NY - Garrett Phillips, 12, murdered in his Potsdam home, 24 Oct 2011

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He lied about many things and then conveniently 'forgot' when it was time to answer in his own civil suit.

Those with nothing to hide, hide nothing.

Hillary got away with murder (IMO) because there wasn't enough evidence to go past reasonable doubt. The judge may also believe this guy killed the 12 yr old, but he could only rule based on whether the state met its burden.

Did you realize that when the neighbor knocked on the door, she heard the killer engage the lock-while she was standing there. That was at about 5:07. Then the first responding officer reported 3 separate instances of hearing soft footsteps inside the apartment while he was waiting for the landlord to arrive with a key. Those times were at 5:16, 5:24 and about 5:35. Obviously the killer was in the apartment prior to 5:07 and escaped right before the police and landlord entered at 5:37.
Hillary and his daughter claim he was home during the first two reports of sounds at 5:07 and 5:16. But, it's not far-fetched to think a child would lie to protect their father. However, his second alibi witness, assistant coach Ian F, places Hillary at his house on Garden street at 5:21...then later meets up with him at Clarkson just prior to 5:30, where they remained for several hours, until after practice. Does it make any sense at all that his assistant coach would lie about this? He had zero motive to protect a child murderer, friend or not. During his first round of questioning, Ian had no knowledge of what specific evidence or surveillance the police might have of Nick. Why would he risk being charged with perjury, or obstruction of justice so his boss and friend could successfully get away with murder? He would have to a horrible human being, willing to go to jail, to protect the worst kind of criminal. It's not logical. Furthermore, Clarkson security cameras probably caught Nick arriving at 5:30. If footage showed him arriving any later, the prosecution would have brought it up at trial. They never questioned this. The final footsteps were at 5:35 when he was already across town.
 
Of course I know about the lock being turned heard by the neighbor.

The evidence doesn't exclude Hillary from being a suspect. The timeline is tight, but not impossible. The assistant coach was to the 'left' out of the high school parking lot, same left that one would take to go to the Morris' apartment, meaning that it would not have taken Hillary long to get in his car and arrive at the Assistant Coach's place for his 'alibi.' And Hillary did have a fresh cut on his ankle and that ankle was swollen, according to a medical professional who testified.

One can say they don't believe Hillary did the murder, but he could not be excluded.
 
Of course I know about the lock being turned heard by the neighbor.

The evidence doesn't exclude Hillary from being a suspect. The timeline is tight, but not impossible. The assistant coach was to the 'left' out of the high school parking lot, same left that one would take to go to the Morris' apartment, meaning that it would not have taken Hillary long to get in his car and arrive at the Assistant Coach's place for his 'alibi.' And Hillary did have a fresh cut on his ankle and that ankle was swollen, according to a medical professional who testified.

One can say they don't believe Hillary did the murder, but he could not be excluded.

Hillary turned left out of the the school parking lot at 4:52. Ian F was not at home until after 5pm. Are you saying he parked his car there, went and committed the murder and then showed back up on his doorstep at 5:21? (Ian was very clear about the time because he was on the phone with gaming manufacturer when Nick knocked on his door.) Officer Wentworth was very clear about the times he heard the soft footsteps. He relayed them to dispatch each time he heard them: 5:07, 5:16 and about 5:35. Even checking under the door that last time, because he also heard something fall-like an object off a table. How could Hillary be tip-toeing around over 15 minutes, until 5:35, if he was also at Ian's at 5:21? And then at Clarkson University just before 5:30?

There are only two ways this scenario could incriminate Hillary:

OPTION 1: His daughter lied (that's possible), Ian F lied (highly unlikely IMO), cameras and witnesses from Clarkson University lied or were not accurate (not probable).

OPTION 2: Daughter lies, but he really did show up at Ian's at 5:21 and Clarkson at 5:30...because the noises Wentworth heard were either (A)a neighbor walking around (hard to believe he made that mistake three distinct times, especially since every time he knocked, the movement stopped for a few minutes) or (B) the footsteps were actually Garret walking around after briefly gaining consciousness, but losing it just a minute before police finally got in. (If that poor boy did regain consciousness, to the point where he was able to walk around for fifteen minutes, why wouldn't he answer the door when Wentworth knocked and identified himself as police?)

Both options require an ability to commit this act of violence without leaving one piece of evidence, or one eye witness. (not impossible, but extremely unlikely) Both options must also imply that the 140 samples collected were from someone the police did not test. This person was there long enough to leave a great deal of evidence, but no one thought of him when deciding who to have tested.
 
You all have me curious now. I am wondering if my own opinion that it was someone else who was stalking Tandy could be nothing but wishful thinking. The fingerprints on the window were not Nick Hillary's. It doesn't make any sense that Nick would kill a child for any reason. I think he was killed by someone who was discovered in the apartment by Garrett.
 
Pasqua Says He's Taking Another Look At Garrett Phillips' Murder

http://www.wwnytv.com/story/37468913/pasqua-says-hes-taking-another-look-at-garrett-phillips-murder

New St. Lawrence County District Attorney Gary Pasqua wants to put a fresh set of eyes on the Garrett Phillips case: his own.

He says it's his duty to review the investigation into the 12 year old's October 2011 murder.

“Especially in a case where you have the tragedy of a young boy who was murdered and no one has been held accountable for that," he said. "So, I don't think I'd be doing my job if I didn't review that file.”
 
I think this is one of the rare cases where neither suspects (and the circumstantial evidence does point towards it being one of them) are innocent. DNA and fingerprints don’t lie. They are evidence of innocence, not just guilt. The fact the DNA under Garrett fingernails don’t match either of the main suspects to me proves their innocence. DNA found under fingernails has been successfully used to rule out suspects in numerous other cases, yet not this one.... why? I hope it has been entered into CODIS.
 
Two part documentary on this case on HBO,7/23 & 7/24. Looks like old Nick found a way to make money from this case, after all.
 
Just watched the documentary as well. Interesting case. I'd be curious to see the timeline as well. And the hospital security camera (one article stated that Garrett and JJ had an interaction on that tape and I have been curious whether you see NH's car pass by on that tape). Also, any video from the college that shows NH arriving at 5:30pm (when the police officer was still hearing footsteps within GP's apartment).
 
I watched the documentary and it is ridiculous that the police and DA wasted all these years trying to fraudulently make a case against Hillary with no evidence. They jumped off the track from the start by focusing exclusively on him.
When something happens to a latchkey kid at home after school, I think the odds heavily favor that student peers were involved in bullying or dangerous play. They never investigated that angle because they wanted it to be Hillary.
 
I wondered that too since there was some initial chatter about kids being rough with each other. I find it odd that the murderer didn’t leave immediately after the fatal injury. Were they trying to help Garrett? Were they thinking of calling 911? Cleaning up the crime scene? Waiting for an opening to go out the front door unnoticed? I wondered what would have happened if the neighbors opened the door instead of knocking (since it was bolted after she knocked). Would the murderer have harmed her? Told her about the accident and asked her to call 911?
 
This has to be the worst case against a defendant that's ever been presented in a documentary. Terrible case, terrible defense team.

Also when Mary Rain stated that "she knew one of the jurors" and felt like they would present a fair defense...isn't that somehow a conflict of interests or at the very least reason to be removed from the jury? Yes...I know it was a bench trial, but just the fact that prior to that happening the defense attorney was a good acquaintance of a juror seems odd. But I'm no legal expert.
 
I find it more ironic that her previous boyfriend JJ confronted NH about their relationship and then after the murder he managed to insert himself in everything. If NH pulling out of the parking lot is that big of a deal then so is JJ pulling Into his driveway the same time Garrett rode by. Gives both guys the same time frame and out of all of the interviews I’ve seen JJ looks a lot more shady then NH
 
This has to be the worst case against a defendant that's ever been presented in a documentary. Terrible case, terrible defense team.

Also when Mary Rain stated that "she knew one of the jurors" and felt like they would present a fair defense...isn't that somehow a conflict of interests or at the very least reason to be removed from the jury? Yes...I know it was a bench trial, but just the fact that prior to that happening the defense attorney was a good acquaintance of a juror seems odd. But I'm no legal expert.

Correction....terrible PROSECUTING team...and...PROSECUTING attorney. Apologies
 

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