The attorney representing accused child killer Oral "Nick" Hillary says if the governor decides to investigate St. Lawrence County District Attorney Mary Rain for possible removal from office, it could end up have some bearing on Hillary's September 6 trial...
"I don't know what it would mean at this point but, again, I think it's worth monitoring and it's worth watching and I think at some point we'll have a better idea depending on what the governor does," said Ward...
A hearing is expected to be held in the coming weeks to determine whether low level DNA evidence taken from underneath Garrett Phillips' fingernails meets the legal standard for scientific evidence and will be able to be used by prosecutors against Hillary at trial.
http://www.mpcourier.com/dco/st-lawrence-administrator-accuses-da-rain-of-abusing-power-20160615
DA Rain is in the news literally every time I look up Potsdam news. Although this one does not mention the case, it is increasingly easier to believe she just might be the type to frame an innocent man. St. Hilaire's letter is linked in the article. If it's all true, this trade has been going on for years.
She sounds absolutely dreadful and like a very toxic person to be around. I wonder how in the world she was elected DA?
After reading what is present just in this article I would like to know HOW IS THIS GOING TO TRIAL?
There needs to be some outside intervention here. How is ANY jury going to sit and not have a reasonable doubt?
There is something really, really wrong with what is going on here.
http://www.northcountrypublicradio....s-justice-for-garrett-phillips-so-complicated
She was reaping havoc way before she stepped foot in St. Lawrence County. I firmly believe that the only reason she won was because she promised to bring charges against Nick Hillary. Despite any real evidence. She used the murder of an innocent child to gain votes. Truly sickening...
Concerns about racist remarks and the use of cutting-edge DNA kicked off the long-awaited North Country trial of a former college soccer coach in the strangulation of a 12-year-old Potsdam boy.
The judge estimated the trial will take five to six weeks, including jury selection, opening statements, three weeks of prosecution case, three days of defense case, closing arguments and deliberations.
St. Lawrence County called in 300 potential jurors today to begin the intensive screening process that will lead to 12 trial jurors and four alternates. That's about twice the number of people typically called for jury duty, and more could be called before the court can seat a jury panel.
This morning, the court didn't even get to jury selection. Instead, the judge entertained last-minute concerns from both sides and figured out media arrangements during trial.
Dozens of media are expected to attend, including ESPN, Dateline NBC, ABC's 20/20, the Associated Press, National Public Radio and other local TV and print media. There are so many expected to cover the case that a media parking lot has been designated about a block from the courthouse.
In court, two major developments came to light:
Prosecution not giving up on tossed DNA: Catena, the judge, has tossed cutting-edge DNA evidence that Fitzpatrick and Rain argued tied Hillary to the murder. The small sample came from underneath the murdered boy's fingernails.
The judge had ruled the new method was reliable, but could not be used because the state laboratory that collected the DNA samples was not approved as reliable in collecting samples for the new analysis.
The prosecution has asked the judge to reconsider. Meanwhile, Fitzpatrick tried another approach: He submitted more DNA evidence that he says rules out another prime suspect in the case, a local sheriff's deputy John Jones.
Racially-charged petition: Defense lawyers for Hillary argued that they were entitled to a list of nearly 2,000 people who signed a petition saying Hillary should be sent to jail with no bail. Those people were clearly biased and should not be jurors, they argued.
Some of the comments on the petition included racial remarks: Hillary, the accused, is black and Garrett, the victim, is white. St. Lawrence County is 95 percent white.
Fitzpatrick did not argue that the list should be turned over. But he said that state troopers ran into a problem tracking down the list: the woman who spearheaded the petition was charged with another crime and has been on the lam.
Jury selection seemed to be going more smoothly than expected this week in the murder trial of an ex-Clarkson University soccer coach in the 2011 strangulation of a 12-year-old boy.
But in a surprise move, former coach Oral "Nick" Hillary decided this morning he'd rather forgo a jury and have the judge hear the case.
His decision comes as his lawyers expressed concern about racist remarks in a petition circulated against Hillary, who was born in Jamaica. The five-year-old murder has polarized the small North Country community of Potsdam. But the lawyers had also expressed confidence that a local jury could decide the case impartially.
Opening statements are scheduled to begin Monday morning.