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. After Hillary was cleared, Rain claimed the case was closed because she still believed he was guilty, which is crazy, according to Garbus. Garrett Phillips was strangled in his family's second-floor apartment in upstate Potsdam in October 2011. 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. Since moving to New York, I've associated Kips Bay with decent curry and a cheap pint. Garbus film, which debuts on Tuesday, uses police footage and photos, video evidence and interviews to recount what went wrong in meticulous detail. Garrett and his family lived on the second floor, so the police determined that the killer would have had to jump on the landing and then down to the ground. He was, they said, the only person in town with a grudge against Garrett, blaming him, the family argued, for the break-up of his relationship with Tandy. By the time Liz Garbus 's two-part documentary " Who Killed Garrett Phillips ?" debuts on HBO, there could be a new public lead in the case of the murdered titular 12-year-old. "It's very frustrating," he told "20/20." He was asked many questions about where he was the day of the murder. "It became very clear that the only place to get in or out, other than the front door that hadn't been utilized, was this window," he said. According to North Country Now, that includes civil actions filed against DA Rain and Jones. 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. He was 12. Nick was deposed for the suit. A state investigator whos close with the murdered boys family. The murder trial began in the county seat, Canton, New York this month. 2023 Variety Media, LLC. ", Brian Phillips, Garretts uncle, said he hadn't been notified about the existence of any tips but he also admitted he's not too interested in continuing to hear them. When 12-year-old Garrett Phillips was murdered in 2011, suspicion turned to soccer coach Oral "Nick" Hillary. The DA says an investigation is ongoing, but its hard to know if police are taking the new information seriously. His neighbours turned against the proud father, and he was soon fired from his job back in 2011. A Brandon D. Murphy from nearby Norfolk was arrested in 2013 for sexual contact with a minor under 14. 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? 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 . We were fascinated by the legal intricacies, the nuances of the case, and picturesque Potsdam, a river town so far upstate New York the closest big city is in Canada. 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." 24. 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 . The university soccer coach had previously dated the victims mother, Tandy Cyrus, but was reported to have split with the grieving mum as he didnt get on with her children. "Theyre able to benefit from the mistakes that they learned. "The head person, the most dominant person everybody is gonna follow their lead," said James Trainum, a nationally-recognized police consultant. It doesnt say what his relationship was like. Dateline's been covering the case of Garrett Phillips for over a year. That process has a name sentinel event review. When we met Hillary before his trial, we talked about his early years growing up in a large family in Jamaica. Following this, Hillary was then indicted for murder in the second degree, spending 70 days in prison before he was released on bail. Phillips was the 12-year-old boy who was fatally Mar 08, 2019 A St. Lawrence County prosecutor says there's a new tip in the Garrett Phillips murder case. IE 11 is not supported. Nick and Tandy met while Tandy was working part time as a bartender. They were very much in his personal space as he was standing there naked with several cops around. proceeds with the case. But I hope Im wrong about that, Garbus tells Variety. 2023 BDG Media, Inc. All rights reserved. His rip stick was neatly propped up against the wall. When Hillary was acquitted this week, the judge said that his case was mostly circumstantial and didnt prove he was guilty without a doubt. Lauren Rosenthal (Investigative Reporter and Producer), A phone call from inside the investigation, Gumball machine serves up free poetry in the Adirondacks, Not in Old Forge's backyard? But then when we looked at it closer. 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. Nick Hillary is the ex-boyfriend of Tandy Cyrus. But their approaches to parenting seemed very different. There was another former flame of his mother Tandy Cyrus a local sheriffs deputy against whom she had previously filed a complaint saying he made her fear for the safety of myself and my sons.. 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. He loved sports, being with his friends and ripsticking (kind of like skateboarding, but your back leg always moves). I thought this was interesting, but I dont see it as anything other than he didnt want them to have his DNA. She told ABC, I just remember him looking down at me over the tops of his glasses, telling me that there was nothing else that they could do., Cyrus was initially told that Garrett fell. "To date we do not know who murdered that 12 year-old boy," said WilliamBastuk, executive director of It Could Happen To You, a Rochester-based not-for-profit that fights to overturn wrongful convictions. Chronicling the five years after the murder, the film is an eye-opening look at how justice is delivered and delayed. He wore a T-shirt and blue-and-white checkered shorts. There were many similarities in Hillary and Jones: they were both romantically connected to Phillips' mother and they were both allegedly seen in proximity to Phillips before the murder. Shanna Hillary is the eldest of Nick Hillary's five children. (Hillary has denied visiting the apartment without Cyrus' permission. Soon afterwards, a neighbor in Garretts apartment building heard strange noises and called 911. 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Now, she hopes her doc will put similar pressure on the story so that maybe her titular question can finally be answered. A police chief whose brother names his successor as mayor. Prosecutors have also said they will not reopen the investigation. Garretts mother, Tandy Cyrus, has said that her son was a gregarious boy who had absolutely no fear. "Even the appearance of impropriety is as devastating in its consequences to the judicial system as the actual impropriety itself," said Downs. Oral Nick Hillary exhales as he leaves the St. Lawrence County Courthouse in Canton Wednesday after being found not guilty of murdering Garrett Phillips. Tandy also told the police that Nick had a key, and had shown up at their house unannounced one night, and stood over her bed. He also had deep rug burns, scratches on his face, a black eye and cauliflower ear. After Nick was done smoking, he kept the butts in his pocket and even put one in the drain. Part 2 premieres on HBO on . The medical examiner also collected DNA from under Garretts nails. Advocates for the wrongfully accused are trying to draw new attention to the murder of Garrett Phillips in Potsdam nine years ago. (Courtesy of HBO ), There was systemic racism and police tunnel vision but when both are linked it becomes really problematic, Garbus explained. Do Not Sell/Share My Personal Information. Today, Garrett's mother's ex-boyfriend, Nick Hillary, was found not guilty in the boy's murder. When he arrived back home to the second-floor apartment he shared with his mother and younger brother , someone would strangle and suffocate the life out of the boy. Then, at the hospital, she found out he was in cardiac arrest. You would send a wave of evidence, you know, expecting a probative piece of DNA, or fingerprint or a hair or fiber then just not getting that. with hopes to shed more light on the devastating case. Forty minutes later, he was found strangled to death in his mother's bedroom. The signs became iconic in Potsdam. Just to say, I tried. By then, the D.A. I did everything I could. Despite having only circumstantial evidence, the D.A. Weve been covering the case for over a year. Nick Hillary's defense had elected to waive a jury trial and argue directly to the judge. But going forward, it looks like industry-shifting life sciences Garbus credits the dogged local reporters who wouldnt let up on the case for bringing it to the larger attention, including her own. But at the same time, so many armchair sleuths, so many Reddit boards, so much discussion only increased the chances of it being solved.. Nick is innocent, and cannot be retried. His white mom names black ex-boyfriend Nick Hillary as most likely to kill Garret. At the time, lead prosecutors declared the case was closed. (Courtesy of HBO ). Dismiss. Garbus questioned them about their missteps and lack of physical or DNA evidence tying Hillary to the crime. He looked like he was sleeping.. But Hillary and a vocal group of supporters say that he has been wrongfully accused. But now, St. Lawrence Countys new prosecutor, Gary Pasqua, says he's learned of another lead that points away from Hillary. Garrett Phillips was twelve years old when he was murdered It doesn't appear that Jones's daily life has been drastically changed following the case: without negative reports, one can imagine that he still resides in Potsdam, New York. Around 5:16pm, the police arrived. 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. Rain said she was "100% certain" she'd prosecuted the right person. And Nick doesnt have any of that right now. His brilliant field leadership at St. Lawrence, next door to Potsdam, had made him a college All-American. "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.". After first reading about the case in a New York Times article, Garbus recalls being struck by the thematic issues and concerns that, I think, are ones that spoke to larger systemic problems. Specifically what caught her attention was that the local polices focus was on one of Phillips mothers ex-boyfriends, a Jamaican American man who was well-known around town as a soccer coach, despite the fact that he had an alibi and that there had been rumblings of other possible suspects early on. The DNA was ruled immiscible, and the case was based on circumstantial evidence. 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. 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. With the case still very much open and unsolved, justice for Phillips has not been achieved. This case is about a murdered 12 year old and the polices tunnel vision against one suspect. Director Liz Garbus Writer Karen Sim Stars Oral Hillary Brian Phillips Tyler Rodrigues See production, box office & company info Watch on Prime Video No, the police did. Oral "Nick" Hillary still coaches soccer. Hillary was considered a suspect because he was an ex-boyfriend of the boy's mother. Nick said he went home after. Talking on Build, ahead of the series which dropped onto Sky Crime earlier this month, Hillary spoke about his life after the case. Phillips also knows that the former DA, Mary Rain, had her law license suspended last summer. But hes also said recent new leads have gone nowhere. Garrett was found unconscious in his home and died that night due to injuries inflicted by a yet unknown perpetrator. An officer arrived on the scene and found 12-year-old Garrett . It's simple.. The two-part HBO documentary "Who Killed. From the polices point of view, they thought they had the best suspect the most they could put together on someone, says Garbus. Director of the documentary Liz Garbus, added: And what you dont know if you havent seen the documentary yet is Nick was an all American soccer champion and a graduate from Saint Lawrence University and became a coach at Clarkson, coaching a great soccer team and a military veteran. Variety is a part of Penske Media Corporation. New pieces complicate Garrett Phillips murder storyPeople in St. Lawrence County know his face: the smiling, golden-haired 12-year-old boy, Garrett Phillips. Back in the hospital, Garrett Phillips was pronounced dead at 7:18pm. They said that he had a limp in his right leg, however, the video is grainy and I didnt see any limp. Starting with talking heads with the neighbors who first called 9-1-1 after hearing a crash and ominous moaning coming from inside the Phillips apartment, Garbus takes her audience back to Phillips last moments and then expands the story to include similar interviews with police and journalists alike who investigated the crime, as well as the former district attorney who pushed for an arrest, Phillips uncle Brian, and the man who stood trial for the crime (Hillary). For years, no one was named in Phillips' death. Tafari, a lawyer who provided legal support to his former Tilden High School friend, doesnt believe this film can change a corrupt system. Cyrus says that when she showed up at the hospital, her son had bruises all over his face, and Marks on his neck. They also heard someone saying no and crying out for help. Fourteen at the time of the murder, she was one of his two alibi witnesses. David SommersteinGroups call for independent probe of Garret Phillips murder. The first afternoon, of many, spent rebuilding his life. They were biased right away. A deputy sheriff as a suspect who also helps the investigation. A lot of people discredit The Choke Out Theory, but after digging in to find something else other than tips called into the Potsdam Police Department I have tracked down this article that the DA's office has been looking into. The Phillipps family was victims of prosecutorial misconduct, as well as Nick, says Garbus. The documentary examines and chronicles the years following the 2011 murder of 12-year-old Garrett Phillips and the subsequent trial of Clarkson University soccer coach Oral "Nick" Hillary. The police went to Nicks soccer game the day after the murder, and recorded him on the sideline. Ms. On September 21, Hillarys daughter, Shanna-Kay, took the stand to defend her father. 1.) Fast forward to October 24, 2011. All of other window screens in the home were intact, Murray said. He thought Nick [Hillary] was the guy, so I think the likelihood of this being pursued by the police and the DA needs the police to do the pursuing is pretty low. The issues around race and policing and prosecutorial misconduct have been huge issues across our nation. By rejecting non-essential cookies, Reddit may still use certain cookies to ensure the proper functionality of our platform. On that rainy afternoon in October 2011, police responded to the scene at just after 5 p.m. after next-door neighbors heard concerning noises from Garrett's apartment and called 911. ", 24/7 coverage of breaking news and live events. He entered the parking lot of the high school, heading towards his house. After being found not guilty of murder, former college soccer coach Nick Hillary opened up to ABC News' Elizabeth Vargas for his first post-verdict interview. Theyre calling for the state Attorney General to appoint a special prosecutor to investigate the 12 year-old boys death. Whether Phillips mother agrees remains to be seen. -- 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. He loved his ripstick," Phillips said. Potsdam's chief of police is now Mark Murray, who was lead detective on the Garrett Phillips investigation. 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. Dismiss. 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