The next part of the investigation was from a surveillance camera. Police soon said it was a homicide. Release Date (Streaming): The judge took it all in and after about a week of both sides summing up their arguments, he came back with a verdict. He was a popular, athletic kid. Easily explained." The victim, Garrett Phillips, was only 12 years old. On September 21, Hillarys daughter, Shanna-Kay, took the stand to defend her father. NCPR checked in with Pasqua last month. Chronicling the five years after the murder, the film is an eye-opening look at how justice is delivered and delayed. According to North Country Now, that includes civil actions filed against DA Rain and Jones. Garrett Phillips' mother, Tandy Cyrus. Rain credited the "Justice for Garrett" movement Brian Phillips, Garrett's uncle, sold and distributed thousands of posters bearing the slogan and raised $40,000 for a reward fund . Nick said he was shocked and surprised to hear the allegations of bad blood between him and the young boy. Hillary has adamantly denied the charge, saying from day one he was innocent. But you cant take race out of the picture the way in which white Americans are just more likely to look at Black people as capable of committing crimes. 23, with Part 2 following the next night on Jul. They are the only reason that Nick is not in prison, she says. Jones essentially told the players . But I hope Im wrong about that, Garbus tells Variety. Oral "Nick" Hillary still coaches soccer. Nick did say he was at the high school that day, watching a soccer game. Now, she hopes her doc will put similar pressure on the story so that maybe her titular question can finally be answered. "He was a kid he was a 12-year-old kid. Director Liz Garbus is pictured in an undated photo. Garrett Phillips was a 12 year old boy who lived with his mom, Tandy and brother, Aaron, in Potsdam, New York. When police arrived and got into the apartment, they found Garrett unresponsive on the floor in a bedroom. It concerns a group of people who were living in the North Country around the time of the murder. aired on HBO on Jul. Hillary does not shy away from the scrutiny the film will bring, saying his ordeal will have had purpose if it saves others from similar mistreatment by law enforcement. The coachs daughter Shanna-Kay Hillary testified for her father and said he was in their house at the time of Garretts murder. Related stories:A phone call from inside the investigationPasqua wouldnt provide any details beyond that, but it appears state troopers passed the new information to Potsdam Village Police, which is still the lead agency in control of the case. HBO. There was word that several other boys were with Garrett when he died. Garrett didnt ever want to be alone with Nick, even though Nick said he never had any problems with Garrett. Let me know what you think in the comments. The prosecutor would thunder that the camera had in fact recorded Nick out "hunting" for the boy just minutes before his death. Because we werent gonna get justice for him.". Nick was deposed for the suit. (Courtesy of HBO ). Director Liz Garbus is pictured in an undated photo. I thought this was interesting, but I dont see it as anything other than he didnt want them to have his DNA. I needed someone trained to put their emotions to the side., Oral "Nick" Hillary, center, hugs defense attorney Edward Narrow after being found not guilty in the murder of Garrett Phillips on Wednesday, Sept. 28, 2016, in Canton, N.Y. (Jason Hunter/AP). Oral Nick Hillary stands outside the St. Lawrence County Courthouse Wednesday in Canton during a press conference after he was found not guilty of murdering Garrett Phillips. The lawn signs of a grinning 12-year-old boy demanding Justice for Garrett remain scattered around the town. Pasqua and local police have declined to comment. Hammond, Norfolk teens jailed on charges of sex abuse, endangering the welfare of child . "Oral Hillary will face that for the rest of his life unless the true perpetrator is found and held accountable," Bastuk said. That trial could begin later this fall. In 2011, Garrett Phillips, who was just 12-years-old, was killed in his upstate New York home. He added: "It was definitely frustrating. Heres what you need to know about the case. Do Not Sell/Share My Personal Information. Hillary got back with Lee after the death of Phillips, the New York Times reported in 2011. Variety and the Flying V logos are trademarks of Variety Media, LLC. As least, thats what many may hope after the new St. Lawrence County district attorney admitted a new tip earlier this spring. "I think about him every day. (Courtesy of HBO ). The duo were joined by lawyer Mani Tafari, who also shared his view on the case. Since moving to New York, I've associated Kips Bay with decent curry and a cheap pint. By the time Liz Garbuss two-part documentary Who Killed Garrett Phillips? debuts on HBO, there could be a new public lead in the case of the murdered titular 12-year-old. They're calling for the state Attorney General. Tandy and Aaron have since moved out. Though the crime happened almost five years ago, the whodunit of it all has consumed this quiet area. proceeds with the case. After about a year together, Tandy moved out with her sons. Her father said Ill be right back through the door, and when she got out of the shower 20 minutes later, her father was home. The mystery of what happened to Garrett Phillips continues. Potsdam's chief of police is now Mark Murray, who was lead detective on the Garrett Phillips investigation. That's a remarkable jump from the window.". Mar 8, 2019. He loved sports, being with his friends and ripsticking (kind of like skateboarding, but your back leg always moves). The police went to Nicks soccer game the day after the murder, and recorded him on the sideline. Potsdam, NY, interim police chief takes ABC News through the crime scene. Oral "Nick" Hillary, center, hugs defense attorney Edward Narrow after being found not guilty in the murder of Garrett Phillips on Wednesday, Sept. 28, 2016, in Canton, N.Y. Garbus says she would do a follow-up to her doc if need be, but she admits that after her experience getting to know the Potsdam police for the project, she doesnt think its likely. Photo: Brit Hanson, Groups call for independent probe of Garret Phillips murder, Groups call for independent probe of Garrett Phillips murder, David Sommerstein (News Director), cleared in Garrett Phillips death almost four years ago, local police and prosecutors declared the case closed, Nick Hillary's civil rights case, and how it links to a broader moment of reckoning, A phone call from inside the investigation, Gumball machine serves up free poetry in the Adirondacks, Not in Old Forge's backyard? It was two days after 12 year-old Garrett Phillips was found strangled to death in his home in Potsdam. The altercation made him fearful for himself and his family, NNY 360 reported. "The Garrett Phillips case is just full of the appearance of impropriety.". Nick Hillary, Tandy Cyrus Collins, lawyer who questioned Hillary in civil suit to be featured on NBC https://t.co/EkWKVOTN1o #lawyer. After the schoolboys body was found suffocated and strangled, all fingers pointed to Nick as the murderer. When asked if it was under investigation, Pasqua responded: "I think that's safe to say, yes.". The people who lived downstairs didn't report hearing or seeing anything, Murray said. As Tandy would tell us, Nick was rigid -- a man with a plan for every day. They said that he had a limp in his right leg, however, the video is grainy and I didnt see any limp. On May 14, 2014, Nick was arrested and charged with second degree murder. And they havent been in touch with Garrett Phillips family. A security camera recorded Garrett skating home from an afternoon of basketball with his school pals just before 5 p.m. The two-part HBO documentary "Who Killed. Garrett was found unconscious in his home and died that night due to injuries inflicted by a yet unknown perpetrator. "The district attorneys office, the police, and the sheriffs department refuse to get to the bottom of things and basically have swept this investigation under the rug.". One DA declined to pursue an indictment and was eventually voted out of office. "Nothing in the living room area was out of place," Murray said. Genre: Documentary. He was read his rights. Hillary was the ex-boyfriend of Phillips' mother Tandy Cyrus, but another of her exes, John Jones, proved to be a key figure in the case as well. Despite housing crisis, there's pushback against development, Rochester man dies in snowmobile crash on the Tug Hill, Hochul wants to tie the minimum wage to inflation. Garrett was taken to the local hospital where he was declared dead later that night. On Tuesday, the eve of the verdict, Interim Potsdam Police Chief Mark Murray took ABC News' Elizabeth Vargas through the crime scene: a 3-bedroom apartment where Garrett lived and where he was found on the floor that fateful October day. But the verdict came down as not guilty, and Tandy never ended up going on the record with Garbus. What 12-year-old kid just isnt right full of life? The DNA was ruled immiscible, and the case was based on circumstantial evidence. An officer arrived on the scene and found 12-year-old Garrett . He talked a lot about accountability, but with guys rarely getting benched, demoted or cut, it was just talk. According to the documentary, that once police focused in on Hillary an Army veteran and respected soccer coach at nearby Clarkson University other investigative avenues were not explored. Garrett Phillips was a 12 year old boy who lived with his mom, Tandy and brother, Aaron, in Potsdam, New York. A few other people who were interviewed in this episode also said they didnt see a limp and it could have been the recording and camera. After Hillary was cleared, Rain claimed the case was closed because she still believed he was guilty, which is crazy, according to Garbus. "Thats not gonna change.". Police suspect the killer escaped through this window. Nick said he went home after. The filmmaker interviewed Mark Murray, who headed the police investigation, Mary Rain, the former St. Lawrence County district attorney, and William Fitzpatrick, the Onondaga County district attorney who headed the trial team. His career, its Nick interrupted: Its gone., Continuing her spiel, Liz said: His family have suffered great trauma and Nicks financial situation is not what it was before its not a happy ending.. Again, this doesnt really prove anything. Part 1 of Who Killed Garrett Phillips? On Wednesday morning, Hillary was found not guilty by a judge, after a two-week long trial. His admiring teammates in their undefeated season called him, "The General. He'd parlayed his experience into a job as the head coach of the men's soccer team at Clarkson. Nick soon asked for a lawyer, food and cigarettes. Fast forward to October 24, 2011. She added Nick warned her, "If I didn't get Garrett under control or get him on a more strict schedule, then when he got older I wasn't gonna be able to control him. "I dont know that its fair to them to keep reliving it unless something new or different happens. And the focus right now is to start puttin this in the rearview mirror.. When they didnt hear back, they called on state Attorney General Tish James to intervene. There is only one door to the apartment. He is also a Jamaican immigrant, who was living in a community that was 94 % white a fact crucial to understanding how the justice system failed Garrett, Brooklyn-based director Liz Garbus told the Daily News. Director: Liz Garbus. It's going on four years since . However, Shanna-Kays phone records show she texted her father at 6:24pm, asking Whats for dinner?. The Phillipps family was victims of prosecutorial misconduct, as well as Nick, says Garbus. He has maintained his innocence since day one telling Elizabeth Vargas, I have absolutely nothing to do with what has happened to Garrett. At least one of them had talked to police back in 2011, and their story did not add up. Nick Hillary Found Not Guilty in Murder of 12-Year-Old Garrett Phillips. It's about the unsolved October 2011 murder of a 12-year-old boy, Garrett Phillips, who was strangled by an intruder while he was home alone in the Potsdam, N.Y., apartment he shared with his . — -- It was Oct. 24, 2011, when 12-year-old Garrett Phillips was found strangled to death inside his home in Potsdam, New York, a small town near the Canadian border. https://www.oxygen.com/martinis-murder/who-killed-garret-phillips-theories, https://heavy.com/news/2016/09/garrett-phillips-abc-news-2020-trial-potsdam-obituary-nick-hillary-websleuths/, https://philosophyofcrime.com/the-murder-of-garrett-phillips/, https://www.nny360.com/news/crime/garrett-phillips-revisited-recent-leads-in-murder-case-fall-flat/article_615185e3-73a4-511c-a287-43c85b845d14.html. After Nick Hillary was found not guilty almost four years ago in a trial that captivated the North Country and gained national headlines, local police and prosecutors declared the case closed, insisting on Hillary's guilt. At 9pm, Dateline will air The Accused, which will focus on law enforcement and community response to the horrific crime, according to Syracuse.com. "It's very frustrating," he told "20/20." Nick had to leave the station that day in a hazmat suit. Where was he on the day of the murder? The new DA made the case her central mission and finally got a grand Jury to indict Nick Hillary. He was 19 at the time of the 2013 arrest, which makes him the same age as the Brandon D. Murphy in question for Garrett's murder. The first part of the documentary Who Killed Garrett Phillips? "There is obviously no resolution to Garrett Phillips murder," Pasqua said at the time. And Nick doesnt have any of that right now. After the trial ended in 2016, Murray told NCPR, were confident we prosecuted the right person.. A Brandon D. Murphy from nearby Norfolk was arrested in 2013 for sexual contact with a minor under 14. Related stories:A phone call from inside the investigationSteve Downs, former chief attorney for New Yorks Commission on Judicial Conduct, said Friday that state rulings require avoiding those potential conflicts. -- It was Oct. 24, 2011, when 12-year-old Garrett Phillips was found strangled to death inside his home in Potsdam, New York, a small town near the Canadian border. [2] It would take 18 more months for any more information about what happened to Garrett would come to light. But then when we looked at it closer. Police said they tested every person with access to the apartment, including residents and maintenance staff. In their ruling, a state disciplinary panel wrote that Rain's handling of the Garrett Phillips case was one of several ethical issues that contributedto her punishment. Rain ran for district attorney of Potsdam in 2013 with a platform that specifically singled out Tandy Phillips, promising to prosecute someone for the murder of Garrett. Around 5:16pm, the police arrived. I think of Michelle McNamara: Did that book [Ill Be Gone in the Dark] solve that case? On the same courthouse steps in Canton where Hillary walked away a free man after being cleared in Garrett Phillips death almost four years ago, a couple dozen people held a press conference Friday afternoon. Variety is a part of Penske Media Corporation. But Murray said, "even if we had collected hairs and fibers [matching Hillary], he had been in the apartment -- he moved [Garrett's mother] Tandy in, he was in the apartment in the middle of the night on a number of occasions. When the former live-in boyfriend of the mother, a black Jamaican-born soccer coach, became an almost immediate suspect in the murder, a cry went out from his camp that he was being railroaded. Privacy Policy. It just blows my mind.. Original Language: English. It's an unlikely setting for what reporter Jesse McKinley of the New York Times would tell us turned out to be a story about "love triangles and fated love." Nick was the head soccer coach at Clarkston University, and had played there himself. For more information, please see our Advocates for the wrongfully accused are trying to draw new attention to the murder of Garrett Phillips in Potsdam nine years ago. It was a long wait leading up to the trial in 2016. The police also noticed Nicks ankle was swollen and he had an abrasion on his ankle. His killer is still out there. "Even the appearance of impropriety is as devastating in its consequences to the judicial system as the actual impropriety itself," said Downs. They moved in just months before Garrett died, after Cyrus and Hillary broke up. Theyre Aug 17, 2020 Advocates for the wrongfully accused are trying to draw new attention to the murder of Garrett Phillips in Potsdam nine years ago. he was with his dad cutting wood (his dad confirmed this), 2.) The original DA did not feel that she could mount a case, and Mary Rain mounting the case put them through an enormous amount of hope, and then disappointment.. The window is how it is believed that the killer escaped. Who Killed Garrett Phillips? airs July 23 and 24 on HBO. He was just all about control.". Is Nick guilty or innocent? This led to Hillarys arrest, which satisfied Brian Phillips, who still passionately professes his belief that Hillary is guilty in Garbus doc. What makes this weirder is that Brandon and his dad both say they saw a white male with dirty blonde hair go in out of 100 Market Street around 3 - 330. And yet, in that security video of Garrett on his skateboard, wasn't that Nick driving his Honda CRV though the high school parking lot just after Garrett skated by? His rip stick was neatly propped up against the wall. "The head person, the most dominant person everybody is gonna follow their lead," said James Trainum, a nationally-recognized police consultant. Inside the home that day, "Everything was very clean," Murray said. "He was something else. They also heard someone saying no and crying out for help. True crime is popular because theres a healthy impulse to want these things to be solved, Garbus says. The police had a theory about the motivation, a story about obsessive love gone wrong. We reached out to Murray this winter ask how hes handling the investigation, but he declined to comment. However, at 6:24pm, Nicks daughter texted her dad asking what was for dinner, despite having told the police Nick was home with her at the time of the murder and they had talked about dinner. Whatever has come to light or will come in the years ahead Phillips said hes tried to focus on the good. Ive probably seen every show on this case, but for my research I watched Deadline Crime with Tamron Hall. When the police arrived on the scene, Phillips was still breathing. Dismiss. As le The big question now is how law enforcements following up. He was 12. The DA says an investigation is ongoing, but its hard to know if police are taking the new information seriously. For years, no one was named in Phillips death. Police have estimated that Garretts murder took place around 5pm neighbors called the police to complain of hearing strange noises coming from his apartment at 5:07pm. Again, I saw an abrasion, but it ankle didnt look swollen to me. Garretts family, especially his mom and uncle, Brian Phillips, believe Nick 100% killed Garrett. Oct. 24 marked the ninth anniversary of the murder of 12-year-old Garrett Phillips. What was his relationship like with Garrett? His backpack was taken off. Tandy and Nick had moved in together for a brief time, but according to family of Garretts, Nick and Garrett didnt get along. After 22 witnesses testified and after a two week trial, Nick was found not guilty. If there's been an acquittal, Trainum said, thats all the more reason for investigators to take a step back and consider how the case unfolded. I did everything I could. For five years my family and I have been livin underneath this cloud, said Nick. The murder trial began in the county seat, Canton, New York this month. Dismiss. The medical examiner also collected DNA from under Garretts nails. The Accused: With Lester Holt. The current district attorney, Gary Pasqua, has given Potsdam Police, now headed by Murray, new information pointing to a different suspect. It was almost Halloween, a rainy late Monday afternoon in Potsdam, NY, when a security camera high atop a high school recorded a video that still makes the hair on your neck stand-up. "And so, whos going to challenge him?". Read more at watertowndailytimes.com. This button displays the currently selected search type. But who's looking, you know, 40 yards off, 50 yards off the street on a dark, rainy night for someone jumping out a window?". "It still is. All Rights Reserved. We did hear these rumors, and we wanted, as much as we could, to go out and explore them and accompany local journalists, Garbus says, but there really was so little [to go on]. On Oct. 24, 2011, a dispatcher in Potsdam, N.Y., got a 911 call from a person reporting suspicious sounds in a neighboring apartment. 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