00:30:33,790
and then tried to retreat,
and he was murdered.
629
00:30:35,667 --> 00:30:37,627
Mortati:
And when you arrived
home at your apartment
630
00:30:37,710 --> 00:30:38,753
was anyone there?
631
00:30:38,836 --> 00:30:40,046
Yes.
632
00:30:40,129 --> 00:30:41,714
Mortati:
Your daughter, Shanna-Kay?
633
00:30:41,798 --> 00:30:43,800
- Tafari: Objection, relevance.
- Yes.
634
00:30:43,883 --> 00:30:46,386
Mortati:
What time did you arrive
back at your apartment?
635
00:30:46,469 --> 00:30:47,762
Tafari:
Objection, relevance.
636
00:30:47,845 --> 00:30:49,847
A few minutes before 5:00.
637
00:30:49,931 --> 00:30:52,225
Mortati:
How long did you remain
at your apartment?
638
00:30:53,518 --> 00:30:55,603
I was there until
shortly after 5:00.
639
00:30:55,687 --> 00:30:58,189
Mortati:
Well, now, when you say,
"Shortly after 5:00,"
640
00:30:58,273 --> 00:31:00,400
what do you mean?
641
00:31:00,483 --> 00:31:02,402
5:15.
642
00:31:02,485 --> 00:31:04,737
Mortati:
And when you say,
"A few minutes before 5:00,"
643
00:31:04,821 --> 00:31:07,407
in terms of when you arrived
there, what time was that?
644
00:31:07,490 --> 00:31:09,325
I'd say about five to 5:00.
645
00:31:09,409 --> 00:31:11,578
Mortati:
So you would've been
in your apartment
646
00:31:11,661 --> 00:31:13,454
for an approximate
20-minute span
647
00:31:13,538 --> 00:31:16,874
between 4:55 p.m.
and 5:15 p.m.?
648
00:31:16,958 --> 00:31:20,003
- Tafari: Objection, relevance.
- That is correct.
649
00:31:20,086 --> 00:31:22,547
Shanna-Kay Hillary:
Mary Rain was relentless
650
00:31:22,630 --> 00:31:24,340
during the whole
questioning part.
651
00:31:24,424 --> 00:31:27,468
She would ask me the same
question more than once,
652
00:31:27,552 --> 00:31:30,054
or try and word it
a little differently, or...
653
00:31:30,138 --> 00:31:32,807
At the end she would, like,
ask the same exact question,
654
00:31:32,890 --> 00:31:34,350
like, ten times,
and I was like,
655
00:31:34,434 --> 00:31:36,060
"I don't-- I don't know
what you want me to do.
656
00:31:36,144 --> 00:31:37,604
I'm not changing anything."
657
00:31:39,188 --> 00:31:40,273
Rain:
Here's how it goes.
658
00:31:40,356 --> 00:31:41,774
So they say to you,
659
00:31:41,858 --> 00:31:44,110
"I remember what I had
for dinner on June 30th,
660
00:31:44,193 --> 00:31:45,528
two years ago."
661
00:31:45,612 --> 00:31:48,656
Okay. "What did you have
for dinner on June 29th?"
662
00:31:48,740 --> 00:31:50,116
"I don't remember."
663
00:31:50,199 --> 00:31:52,285
"What did you have
for dinner on June 28th?"
664
00:31:52,368 --> 00:31:53,453
"I don't remember."
665
00:31:53,536 --> 00:31:55,455
"What did you have
for June 27th?"
666
00:31:55,538 --> 00:31:57,624
"I don't remember."
"But you remember what
you had on June 30th?
667
00:31:57,707 --> 00:31:59,459
Is that true?" "Yes."
668
00:31:59,542 --> 00:32:02,837
The lawyer at the time
made sure that I, like,
669
00:32:02,920 --> 00:32:05,840
had everything cemented
in my mind of, like,
what had happened that day,
670
00:32:05,923 --> 00:32:08,718
because I felt like he knew that
eventually I'd be brought in.
671
00:32:08,801 --> 00:32:11,512
We call it "walking them
up and down the ladder,"
672
00:32:11,596 --> 00:32:13,723
and that's what
he chastised me about.
673
00:32:13,806 --> 00:32:15,475
She was looking-- I don't know
what she was looking for,
674
00:32:15,558 --> 00:32:18,019
but she was, like,
digging hard for something.
675
00:32:18,102 --> 00:32:20,688
Tafari:
Well, there's no defense
attorney in the grand jury,
676
00:32:20,772 --> 00:32:22,815
so basically a DA
677
00:32:22,899 --> 00:32:24,984
can run rough-shot over
the proceedings,
678
00:32:25,068 --> 00:32:26,486
which is what happened.
679
00:32:26,569 --> 00:32:28,029
Marcoccia:
According to Judge Richards
680
00:32:28,112 --> 00:32:29,739
we do know that
when the district attorney,
681
00:32:29,822 --> 00:32:32,325
Mary Rain,
questioned Nick's daughter,
682
00:32:32,408 --> 00:32:33,993
who is one of his alibis,
683
00:32:34,077 --> 00:32:36,829
the judge had indicated
that she was badgering her,
684
00:32:36,913 --> 00:32:38,873
and asking her
inappropriate questions.
685
00:32:38,956 --> 00:32:40,750
Which is why
it was dismissed.
686
00:32:47,340 --> 00:32:49,384
( music playing )
687
00:32:54,806 --> 00:32:56,641
Female Reporter:
With the case again in limbo,
688
00:32:56,724 --> 00:32:59,102
the community keeps searching
for some resolution.
689
00:32:59,185 --> 00:33:01,729
Natasha Haverty was at
the remembrance gathering
690
00:33:01,813 --> 00:33:03,564
and has more.
691
00:33:03,648 --> 00:33:06,109
Haverty:
Justice for Garrett.
692
00:33:06,192 --> 00:33:07,735
Justice for Garrett.
693
00:33:07,819 --> 00:33:09,070
A lot has happened
694
00:33:09,153 --> 00:33:10,655
with that first word,
"justice,"
695
00:33:10,738 --> 00:33:12,240
in the past six months.
696
00:33:12,323 --> 00:33:14,659
One suspect was finally
arrested and arraigned,
697
00:33:14,742 --> 00:33:16,828
but the proceedings
were mishandled
698
00:33:16,911 --> 00:33:18,830
and charges were
later dismissed.
699
00:33:18,913 --> 00:33:22,709
But this evening, people
are here to remember Garrett.
700
00:33:22,792 --> 00:33:26,421
Are we ready?
One, two, three.
701
00:33:26,504 --> 00:33:28,756
All: Garrett!
702
00:33:28,840 --> 00:33:31,467
Haverty:
Yes, we were working on
this big investigative story,
703
00:33:31,551 --> 00:33:33,845
but we were also, as reporters
in the North Country,
704
00:33:33,928 --> 00:33:36,431
going to the balloon release
ceremony, you know,
705
00:33:36,514 --> 00:33:38,975
on the anniversary
of Garrett's death.
706
00:33:39,058 --> 00:33:42,353
We were also covering
small-town events
707
00:33:42,437 --> 00:33:46,065
that were each a tiny piece
of this bigger story.
708
00:33:46,149 --> 00:33:49,193
Like, I can't emphasize
that enough.
709
00:33:49,277 --> 00:33:52,655
Like, you are in the checkout
line with the defense attorney.
710
00:33:53,656 --> 00:33:55,742
That small-town thing is real.
711
00:33:58,953 --> 00:34:02,081
Pastor:
Father God, we stand in
your presence, Father.
712
00:34:02,165 --> 00:34:04,667
Male Speaker:
And as you gather here today,
remember this--
713
00:34:04,751 --> 00:34:09,297
through the power of
prayer, justice will be served.
714
00:34:17,764 --> 00:34:19,974
The judge indicated that
715
00:34:20,056 --> 00:34:21,893
there was sufficient evidence
to indict him,
716
00:34:21,976 --> 00:34:23,811
"I just think you
did these things wrong
717
00:34:23,895 --> 00:34:25,313
so I'm going to dismiss it."
718
00:34:25,396 --> 00:34:27,607
So we basically
provided the exact
719
00:34:27,690 --> 00:34:29,734
same presentation
the second time.
720
00:34:29,817 --> 00:34:31,569
Male Reporter:
Now, this is the second time
721
00:34:31,652 --> 00:34:33,946
Hillary has been indicted
for Phillips' death.
722
00:34:34,030 --> 00:34:36,532
Oral Nick Hillary was back
in a St. Lawrence County
courtroom Monday.
723
00:34:36,616 --> 00:34:39,118
Hillary was arraigned on a
charge of second-degree murder.
724
00:34:39,202 --> 00:34:41,621
Female Reporter:
The D.A.'s office
has until 30 days
725
00:34:41,704 --> 00:34:45,291
before trial to hand over
all photo and video evidence.
726
00:34:45,373 --> 00:34:46,958
Rain:
They're going to
find what I found.
727
00:34:47,043 --> 00:34:48,418
The video inculpates.
728
00:34:48,503 --> 00:34:50,379
That means it tends
to show that Nick--
729
00:34:50,463 --> 00:34:51,547
Oral Nicholas Hillary
730
00:34:51,630 --> 00:34:53,049
was at the crime scene,
731
00:34:53,132 --> 00:34:55,842
was present near
the time of the murder,
732
00:34:55,927 --> 00:34:59,806
and in fact is evidence that
he did murder Garrett Phillips.
733
00:34:59,889 --> 00:35:04,602
Hillary:
Whatever videotape they could
have gotten their hands on,
734
00:35:04,685 --> 00:35:07,688
the one thing that
I know deep inside,
735
00:35:07,772 --> 00:35:10,358
that it was not
going to reveal
736
00:35:10,441 --> 00:35:13,486
what they are trying
737
00:35:13,569 --> 00:35:15,655
to showcase to the public.
738
00:35:15,738 --> 00:35:18,074
So they figure
not having what they need,
739
00:35:18,157 --> 00:35:19,617
they're just going
to manipulate
740
00:35:19,700 --> 00:35:23,162
what they claim they have
to prove their theory.
741
00:35:23,246 --> 00:35:26,541
Tafari:
Justice for Garrett
is justice for Nick.
742
00:35:26,624 --> 00:35:29,252
But the prosecutors
in this case
743
00:35:29,335 --> 00:35:30,711
don't want to
solve this case.
744
00:35:30,795 --> 00:35:32,922
They want to get
a conviction from this case.
745
00:35:33,005 --> 00:35:35,883
Nick is seeking
the same truth
746
00:35:35,967 --> 00:35:38,886
that will set
Garrett's spirit free.
747
00:35:40,805 --> 00:35:43,015
Haverty:
When we had stories
about anything to do with
748
00:35:43,099 --> 00:35:44,767
the Garrett Phillips case--
749
00:35:44,851 --> 00:35:45,893
little ones,
I'm talking about, like,
750
00:35:45,977 --> 00:35:48,145
the bail hearing is set for,
751
00:35:48,229 --> 00:35:51,983
you know, June 30th--
752
00:35:52,066 --> 00:35:54,110
we would have to shut down
our comments every time.
753
00:35:54,193 --> 00:35:55,570
Every time.
754
00:35:55,653 --> 00:36:00,283
Because within an hour
of the story going online,
755
00:36:00,366 --> 00:36:02,076
to quote our web guy, like,
756
00:36:02,159 --> 00:36:05,371
"abusive, vitriolic comments."
757
00:36:05,454 --> 00:36:08,374
The most hateful speech
people are capable of.
758
00:36:12,837 --> 00:36:14,589
W.T. Eckert:
I remember leaving one
of the hearings
759
00:36:14,672 --> 00:36:18,009
and a lot of Nick's
supporters were there.
760
00:36:18,092 --> 00:36:22,263
And somebody yelled out,
"Why haven't we heard
anything about John Jones?"
761
00:36:22,346 --> 00:36:23,931
And that was the
first time I had heard
762
00:36:24,015 --> 00:36:26,350
the name "John Jones,"
and I didn't know who Jones was.
763
00:36:28,269 --> 00:36:30,605
A much better case could
have been put together
764
00:36:30,688 --> 00:36:34,650
again John Jones than
was put together against Nick.
765
00:36:34,734 --> 00:36:38,446
Marcoccia:
You know, we know that
his behavior was volatile.
766
00:36:38,529 --> 00:36:40,740
You know, Tandy knew that,
Nick knew that.
767
00:36:40,823 --> 00:36:43,409
You know, was that a
motivation for killing a boy?
I don't know.
768
00:36:43,492 --> 00:36:45,995
But it shows that maybe
you're slightly unhinged.
769
00:36:46,078 --> 00:36:48,664
There were allegations
that he was an angry man,
770
00:36:48,748 --> 00:36:50,917
a racist guy, and that
the love of his life
771
00:36:51,000 --> 00:36:52,960
was now sleeping
with a black man.
772
00:36:53,044 --> 00:36:54,837
You know, listening to this and
trying to process this stuff,
773
00:36:54,921 --> 00:36:58,799
like, why would this
former boyfriend go after,
774
00:36:58,883 --> 00:37:00,927
you know, this boy?
775
00:37:01,010 --> 00:37:01,928
Talk about defamatory.
776
00:37:02,011 --> 00:37:05,306
The defense team had maligned
777
00:37:05,389 --> 00:37:07,433
John Jones for years,
778
00:37:07,516 --> 00:37:09,685
years leading into this thing.
779
00:37:12,063 --> 00:37:13,522
Tafari:
She actually wrote a complaint
780
00:37:13,606 --> 00:37:15,608
ten months before Garrett died,
781
00:37:15,691 --> 00:37:19,028
stating that,
"Because of Deputy John Jones
782
00:37:19,111 --> 00:37:21,906
I fear for the safety
of my children."
783
00:37:24,075 --> 00:37:26,285
John Jones:
I didn't get
the statement directly,
784
00:37:26,369 --> 00:37:29,705
I got it indirectly
from my boss.
785
00:37:29,789 --> 00:37:31,707
And I read it,
and I said to my boss,
786
00:37:31,791 --> 00:37:34,126
I go, "That's not
Tandy's writing."
787
00:37:34,210 --> 00:37:35,544
And it was typed.
788
00:37:35,628 --> 00:37:37,505
And he's like,
"How do you know that?"
789
00:37:37,588 --> 00:37:40,007
I go, "Because Tandy doesn't
know the definition
790
00:37:40,091 --> 00:37:41,509
of some of these words in here."
791
00:37:41,592 --> 00:37:44,470
I go, "so there's no way
that she wrote this."
792
00:37:44,553 --> 00:37:48,391
And he's like,
"Well, that's interesting."
793
00:37:48,474 --> 00:37:53,062
I said... I go, "We'll find out
someday who wrote this,"
794
00:37:53,145 --> 00:37:54,522
I go, "Because Tandy didn't."
795
00:37:54,605 --> 00:37:55,940
If you write
four different letters,
796
00:37:56,023 --> 00:37:57,316
sign four different letters,
797
00:37:57,400 --> 00:37:58,651
and send it to
four different people
798
00:37:58,734 --> 00:38:00,444
after getting it notarized,
799
00:38:00,528 --> 00:38:01,779
that's the truth.
800
00:38:01,862 --> 00:38:03,030
Within the body of the letter
801
00:38:03,114 --> 00:38:04,865
Tandy states that
John Jones sent her
802
00:38:04,949 --> 00:38:06,993
threatening text messages.
803
00:38:07,076 --> 00:38:11,372
Tandy also says that Jones sued
her in small claims court
804
00:38:11,455 --> 00:38:14,208
as retaliation for dating Nick.
805
00:38:14,291 --> 00:38:17,545
Recording:
The time, 6:16 p.m.
806
00:38:31,392 --> 00:38:32,435
Police Dispatch: Mm-hmm.
807
00:38:44,947 --> 00:38:46,699
Jones: Sure.
808
00:38:46,782 --> 00:38:49,577
( inaudible
background conversation )
809
00:39:01,672 --> 00:39:02,590
Jones: Yeah.
810
00:39:02,673 --> 00:39:03,924
Police Dispatch: Okay.
811
00:39:04,008 --> 00:39:05,301
They were together
from the beginning,
812
00:39:05,384 --> 00:39:07,011
and then they spent
the night together,
813
00:39:07,094 --> 00:39:08,929
and then at the police station
the next morning they said,
814
00:39:09,013 --> 00:39:10,931
"We're not speaking to you guys
without being together."
815
00:39:13,350 --> 00:39:15,561
Haverty:
You have someone
who now we know
816
00:39:15,644 --> 00:39:18,064
was a suspect at
some point, John Jones,
817
00:39:18,147 --> 00:39:21,650
holding the hand
of Tandy Cyrus,
818
00:39:21,734 --> 00:39:26,322
sitting across the desk from
his buddy, Mark Murray.
819
00:39:26,405 --> 00:39:29,200
So my thoughts are, like,
820
00:39:29,283 --> 00:39:30,993
"This is really messy."
821
00:39:32,828 --> 00:39:35,247
When we learned about that,
reading those depositions,
822
00:39:35,331 --> 00:39:38,959
it was just another kind of
step on this road of,
823
00:39:39,043 --> 00:39:42,755
okay, we need to
talk about John Jones.
824
00:39:42,838 --> 00:39:46,717
There's no denying that he
took part in the investigation.
825
00:39:46,801 --> 00:39:48,886
He helped in the investigation.
826
00:39:50,513 --> 00:39:52,640
Mike Murray:
There was nothing that
he hid from us,
827
00:39:52,723 --> 00:39:55,518
or there's no level
of cooperation that
he didn't go to
828
00:39:55,601 --> 00:39:57,311
to try to help
the investigation.
829
00:39:57,394 --> 00:40:00,314
He cooperated 110%,
provided his DNA sample,
830
00:40:00,397 --> 00:40:03,734
fingerprints,
let us photograph his body.
831
00:40:03,818 --> 00:40:05,778
Tafari:
So the person of John Jones,
832
00:40:05,861 --> 00:40:09,740
here we see no face shots,
833
00:40:09,824 --> 00:40:11,784
no dehumanizing--
834
00:40:11,867 --> 00:40:14,787
Still has his tie on,
835
00:40:14,870 --> 00:40:17,039
so nothing for anyone
to look at to even know
836
00:40:17,123 --> 00:40:20,960
who this picture of except
it says the person of Jones.
837
00:40:21,043 --> 00:40:22,628
So why bring in someone
838
00:40:22,711 --> 00:40:25,464
if these are the pictures
you're going to take?
839
00:40:25,548 --> 00:40:26,924
And if they're both suspects,
840
00:40:27,007 --> 00:40:28,759
why is the person of Jones
841
00:40:28,843 --> 00:40:32,054
so much different from
the person of Nick?
842
00:40:32,138 --> 00:40:34,890
And what's the difference
besides skin color?
843
00:40:48,070 --> 00:40:50,948
Haverty:
A big treasure trove
for us as reporters
844
00:40:51,031 --> 00:40:52,992
is the civil case.
845
00:40:53,075 --> 00:40:55,995
Because when Nick Hillary
filed that civil case,
846
00:40:56,078 --> 00:40:59,498
not long after
the investigation began,
847
00:40:59,582 --> 00:41:01,667
as for us reporters,
848
00:41:01,750 --> 00:41:04,378
that's all public documents,
you know?
849
00:41:04,461 --> 00:41:05,921
So all those depositions,
850
00:41:06,005 --> 00:41:09,049
all the testimony of
law enforcement saying,
851
00:41:09,133 --> 00:41:11,302
"We didn't have
physical evidence."
852
00:41:17,308 --> 00:41:19,685
To be able to read
a lot of officers
853
00:41:19,768 --> 00:41:23,147
that were involved in the case,
to see Ed Tischler's remarks,
854
00:41:23,230 --> 00:41:25,441
to see Mark Murray's remarks
855
00:41:25,524 --> 00:41:28,986
answering, "No, we didn't
have any physical evidence."
856
00:41:33,115 --> 00:41:34,617
I mean,
it's interesting to think
857
00:41:34,700 --> 00:41:37,578
that the first theory
before Nick Hillary even,
858
00:41:37,661 --> 00:41:38,913
as we've heard in the calls,
859
00:41:38,996 --> 00:41:41,832
is some kids were
getting rowdy, you know?
860
00:41:41,916 --> 00:41:44,335
And something happened
with kids.
861
00:41:46,045 --> 00:41:49,298
Well, those kids' fingerprints
aren't in the database.
862
00:41:54,845 --> 00:41:56,931
My last story...
863
00:41:57,014 --> 00:41:58,891
for North Country Public Radio
864
00:41:58,974 --> 00:42:01,185
was this story.
865
00:42:01,268 --> 00:42:03,354
It sounds weird and paranoid,
866
00:42:03,437 --> 00:42:06,023
but it wasn't a coincidence
867
00:42:06,106 --> 00:42:08,567
that we aired it
when I left town.
868
00:42:10,653 --> 00:42:12,738
At the time
it was a big thing
869
00:42:12,821 --> 00:42:15,908
to air anything
about John Jones.
870
00:42:15,991 --> 00:42:18,035
Haverty ( recording ):
John Jones is still
a deputy sheriff,
871
00:42:18,118 --> 00:42:22,039
and again, Jones was at some
point considered a suspect,
872
00:42:22,122 --> 00:42:25,709
all of which raises
big questions about trust,
873
00:42:25,793 --> 00:42:27,253
about public safety,
874
00:42:27,336 --> 00:42:30,047
about what it means when
a local police officer
875
00:42:30,130 --> 00:42:34,301
was also a suspect in a murder
that's under investigation.
876
00:42:34,385 --> 00:42:36,053
Haverty:
It was a big thing to...
877
00:42:36,136 --> 00:42:38,973
kind of uncover these
declarative statements
878
00:42:39,056 --> 00:42:40,307
from multiple people saying,
879
00:42:40,391 --> 00:42:42,559
"We have no DNA evidence."
880
00:42:42,643 --> 00:42:44,103
We kept thinking,
881
00:42:44,186 --> 00:42:47,273
"How many other cases are there
like this around the country?"
882
00:42:47,356 --> 00:42:48,816
If anything, I think we thought,
883
00:42:48,899 --> 00:42:50,943
"This must happen
more than we know."
884
00:42:51,026 --> 00:42:53,946
When national media
started paying attention
885
00:42:54,029 --> 00:42:57,324
it was just really affirming
for us as journalists of,
886
00:42:57,408 --> 00:43:00,911
wow, this thing that
we followed our curiosity on,
887
00:43:00,995 --> 00:43:03,706
or that raised some
big questions for
us in our community,
888
00:43:03,789 --> 00:43:05,624
is somehow universal enough
889
00:43:05,708 --> 00:43:07,459
that it applies to big questions
890
00:43:07,543 --> 00:43:09,336
the whole country
might be facing.
891
00:43:09,420 --> 00:43:12,256
If the facts had
been exactly as they are,
892
00:43:12,339 --> 00:43:15,217
but Nick Hillary had been white,
893
00:43:15,301 --> 00:43:19,013
would the "New York Times" be
covering this story as it has?
894
00:43:19,096 --> 00:43:21,724
Well, I think you have
to step back a second
895
00:43:21,807 --> 00:43:24,351
and look at what's going on
in the country right now.
896
00:43:24,435 --> 00:43:27,229
The issues of race
and law enforcement,
897
00:43:27,313 --> 00:43:29,148
it is something that
people are talking about,
898
00:43:29,231 --> 00:43:31,275
it's something people
are concerned about.
899
00:43:31,358 --> 00:43:34,486
It is through the information
we got in the civil suit
900
00:43:34,570 --> 00:43:37,489
that the media took a
real interest, before, right?
901
00:43:37,573 --> 00:43:40,784
Most time media take
interest after someone's been
wrongfully convicted, right?
902
00:43:40,868 --> 00:43:42,828
And the person's sitting
there for 25 years.
903
00:43:42,911 --> 00:43:45,205
Hillary's been very
fortunate and very blessed
904
00:43:45,289 --> 00:43:48,292
in not just having information
but in having friends.
905
00:43:48,375 --> 00:43:50,169
Marcoccia:
A lot of people
empathize with him.
906
00:43:50,252 --> 00:43:52,838
Sarah Johnson and Greg
are perfect examples of that.
907
00:43:59,219 --> 00:44:00,804
Male Reporter:
Hillary's new lead attorneys
908
00:44:00,888 --> 00:44:03,057
are criminal defense lawyer
Earl Ward
909
00:44:03,140 --> 00:44:06,727
and civil rights
lawyer Norman Siegel
out of New York City.
910
00:44:06,810 --> 00:44:09,730
The two have consulted
in the case since the fall.
911
00:44:21,617 --> 00:44:23,243
Norman Siegel:
How did I get involved?
912
00:44:23,327 --> 00:44:25,037
"The Amsterdam News"
owner and publisher
913
00:44:25,120 --> 00:44:26,955
called me last summer and said,
914
00:44:27,039 --> 00:44:30,334
"Please come.
I want you to hear about a case.
915
00:44:30,417 --> 00:44:32,252
I'd like you to get involved."
916
00:44:32,336 --> 00:44:34,421
I said that
I would get involved.
917
00:44:34,505 --> 00:44:35,923
My one condition was
918
00:44:36,006 --> 00:44:38,175
that Earl Ward be
co-counsel with me.
919
00:44:38,258 --> 00:44:41,053
And then we made phone calls,
we talked to people.
920
00:44:41,136 --> 00:44:43,555
Everything we've been told
921
00:44:43,639 --> 00:44:45,766
is totally in opposite
922
00:44:45,849 --> 00:44:48,560
to what the prosecution
is trying to make
923
00:44:48,644 --> 00:44:50,437
Nick Hillary out to be.
924
00:44:50,521 --> 00:44:53,065
Earl Ward:
I think Pete has
the same sort of view here.
925
00:44:53,148 --> 00:44:56,235
I've known Nick
for over two years now.
926
00:44:58,320 --> 00:45:00,989
It's always been
a calm conversation.
927
00:45:01,073 --> 00:45:05,744
In fact, when you discuss
how people are vilifying him
928
00:45:05,828 --> 00:45:08,664
in social media,
how they're calling him names,
929
00:45:08,747 --> 00:45:13,502
not once has he erupted
in anger like you'd expect.
930
00:45:13,585 --> 00:45:16,422
He's just calmly said,
"The truth will come out.
931
00:45:16,505 --> 00:45:20,759
I'm going to fight this,
and I'm not going
to do it that way."
932
00:45:20,843 --> 00:45:22,803
Peter Dumas:
I know that there
are some people
933
00:45:22,886 --> 00:45:24,972
who are very charged
about this case,
934
00:45:25,055 --> 00:45:28,058
and people that
were friends of mine
935
00:45:28,142 --> 00:45:31,645
that don't really talk
to me right now.
936
00:45:31,728 --> 00:45:34,356
You know,
and they may not ever again,
937
00:45:34,440 --> 00:45:36,567
no matter how this case goes.
938
00:45:44,783 --> 00:45:46,952
Male Reporter:
This is news from
North Country Public Radio.
939
00:45:47,035 --> 00:45:48,454
Female Reporter:
Thanks very much.
940
00:45:48,537 --> 00:45:49,913
We're sorting out
the latest turn
941
00:45:49,997 --> 00:45:51,623
in the Garrett Phillips
murder case.
942
00:45:51,707 --> 00:45:53,542
Female Reporter:
District Attorney
Mary Rain says
943
00:45:53,625 --> 00:45:55,461
DNA evidence points the finger
944
00:45:55,544 --> 00:45:58,672
directly at accused killer
Nick Hillary.
945
00:46:00,549 --> 00:46:02,342
Mark Murray,
who's lead investigator,
946
00:46:02,426 --> 00:46:03,969
testified under oath.
947
00:46:04,052 --> 00:46:05,512
There was no
fingerprints match.
948
00:46:05,596 --> 00:46:07,139
There was no DNA match.
949
00:46:07,222 --> 00:46:08,765
There was no eyewitnesses.
950
00:46:08,849 --> 00:46:10,350
They basically had no case.
951
00:46:10,434 --> 00:46:12,144
And then all of a sudden
years and years later
952
00:46:12,227 --> 00:46:13,520
Fitzpatrick comes
on the case,
953
00:46:13,604 --> 00:46:15,105
you know,
takes a lead role,
954
00:46:15,189 --> 00:46:17,399
and all of a sudden
they have this DNA match.
955
00:46:21,987 --> 00:46:24,907
The STRmix concluded
very, very simply
956
00:46:24,990 --> 00:46:27,826
that the DNA mixture
957
00:46:27,910 --> 00:46:30,746
under Garrett Phillips'
fingernails,
958
00:46:30,829 --> 00:46:32,498
one of them was
Garrett Phillips,
959
00:46:32,581 --> 00:46:35,375
and the other was
a partial profile
960
00:46:35,459 --> 00:46:38,587
of a individual
961
00:46:38,670 --> 00:46:42,966
who in likelihood ratio terms
962
00:46:43,050 --> 00:46:46,386
was millions of times
more likely
963
00:46:46,470 --> 00:46:50,516
to be Nick Hillary
than a random stranger.
964
00:46:53,644 --> 00:46:55,437
We knew that something
was so suspicious with it
965
00:46:55,521 --> 00:46:58,315
because we knew it had
been tested at the lab.
966
00:46:58,398 --> 00:47:00,609
We knew they had
100-and-something samples,
nothing matched.
967
00:47:00,692 --> 00:47:02,444
Now how all of a sudden
they got this match?
968
00:47:02,528 --> 00:47:04,071
Peter:
I think that they, uh...
969
00:47:04,154 --> 00:47:06,198
they pounded and pounded
and pounded
970
00:47:06,281 --> 00:47:08,283
until they got that
square peg in the round hole.
971
00:47:08,367 --> 00:47:11,828
Fitzpatrick:
The last physical act
the kid does
972
00:47:11,912 --> 00:47:14,665
is try to tell us who did it,
973
00:47:14,748 --> 00:47:17,042
scratch Hillary's
face somewhere.
974
00:47:17,125 --> 00:47:20,212
Not deep enough
to cause scratching.
975
00:47:20,295 --> 00:47:22,089
You know, he's not thinking,
976
00:47:22,172 --> 00:47:24,174
"I'm going to leave this guy's
DNA under his fingernails,"
977
00:47:24,258 --> 00:47:25,884
but I'm speaking metaphorically.
978
00:47:31,390 --> 00:47:33,058
Ward:
We've all heard the phrase that
979
00:47:33,141 --> 00:47:35,519
DNA is the finger of God
pointing at the accused.
980
00:47:35,602 --> 00:47:37,145
This is not that case.
981
00:47:37,229 --> 00:47:39,565
This is the finger
of a statistician
982
00:47:39,648 --> 00:47:40,857
pointing at Nick Hillary,
983
00:47:40,941 --> 00:47:43,610
and that is not what
DNA should be all about.
984
00:47:43,694 --> 00:47:45,946
Clint:
What we're talking about
is a very, very,
985
00:47:46,029 --> 00:47:47,864
very small amount of DNA.
986
00:47:47,948 --> 00:47:50,325
Jesse McKinley:
DNA has this mythology
of being infallible.
987
00:47:50,409 --> 00:47:53,745
If you watch "CSI,"
you know, it is that thing.
988
00:47:53,829 --> 00:47:55,414
It is, "Oh, well,
we've got the evidence.
989
00:47:55,497 --> 00:47:57,124
It's right here on the DNA."
990
00:47:57,207 --> 00:48:00,460
And I think
particularly for jurors
991
00:48:00,544 --> 00:48:02,713
who are probably not accustomed
992
00:48:02,796 --> 00:48:05,215
to kind of
high-scientific theory,
993
00:48:05,299 --> 00:48:07,884
this is--
this is a smoking gun.
994
00:48:07,968 --> 00:48:09,761
If the jury has to hear it,
I mean, I--
995
00:48:09,845 --> 00:48:11,888
Hillary:
I mean, to sit here
and tell you I'm scared
996
00:48:11,972 --> 00:48:13,807
would be an understatement.
997
00:48:13,890 --> 00:48:17,978
I mean, some of the lawyers
don't even understand,
998
00:48:18,061 --> 00:48:20,897
much less a lay juror.
999
00:48:20,981 --> 00:48:23,358
Male Reporter:
Hillary's trial is scheduled
1000
00:48:23,442 --> 00:48:25,902
to start September 6th
in Canton.
1001
00:48:25,986 --> 00:48:28,405
What was already considered
a tough case
1002
00:48:28,488 --> 00:48:31,408
for the prosecution to prove
just got even tougher.
1003
00:48:31,491 --> 00:48:34,703
Male Reporter:
Some very complex DNA test
results will not be allowed.
1004
00:48:34,786 --> 00:48:36,955
Female Reporter:
It might've been key evidence
1005
00:48:37,039 --> 00:48:39,833
in the upcoming
Nick Hillary murder trial.
1006
00:48:39,916 --> 00:48:42,961
Now a judge has
tossed it out of court.
1007
00:48:58,477 --> 00:49:00,354
We find the DNA-- not find,
1008
00:49:00,437 --> 00:49:03,899
but find an expert
that can testify
1009
00:49:03,982 --> 00:49:06,735
as to the significance
of the DNA evidence,
1010
00:49:06,818 --> 00:49:08,862
and, um...
1011
00:49:08,945 --> 00:49:10,614
it winds up getting thrown out.
1012
00:49:13,241 --> 00:49:15,202
Dumas:
You know,
Nick is really excited,
1013
00:49:15,285 --> 00:49:18,872
but he's also worried because
we still have a trial date.
1014
00:49:18,955 --> 00:49:22,751
Having done over 100 trials,
I know one thing,
1015
00:49:22,834 --> 00:49:25,671
is that anything can happen
in front of a jury.
1016
00:49:32,511 --> 00:49:37,057
Siegel:
Ms. Shanna-Kay,
my name's Norman Siegel.
1017
00:49:37,140 --> 00:49:38,558
- You know me, Earl Ward.
- ( laughs )
1018
00:49:38,642 --> 00:49:40,560
- And you know this guy, right?
- Dumas: Yep.
1019
00:49:40,644 --> 00:49:44,064
This is all in preparation
for the trial.
1020
00:49:44,147 --> 00:49:47,818
And we are giving
serious consideration
1021
00:49:47,901 --> 00:49:50,195
to calling you
as one of our witnesses.
1022
00:49:50,278 --> 00:49:53,657
So you've been through
this before a little,
1023
00:49:53,740 --> 00:49:54,658
- right?
- Yes.
1024
00:49:54,741 --> 00:49:56,159
You testified
in the grand jury
1025
00:49:56,243 --> 00:49:57,536
on two occasions,
right?
1026
00:49:57,619 --> 00:49:59,204
- Yes.
- You told the truth.
1027
00:49:59,287 --> 00:50:01,707
All we're looking for
is the truth from you.
1028
00:50:01,790 --> 00:50:04,751
And again, I think you're going
to make a terrific witness,
1029
00:50:04,835 --> 00:50:07,629
so, you know,
just don't be nervous as we,
1030
00:50:07,713 --> 00:50:09,715
you know, go through this.
1031
00:50:09,798 --> 00:50:10,924
- Okay.
- All right?
1032
00:50:11,007 --> 00:50:12,134
- Okay.
- You look nervous.
1033
00:50:12,217 --> 00:50:13,927
- I'm just a little nervous.
- ( laughs )
1034
00:50:14,010 --> 00:50:15,512
- Ward: Why are you a little--
- S. Hillary: I'm just nervous.
1035
00:50:15,595 --> 00:50:16,596
I don't really have,
like, a reason.
1036
00:50:16,680 --> 00:50:18,432
It's just what
happens every time.
1037
00:50:18,515 --> 00:50:19,683
I just get a little nervous.
1038
00:50:19,766 --> 00:50:21,893
Ward:
Okay.
1039
00:50:21,977 --> 00:50:23,937
N. Hillary:
They have no idea.
1040
00:50:24,020 --> 00:50:26,189
Truly no idea,
1041
00:50:26,273 --> 00:50:28,567
the negative impact
1042
00:50:28,650 --> 00:50:30,235
they have...
1043
00:50:32,571 --> 00:50:36,074
imposed and put upon my kids.
1044
00:50:50,213 --> 00:50:52,632
My two oldest are
1045
00:50:52,716 --> 00:50:55,677
good with their knowledge
with what's going on.
1046
00:50:55,761 --> 00:50:58,472
So, you know, with me saying,
"Hey, I'm going off.
1047
00:50:58,555 --> 00:51:01,600
I'm going to address this
situation once and for all."
1048
00:51:01,683 --> 00:51:03,643
They're good.
The two youngest,
1049
00:51:03,727 --> 00:51:07,606
they're still not as cognitive
to understand the big picture.
1050
00:51:07,689 --> 00:51:09,107
Not too hard.
1051
00:51:11,485 --> 00:51:13,028
Let me see. Yeah.
1052
00:51:14,196 --> 00:51:15,781
You know, but for Elijah,
1053
00:51:15,864 --> 00:51:19,701
he's really at
that stage where,
1054
00:51:19,785 --> 00:51:21,953
you know, he needs answers,
1055
00:51:22,037 --> 00:51:24,748
and he will ask questions.
1056
00:51:27,542 --> 00:51:29,836
Man on phone:
( inaudible )
1057
00:51:33,882 --> 00:51:35,509
Yeah, exactly, exactly,
1058
00:51:35,592 --> 00:51:38,011
exactly, exactly.
1059
00:51:38,094 --> 00:51:40,430
You know what I'm saying,
you know, I mean,
1060
00:51:40,514 --> 00:51:43,350
that's all we need
is just good eyes,
1061
00:51:43,433 --> 00:51:47,312
you know, for look over
all the necessary moving parts
1062
00:51:47,395 --> 00:51:48,980
and see where we're going.
1063
00:51:49,064 --> 00:51:53,151
Man on phone:
Yeah, man. Yeah, man.
1064
00:51:53,235 --> 00:51:54,444
(Inaudible) me, bro.
1065
00:51:54,528 --> 00:51:55,862
N. Hillary:
Yes, starting to look good,
1066
00:51:55,946 --> 00:51:58,532
starting to look good,
you know?
1067
00:51:58,615 --> 00:51:59,825
Man on phone:
(Inaudible)
1068
00:51:59,908 --> 00:52:01,284
- All right, one love.
- Yeah, man.
1069
00:52:01,368 --> 00:52:02,869
Yes, yes.
1070
00:52:03,995 --> 00:52:05,372
( phone beeps )
1071
00:52:12,128 --> 00:52:13,296
Yeah, so,
1072
00:52:13,380 --> 00:52:17,592
you know, back again.
1073
00:52:33,149 --> 00:52:35,318
N. Hillary:
All right. All right, come on.
1074
00:52:35,402 --> 00:52:37,237
Elijah, let's go.
1075
00:52:38,947 --> 00:52:40,490
Are you leaving tomorrow?
1076
00:52:40,574 --> 00:52:44,077
No, no, no.
1077
00:52:44,160 --> 00:52:48,915
Yeah, I know I gotta go back up
in a couple days, right?
1078
00:52:48,999 --> 00:52:50,458
- Yeah.
- Huh?
1079
00:52:50,542 --> 00:52:51,585
Why?
1080
00:52:51,668 --> 00:52:54,254
Up back to the North Country,
you know,
1081
00:52:54,337 --> 00:52:56,256
I've got to have some
stuff to finish up.
1082
00:52:56,339 --> 00:52:57,591
Wait, can I come?
1083
00:52:57,674 --> 00:52:59,259
- If you could come?
- Yeah.
1084
00:52:59,342 --> 00:53:00,927
Well, maybe on the weekends
1085
00:53:01,011 --> 00:53:03,597
when you don't have school
you could come, you know,
1086
00:53:03,680 --> 00:53:06,766
or I will come down, you know?
1087
00:53:06,850 --> 00:53:08,852
No need to worry, okay?
1088
00:53:08,935 --> 00:53:10,437
Can I come?
1089
00:53:10,520 --> 00:53:13,189
No, because you've got
to be here to go to school.
1090
00:53:13,273 --> 00:53:14,816
Yeah, I know.
1091
00:53:14,900 --> 00:53:18,486
But a day before
the school starts
1092
00:53:18,570 --> 00:53:20,405
can we come with you?
1093
00:53:21,990 --> 00:53:23,783
That's not going
to be feasible.
1094
00:53:23,867 --> 00:53:25,994
You are just really...
(inaudible)
1095
00:53:26,077 --> 00:53:28,246
Okay?
1096
00:53:29,664 --> 00:53:32,459
(inaudible)
1097
00:53:32,542 --> 00:53:35,462
It's not going to be
possible for that to work out.
1098
00:53:35,545 --> 00:53:37,130
Oh, okay.
1099
00:53:37,213 --> 00:53:38,214
- Okay?
- Yeah.
1100
00:53:38,298 --> 00:53:39,883
- All right.
- You'll see?
1101
00:53:39,966 --> 00:53:41,468
Yeah, I'll see.
1102
00:53:41,551 --> 00:53:43,053
( whispers ) Goodnight.
1103
00:53:43,136 --> 00:53:45,388
Goodnight.
1104
00:53:45,472 --> 00:53:47,140
Yeah.
1105
00:53:47,223 --> 00:53:49,100
- Child: Daddy, (inaudible)?
- Yes.
1106
00:53:49,184 --> 00:53:50,435
Child:
Okay.
1107
00:53:50,518 --> 00:53:52,354
Okay. All right.
1108
00:53:52,437 --> 00:53:54,189
Love you.
1109
00:53:55,899 --> 00:53:57,817
Maybe, okay?
1110
00:53:59,986 --> 00:54:02,364
- Love you.
- Daddy, lay with me.
1111
00:54:02,447 --> 00:54:04,658
Okay, I'll come back later.
1112
00:54:12,958 --> 00:54:14,292
Vogel:
I think...
1113
00:54:14,376 --> 00:54:18,171
having all of this
drawn out for so long
1114
00:54:18,254 --> 00:54:20,465
has affected us in that
1115
00:54:20,548 --> 00:54:23,927
it feels like a book
that needs to be closed,
1116
00:54:24,010 --> 00:54:25,178
and you can't close it yet
1117
00:54:25,261 --> 00:54:27,263
because you haven't
read that last page.
1118
00:54:27,347 --> 00:54:28,890
It feels unfinished,
1119
00:54:28,974 --> 00:54:32,560
and it's just hung
there over us.
1120
00:54:39,567 --> 00:54:41,277
Everybody is upset about this.
1121
00:54:41,361 --> 00:54:46,032
The poor child's family
has gone through a lot.
1122
00:54:46,116 --> 00:54:50,161
The community is in turmoil.
1123
00:54:50,245 --> 00:54:52,330
Just needs to be taken care of.
1124
00:54:55,458 --> 00:54:57,168
I mean, the evidence
is probably good,
1125
00:54:57,252 --> 00:55:00,046
it's just that they don't
like the way it was handled.
1126
00:55:01,047 --> 00:55:03,717
Yeah. It can't be used now.
1127
00:55:06,553 --> 00:55:09,222
With Hillary's
two-hour deposition,
1128
00:55:09,305 --> 00:55:12,308
I think things
were looking good.
1129
00:55:12,392 --> 00:55:14,561
You could ask
everybody in the world
1130
00:55:14,644 --> 00:55:16,771
where they were on the 24th
1131
00:55:16,855 --> 00:55:19,566
of that night...
1132
00:55:19,649 --> 00:55:21,359
that Garrett was taken.
1133
00:55:21,443 --> 00:55:22,819
They're not going to lie.
1134
00:55:22,902 --> 00:55:24,529
They're not going
to need to lawyer up.
1135
00:55:24,612 --> 00:55:26,281
They're going to not hide DNA.
1136
00:55:26,364 --> 00:55:28,658
One person killed him.
1137
00:55:30,368 --> 00:55:33,204
Woman:
The family has kept it
in front of all of us,
1138
00:55:33,288 --> 00:55:34,539
which they should.
1139
00:55:34,622 --> 00:55:36,541
for the last five years.
1140
00:55:36,624 --> 00:55:39,085
I'm hoping, as everyone else is,
1141
00:55:39,169 --> 00:55:42,756
that this is resolved
and that they do have proof,
1142
00:55:42,839 --> 00:55:44,924
and that there is something
that comes out--
1143
00:55:45,008 --> 00:55:47,594
Conviction comes out,
whether it's Nick or whomever,
1144
00:55:47,677 --> 00:55:50,472
but that they--
So they can put this to rest.
1145
00:55:56,853 --> 00:56:01,733
I'll feel awful if anything
that I've done, you know,
1146
00:56:01,816 --> 00:56:03,526
ends up hurting,
you know what I mean?
1147
00:56:03,610 --> 00:56:05,028
I mean, I don't know
how that works
1148
00:56:05,111 --> 00:56:06,321
in the court or the law.
1149
00:56:06,404 --> 00:56:09,115
You know, you can twist
things however you want.
1150
00:56:09,199 --> 00:56:12,577
( indistinct conversation )
1151
00:56:12,660 --> 00:56:15,038
Fairlie:
I'm just an average person.
1152
00:56:16,122 --> 00:56:17,916
I'm just in it.
1153
00:56:17,999 --> 00:56:20,960
Haverty:
This case has been
adjudicated on the streets,
1154
00:56:21,044 --> 00:56:22,754
and in the Price Choppers,
1155
00:56:22,837 --> 00:56:24,547
and in the parking lots,
1156
00:56:24,631 --> 00:56:26,508
for years.
1157
00:56:26,591 --> 00:56:28,551
Now this is a real trial.
1158
00:56:28,635 --> 00:56:30,428
This is really happening.
1159
00:56:33,348 --> 00:56:36,309
Dumas:
We were really worried
going into the jury process
1160
00:56:36,392 --> 00:56:40,814
that we were going
to run into a roadblock.
1161
00:56:40,897 --> 00:56:42,899
Woman:
The commissioner of jurors
told me that
1162
00:56:42,982 --> 00:56:45,610
1,000 people from
St. Lawrence County
1163
00:56:45,693 --> 00:56:47,445
have been summoned
for jury duty,
1164
00:56:47,529 --> 00:56:51,574
and that's four times
as many as usual.
1165
00:56:51,658 --> 00:56:54,077
Dumas:
We were worried that we
were going to have some very
1166
00:56:54,160 --> 00:56:57,956
opinionated people on the jury,
1167
00:56:58,039 --> 00:57:00,375
and we were worried that there
wasn't going to be one juror
1168
00:57:00,458 --> 00:57:03,002
in the courtroom who didn't know
anything about this case.
1169
00:57:03,086 --> 00:57:04,504
Turn around for me please.
1170
00:57:04,587 --> 00:57:06,673
( beeps )
1171
00:57:06,756 --> 00:57:07,924
Thank you, sir.
1172
00:57:08,007 --> 00:57:10,009
Everyone says they're
going to be fair.
1173
00:57:10,093 --> 00:57:11,803
You've just got
to sit back and decide
1174
00:57:11,886 --> 00:57:13,805
if this is the person
who really can be.
1175
00:57:13,888 --> 00:57:16,349
Rain:
I thought voir dire
went excellent.
1176
00:57:16,432 --> 00:57:19,686
We got ten jurors
the first pass.
1177
00:57:19,769 --> 00:57:21,688
One of the jurors I knew,
1178
00:57:21,771 --> 00:57:24,941
and I felt that
he would do a very fair job.
1179
00:57:25,024 --> 00:57:26,609
He would give both sides
a fair shake.
1180
00:57:26,693 --> 00:57:29,904
So I was very confident
that we had good ten jurors.
1181
00:57:31,739 --> 00:57:33,491
Dumas:
I drove all the way home.
1182
00:57:33,575 --> 00:57:37,036
I live about an hour away from
where the trial's happening.
1183
00:57:37,120 --> 00:57:40,540
I got home and I got the call
from Norm, and Earl, and Kate.
1184
00:57:40,623 --> 00:57:42,625
They said,
"God, you've got to come back.
1185
00:57:42,709 --> 00:57:44,210
We've got to talk about
this some more."
1186
00:57:44,294 --> 00:57:47,005
So dropped whatever I was doing,
hopped in my car,
1187
00:57:47,088 --> 00:57:48,840
and I drove back,
and we talked about it
1188
00:57:48,923 --> 00:57:51,384
for another
three or four hours.
1189
00:57:54,220 --> 00:57:55,972
Rain:
The defense came into chambers
1190
00:57:56,055 --> 00:57:58,850
looking like somebody
just kicked their puppy
in front of them.
1191
00:57:58,933 --> 00:58:01,936
And I had no idea why
they had such long faces.
1192
00:58:02,020 --> 00:58:04,355
And they were kind of hemming
and hawing, saying,
1193
00:58:04,439 --> 00:58:06,524
"We were up all night
talking to the defendant,"
1194
00:58:06,608 --> 00:58:08,109
and I thought,
"Is he going to plead?"
1195
00:58:08,193 --> 00:58:10,236
( laughs ) You know,
I didn't have any idea
1196
00:58:10,320 --> 00:58:12,030
what was going on.
1197
00:58:12,113 --> 00:58:14,490
You know, "He wants to do this,"
and I'm, like, "What is this?
1198
00:58:14,574 --> 00:58:16,034
What is this? Tell us."
1199
00:58:34,594 --> 00:58:38,181
Tafari:
Hillary chose himself
to go bench.
1200
00:58:46,648 --> 00:58:49,943
I would never classify
myself as a risk-taker,
1201
00:58:50,026 --> 00:58:54,239
you know, but after
the first round of seating
1202
00:58:54,322 --> 00:58:58,076
and there was just no one
1203
00:58:58,159 --> 00:59:02,038
who I can say with
great sense of comfort,
1204
00:59:02,121 --> 00:59:04,582
would be... (inaudible)
1205
00:59:06,626 --> 00:59:08,294
We'd actually found out
after the fact
1206
00:59:08,378 --> 00:59:10,797
that one of the jurors
was actually friends with--
1207
00:59:10,880 --> 00:59:11,965
That they had picked,
1208
00:59:12,048 --> 00:59:13,800
was friends with
the Phillips family.
1209
00:59:13,883 --> 00:59:15,551
It's too connected up there.
1210
00:59:15,635 --> 00:59:18,513
Everyone's too close
with the family.
1211
00:59:26,896 --> 00:59:29,065
Tafari:
And I think five years
1212
00:59:29,148 --> 00:59:31,025
of poisoning
1213
00:59:31,109 --> 00:59:34,737
turned Justice for Garrett
into "Lynch Nick Hillary."
1214
01:00:18,740 --> 01:00:21,743
The trial will be
trial by a judge.
1215
01:00:21,826 --> 01:00:24,746
We understand the enormity
1216
01:00:24,829 --> 01:00:28,541
of what Nick is charged with,
1217
01:00:28,624 --> 01:00:32,837
and we take that
responsibility seriously.
1218
01:00:32,920 --> 01:00:35,506
You can hear my voice
sort of crackling there,
1219
01:00:35,590 --> 01:00:38,217
which indicates it's
not just my brain--
1220
01:00:38,301 --> 01:00:43,306
My whole body recognizing
what I just said. So...
1221
01:00:43,389 --> 01:00:45,099
Female reporter:
Can I ask how Nick's feeling?
1222
01:00:45,183 --> 01:00:47,643
I'm feeling very well,
thank you.
1223
01:00:48,144 --> 01:00:49,562
Okay.
1224
01:01:01,074 --> 01:01:02,367
When we actually
had a trial date
1225
01:01:02,450 --> 01:01:03,951
and we were all sitting
in court together,
1226
01:01:04,035 --> 01:01:05,661
it just seemed like some
kind of weird,
1227
01:01:05,745 --> 01:01:08,373
surreal dream that this
was actually taking place.
1228
01:01:26,682 --> 01:01:28,393
( door opens )
1229
01:01:30,228 --> 01:01:31,604
Bailiff:
All rise.
1230
01:01:31,687 --> 01:01:33,398
St. Lawrence County Court
is now in session.
1231
01:01:33,481 --> 01:01:35,942
The Honorable
Felix Catena presiding.
1232
01:01:36,025 --> 01:01:38,152
Good morning, everybody.
Please be seated.
1233
01:01:38,236 --> 01:01:39,529
We're on the record.
1234
01:01:39,612 --> 01:01:41,781
This is the
People of the State of New York
1235
01:01:41,864 --> 01:01:43,950
against Oral Nicholas Hillary.
1236
01:01:44,033 --> 01:01:45,743
Mr. Fitzpatrick,
your opening statement.
1237
01:01:45,827 --> 01:01:47,495
Fitzpatrick:
Thank you very much,
Your Honor.
1238
01:01:47,578 --> 01:01:49,997
It's normally at
this point, Judge,
1239
01:01:50,081 --> 01:01:52,375
where either you
or some of the litigants
1240
01:01:52,458 --> 01:01:54,460
would say to a jury
1241
01:01:54,544 --> 01:01:57,672
to keep an open mind.
1242
01:01:57,755 --> 01:02:01,259
And I don't think, Judge,
1243
01:02:01,342 --> 01:02:03,970
I've ever beseeched someone more
1244
01:02:04,053 --> 01:02:06,305
in a criminal case
to keep an open mind
1245
01:02:06,389 --> 01:02:08,808
than I would in
this matter right now.
1246
01:02:08,891 --> 01:02:11,602
Because the narrative
of this case
1247
01:02:11,686 --> 01:02:14,105
up to this point has been
very, very simple.
1248
01:02:14,188 --> 01:02:15,982
A group of bungling,
1249
01:02:16,065 --> 01:02:18,651
incompetent cops from a small
town in upstate New York...
1250
01:02:18,734 --> 01:02:21,112
Fitzpatrick:
Okay, these guys,
very experienced lawyers,
1251
01:02:21,195 --> 01:02:25,116
just selected this individual
to decide this case.
1252
01:02:25,199 --> 01:02:28,035
And I wanted to disavow
him of the narrative.
1253
01:02:28,119 --> 01:02:30,496
The narrative which
has been established
1254
01:02:30,580 --> 01:02:32,457
at this point for 4.5 years.
1255
01:02:32,540 --> 01:02:34,584
That this case is razor-thin,
1256
01:02:34,667 --> 01:02:37,628
that this case is nothing but
a bunch of, you know,
1257
01:02:37,712 --> 01:02:40,840
upstate hicks that want to grab
the only black guy in town
1258
01:02:40,923 --> 01:02:42,258
and put him on trial.
1259
01:02:42,341 --> 01:02:44,260
None of that stuff is true.
1260
01:02:48,848 --> 01:02:51,726
From day one
the murder investigation
1261
01:02:51,809 --> 01:02:57,565
focused almost exclusively
on Nick Hillary.
1262
01:02:57,648 --> 01:03:00,860
You will learn that after
a thorough inspection
1263
01:03:00,943 --> 01:03:04,489
of the deceased's apartment
at 100 Market Street,
1264
01:03:04,572 --> 01:03:08,201
the police found
no fingerprints,
1265
01:03:08,284 --> 01:03:09,619
no hairs,
1266
01:03:09,702 --> 01:03:13,831
or no fibers linking
Nick Hillary to this crime.
1267
01:03:17,126 --> 01:03:20,630
Fitzpatrick:
Let's examine in what is
the most conclusive piece
1268
01:03:20,713 --> 01:03:22,590
of guilt against this man,
1269
01:03:23,799 --> 01:03:26,135
at the exact instant
1270
01:03:26,219 --> 01:03:28,054
Garrett reaches Leroy Street,
1271
01:03:28,137 --> 01:03:30,932
the defendant backs up,
1272
01:03:31,015 --> 01:03:33,184
K-turns out of the parking lot,
1273
01:03:33,976 --> 01:03:35,561
and according to him
1274
01:03:35,645 --> 01:03:39,357
at least a dozen times
under oath,
1275
01:03:39,440 --> 01:03:42,109
"I went straight home,
1276
01:03:42,193 --> 01:03:43,986
back to my daughter."
1277
01:03:44,070 --> 01:03:48,658
Except the camera doesn't lie.
1278
01:03:50,785 --> 01:03:53,204
Mr. Hillary doesn't turn right,
1279
01:03:53,287 --> 01:03:55,248
he turns left,
1280
01:03:55,331 --> 01:03:59,210
because he's hunting
Garrett Phillips.
1281
01:04:02,129 --> 01:04:05,424
Siegel:
This is all the video
will show you.
1282
01:04:05,508 --> 01:04:10,763
But the prosecution wants
you to jump to conclusions.
1283
01:04:10,846 --> 01:04:14,100
You will not see or hear
any credible evidence
1284
01:04:14,183 --> 01:04:18,312
of Nick or Nick's
car approaching,
1285
01:04:18,396 --> 01:04:21,566
at, or leaving 100 Market Street
1286
01:04:21,649 --> 01:04:26,487
during the critical time from
when Nick exits the parking lot
1287
01:04:26,571 --> 01:04:31,242
until Officer Mark Wentworth
found the deceased.
1288
01:04:32,201 --> 01:04:33,244
And why?
1289
01:04:33,327 --> 01:04:35,580
Because he wasn't there.
1290
01:04:40,751 --> 01:04:43,296
Fitzpatrick:
Now, meanwhile, Judge,
just outside
1291
01:04:43,379 --> 01:04:45,965
in the back of Market Street
1292
01:04:46,048 --> 01:04:49,135
there's a young man by
the name of Andrew Carranza
1293
01:04:49,218 --> 01:04:51,804
and his then girlfriend
Shannon Harris,
1294
01:04:51,887 --> 01:04:55,641
and they're in the
process of changing a flat tire
1295
01:04:55,725 --> 01:04:57,935
on Carranza's truck.
1296
01:04:58,019 --> 01:05:00,479
Andrew's now deployed with
the United States Marine Corps,
1297
01:05:00,563 --> 01:05:05,735
but he'll be here to describe
what he saw and what he heard.
1298
01:05:05,818 --> 01:05:08,321
Don Tracy:
When Nick came to the trial
1299
01:05:08,404 --> 01:05:11,532
I was hired by Nick's attorneys
1300
01:05:11,616 --> 01:05:15,161
to locate and
interview witnesses
1301
01:05:15,244 --> 01:05:18,581
to find out what they would
know and say at the trial.
1302
01:05:18,664 --> 01:05:21,459
I learned that the D.A.'s
office was going to
1303
01:05:21,542 --> 01:05:24,629
fly Andrew back from Hawaii,
1304
01:05:24,712 --> 01:05:28,090
and he was a vital witness
in this case.
1305
01:05:29,258 --> 01:05:31,135
So I called him.
1306
01:05:31,218 --> 01:05:33,679
And he apparently jumped
to the conclusion
1307
01:05:33,763 --> 01:05:36,974
that I was working for the
D.A.'s office, quite quickly.
1308
01:05:37,058 --> 01:05:39,268
I didn't tell
him any different.
1309
01:05:39,352 --> 01:05:41,437
I didn't feel
I had a responsibility
to tell him that.
1310
01:05:41,520 --> 01:05:44,023
He said, "They're flying me
from Hawaii to testify in this.
1311
01:05:44,106 --> 01:05:47,610
I'll be showing up
Monday in Canton."
1312
01:05:47,693 --> 01:05:49,737
"Fine. What are you
going to testify to?"
1313
01:05:49,820 --> 01:05:52,948
"Well, I saw a black guy
1314
01:05:53,032 --> 01:05:55,326
on the second floor,
1315
01:05:55,409 --> 01:05:58,371
a silhouette of somebody
that fits Nick's."
1316
01:05:58,454 --> 01:06:01,582
Talked with him
as much as I could, went on,
1317
01:06:01,666 --> 01:06:04,752
and the other witnesses
that I was trying to locate
1318
01:06:04,835 --> 01:06:07,463
was Andrew's girlfriend,
Shannon.
1319
01:06:07,546 --> 01:06:09,048
Harris:
Don Tracy called me,
1320
01:06:09,131 --> 01:06:10,883
told me he was an investigator.
He stopped over.
1321
01:06:10,966 --> 01:06:14,595
He questioned me about what
I was doing that day,
1322
01:06:14,679 --> 01:06:16,430
what I heard, what I saw.
1323
01:06:16,514 --> 01:06:18,057
We were changing his tire,
1324
01:06:18,140 --> 01:06:20,393
and we kept hearing
this ripping noise. And...
1325
01:06:20,476 --> 01:06:24,230
Fitzpatrick:
The decision was made by me
to fly Andrew Carranza in.
1326
01:06:24,313 --> 01:06:26,649
It was my judgment
that Andrew described
1327
01:06:26,732 --> 01:06:28,526
the noises that he heard
a little bit better.
1328
01:06:28,609 --> 01:06:31,946
Harris:
Police asked both of us if we
had seen anybody in the window,
1329
01:06:32,029 --> 01:06:33,614
any movement,
anything like that,
1330
01:06:33,698 --> 01:06:35,241
and we both said no.
1331
01:06:38,160 --> 01:06:40,538
This window right here
on the top, on the outside,
1332
01:06:40,621 --> 01:06:45,626
was the window that had
the screen forced out.
1333
01:06:45,710 --> 01:06:47,086
So these parking spots
right here
1334
01:06:47,169 --> 01:06:49,088
would've been occupied
by the Carranzas,
1335
01:06:49,171 --> 01:06:50,840
this being Andrew's.
1336
01:06:50,923 --> 01:06:55,594
Would've been very hard to see
a body standing in that window.
1337
01:06:55,678 --> 01:06:57,096
And if there was,
1338
01:06:57,179 --> 01:06:59,765
it certainly would've been
a time to say it at that time.
1339
01:06:59,849 --> 01:07:02,393
And they did state
they didn't see anything.
1340
01:07:02,476 --> 01:07:04,395
Their statements indicate that.
1341
01:07:04,478 --> 01:07:07,148
Harris:
We went over the
statements multiple times,
1342
01:07:07,231 --> 01:07:10,025
and nothing was different.
1343
01:07:13,028 --> 01:07:15,072
Afterward he told me
1344
01:07:15,156 --> 01:07:16,991
Andrew had an opposing story.
1345
01:07:17,074 --> 01:07:20,119
I told Don Andrew he was
trying to get a hold of me,
1346
01:07:20,202 --> 01:07:21,746
and I had called him anyway,
1347
01:07:21,829 --> 01:07:25,750
and I did record the entire
conversation with Andrew,
1348
01:07:25,833 --> 01:07:30,379
just in case he said
he was making it up.
1349
01:07:30,463 --> 01:07:32,798
Harris:
Now I feel like you're changing
your story or something,
1350
01:07:32,882 --> 01:07:34,300
and I don't know, Andrew,
1351
01:07:34,383 --> 01:07:36,969
but I am not going
to go to court and, like,
1352
01:07:37,052 --> 01:07:38,846
lie for something about you,
1353
01:07:38,929 --> 01:07:40,639
if that makes sense.
If they question me on it
1354
01:07:40,723 --> 01:07:43,392
I'm going to have
to be honest and tell them--
1355
01:07:45,853 --> 01:07:47,646
Andrew Carranza:
But that's exactly what I had
written down on the paper.
1356
01:07:47,730 --> 01:07:49,023
Harris:
I think I would remember
1357
01:07:49,106 --> 01:07:50,941
because it would be
in my statement.
1358
01:07:52,735 --> 01:07:54,111
Harris:
Yeah, well, you saw somebody
1359
01:07:54,195 --> 01:07:57,156
but you didn't
necessarily see Hillary.
1360
01:07:57,239 --> 01:07:58,657
So I don't understand how--
1361
01:07:58,741 --> 01:08:01,577
Even if you did, that would be
substantial evidence.
1362
01:08:10,920 --> 01:08:12,963
Harris:
Andrew, come on.
1363
01:08:17,175 --> 01:08:21,013
Andrew clearly knew what
had to be said in that trial
1364
01:08:21,095 --> 01:08:22,264
to make a difference.
1365
01:08:22,348 --> 01:08:24,892
And he was willing
to step up and do it.
1366
01:08:29,772 --> 01:08:31,565
Ward over phone:
Wow.
1367
01:08:31,648 --> 01:08:33,274
Wow. Wow.
1368
01:08:34,735 --> 01:08:35,568
Wow.
1369
01:08:35,653 --> 01:08:37,530
So is she willing to testify?
1370
01:08:48,165 --> 01:08:52,878
Is Shannon Harris on
the witness list? No, right?
1371
01:08:52,961 --> 01:08:54,797
Don spoke to--
The investigator spoke to her.
1372
01:08:54,880 --> 01:08:56,715
- Siegel: And?
- Thinks-- She says,
1373
01:08:56,799 --> 01:08:58,759
"Carranza's full of shit."
1374
01:09:00,594 --> 01:09:02,638
Yeah, this is crazy.
1375
01:09:07,852 --> 01:09:10,020
That's a big one.
Don, thank you very much.
1376
01:09:10,103 --> 01:09:13,065
I'll fill the team in on what's
going on here, but that's big.
1377
01:09:13,148 --> 01:09:15,149
Thank you.
1378
01:09:15,234 --> 01:09:16,986
Okay, cool.
1379
01:09:18,779 --> 01:09:20,531
- Okay.
- Do we have enough plates?
1380
01:09:20,613 --> 01:09:21,866
- All right.
- Yeah?
1381
01:09:21,949 --> 01:09:23,200
- Yeah.
- Yeah.
1382
01:09:23,283 --> 01:09:24,535
- Plenty of everything.
- Ward: Okay, great.
1383
01:09:24,618 --> 01:09:26,036
All right, Don, Thank you.
1384
01:09:26,120 --> 01:09:27,413
Bye-bye.
1385
01:09:27,496 --> 01:09:30,833
Don spoke to the girlfriend
of their star witness,
1386
01:09:30,916 --> 01:09:32,626
and she says he's full of shit.
1387
01:09:32,710 --> 01:09:34,460
- Who did?
- Awesome.
1388
01:09:34,545 --> 01:09:35,504
All right.
1389
01:09:35,587 --> 01:09:38,256
Man:
Okay, who's saying this?
1390
01:09:38,340 --> 01:09:39,675
Siegel:
Shannon Harris.
1391
01:09:39,758 --> 01:09:41,635
The girlfriend who was there,
who was present.
1392
01:09:41,719 --> 01:09:43,469
Man 2:
Oh, the girl changing the tire?
1393
01:09:43,554 --> 01:09:44,763
- Yep.
- Yeah.
1394
01:09:44,846 --> 01:09:46,264
- Man: Super.
- Siegel: Super, good.
1395
01:09:46,348 --> 01:09:48,100
good win, good win.
1396
01:09:51,020 --> 01:09:52,979
( indistinct conversation )
1397
01:10:00,321 --> 01:10:03,741
- Man: Good morning, everybody.
- Man 2: Morning.
1398
01:10:03,824 --> 01:10:06,702
Tracy:
The next day when
the trial had resumed
1399
01:10:06,785 --> 01:10:09,246
I happened to bump
into Dan Manor
1400
01:10:09,330 --> 01:10:10,748
from the D.A.'s office,
1401
01:10:10,831 --> 01:10:12,458
and Dan knew what I knew.
1402
01:10:12,541 --> 01:10:13,959
Because he looked at me,
he says,
1403
01:10:14,043 --> 01:10:16,962
"What are you doing
talking to my witness?"
1404
01:10:17,046 --> 01:10:18,547
And I said,
"Dan, how could you
1405
01:10:18,630 --> 01:10:20,424
bring him all
the way from Hawaii
1406
01:10:20,507 --> 01:10:24,053
to testify to something that
you knew was not the truth?"
1407
01:10:25,846 --> 01:10:28,432
And he said,
"I have rules to follow.
1408
01:10:28,514 --> 01:10:30,809
I have people
I'm responsible to."
1409
01:10:36,690 --> 01:10:38,943
Fitzpatrick:
Dan Manor would've
spoken to Carranza
1410
01:10:39,026 --> 01:10:41,153
to logistically get
him flown in.
1411
01:10:41,237 --> 01:10:44,490
Nobody interviewed him
prior to flying him in.
1412
01:10:44,573 --> 01:10:46,951
I had no knowledge that
he was going to say
1413
01:10:47,034 --> 01:10:48,744
it was a black male
at the window
1414
01:10:48,827 --> 01:10:51,956
until I spoke to him
the day before he testified.
1415
01:10:58,420 --> 01:10:59,838
Why didn't anybody
ask Mr. Carranza
1416
01:10:59,922 --> 01:11:03,384
about the color
the man who was
looking out that window?
1417
01:11:03,467 --> 01:11:05,177
They said he was
looking out the window,
1418
01:11:05,260 --> 01:11:07,388
but no one asked
the description of the man...
1419
01:11:07,471 --> 01:11:09,264
Ward:
(Inaudible)
1420
01:11:09,348 --> 01:11:10,683
...the description of the man.
Was there...?
1421
01:11:10,766 --> 01:11:13,394
If there was a person
looking out that window
1422
01:11:13,477 --> 01:11:14,478
and there was a--
1423
01:11:14,561 --> 01:11:16,689
That was an
African-American person,
1424
01:11:16,772 --> 01:11:17,940
he would've said it.
1425
01:11:18,023 --> 01:11:19,400
Fitzpatrick:
There was no way
1426
01:11:19,483 --> 01:11:22,068
we could ethically
allow Andrew Carranza
1427
01:11:22,152 --> 01:11:24,822
to now say suddenly
four years later that,
1428
01:11:24,905 --> 01:11:27,992
"Oh yeah, it was a black male."
1429
01:11:28,075 --> 01:11:29,660
And in fact I'm fairly certain
1430
01:11:29,743 --> 01:11:33,330
he was prepared to say that it
was Nick Hillary at the window.
1431
01:11:33,414 --> 01:11:35,666
If we had not
had Shannon Harris
1432
01:11:35,749 --> 01:11:37,209
to come and testify,
1433
01:11:37,291 --> 01:11:39,753
or not planned on calling
her after he testified,
1434
01:11:39,837 --> 01:11:41,171
who would know the difference?
1435
01:11:41,255 --> 01:11:43,465
Knowing that we had witnesses
1436
01:11:43,549 --> 01:11:46,385
who would contradict
their statements in real time
1437
01:11:46,468 --> 01:11:49,013
and blow this up
in their faces,
1438
01:11:49,096 --> 01:11:52,224
they did not know that
when they booked his flight
from Hawaii...
1439
01:11:52,307 --> 01:11:53,600
- Right.
- ...to come up.
1440
01:11:53,684 --> 01:11:55,936
They found that out after
he was in Potsdam.
1441
01:11:56,020 --> 01:11:58,063
( indistinct conversation )
1442
01:12:04,318 --> 01:12:06,447
( metal detector beeps )
1443
01:12:06,530 --> 01:12:08,657
( music playing )
1444
01:12:39,188 --> 01:12:40,647
Catena:
Mr. Dumas?
1445
01:13:06,715 --> 01:13:08,967
Fitzpatrick:
Judge, I didn't take Mr. Duma''
remarks as accusatory,
1446
01:13:09,050 --> 01:13:12,179
but essentially
it's being suggested
1447
01:13:12,262 --> 01:13:14,139
that I'm withholding
exculpatory evidence
1448
01:13:14,223 --> 01:13:16,475
regarding a witness
I've never heard of.
1449
01:13:16,558 --> 01:13:20,312
So I will go through
our archives
1450
01:13:20,395 --> 01:13:22,314
and talk to the
investigators on the case
1451
01:13:22,398 --> 01:13:24,858
in an attempt
to identify Mr. Brown.
1452
01:13:24,942 --> 01:13:28,821
And obviously if there's
anything exculpatory
1453
01:13:28,904 --> 01:13:32,324
I fully know my obligations.
1454
01:13:34,159 --> 01:13:35,702
Rain:
D.A. Fitzpatrick has said,
1455
01:13:35,786 --> 01:13:37,121
"Well, who's Gregory Brown?"
1456
01:13:37,204 --> 01:13:39,623
I said, "I don't know
who Gregory Brown is."
1457
01:13:39,706 --> 01:13:41,708
And then as
he started explaining
1458
01:13:41,791 --> 01:13:43,168
that he was an inmate,
I was, like,
1459
01:13:43,252 --> 01:13:45,712
"Oh yes, I do remember
something about
1460
01:13:45,796 --> 01:13:46,922
the state police going out
1461
01:13:47,005 --> 01:13:51,093
and interviewing
this person at Attica.
1462
01:13:51,175 --> 01:13:53,387
Can I see counsel
in chambers, please?
1463
01:13:55,264 --> 01:14:00,184
Dumas:
We got into chambers
and they handed us two pages.
1464
01:14:00,269 --> 01:14:01,562
And we looked at it,
1465
01:14:01,645 --> 01:14:04,982
and we all just
kind of jaw-dropped.
1466
01:14:05,065 --> 01:14:07,317
Because this piece
of paper said that
1467
01:14:07,401 --> 01:14:10,821
John Jones entered
100 Market Street
1468
01:14:10,904 --> 01:14:12,823
approximately 15 minutes
1469
01:14:12,906 --> 01:14:17,035
before Garrett Phillips
entered 100 Market Street.
1470
01:14:19,871 --> 01:14:21,165
Eckert:
So my question is,
1471
01:14:21,248 --> 01:14:22,833
how would he even
know who John Jones is?
1472
01:14:22,916 --> 01:14:24,501
And John says that
he knows Greg Brown
1473
01:14:24,585 --> 01:14:26,128
from having played
football with him.
1474
01:14:26,210 --> 01:14:28,130
You know, he's, like,
"I didn't know him by name,
1475
01:14:28,213 --> 01:14:29,380
but I knew who he was."
1476
01:14:29,464 --> 01:14:32,050
"You know G-Money?"
I go, "Who's G-Money?"
1477
01:14:32,134 --> 01:14:34,678
And I'm not trying
to stereotype it
1478
01:14:34,761 --> 01:14:36,513
but I assumed
it was a black man.
1479
01:14:36,597 --> 01:14:37,931
And I said,
1480
01:14:38,014 --> 01:14:41,143
"No, I don't hang around
with a lot of black people,
1481
01:14:41,226 --> 01:14:42,561
so no I don't know who he is."
1482
01:14:42,644 --> 01:14:44,521
And he goes,
"You don't know Greg Brown?"
1483
01:14:44,605 --> 01:14:46,565
I said, "No." I go,
"Help me out with this."
1484
01:14:46,648 --> 01:14:50,568
And he goes, "You used to bounce
at this local establishment."
1485
01:14:50,652 --> 01:14:53,362
And I go, "Oh yeah.
Yeah, I know him."
1486
01:14:53,447 --> 01:14:54,489
I go, "Why?" He goes,
1487
01:14:54,573 --> 01:14:55,907
"Apparently he saw
you come out of--
1488
01:14:55,991 --> 01:14:57,576
or go into Tandy's
house that day."
1489
01:14:57,659 --> 01:15:00,871
I go, "Seriously?" I thought
it was a joke. He goes, "Yeah."
1490
01:15:12,174 --> 01:15:14,718
Dumas:
When they handed us
that document
1491
01:15:14,800 --> 01:15:16,094
I took one look at it
1492
01:15:16,178 --> 01:15:18,764
and that was probably
1493
01:15:18,847 --> 01:15:21,266
the one instance
in my whole career
1494
01:15:21,350 --> 01:15:24,645
of the clearest-cut
Brady material I've ever seen.
1495
01:15:24,728 --> 01:15:26,647
Brady material is a material
1496
01:15:26,730 --> 01:15:28,565
that's favorable to the defense,
1497
01:15:28,648 --> 01:15:31,235
something that might show
that Nick Hillary
1498
01:15:31,318 --> 01:15:32,736
didn't commit the crime.
1499
01:15:32,818 --> 01:15:34,862
And it's one of
those things that
1500
01:15:34,947 --> 01:15:38,032
you take a step back
as a defense attorney
1501
01:15:38,116 --> 01:15:40,744
and you're working
late at night,
1502
01:15:40,827 --> 01:15:41,954
and you say to yourself,
1503
01:15:42,037 --> 01:15:43,871
"Wait a minute.
1504
01:15:43,956 --> 01:15:46,959
If this is just coming out now,
1505
01:15:47,041 --> 01:15:50,254
what else is there?
What else don't we know?"
1506
01:15:50,337 --> 01:15:53,757
That's why these rules
are in place.
1507
01:15:53,840 --> 01:15:56,593
they're to protect
someone like Nick Hillary.
1508
01:15:56,677 --> 01:15:59,805
They're to protect
his constitutional rights.
1509
01:15:59,888 --> 01:16:01,348
Fitzpatrick:
Here's the problem.
1510
01:16:01,431 --> 01:16:02,933
Okay.
1511
01:16:03,016 --> 01:16:04,268
Should it have been disclosed?
1512
01:16:04,351 --> 01:16:05,477
Absolutely.
1513
01:16:05,559 --> 01:16:08,146
Inexcusable that
it wasn't disclosed.
1514
01:16:08,230 --> 01:16:10,273
In Mary's mind,
1515
01:16:10,357 --> 01:16:12,192
there's irrefutable proof
1516
01:16:12,276 --> 01:16:14,236
that John Jones
did not commit the crime,
1517
01:16:14,318 --> 01:16:16,655
ergo someone alleging
that John Jones
1518
01:16:16,737 --> 01:16:18,573
did commit the crime is lying.
1519
01:16:18,657 --> 01:16:22,661
So in her mind it went
from potentially exculpatory
1520
01:16:22,744 --> 01:16:23,954
to just total B.S.
1521
01:16:24,037 --> 01:16:27,457
Can't make that decision
as a prosecutor.
1522
01:16:27,541 --> 01:16:31,128
All I have is my reputation
when I'm appearing in court.
1523
01:16:31,210 --> 01:16:34,673
And I thought about, you know,
1524
01:16:34,755 --> 01:16:36,174
just packing it up and leaving,
1525
01:16:36,258 --> 01:16:40,594
but I couldn't do that to
Tandy and the Phillips family.
1526
01:16:46,768 --> 01:16:48,437
The prosecution's
witnesses today,
1527
01:16:48,520 --> 01:16:50,147
but instead the defense got up
1528
01:16:50,230 --> 01:16:53,400
and asked Judge Felix Catena
for a dismissal.
1529
01:16:53,483 --> 01:16:56,987
Now, that's an extreme
remedy to the situation,
1530
01:16:57,070 --> 01:16:58,989
but this is an extreme case.
1531
01:16:59,072 --> 01:17:02,868
You know, we've got a man who's
on trial for his life here.
1532
01:17:02,951 --> 01:17:05,912
This is a murder in the second,
and they're hiding this.
1533
01:17:05,996 --> 01:17:10,916
I think that it should be
an extreme remedy.
1534
01:17:11,001 --> 01:17:12,710
McKinley:
The judge is the judge
and the jury.
1535
01:17:12,794 --> 01:17:15,088
He is the man. He will
decide Nick Hillary's fate.
1536
01:17:15,172 --> 01:17:19,050
And so for him to sit in
a courtroom and someone say,
1537
01:17:19,134 --> 01:17:20,177
"Oh, by the way,
1538
01:17:20,260 --> 01:17:22,179
we forgot to give
some information
1539
01:17:22,262 --> 01:17:23,555
to the defense team,"
1540
01:17:23,639 --> 01:17:25,807
I'm sure that that
must've set off some alarm bells
1541
01:17:25,891 --> 01:17:28,059
for him in his brain,
where he was, like,
1542
01:17:28,143 --> 01:17:29,853
"What's the
prosecution doing here?"
1543
01:17:29,936 --> 01:17:31,271
And I think that that
1544
01:17:31,355 --> 01:17:33,315
probably was part of
the defense's strategy as well.
1545
01:17:33,398 --> 01:17:35,108
Liz Garbus:
Excuse me, Earl,
1546
01:17:35,192 --> 01:17:37,027
can you say where
you're going now
1547
01:17:37,110 --> 01:17:38,195
and then we'll let you go?
1548
01:17:38,278 --> 01:17:39,529
We are headed over to
1549
01:17:39,612 --> 01:17:42,282
the jail to speak
to Gregory Brown.
1550
01:17:42,366 --> 01:17:44,284
Garbus:
They brought him down
fairly quickly, huh?
1551
01:17:44,368 --> 01:17:47,454
Yes, fairly quickly.
Rapid speed.
1552
01:18:05,889 --> 01:18:07,139
I'm sure some of
you are thinking,
1553
01:18:07,224 --> 01:18:08,767
"Well, they didn't
use Gregory Brown.
1554
01:18:08,850 --> 01:18:09,893
He must be a whack-job."
1555
01:18:09,976 --> 01:18:11,436
Gregory Brown
is not a whack-job.
1556
01:18:11,520 --> 01:18:12,437
He's not a whacko.
1557
01:18:12,521 --> 01:18:13,605
He was very credible,
1558
01:18:13,688 --> 01:18:15,232
and he didn't
remember everything
1559
01:18:15,315 --> 01:18:19,277
in part because there's
been a passage of time.
1560
01:18:19,361 --> 01:18:21,905
The idea that somehow
John Jones was at that building,
1561
01:18:21,987 --> 01:18:24,407
did you find it credible
or was it the case
1562
01:18:24,491 --> 01:18:27,160
of there being too many holes in
his account to use it in court?
1563
01:18:27,244 --> 01:18:29,746
Siegel:
The fact that John Jones
was not only there
1564
01:18:29,830 --> 01:18:31,456
but went into 100 Market.
1565
01:18:31,540 --> 01:18:33,375
Which I thought was important.
1566
01:18:33,458 --> 01:18:35,460
I found that credible.
1567
01:18:35,544 --> 01:18:37,045
There is no way
in hell John Jones--
1568
01:18:37,129 --> 01:18:39,130
The guy is on video
walking his dog
1569
01:18:39,214 --> 01:18:41,133
at the time the
murder takes place.
1570
01:18:41,216 --> 01:18:43,343
You can't have
better evidence.
1571
01:18:43,427 --> 01:18:45,554
And his DNA didn't match
1572
01:18:45,637 --> 01:18:48,056
the DNA profile under
the fingernails.
1573
01:18:48,139 --> 01:18:50,308
It wasn't John Jones because,
1574
01:18:50,392 --> 01:18:52,894
you know, as I've said before,
1575
01:18:52,978 --> 01:18:55,480
who brings their dog
to a murder?
1576
01:18:56,022 --> 01:18:57,023
Nobody.
1577
01:18:57,107 --> 01:19:00,026
Coincidences happen.
1578
01:19:00,110 --> 01:19:02,654
Twenty-nine seconds
after John Jones
1579
01:19:02,737 --> 01:19:06,199
pulled into his driveway,
1580
01:19:06,282 --> 01:19:10,537
Garrett rode by on his Ripstik.
1581
01:19:10,620 --> 01:19:12,998
Now, I think the prosecution
would clearly say,
1582
01:19:13,081 --> 01:19:14,833
"That's a coincidence."
1583
01:19:18,335 --> 01:19:21,423
Mortati:
There's a camera on the side of
Canton-Potsdam Hospital,
1584
01:19:21,505 --> 01:19:22,883
and among other things,
1585
01:19:22,966 --> 01:19:25,677
it just coincidentally
also captures John Jones' house
1586
01:19:25,760 --> 01:19:28,472
because he happened to live on
Cottage Street at that time. Two
1587
01:19:29,389 --> 01:19:30,891
different cameras.
1588
01:19:30,974 --> 01:19:33,434
You see Garrett coming down the
northside sidewalk of Cottage.
1589
01:19:33,518 --> 01:19:35,645
He gets to the driveway
that you would turn right
1590
01:19:35,728 --> 01:19:37,147
to go towards the ER.
1591
01:19:37,230 --> 01:19:38,690
The second camera from the ER
1592
01:19:38,773 --> 01:19:41,109
that shows the parking lot,
shows Garrett
1593
01:19:41,193 --> 01:19:42,943
basically passing
from left to right
1594
01:19:43,028 --> 01:19:45,405
as he's traveling down
Cottage Street.
1595
01:19:45,489 --> 01:19:48,532
They don't pass each other
waving or anything like that.
1596
01:19:48,617 --> 01:19:50,535
You don't see that on camera.
1597
01:19:52,162 --> 01:19:55,373
Ward:
It's a coincidence
with John Jones,
1598
01:19:55,457 --> 01:19:58,126
but it's not a coincidence
with Nick Hillary.
1599
01:19:58,210 --> 01:19:59,544
John Jones,
1600
01:19:59,628 --> 01:20:02,964
who was the former
boyfriend of Tandy Collins.
1601
01:20:03,048 --> 01:20:06,175
John Jones,
who didn't like Nick Hillary.
1602
01:20:06,259 --> 01:20:09,513
John Jones,
who once pushed Tandy Collins.
1603
01:20:09,596 --> 01:20:13,266
John Jones,
who had sued Tandy Collins.
1604
01:20:17,813 --> 01:20:19,022
Nick being in the parking lot,
1605
01:20:19,105 --> 01:20:22,025
in their view,
is evidence of murder.
1606
01:20:22,108 --> 01:20:25,487
I submit to you, Judge,
it is not.
1607
01:20:34,454 --> 01:20:35,789
Siegel:
What we now have to do
1608
01:20:35,871 --> 01:20:39,041
is weave together
all of the depositions,
1609
01:20:39,125 --> 01:20:40,835
the grand jury testimony,
1610
01:20:40,919 --> 01:20:45,382
the transcripts of the days
of testimony so far
1611
01:20:45,465 --> 01:20:47,259
of 28 witnesses,
1612
01:20:47,342 --> 01:20:53,473
and put together a concise,
powerful statement.
1613
01:20:53,557 --> 01:20:57,394
There's always pressure when
someone's life is on the line.
1614
01:20:57,477 --> 01:20:59,145
I mean, Nick loses,
1615
01:20:59,228 --> 01:21:01,231
he's going-- We lose,
1616
01:21:01,314 --> 01:21:04,150
he's going away for
the rest of his life.
1617
01:21:05,818 --> 01:21:07,404
He has two young kids,
1618
01:21:07,487 --> 01:21:10,115
two young boys, really cute
little boys who love him.
1619
01:21:10,198 --> 01:21:11,825
And last time I saw him,
1620
01:21:11,907 --> 01:21:14,744
kids was holding onto
him and saying, "Don't go."
1621
01:21:14,827 --> 01:21:18,999
And so it was
really heartwarming
1622
01:21:19,082 --> 01:21:21,166
and at the same time...
1623
01:21:21,251 --> 01:21:22,419
scary.
1624
01:21:22,502 --> 01:21:25,005
And we've got
Fitzpatrick in there also?
1625
01:21:25,088 --> 01:21:26,380
Siegel:
Yes.
1626
01:21:26,464 --> 01:21:30,510
I'll double-check on that.
I think-- Yep.
1627
01:21:30,594 --> 01:21:31,803
- Great.
- Siegel: Yeah,
1628
01:21:31,886 --> 01:21:33,680
and so it's on page 76.
1629
01:21:36,391 --> 01:21:37,809
Ward:
I've seen a lot of injustices,
1630
01:21:37,893 --> 01:21:42,105
and I just hope that
this is not one of them.
1631
01:21:42,188 --> 01:21:45,275
And we're hoping that we can
1632
01:21:45,358 --> 01:21:49,237
win this case for him so that
he can get back to his life.
1633
01:21:57,202 --> 01:21:59,873
Ward:
The prosecution
has pieced together--
1634
01:21:59,956 --> 01:22:01,958
they've cobbled together
1635
01:22:02,041 --> 01:22:06,588
fabrics of
so-called "evidence."
1636
01:22:06,671 --> 01:22:08,173
And they've given you, Judge,
1637
01:22:08,255 --> 01:22:11,384
a torn and tattered quilt.
1638
01:22:11,468 --> 01:22:15,472
And they have given this torn
and tattered quilt to you,
1639
01:22:15,555 --> 01:22:20,018
and they've called it
"circumstantial evidence."
1640
01:22:20,101 --> 01:22:21,895
They're trying to paint
this picture of Nick
1641
01:22:21,978 --> 01:22:24,731
as an obsessed psychopath who,
1642
01:22:24,814 --> 01:22:29,193
unable to get the love of
his life, kills her child.
1643
01:22:29,277 --> 01:22:30,654
Does that make sense?
1644
01:22:30,737 --> 01:22:34,407
I submit to you it makes
absolutely no sense.
1645
01:22:34,491 --> 01:22:37,410
It's not the type of theory
you bring into a courtroom
1646
01:22:37,494 --> 01:22:41,456
and ask a judge to find
a man guilty of murder.
1647
01:22:41,539 --> 01:22:45,460
Guilty of murder
in the second degree.
1648
01:22:45,543 --> 01:22:47,712
What they're trying
to do here, Your Honor,
1649
01:22:47,796 --> 01:22:51,549
what they're trying to do here
is to demonize--
1650
01:22:51,633 --> 01:22:54,886
Is to demonize this man.
1651
01:22:54,969 --> 01:22:58,223
I know the prosecutor's going
to stand up here,
1652
01:22:58,306 --> 01:23:02,143
and he's going to say to you,
1653
01:23:02,227 --> 01:23:04,353
in the loudest voice as he can,
1654
01:23:06,773 --> 01:23:11,695
"You have to convict
Nick Hillary."
1655
01:23:11,778 --> 01:23:13,029
And he will say to you,
1656
01:23:13,112 --> 01:23:18,702
"I have proven my case beyond
a reasonable doubt."
1657
01:23:18,785 --> 01:23:22,163
Judge, this case
is riddled with doubt.
1658
01:23:24,499 --> 01:23:27,460
Fitzpatrick:
I can't emphasize enough,
Judge,
1659
01:23:27,544 --> 01:23:29,087
how in this case...
1660
01:23:29,170 --> 01:23:33,091
there's two
possible explanations.
1661
01:23:33,174 --> 01:23:36,428
You have to give the benefit
of the doubt to the defendant.
1662
01:23:36,511 --> 01:23:38,930
But possibility number one
is either Nick Hillary
1663
01:23:39,013 --> 01:23:42,100
is the victim of
the most bizarre convergence
1664
01:23:42,183 --> 01:23:43,559
of coincidences
1665
01:23:43,643 --> 01:23:47,188
since man first learned
to write and record history,
1666
01:23:47,272 --> 01:23:50,150
and he sits there
an innocent man,
1667
01:23:50,233 --> 01:23:54,279
or, on October the 24th, 2011,
1668
01:23:54,362 --> 01:23:57,157
obsessed by his break-up
with Tandy Cyrus,
1669
01:23:57,240 --> 01:24:00,118
enraged that it
came down to the needs
1670
01:24:00,201 --> 01:24:01,661
of the 12-year-old boy--
1671
01:24:01,745 --> 01:24:04,246
As if there was some moral
confluence between
1672
01:24:04,330 --> 01:24:07,791
his needs and the needs
of a 12-year-old boy.
1673
01:24:07,876 --> 01:24:10,920
He entered
that boy's apartment,
1674
01:24:11,004 --> 01:24:12,422
he chased him down,
1675
01:24:12,505 --> 01:24:14,799
he dragged him into a bedroom,
1676
01:24:14,883 --> 01:24:17,510
and he spent 90 seconds
choking the life out of him.
1677
01:24:17,594 --> 01:24:20,513
And he's been lying
about it ever since.
1678
01:24:22,098 --> 01:24:26,978
What kind of mind can
orchestrate something
like that, Judge?
1679
01:24:27,061 --> 01:24:30,231
The same type of mind that
can look you right in the eye
1680
01:24:30,315 --> 01:24:32,567
and say that,
"When I leave the Potsdam
1681
01:24:32,650 --> 01:24:35,153
parking high school
parking lot,
1682
01:24:35,236 --> 01:24:38,239
and my apartment is
four-tenths of a mile
1683
01:24:38,323 --> 01:24:40,282
in a straight line to the right,
1684
01:24:40,366 --> 01:24:42,118
sometimes I go left,
1685
01:24:42,202 --> 01:24:44,788
and it doesn't make
any difference to me."
1686
01:24:44,871 --> 01:24:48,625
That's the type of mind
that we're dealing with.
1687
01:24:48,708 --> 01:24:51,335
"And of course you've
got to believe me,
1688
01:24:51,419 --> 01:24:53,505
because I'm Nick Hillary,
and I said it.
1689
01:24:53,588 --> 01:24:55,173
And that's good enough--
1690
01:24:55,255 --> 01:24:57,550
Should be good enough for you."
1691
01:24:57,634 --> 01:25:00,053
And we're here, Your Honor,
1692
01:25:00,136 --> 01:25:03,306
because of tapes,
1693
01:25:03,389 --> 01:25:07,727
but frankly none more
important than exhibit 71.
1694
01:25:10,063 --> 01:25:12,898
And there's the last time
1695
01:25:12,982 --> 01:25:17,278
we ever see
Garrett Phillips alive.
1696
01:25:27,746 --> 01:25:29,332
Garrett Phillips
1697
01:25:29,415 --> 01:25:33,545
wasn't killed by someone
passing through town
1698
01:25:33,628 --> 01:25:36,130
who hates little boys.
1699
01:25:36,214 --> 01:25:38,216
He was killed by Nick Hillary.
1700
01:25:41,678 --> 01:25:43,137
He wanted to be
with his friends.
1701
01:25:43,221 --> 01:25:45,932
He wanted to occasionally
watch TV, judge.
1702
01:25:46,014 --> 01:25:48,101
He wanted to play on
his Ripstik.
1703
01:25:48,184 --> 01:25:51,896
He wanted to be 12 years-old,
1704
01:25:51,980 --> 01:25:54,065
not be dictated to,
1705
01:25:55,233 --> 01:25:58,193
and that cost him his life.
1706
01:25:58,278 --> 01:26:01,614
Now Garrett belongs
to the ages.
1707
01:26:02,782 --> 01:26:04,659
He's forever 12.
1708
01:26:07,745 --> 01:26:09,371
I wish you Godspeed, Judge.
1709
01:26:09,455 --> 01:26:15,044
I pray to God you've seen this
defendant for what he truly is.
1710
01:26:15,128 --> 01:26:18,548
A person who with premeditation
1711
01:26:18,630 --> 01:26:21,425
murdered a beautiful
12-year-old little boy.
1712
01:26:21,509 --> 01:26:24,512
And he did it so
arrogantly and stupidly,
1713
01:26:24,596 --> 01:26:28,433
that he can now finally
be brought to justice.
1714
01:26:28,516 --> 01:26:30,143
Thank you, Your Honor.
1715
01:26:36,441 --> 01:26:38,818
Catena:
With regard to
the Court's decision,
1716
01:26:38,902 --> 01:26:40,320
the Court's verdict,
1717
01:26:40,403 --> 01:26:44,115
I anticipate Wednesday
or Thursday of next week
1718
01:26:44,198 --> 01:26:46,618
that we'll stand in recess
to await the court's verdict.
1719
01:26:46,701 --> 01:26:48,119
Thank you, everybody.
1720
01:26:48,202 --> 01:26:50,121
( gavel bangs )
1721
01:27:00,255 --> 01:27:02,467
( music playing )
1722
01:27:50,431 --> 01:27:52,850
A verdict is expected
at some point this week
1723
01:27:52,934 --> 01:27:54,559
in the Nick Hillary
murder trial.
1724
01:27:54,644 --> 01:27:56,813
The former Clarkson
University soccer coach
1725
01:27:56,896 --> 01:27:58,272
is facing a second-degree
murder charge
1726
01:27:58,356 --> 01:28:02,026
for the 2011 death of
his ex-girlfriend's son.
1727
01:28:02,110 --> 01:28:03,277
He'll be back in the courtroom
1728
01:28:03,361 --> 01:28:04,987
as soon as
a verdict is reached.
1729
01:28:05,071 --> 01:28:06,990
Child:
Hi, daddy.
1730
01:28:07,073 --> 01:28:08,866
N. Hillary:
Look at what I got right here.
1731
01:28:08,950 --> 01:28:10,451
Child:
I want hot dogs.
1732
01:28:10,535 --> 01:28:12,996
N. Hillary:
It is. It's a special
kind of hot dog.
1733
01:28:13,079 --> 01:28:14,080
Just trust me, okay?
1734
01:28:14,163 --> 01:28:15,498
No, that's not a hot dog.
1735
01:28:15,581 --> 01:28:16,833
N. Hillary:
It's not a hot dog?
1736
01:28:16,916 --> 01:28:18,166
No, it's pepperoni.
1737
01:28:18,251 --> 01:28:19,877
- That's pepperonis?
- Yes.
1738
01:28:19,960 --> 01:28:22,630
N. Hillary:
No, this is better
than pepperonis, man.
1739
01:28:24,090 --> 01:28:25,800
Good job, Jo-Jo.
1740
01:28:26,467 --> 01:28:28,261
Good job, Jo-Jo.
1741
01:28:28,344 --> 01:28:30,471
Child:
(Inaudible)
1742
01:28:30,555 --> 01:28:32,181
N. Hillary:
Wake up every day
1743
01:28:32,264 --> 01:28:35,852
and you're trying
to enjoy every second,
1744
01:28:35,934 --> 01:28:37,937
every minute with your kids,
1745
01:28:38,021 --> 01:28:40,273
all the while trying
to protect them
1746
01:28:40,356 --> 01:28:43,359
and shelter them
from the unknown.
1747
01:28:43,443 --> 01:28:45,278
( indistinct conversation )
1748
01:28:47,321 --> 01:28:48,698
- ( phone ringing )
- Huh?
1749
01:28:48,781 --> 01:28:50,032
Child:
(Inaudible)
1750
01:28:50,116 --> 01:28:51,534
Okay.
1751
01:28:52,368 --> 01:28:55,038
All right.
1752
01:28:55,121 --> 01:28:56,956
N. Hillary:
Come on boys.
1753
01:29:10,803 --> 01:29:12,472
- Child: I want a lift.
- Okay. All right.
1754
01:29:12,555 --> 01:29:14,389
Let's say bye.
Give me beso.
1755
01:29:14,474 --> 01:29:15,349
Child:
But why?
1756
01:29:15,433 --> 01:29:16,851
N. Hillary:
Give me beso.
1757
01:29:16,934 --> 01:29:20,772
I love you. I'll see
you in a few, okay?
1758
01:29:20,855 --> 01:29:22,190
I want One more beso.
1759
01:29:22,273 --> 01:29:23,648
One more beso.
1760
01:29:26,068 --> 01:29:27,945
All right.
1761
01:29:28,029 --> 01:29:29,322
Give daddy beso now, son Jo-Jo.
1762
01:29:29,405 --> 01:29:31,074
- Beso! Beso!
- Give me beso.
1763
01:29:31,157 --> 01:29:33,201
Elijah:
Dad, how are you going
to work this out?
1764
01:29:33,284 --> 01:29:34,660
( kisses )
1765
01:29:34,744 --> 01:29:35,870
N. Hillary:
One more.
1766
01:29:35,952 --> 01:29:36,913
( kisses )
1767
01:29:36,996 --> 01:29:38,790
- All right.
- Elijah: Daddy...
1768
01:29:38,873 --> 01:29:39,999
Hmm?
1769
01:29:40,083 --> 01:29:41,416
I'll give you a (inaudible),
1770
01:29:41,501 --> 01:29:42,543
- okay?
- Elijah: Yeah.
1771
01:29:42,627 --> 01:29:43,585
Remember the promise.
1772
01:29:43,669 --> 01:29:44,921
What's the promise?
1773
01:29:45,004 --> 01:29:46,005
Don't cry.
1774
01:29:46,089 --> 01:29:47,423
Okay, good, good.
1775
01:29:50,343 --> 01:29:52,386
( inaudible )
1776
01:29:54,639 --> 01:29:56,307
N. Hillary:
All right?
1777
01:29:59,769 --> 01:30:01,228
All right, Jo-Jo.
1778
01:30:01,312 --> 01:30:03,022
Give me five, man.
1779
01:30:07,527 --> 01:30:08,568
All right.
1780
01:30:08,653 --> 01:30:10,530
( inaudible )
1781
01:30:19,831 --> 01:30:21,499
N. Hillary:
Be strong, okay bud?
1782
01:30:21,582 --> 01:30:25,710
Elijah:
How are you going
to work this out, dad?
1783
01:30:25,795 --> 01:30:29,298
N. Hillary:
Everything's going
to be all right, okay?
1784
01:30:36,097 --> 01:30:37,431
( horn honks )
1785
01:30:38,224 --> 01:30:40,518
( music playing )
1786
01:31:06,294 --> 01:31:10,173
N. Hillary:
Praying continuously
that the correct decision
1787
01:31:10,255 --> 01:31:11,632
will come down,
1788
01:31:11,716 --> 01:31:15,344
and I will have to get down
on my hands and my knees
1789
01:31:15,428 --> 01:31:20,057
and start rebuilding, you know?
1790
01:31:20,141 --> 01:31:22,934
Because everything I have built
up until this point
1791
01:31:23,019 --> 01:31:25,938
has been totally destroyed.
1792
01:31:27,732 --> 01:31:29,358
Haverty:
No matter what happens,
1793
01:31:29,442 --> 01:31:31,986
you know, there's no real,
like, reparations
1794
01:31:32,068 --> 01:31:35,865
that are going to go
back to Nick's family
1795
01:31:35,948 --> 01:31:38,367
for all the--
1796
01:31:38,451 --> 01:31:40,286
The fact that he lost his job,
1797
01:31:40,369 --> 01:31:43,664
for the debt that
his family went into.
1798
01:31:45,791 --> 01:31:48,544
His name is kind of ruined.
1799
01:31:49,545 --> 01:31:50,963
Google "Nick Hillary"--
1800
01:31:51,047 --> 01:31:53,132
His name is next to
the word "murder."
1801
01:31:53,216 --> 01:31:56,677
And even if it's
that he's innocent,
1802
01:31:56,761 --> 01:32:00,889
He's stuck with that
for the rest of his life.
1803
01:32:23,329 --> 01:32:25,373
( dog barking )
1804
01:32:47,270 --> 01:32:48,813
Female reporter:
In the news today,
1805
01:32:48,896 --> 01:32:50,523
Judge Felix Catena will
hand down his verdict
1806
01:32:50,606 --> 01:32:52,108
in the Nick Hillary
murder trial.
1807
01:32:52,191 --> 01:32:54,110
We'll bring that
to you live at 10:00 a.m.
1808
01:32:54,193 --> 01:32:58,114
Male reporter:
One or two more words,
"guilty" or "not guilty."
1809
01:33:05,288 --> 01:33:09,208
Man:
Nick, how you feeling today?
Confident?
1810
01:33:09,291 --> 01:33:11,085
McKinley:
You can look at
it one of two ways.
1811
01:33:11,168 --> 01:33:14,046
You can look at it
that Nick Hillary did this,
1812
01:33:14,130 --> 01:33:16,549
that he strangled a 12-year-old,
1813
01:33:16,632 --> 01:33:20,594
either out of rage
or to punish Tandy,
1814
01:33:20,678 --> 01:33:22,513
and then clambered out
that back window
1815
01:33:22,596 --> 01:33:24,307
and has managed since then
1816
01:33:24,389 --> 01:33:28,102
to convey himself
as an innocent victim,
1817
01:33:28,184 --> 01:33:31,647
which would be an
act of true pathology.
1818
01:33:36,485 --> 01:33:39,697
Or that someone else did this,
1819
01:33:39,780 --> 01:33:42,199
and somehow entered
that apartment,
1820
01:33:42,282 --> 01:33:45,494
strangled this little boy
for reasons unknown,
1821
01:33:45,577 --> 01:33:47,371
then clambered out
that apartment
1822
01:33:47,455 --> 01:33:48,664
and escaped into the night,
1823
01:33:48,748 --> 01:33:51,041
and has never
been heard from again.
1824
01:33:51,125 --> 01:33:54,754
And either one of those
options are frightening.
1825
01:34:00,593 --> 01:34:02,178
( ticking )
1826
01:34:43,719 --> 01:34:45,262
( bangs )
1827
01:34:47,807 --> 01:34:49,850
Catena:
Please be seated,
ladies and gentlemen.
1828
01:34:49,934 --> 01:34:54,105
Good morning and welcome back
to St. Lawrence County Court.
1829
01:34:54,188 --> 01:34:56,023
This is a continuation
of the People,
1830
01:34:56,107 --> 01:34:59,026
the State of New York,
against Oral Nicholas Hillary,
1831
01:34:59,110 --> 01:35:03,239
indictment number 2015-015.
1832
01:35:03,322 --> 01:35:04,740
The matter was
scheduled this morning
1833
01:35:04,824 --> 01:35:06,909
for the Court to
deliver its verdict.
1834
01:35:06,992 --> 01:35:09,286
Mr. Hillary,
if you'll please rise.
1835
01:35:11,914 --> 01:35:15,084
Defendant was indicted
on January 19, 2015
1836
01:35:15,166 --> 01:35:21,298
for the October 24, 2011
murder of Garrett Phillips.
1837
01:35:21,382 --> 01:35:24,427
A trial was had before this
court sitting without a jury
1838
01:35:24,510 --> 01:35:26,554
over the course of three weeks.
1839
01:35:28,180 --> 01:35:30,891
The case against the defendant
is entirely based upon
1840
01:35:30,975 --> 01:35:33,018
circumstantial evidence.
1841
01:35:33,102 --> 01:35:35,478
Because of this the Court
must review the evidence
1842
01:35:35,563 --> 01:35:38,858
in this case under
a rigorous standard.
1843
01:35:39,942 --> 01:35:41,777
Accordingly,
1844
01:35:41,861 --> 01:35:45,114
it is the judgment of this court
that as to the charge of murder
1845
01:35:45,197 --> 01:35:47,950
in the second degree as
charged in the indictment,
1846
01:35:48,032 --> 01:35:50,619
the defendant,
Oral Nicholas Hillary
1847
01:35:50,702 --> 01:35:52,204
is found not guilty.
1848
01:35:52,288 --> 01:35:55,082
( applause )
1849
01:35:55,166 --> 01:35:57,668
There having been an acquittal,
1850
01:35:57,751 --> 01:36:02,005
the court shall enter an order
pursuant to section 160-50
1851
01:36:02,089 --> 01:36:03,716
of the criminal procedural law.
1852
01:36:03,799 --> 01:36:07,011
Bail is exonerated,
and the defendant is released.
1853
01:36:07,094 --> 01:36:08,219
Ladies and gentlemen,
1854
01:36:08,304 --> 01:36:10,014
this court is adjourned,
thank you.
1855
01:36:10,097 --> 01:36:12,391
( music playing )
1856
01:36:47,468 --> 01:36:49,887
Siegel:
Someone killed
Garrett Phillips,
1857
01:36:49,969 --> 01:36:53,139
but it wasn't Nick Hillary.
1858
01:36:53,224 --> 01:36:56,393
Rain:
The families were
extremely distraught.
1859
01:36:56,477 --> 01:36:59,396
They've lost a 12-year-old boy,
1860
01:36:59,480 --> 01:37:01,815
and now they see their--
1861
01:37:01,898 --> 01:37:04,193
The murderer of that
12-year-old boy
1862
01:37:04,276 --> 01:37:05,818
walking out of
the courtroom, free.
1863
01:37:05,903 --> 01:37:10,199
Siegel:
The criminal justice
system worked here.
1864
01:37:11,282 --> 01:37:13,452
It is important that the public
1865
01:37:13,536 --> 01:37:14,995
fully understand
1866
01:37:15,079 --> 01:37:18,082
how our criminal justice system
is intended to work,
1867
01:37:19,458 --> 01:37:20,584
and that sometimes...
1868
01:37:20,668 --> 01:37:23,879
Sometimes it
actually does work.
1869
01:37:25,422 --> 01:37:28,675
I'm 100% certain that
Nick Hillary was the man.
1870
01:37:28,759 --> 01:37:31,262
There will be no search
for anybody else.
1871
01:37:31,344 --> 01:37:34,473
He was the only person
that committed this crime,
1872
01:37:34,557 --> 01:37:36,100
I'm 100% certain of that.
1873
01:37:36,183 --> 01:37:39,353
Man:
Conversation that you
might've had with Tandy?
1874
01:37:39,436 --> 01:37:42,690
Rain:
Tandy is a very private person.
1875
01:37:42,773 --> 01:37:44,191
I just simply...
1876
01:37:46,735 --> 01:37:48,696
expressed my condolences,
1877
01:37:51,490 --> 01:37:53,909
and that was about it.
1878
01:37:53,993 --> 01:37:56,077
And she said,
"I know you guys tried."
1879
01:38:00,624 --> 01:38:04,210
Ward:
So I just want to say
that this team,
1880
01:38:04,295 --> 01:38:07,214
this legal team,
is not oblivious
to the fact
1881
01:38:07,298 --> 01:38:11,302
that there is a
family that even after
five years still grieves.
1882
01:38:11,385 --> 01:38:13,971
And I think the judge,
1883
01:38:14,054 --> 01:38:16,307
despite all of that emotion
1884
01:38:16,389 --> 01:38:18,434
that was exhibited
in that courtroom,
1885
01:38:18,517 --> 01:38:21,895
despite all the pain that
he saw from that family,
1886
01:38:21,978 --> 01:38:24,231
he had the courage
and he had the strength
1887
01:38:24,315 --> 01:38:26,609
to apply the law to the facts,
1888
01:38:26,692 --> 01:38:27,901
and after doing so
1889
01:38:27,985 --> 01:38:30,779
he determined that
Nick Hillary was not guilty.
1890
01:38:32,865 --> 01:38:34,282
( indistinct chatter )
1891
01:38:34,366 --> 01:38:36,785
( applause )
1892
01:38:37,745 --> 01:38:38,871
Yeah.
1893
01:38:38,954 --> 01:38:41,290
He's a man of God,
you serve a little time.
1894
01:38:43,000 --> 01:38:44,460
N. Hillary:
It was the second time,
1895
01:38:44,543 --> 01:38:47,838
you know, some of my teammates
have seen me crying.
1896
01:38:47,921 --> 01:38:49,214
Garbus:
What was the other time?
1897
01:38:49,298 --> 01:38:51,342
It was when we won
the national championship.
1898
01:38:51,425 --> 01:38:53,260
Yeah. So that was
the first time.
1899
01:38:53,344 --> 01:38:56,096
Are you going to go
back to coaching?
1900
01:38:56,180 --> 01:38:57,973
I mean,
I've never ruled it out,
1901
01:38:58,057 --> 01:39:00,517
but at the same token,
1902
01:39:00,601 --> 01:39:02,561
you know, the focus
right now at this moment
1903
01:39:02,645 --> 01:39:05,773
is to get back with my family,
1904
01:39:05,856 --> 01:39:08,484
and try to get back as
1905
01:39:08,567 --> 01:39:11,820
best sense of normalcy
within their life,
1906
01:39:11,904 --> 01:39:15,407
and then start to explore
the possibility going forward.
1907
01:39:15,491 --> 01:39:18,410
N. Hillary:
Brother Norm. Thank you.
1908
01:39:18,494 --> 01:39:20,537
- Siegel: You take care.
- N. Hillary: Yes, will do,
1909
01:39:20,621 --> 01:39:21,914
- will do.
- Be careful.
1910
01:39:21,996 --> 01:39:23,165
Yes, yes, yes.
1911
01:39:23,248 --> 01:39:25,250
Even though it's over,
it ain't over.
1912
01:39:25,334 --> 01:39:27,044
Exactly, exactly, exactly.
1913
01:39:27,127 --> 01:39:29,880
- It's never over.
- It's never over, exactly.
1914
01:39:34,718 --> 01:39:37,012
( music playing )
1915
01:39:52,611 --> 01:39:54,154
N. Hillary:
Thank you so much.
1916
01:39:54,237 --> 01:39:55,239
Man:
Yep.
1917
01:39:55,322 --> 01:39:56,657
N. Hillary:
All right.
1918
01:39:56,740 --> 01:39:59,034
( music continues )
1919
01:40:22,599 --> 01:40:23,976
Hey, boy.
1920
01:40:24,059 --> 01:40:26,103
What's going on?
1921
01:40:35,487 --> 01:40:37,030
Yeah.
1922
01:40:38,073 --> 01:40:39,074
( child exclaims )
1923
01:40:39,157 --> 01:40:42,661
N. Hillary:
Hey. ( laughs )
1924
01:40:42,745 --> 01:40:45,456
Elijah:
Why are you still dressed up
from the meeting?
1925
01:40:45,539 --> 01:40:47,291
N. Hillary:
Well, you know,
1926
01:40:47,374 --> 01:40:48,834
I didn't have time to change.
1927
01:40:48,916 --> 01:40:50,127
Elijah:
Let's go.
1928
01:40:50,210 --> 01:40:52,546
N. Hillary:
All right. Here we go.
1929
01:41:43,847 --> 01:41:50,478
( theme music playing )