After 22 witnesses testified and after a two week trial, Nick was found not guilty. 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. Ignorance and arrogance walk hand in hand through "Who Killed Garrett Phillips ?"documentarian Liz Garbus 's incendiary true-crime drama about the death of . 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. Whatever you might say about the film and how it portrays the justice system and Nick Hillary, my hope is that it also reflects the pain of the loss of this family and the gaping hole it left in their lives, Garbus says. They're calling for the state Attorney General. We need to start a true dialogue about how can we bring forth changes, he explained. Back at the crime scene, the police realized there was no forced entry, but there was an open window, with the screen cut out. In March 2019, North Country Public Radio reported that Hillary had filed a lawsuit against the New York State Police, St. Lawrence prosecutors, local police, St. Lawrence County District Attorney Mary Rain, and Jones, who was a Sheriff's Deputy in St. Lawrence County. He loved sports, being with his friends and ripsticking (kind of like skateboarding, but your back leg always moves). Join now Sign in . Tonight, ABC News and Dateline will both investigate the 2011 murder of Garrett Phillips. They couldnt break down the door, so they got the manager to unlock the door, which was locked from the inside. Easily explained." 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]. 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. Still, hed urge every black person in America to see the movie., We can change how black people deal with the system, Tafari says, so they understand that when it comes to law enforcement, you are going to be the subject of their suspicion and you should learn that cooperation could dig your own grave.. 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. Cookie Notice It would take 18 more months for any more information about what happened to Garrett would come to light. Dateline's been covering the case of Garrett Phillips for over a year. A state investigator whos close with the murdered boys family. Nick is targeted. However, if youre innocent, why would it matter? A security camera recorded Garrett skating home from an afternoon of basketball with his school pals just before 5 p.m. Bastuk says now is the time to draw national attention to a murder case thats been unsolved for too long. Rain said she was "100% certain" she'd prosecuted the right person. Is Nick guilty or innocent? Garrett was described as always being a happy kid, who always had a smile on his face. [2] Who Killed Garrett Phillips? Tandy Cyrus, Garretts mom, was at her other sons basketball practice. When asked if it was under investigation, Pasqua responded: "I think that's safe to say, yes.". After it ended in an acquittal, Phillips said he had to draw back. There was really nothing beyond whats in the film that we were able to learn.. Privacy Policy. Do Not Sell or Share My Personal Information. But at the same time, so many armchair sleuths, so many Reddit boards, so much discussion only increased the chances of it being solved.. 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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.. "To keep dredging up that case and to continue to put people in the spotlight who Im sure dont want to be in the spotlight like Garrett Phillips family," Pasqua said. 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. 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. Though the crime happened almost five years ago, the whodunit of it all has consumed this quiet area. 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. This case is about a murdered 12 year old and the polices tunnel vision against one suspect. Nick tried to leave for work, and the police blocked the door. You've got inclement weather, it's near dusk -- if not dark.". 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). He has maintained his innocence since day one telling Elizabeth Vargas, I have absolutely nothing to do with what has happened to Garrett. "You could see that Garrett had neatly set his sneakers by the closet. When he entered, he found an adolescent boy, just around the corner, lying on his back in the master bedroom, with his head facing the door. "There is obviously no resolution to Garrett Phillips murder," Pasqua said at the time. North Country Public Radio has learned that a local source reached out to state troopers last fall with a possible tip. "Everybody that knows me knows what goes through my head and who I believe," Phillips said. 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. Because we werent gonna get justice for him.". There was very little energy around anything else in this case., Over time, as Garbus kept asking the key players in the case to relive and rehash the nitty, gritty details, she says she doesnt feel that changed. "Im here because justice is due for Garrett and justice is due for Nick Hillary, too," Baxtron said on Friday. Nick was finally released, but they kept his clothes and took the cigarette butts from his pocket and drain. Despite the fact that the circumstantial evidence against him and Hillary was so similar, he didn't suffer nearly so many consequences as Hillary did. Since then, St. Lawrence County law enforcement has been unable to piece together the facts surrounding this tragedy and bring . There was word that several other boys were with Garrett when he died. I probably will the rest of my life," Phillips said. Nick said he had nothing against the boy or his mother and that his alibi witnesses, his daughter and an assistant coach, would place him elsewhere at the time of the murder. Cyrus did not want to participate. Weve been covering the case for over a year. He was asked many questions about where he was the day of the murder. The two-part HBO documentary "Who Killed. The signs became iconic in Potsdam. Garrett lived at the apartment at 100 Market St. with his mother, Tandy Cyrus, and younger brother, Aaron. "I dont know that its fair to them to keep reliving it unless something new or different happens. The prosecutor would thunder that the camera had in fact recorded Nick out "hunting" for the boy just minutes before his death. Jennifer Baxtron, organizer of many demonstrations in Potsdam and across St. Lawrence County, has collected 1,650 signatures on a petition calling for an independent investigation. That trial could begin later this fall. How are police handling new leads in the Garrett Phillips case? When it comes to investigating new tips, Trainum said, it matters whos in charge. Hillary, after years in the bulls-eye of public opinion, also broke down in tears, a free man once more. Nick said he was shocked and surprised to hear the allegations of bad blood between him and the young boy. The murder trial began in the county seat, Canton, New York this month. Its season 6 episode 2 titled Home Alone.. He was just all about control.". When 12-year-old Garrett Phillips was murdered in 2011 . As of this week, the source who originally contributed the new lead said that they have not been contacted by Potsdam investigators roughly six months since this person first attempted to share information with law enforcement. Dismiss. Nick also denied this ever happened. But he said Hillarys situation fits in with nationwide protests over racism in policing a Black man associated with a crime even after a not guilty verdict. The victim, Garrett Phillips, was only 12 years old. Dismiss. Forty minutes later, he was found strangled to death in his mother's bedroom. Photo: Julie Grant, St. Lawrence County DA Mary Rain at a press conference after the trial in 2016. If Carranza, the dude changing a tire at 100 Market, saw a black man in the window, could it have been Amos? I was in complete shock, she told ABC News. He added: "It was definitely frustrating. (Courtesy of HBO ). (Courtesy of HBO ). He was read his rights. What was his relationship like with Garrett? There was a blue car that the police zeroed in on. Theyre calling for the state Attorney General to appoint a special prosecutor to investigate the 12 year-old boys death. Talking on Build, ahead of the series which dropped onto Sky Crime earlier this month, Hillary spoke about his life after the case. They are the only reason that Nick is not in prison, she says. That there'd been a rush to judgment. He had minutes left to live. The apartment that Jones helped Cyrus find was the same spot where Phillips was found gravely hurt. Garbus questioned them about their missteps and lack of physical or DNA evidence tying Hillary to the crime. The lawn signs of a grinning 12-year-old boy demanding Justice for Garrett remain scattered around the town. In 2006, Hillary was acquitted of murder after a trial before a judge without a jury, The jury pool came from the same individuals who had elected the district attorney, Hillary, 45, told The News. Director: Liz Garbus. They called 911 around 5:08pm. After Hillary was cleared, Rain claimed the case was closed because she still believed he was guilty, which is crazy, according to Garbus. The big question now is how law enforcements following up. He was the last person seen with him and he was know to be violent and committed a confirmed violent act. Tonight, ABC News' 20/20 will investigate the death of 12-year-old Garrett Phillips. But I hope Im wrong about that, Garbus tells Variety. 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. And the focus right now is to start puttin this in the rearview mirror.. Shanna Hillary is the eldest of Nick Hillary's five children. Trainum is part of a growing movement that encourages police and prosecutors to check their work with these reviews. But despite being a free man, it seems Hillary is still struggling to clear his name in his community. Read Next: WGAs David Young Bows Out of Negotiations Due to Medical Leave, Bridget Everetts Comedy Can Be Blue on Stage But Somebody Somewhere Leans Into the Tender Moments, Inside the Naomi-Verse With Ava DuVernay and Kaci Walfall, Woody Harrelson Slams COVID Set Protocols as 'Nonsense,' Urges Hollywood to 'Stop' Forcing 'Vaccination': Thats 'Not a Free Country', Ant-Man and the Wasp: Quantumania Writer Surprised by Terrible Reviews: I Was in a Low Spot and Really Sad About It, Super Mario Bros. Movie Is Releasing Two Days Early, 'Perfect Match' Star Joey Sasso on Running Around Panama to Find an Engagement Ring, How Much It Cost and What Viewers Didnt See, Michael B. Jordan Meets Reporter at 'Creed III' Premiere Who 'Teased Him all the Time' in High School: 'I Was the Corny Kid, Right? 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. As least, thats what many may hope after the new St. Lawrence County district attorney admitted a new tip earlier this spring. HBO's new two-part documentary "Who Killed Garrett Phillips?," premiering on July 23 and 24, is a stunningand enragingexamination of race and the U.S. criminal justice system. He argued that Garrett was the victim of overzealous prosecutors and poor defense attorneys. 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 prosecution, he ruled, had not made its circumstantial case "beyond a reasonable doubt." Even more interesting is that Brandon has a cousin who was 15 at the time named Amos who is black and Hillary's lawyer believes they have information that puts Amos and Brandon at the scene and may have information regarding the murder. Nick was deposed for the suit. He would be both judge and jury in what's called a bench trial. Hillary claims Potsdam and St. Lawrence County law enforcement violated his civil rights, in part because hes Black. Tandy's 12-year-old, Garrett, bristled at his mom's new boyfriend, said Tandy. A deputy sheriff as a suspect who also helps the investigation. The only real signs of struggle was his sweatshirt laying in the hallway and his physical body.". At least one of them had talked to police back in 2011, and their story did not add up. The latest events in the case come as Oral "Nick" Hillary, who was found not guilty of the murder, is suing Potsdam and St. Lawrence County police, claiming he was unfairly accused because he is Black. Garrett and Aaron's school schedules were on the fridge and family portraits were on the wall. His arms were at his side and his legs close together. On May 14, 2014, Nick was arrested and charged with second degree murder. They were very much in his personal space as he was standing there naked with several cops around. 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. "It's very frustrating," he told "20/20." On October 26, two days after the murder, Nick was brought into the station. NY Man Speaks out After Not Guilty Verdict in Murder of Ex's Son: He was accused of strangling to death his e https://t.co/y1qpX8JO62, Around 5pm on the night of Monday, October 24, Sean Hall and his fiance, Marisa Vogel, heard a scream, a bang, and then moans, coming from the neighboring apartment. Photo: David Sommerstein, Oral "Nick" Hillary was found not guilty on Wednesday in the 2011 murder of twelve-year-old Garrett Phillips. Do Not Sell/Share My Personal Information. 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. She was raising two boys, he had three kids from a past relationship. civil actions filed against DA Rain and Jones, circumstantial evidence against him and Hillary. 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. The medical examiner also collected DNA from under Garretts nails. Its so heartbreaking, and I feel bad for his family. In regards to the interesting and sad story about Garrett Phillips the 12- year old CHILD murdered victim. 23, with Part 2 following the next night on Jul. miaomy 3 yr. ago. I mean this is something that like is stated in the documentary, he explained: For 20 years I spent building my entire legacy up until that point and within 20 minutes they destroyed., Hillary added: Up to a point now Im trying to clear the rubble in the process of hoping to rebuild.. But where was the evidence to put before a jury? Hillary got back with Lee after the death of Phillips, the New York Times reported in 2011. Knowing where John Jones is now shows how differently he was treated by police after Phillips' murder. The case does present a thicket of overlapping roles. This video proves nothing. 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. In most cases, there's a hierarchy. There is only one door to the apartment. Nick was interviewed for 9 hours that day. All of other window screens in the home were intact, Murray said. "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.". Tafari, a lawyer who provided legal support to his former Tilden High School friend, doesnt believe this film can change a corrupt system. He spent more than two decades asa homicide detectivein Washington, D.C., where he eventually opened a cold case unit. Photo: Lauren Rosenthal. I think of Michelle McNamara: Did that book [Ill Be Gone in the Dark] solve that case? With the case still very much open and unsolved, justice for Phillips has not been achieved. he was with his dad cutting wood (his dad confirmed this), 2.) After Nick was done smoking, he kept the butts in his pocket and even put one in the drain. Garrett was found unconscious in his home and died that night due to injuries inflicted by a yet unknown perpetrator. Also pictured is his defense team, Norman Siegel, left, Edward Narrow, right center, and Earl Ward, right. 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. Photo: Lauren Rosenthal, Over 50 people gathered to release balloons in memory of Garrett Phillips in 2016. In 2015, Hillary had also alleged that he'd been harassed by Jones in 2010, which was reported by NNY 360. (Courtesy of HBO ). Brian Phillips helped produce hundreds of yard signs that read "Justice for Garrett," with a picture of the boy, smiling. Again, I saw an abrasion, but it ankle didnt look swollen to me. For years, no one was named in Phillips' death. Prosecutors also referenced two interviews Shanna-Kay gave in 2014 and 2015 in both interviews, she said she ate dinner at 6pm. 2023 BDG Media, Inc. All rights reserved. When the police arrived on the scene, Phillips was still breathing. Would love your thoughts, please comment. From the polices point of view, they thought they had the best suspect the most they could put together on someone, says Garbus. But his involvement with Hillary's case isn't over, even though Hillary was acquitted in 2016, according to The New York Times. 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. Nick is innocent, and cannot be retried. On the morning of October 26, 2011, Hillary, then a soccer coach in Potsdam, was summoned to the Potsdam police station. 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. Garrett was described as always being a happy kid, who always had a smile on his face. with hopes to shed more light on the devastating case. Years ago, Nick patronized a bar on Potsdam's main drag where the bartender was a single mother. His mothers ex-boyfriend, Nick Hillary, was found not guilty of the murder just over two years ago in a trial that captivated the region. "Theyre able to benefit from the mistakes that they learned. The cops checked out the alibis of the significant men in Tandy's life, including a sheriff's deputy, but they seemed to always have their sights on Hillary. Nick Hillary's defense had elected to waive a jury trial and argue directly to the judge. The police photographed the window, took fingerprints and took the blinds as evidence. ), Police canvassed the neighborhood, but no one had witnessed anything, Murray said. When a new prosecutor took office, St. Lawrence County district attorney Gary Pasqua, he said the case remains open because no one was convicted. Garretts mother, Tandy Cyrus, has said that her son was a gregarious boy who had absolutely no fear. New pieces complicate Garrett Phillips murder storyPeople in St. Lawrence County know his face: the smiling, golden-haired 12-year-old boy, Garrett Phillips. About his hitch in the U.S. Army. On the last day of his life, he went home after school and was home alone where he should have been safe, but apparently wasnt. Phillips died soon after at a hospital. The altercation made him fearful for himself and his family, NNY 360 reported. In April 2012, Nick filed a suit against the police department for how he was treated. (Courtesy of HBO ), There was systemic racism and police tunnel vision but when both are linked it becomes really problematic, Garbus explained. After medics rushed the boy to the hospital two blocks away, Wentworth noticed that one of the window blinds in another bedroom had been damaged. #AD - Use this link for a 7-day free trial - http://bit.ly/23sh00652In today's video I discuss the case of Garrett Phillips as well as the documentary 'Who k. New York, 2011: Garrett Phillips, 12, is found strangled. Tips come in. Shanna-Kay, who is now 19-years-old, has testified that on the day of the murder, she was at Potsdam High School. (Hillary has denied visiting the apartment without Cyrus' permission. IE 11 is not supported. It was a dramatic tableau in an ornate courtroom. On September 21, Hillarys daughter, Shanna-Kay, took the stand to defend her father. But Hillary was black and Jones was white, and Hillary was focused on as a suspect with much more intensity. And they havent been in touch with Garrett Phillips family. For an optimal experience visit our site on another browser. The window is approximately 20 feet above the ground, Murray said. As Tandy would tell us, Nick was rigid -- a man with a plan for every day. Related stories:Nick Hillary's civil rights case, and how it links to a broader moment of reckoningJoining It Could Happen To You, the wrongful convictions groups, were local Black Lives Matter activists. The judge took it all in and after about a week of both sides summing up their arguments, he came back with a verdict. premieres on HBO on Tuesday, July 23 at 8/7c. But going forward, it looks like industry-shifting life sciences Following this, Hillary was then indicted for murder in the second degree, spending 70 days in prison before he was released on bail. He was 12. The car is seen driving to the back of the lot into a parking space. Then, ABC News 20/20 will interview the accused ex-boyfriend of Phillips mother, Oral Nick Hillary, for the first time since he was acquitted two days ago. She ignored Hillary's phone calls. It doesnt say what his relationship was like. A 'Justice for Garrett' sign is pictured in an undated photo. Police said they tested every person with access to the apartment, including residents and maintenance staff. Advocates for the wrongfully accused are trying to draw new attention to the murder of Garrett Phillips in Potsdam nine years ago. This button displays the currently selected search type. Yet, the suspect was indicted for a second time before he was found innocent by Judge Felix Catena, in 2016. The police wanted to locate Garretts family and tell them what had happened. ABCwrites, Almost immediately, police focused on her ex-boyfriend Hillary as the prime suspect, but it would take them several years before they arrested him for the murder., Cyrus and Hillary broke up a few monthsbefore Garrett was killed, and Cyrus believes that Hillary blamed Garrett for the breakup. ABC News writes, While Cyrus said she never saw Hillary hit a child, lose his temper with a child or threaten a child during their nearly one year together, she told 20/20 that she has no doubt that Hillary killed her son., Nick Hillary's Daughter: Race 'Definitely' a Factor in Murder Case https://t.co/mu2gutc1Qo pic.twitter.com/GcybAmJpxJ, Marko Zelic (@SnoperMZ) September 30, 2016. Oral "Nick" Hillary and Tandy Cyrus are pictured in an undated photo. Interim Police Chief in Potsdam, New York, Mark Murray, stands in the house where Phillips' body was found on Sept. 27, 2016. 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?". Original Language: English. It's going on four years since . Garretts family, especially his mom and uncle, Brian Phillips, believe Nick 100% killed Garrett. Since moving to New York, I've associated Kips Bay with decent curry and a cheap pint. Related: Nick Hillary Found Not Guilty in Murder of 12-Year-Old Garrett Phillips. First, why the actual eff was he allowed to be in the interrogation room with Tandy? Formal complaints were filed against him for violence and abuse. Hillary is now a free man, and he cannot be retried. Potsdam's chief of police is now Mark Murray, who was lead detective on the Garrett Phillips investigation. Department for how he was know to be in the interrogation room with Tandy part 2 following next..., Oral `` Nick '' Hillary was found innocent by judge Felix Catena, in part because hes Black from... 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