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

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Murdered boy's mom: I left accused Clarkson coach because my son was unhappy

The mother of a murdered 12-year-old Potsdam boy described today her conflicted relationship with a former Clarkson University soccer coach accused of killing him.

Tandy Collins (also known as Tandy Cyrus) testified that her decision to leave coach Hillary came down to one thing: her sons' happiness.

Months after the breakup, her son Garrett Phillips, 12, was strangled to death in his apartment after he came home from school.

Onondaga County District Attorney William Fitzpatrick argued today during opening statements in Hillary's trial that the boy's rebellion against the coach's strict parenting led to the breakup.

The split sent Hillary into a rage that triggered the coach to murder the young boy, Fitzpatrick argued.

Is the trial live-streaming anywhere?

http://www.northcountrypublicradio.org/ is one of many sites live tweeting from the courtroom.
 
September 12, 2016
11:00 PM ET

Murder Trial in Boy’s Death Stirs Up Controversy in Small NY Town

Five years ago, a 12-year-old boy named Garrett Phillips was found strangled to death in his upstate New York home. The popular, friendly and athletic boy had just begun the sixth grade when his mysterious murder shocked the small village of Potsdam.

From nearly Day 1, the spotlight of suspicion seemed focused on his mother's ex-boyfriend: a well-regarded college soccer coach, Oral "Nick" Hillary, who happened to be one of the small number of black men in the village of 9,400 people.

But years went by without an arrest until a candidate running for district attorney made it her campaign promise to seek justice for the little boy with golden hair. Months later, after her victory, Hillary was charged in the murder.

Potsdam Police Lt. Mark Murray said that the biggest factor in the killing was what he called Hillary’s "disdain" for the boy, and prosecutors say they believe their evidence is compelling.

But Hillary's fingerprints were not found at the scene, and he insists he had nothing to do with the murder and the real killer is still out there. Some of Hillary’s supporters even claim racial bias is to blame for his arrest, and Hillary has sued the local police and the village of Potsdam for allegedly violating his civil rights.

This month, the years of drama surrounding Garrett's tragic death will finally play out in a courtroom, as Hillary stands trial for the young boy's murder.

Do police have the right man? And will this trial bring justice for Garrett?

<SNIP>

Hillary's trial gets underway this week. He waived his right to a jury, and the case is proceeding as a bench trial.

http://abcnews.go.com/US/deepdive/m...-controversy-small-town-41945764?cid=abcn_tco
 
http://mobile.nytimes.com/2016/09/2...ry-potsdam-murder-trial-garrett-phillips.html

Did not take long, as it should not have. Now I expect sanctions against Rain. MOO.

Sent from my SM-G935V using Tapatalk

I'm glad the judge acquitted him. I've always felt the prosecution had no evidence and that Mary Rain basically used this case as a way to further her career. I don't think she cared about justice at all, she just wanted a case to hang her hat on. Hillary and his lawyers were wise to go with a bench trial. I'm not sure he could've gotten a fair jury trial in that county. It would be great to see Rain shown the door now.
 
The trial was scheduled to begin on Jan 27; however, on Jan. 21, Mr. Cyrus pleaded guilty to a reduced count of third-degree attempted criminal possession of a weapon, a class E violent felony, in a plea deal that satisfied the other charges against him. There is no sentencing commitment by County Court Judge Jerome J. Richards and exposes Mr. Cyrus to the possibility of up to four years in prison, one year in St. Lawrence County jail, or six months in county jail and five years of probation. Sentencing is scheduled for April 6.
Mr. Cyrus&#8217;s attorney Edward F. Narrow said the case was an old one, dating to Mr. Cyrus&#8217;s arrest on Aug. 12, 2012.
&#8220;Obviously we are happy to have the case resolved, especially when the defendant has a hand in determining the outcome of the case, other than having a decision forced upon you by a jury over whether you are guilty or innocent,&#8221; Mr. Narrow said. &#8220;There was a request for the conference with the judge and my client had nothing to lose, so we went in and the offer was made to the defendant that hadn&#8217;t previously been made, without explanation. We are not in a position to ask the district attorney&#8217;s office why they do what they do.&#8221;
As a public defender in Little Rock, Ark from 2006 to 2010 Ms. Ryan said she tried several cases before a jury, including a capital murder, aggravated robbery, and rape.
&#8220;It (Mr. Cyrus&#8217;s case) was settled without me and five days later I was fired,&#8221; Ms. Ryan said. &#8220;I felt confident that I could have secured convictions on all 38 felonies.&#8221;


http://www.watertowndailytimes.com/article/20150128/NEWS05/150128486

Coverage of the CP sting:
http://www.wwnytv.com/news/local/5-...ld-*advertiser censored*-Sting-174609251.html

I have to say, it sure strikes me as odd that she'd offer a slap on the wrist to someone who was found with 2 illegal glocks, hollow point bullets, and 128 pieces of child *advertiser censored* in their possession but go after this other accused man so doggedly. The fact that one of the men is white and the other is black certainly isn't a good look here, iykwim


Is the Jeremy Cyrus mentioned in the article above related to Garrett's mother, Tandy Cyrus?
 
Both 20/20 and Dateline devoted their Friday night (9/30) episodes to this case. I just watched 20/20, but have not yet wated Dateline.

I think the DA went forward too quickly and there wasn't enough evidence to get past reasonable doubt.

That said, I think this guy (Nick Hillary) likely committed the murder, but there just wasn't enough evidence to link him.


  • His Honda at the school and then leaving right as Garrett left was compelling, as was him turning left instead of right towards his own home.
  • His lies were compelling evidence.
  • The cut/scrape on his ankle was interesting, but he wasn't limping. I couldn't tell if that area was swollen or not.
  • Lack of fingerprints, fibers, DNA on the windowsill from where the perp escaped
  • No eyewitness saw him enter or leave the residence
  • Yet he was in a year long relationship with the mom and he did not want to break up and it appears Garrett was blamed for "the kids are unhappy." There was another younger son.

I can see how all those things added up to "gee I think he did it, but can't quite say there's no reasonable doubt...."

Sad to say I think he got away with the murder but that's our system. I know in my county the DA would not have taken the case forward without more evidence than what they had. The odds were against the prosecution in this case.
 
@ Madeleine74

For once we completely agree, I watched both Dateline and 20/20. Dateline was 2 hours to one hour for 20/20.

I had not followed this crime previously except that I knew he was found not guilty. I was expecting that I too would find him not guilty but the more I watched, the more I felt him to be guilty.

His not wanting to get out of vehicle was not believable because he may get wet, it did not even appear to be misting. It certainly was not pouring. He did make a beeline immediately following Garret. He was defiant when it came to detective wanting to see his right leg.
His no comment answers, his daughters text message contradicting alibi,

I do think the DNA should have been admissible and when judge ruled it out, it was a nobrainer to have case decided by that judge himself.

I could go on, his answers were all over the place, not logical. How clumsy must he be to get hurt moving furniture!

Yeah he got way with murder and now he will get paid through his civil suit.
 
This is one case that really disturbs me, I just no he is guilty, he killed this child, why did the Judge find him not guilty? Why would you lie about anything if you are not guilty? He will not ever be tried for this case again but he is pure evil and there will be justice one day, I pray he does not hurt or kill anyone else but believe he will.
 
Not knowing this case previously, I watched both Dateline & 20/20 this morning. I then hit Google & found it on WS. Read all comments & my conclusion is that John Jones is the more likely person to have killed Garrett.

This story unfolds as an undesirable relationship whispered about in the small town where everyone knew everyone. Tandy Cyrus Collins, fair & blonde hooking up with a very dark skinned black man, Nick Hillary. It was divulged that Garrett was taunted by children for having a mom dating a black man & his moving in with her. Why were children acting in such a manner? Bigotry, in a 94% white community, learned from their parents.

Garrett's therapist noted: The racial issue/not sure of origin. Maybe Garrett's brothers dad, Casey Collins?

Tandy ends relationship with JJ followed by being with NH. I'm sure it infuriated JJ that Tandy preferred a black man over him. The fact that NH made complaints against JJ for threatening him may support his feeling upstaged by a black man.

What better revenge and/or punishment for Tandy having rejected a white man, JJ, over a black man than to kill her child & frame NH for it? And who better than a cop to cover his tracks?

No hairs. No blood. No fiber. No fingerprints. No tissue LINKED HILLARY to the crime scene.

But what did DA Rain withhold from the defense? I can't find anything that reveals what, only that she withheld something. Was there DNA, fibers, hair, tissue or possibly blood NOT LINKED to NH? Evidence was not made public. We know 100% there were 4 fingerprints on the pushed out screen where the person escaped through. Not NH's, so whose? Why no emphasis on those?
 
Just wondering…Did JJ have an alibi for the time of the murder?I haven't watched 20/20 or Dateline yet…They may have covered it.
 
Not knowing this case previously, I watched both Dateline & 20/20 this morning. I then hit Google & found it on WS. Read all comments & my conclusion is that John Jones is the more likely person to have killed Garrett.

This story unfolds as an undesirable relationship whispered about in the small town where everyone knew everyone. Tandy Cyrus Collins, fair & blonde hooking up with a very dark skinned black man, Nick Hillary. It was divulged that Garrett was taunted by children for having a mom dating a black man & his moving in with her. Why were children acting in such a manner? Bigotry, in a 94% white community, learned from their parents.

Garrett's therapist noted: The racial issue/not sure of origin. Maybe Garrett's brothers dad, Casey Collins?

Tandy ends relationship with JJ followed by being with NH. I'm sure it infuriated JJ that Tandy preferred a black man over him. The fact that NH made complaints against JJ for threatening him may support his feeling upstaged by a black man.

What better revenge and/or punishment for Tandy having rejected a white man, JJ, over a black man than to kill her child & frame NH for it? And who better than a cop to cover his tracks?

No hairs. No blood. No fiber. No fingerprints. No tissue LINKED HILLARY to the crime scene.

But what did DA Rain withhold from the defense? I can't find anything that reveals what, only that she withheld something. Was there DNA, fibers, hair, tissue or possibly blood NOT LINKED to NH? Evidence was not made public. We know 100% there were 4 fingerprints on the pushed out screen where the person escaped through. Not NH's, so whose? Why no emphasis on those?

I understand where you are coming from. But the things that point to NH being Guilty, are not things that JJ could have set up. JJ cold not have injured NH's ankle, nor made him lie to LE about it. JJ could not have set up that video in the parking lot, showing NH's car following Garrett, and then turning the wrong way and lying about it. He could not have made NH's daughter send those texts, messing up his dinner alibi.

No hairs is not a surprise because NH is pretty much bald, has a shaved head. If he wore gloves on a cold rainy day, no one would notice it as odd--so no fingerprints. Anyone could have left prints on that window. And what would there be tissue or blood if the boy was quickly strangled?

The ankle is a big thing for me though. Pretty big coinky-dink that his was swollen and injured that same day. And I don't know one soccer coach that would worry about a little bit of light rain. And would park in a lot to watch a game and not park where he could see the game. He spent only 6 minutes there? How is that scouting a game?

And he said the rain did not let up---but in the video we see Garrett scoot by and it is barely raining, if at all.

The final thing that bothers me, is the quickness of his lawsuit over 'emotional distress' and wrongful arrest. FGS, his young 'stepson' had just been brutally murdered. And he makes it all about himself by whining and brooding over being strip searched and interrogated. EVERY EX Boyfriend is going to be searched and stripped and looked at and questioned harshly. But he made it a civil rights issue immediately. And I don't think that is what it really was. I think they thought he was the most likely suspect. Maybe they were wrong, but they had good reasons to believe so, given his car being right there minutes before the murder.
 
I watched the 2-hr Dateline show earlier, which provided additional information but also didn't provide some information that 20/20 did.

My opinion: Hillary killed that 12 yr old boy.

However, I could see where a decision could have gone either way due to the lack of any forensic evidence, the lack of any witnesses, and very little connecting Hillary aside from the video and his sudden amnesia about anything relating to the breakup with the mom. The video at the school was very compelling (putting victim and suspect in the same place at the same time) and the reason for Hillary being at the school that very day, and then not parking to see the soccer game he said he was there to watch... also compelling circumstantial evidence.

But the judge decided there wasn't enough to get past reasonable doubt and I had the feeling that would be the outcome.

There were no witnesses to show Hillary hated the 12 yr old, there was no evidence to show Hillary had a vendetta, and Hillary produced 2 "eyewitnesses" for an alibi and neither was impeached. On the other side the circumstances of their breakup and then the murder occurring 1 month later is, of course, hinky.

BTW, an acquittal doesn't mean Hillary is factually innocent, although yes he is considered innocent under the law and cannot ever be retried for this crime. And while that sucks for the family, the burden always rests 100% on the state to prove the charges and they didn't.
 
I'm still surprised nobody saw anybody go in or out of the apartment building that afternoon. A large black man in a white city would surely stand out. Then one jumping out of a second floor window would call for a second glance.

I noticed the screen was just half bent out. Making me believe it was a smaller individual than the large muscular Hillary.

Could the killer have been waiting in the apartment instead of following Garrett home?

I watched Dateline but not 20/20. I will watch that one this evening.

For some reason I am reminded of this case.

http://wric.com/2015/10/02/sentenci...uld-result-in-life-term-for-jesse-matthew-jr/

Jesse Matthew Jr. He called Matthew a “modern day Jekyll and Hyde” who projected an image as a gentle giant to friends and family while hiding his life as a violent sexual predator.

The gentle giant ; attemped rape on one woman, murdered two young women. Hannah Graham and Morgan Harrington.

He snapped!
 
Just wondering&#8230;Did JJ have an alibi for the time of the murder?I haven't watched 20/20 or Dateline yet&#8230;They may have covered it.



http://www.nytimes.com/2016/03/06/n...edCoverage&region=EndOfArticle&pgtype=article

The indictment against Nick Hillary puts the time of the attack between 4:56 p.m. and 5:30 p.m. According to police records, the first sign that something was wrong came around 5:07 p.m., when a neighbor, Marissa Vogel, called 911 to report that she thought she &#8220;heard some screaming, like &#8216;No!&#8217; and &#8216;Help!&#8217;&#8221; coming from Apartment 4.

*

5:12:33: The hospital camera shows Deputy Jones walking a dog.
 
I'm still surprised nobody saw anybody go in or out of the apartment building that afternoon. A large black man in a white city would surely stand out. Then one jumping out of a second floor window would call for a second glance.

I noticed the screen was just half bent out. Making me believe it was a smaller individual than the large muscular Hillary.

Could the killer have been waiting in the apartment instead of following Garrett home?

I watched Dateline but not 20/20. I will watch that one this evening.

For some reason I am reminded of this case.

http://wric.com/2015/10/02/sentenci...uld-result-in-life-term-for-jesse-matthew-jr/

Jesse Matthew Jr. He called Matthew a &#8220;modern day Jekyll and Hyde&#8221; who projected an image as a gentle giant to friends and family while hiding his life as a violent sexual predator.

The gentle giant ; attemped rape on one woman, murdered two young women. Hannah Graham and Morgan Harrington.

He snapped!

But the weirdest thing about no one seeing a black man jumping out of the window is that no one saw ANYONE jump out that window. And no one apparently saw anyone go in the front door either.

[And if someone was in there all day waiting for him, wouldn't there be more chances there would have been DNA/prints/hair etc left behind? ]

So it does not clear the coach, in my opinion.

I do agree though that there could be a crazed sexual predator that is responsible for this. However, I don't think there was a sexual assault. So no robbery, no sexual assault, ---what else is there other than a revenge type of slaying?
 
But the weirdest thing about no one seeing a black man jumping out of the window is that no one saw ANYONE jump out that window. And no one apparently saw anyone go in the front door either.

[And if someone was in there all day waiting for him, wouldn't there be more chances there would have been DNA/prints/hair etc left behind? ]

So it does not clear the coach, in my opinion.

I do agree though that there could be a crazed sexual predator that is responsible for this. However, I don't think there was a sexual assault. So no robbery, no sexual assault, ---what else is there other than a revenge type of slaying?

I have mentioned this before, I do not believe it was Nick, or anyone else, seeking revenge. I think Garrett encountered someone snooping in his mother's bedroom or around the apartment. She is very attractive and by all accounts had numerous admirers. Either the door was left unlocked, the killer had a key, or the killer arrived after Garrett got there. Whomever it was, they were not expected or supposed to be there. Garrett cries out, and a struggle ensues to stifle the boy. This is a phenomenon called restraint asphyxia. A physical struggle, while covering the victim's mouth, causes panic where bio chemical reactions with limited oxygen can result in death. Normally, in a calm state, a person can easily hold their breath for a minute or more. However during these kinds of attacks, they cannot last that long.
Since Jones had a documented history of jealousy, and had a key made just weeks before the crime, he is an obvious suspect IMO. Although, it could have been someone else entirely.
Yes, the police timeline claims he was captured on camera walking his dog at 5:12. This would automatically clear him of any involvement. However, the handwritten notes by Det. Rice, from his viewing of the footage, clearly state that Jones returned from his walk at 5:03. The time he left was not noted because, as explained by Jones himself, in court, the scope of the camera does not include the doors to his house. It did not even capture him exiting his truck...just the back end of the truck. My point is, if he truly returned at 5:03, he could have dropped off his dog and umbrella, and left again to go to the apartment. But, like I stated, it could have been someone else. Someone not anyone's radar because there was not a thorough investigation.
 
Response to katydid123:

JJ cold not have injured NH's ankle, nor made him lie to LE about it.
*NH has always attributed the scrape to moving furniture, although his times varied. An abrasion would leave tissue and blood evidence at the scene. Of course it's possible it was never found. The injury is not consistent with simply jumping to the ground; more likely to have occurred inside. It was never contested that he was in fact moving furniture into his new apartment.

JJ could not have set up that video in the parking lot, showing NH's car following Garrett...
*GP was supposed to be home right after school. Before 3:00, I believe. How could NH have known? Do you think he went to the apartment first, saw he wasn't there, and then went to the school parking lot? Without anyone witnessing this. If he was in the school lot around dismissal time, surely the cameras would have captured him, but there is no evidence of that. Also, I find it very hard to believe a premeditative-killer would not realize there are security cameras at the school. An educated man, who was skilled at strategic and defensive thinking as a coach, would park there, and then pullout immediately after his target rolls by? And then where did he park? Not in the apartment lot. The next street over, or nearby? And yet again, not one person sees his vehicle parked or him sneaking through back yards? Potsdam is extremely tiny. Aside from the interim college students, everyone knows everyone. All of the key locations are within a few small blocks. Someone would have seen NH at one of the busiest times of day.

...then turning the wrong way and lying about it.
*Yes, initially he claimed to haven taken a right, and went straight home. He later claimed he was going to his office, but changed his mind and went home instead. Still going directly home and not stopping anywhere else. If you believe his daughter, this is corroborated by her testimony. He was questioned again for his civil suit, knowing that the police had footage. Either he genuinely did not recall the left turn, since he knew he did go right home...OR he lied to police hoping to disprove the video later? Why not say he went left and make up a reason? It's a strange lie, because no matter what, left or right, the police could still say he went to park and then go kill. The apartment is across the way the way from the school. Going left is not any closer than turning right.


He could not have made NH's daughter send those texts, messing up his dinner alibi.
* His daughter recounted having dinner at 6:00, but was found to have texted her father at 6:24 asking what's for dinner. The murder was between 4:54 and 5:25ish. This discrepancy doesn't help her father in any way. It's meaningless to the alibi.

No hairs is not a surprise because NH is pretty much bald, has a shaved head. If he wore gloves on a cold rainy day, no one would notice it as odd--so no fingerprints.
* Thicker gloves would eliminate the possibility of leaving fingerprints. Although they can leave behind their own unique 'glove prints'. Remember, there were abrasions/scratches on the child's face and neck. It was discussed at trial that those markings were not consistent with being caused by someone wearing gloves. Possibly latex/medical gloves but those kind allow your fingerprints to still pass through.

Anyone could have left prints on that window.
* Garrett and his family had only lived there for about a month. They checked 40 possible sources with no luck. Anyone that visited or had access. Even if the landlord did not clean the windows after the previous tenants moved out, any latent prints left that long ago would have been long gone. It's logical to conclude the killer left them behind.

And what would there be tissue or blood if the boy was quickly strangled?
* On the contrary it would be very difficult to pull this off without leaving a shred of forensic evidence. The notorious fingernail scrapings, with the inconclusive results, were a main focus for the prosecution. The judge did not allow this testimony in court, in fact he did not allow any DNA testimony. The fact is there were over 140 forensic samples taken from the scene and victim. None of them matched NH. They are still unidentified.

And would park in a lot to watch a game and not park where he could see the game. He spent only 6 minutes there? How is that scouting a game?
* He addressed this in the 20/20 interview. He was waiting to see if it was half-time, and hoping the rain would let up...he decided to leave instead of continue to wait.

And he said the rain did not let up---but in the video we see Garrett scoot by and it is barely raining, if at all.
* It was dreary and rainy all evening. Maybe not clear from the video, but all accounts state it was rainy, sometimes heavier than others.

The final thing that bothers me, is the quickness of his lawsuit over 'emotional distress' and wrongful arrest. FGS, his young 'stepson' had just been brutally murdered. And he makes it all about himself by whining and brooding over being strip searched and interrogated. EVERY EX Boyfriend is going to be searched and stripped and looked at and questioned harshly. But he made it a civil rights issue immediately. And I don't think that is what it really was. I think they thought he was the most likely suspect. Maybe they were wrong, but they had good reasons to believe so, given his car being right there minutes before the murder.
* Of course ALL ex-boyfriends should have been investigated. No one else was even considered since day one. If you were falsely accused of a crime by the same department that ignored your complaint about one of their members, I'm not sure you would want to be questioned without your lawyer present. He requested an attorney, and was refused. His body, home, cell phone and car were searched without a warrant and he was blocked from exiting the room, AFTER being told he was not under arrest. When he was finally released, he had had to walk home wearing a hazmat suit, with no phone, no car and no keys to his residence. Clearly his rights were violated. Clearly he recognized he was the number one/only suspect.
Filing the civil suit would be the last thing a guilty person would want to do. It demands a deeper and further investigation into the situation.
 
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.
 

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