CANTON -- District Attorney Mary Rain says despite the previous indictment against accused murderer Oral “Nick” Hillary being dismissed, she used the same evidence this time around, confident that they would return an indictment.

“The previous ruling by the court stated the evidence was sufficient. With that in mind, the same evidence was presented,” Rain said in a prepared statement released Wednesday afternoon. “I was therefore confident the grand jury would return an indictment. I am anxious, as well as Garrett’s family, to move the case forward.”

Hillary is facing a second-degree murder charge in the Oct. 24, 2011 strangulation death of 12-year-old Garrett Phillips. He allegedly killed the youth at the Market Street apartment Phillips shared with his mother.

This is the second grand jury that has heard the case. In October, St. Lawrence County Court Judge Jerome Richards dismissed the previous indictment on grounds of prejudicial questioning of witnesses that might have unduly influenced the grand jurors.

Hillary was initially indicted in May, two and a half years after the strangulation death of 12-year-old Phillips.

No suspects were ever specifically named by police, but Hillary was named by Potsdam police as a person of interest, the only person so identified.

Hillary is alleged to have had a relationship with Phillips’ mother.

The investigation appeared stalled until an indictment last May by St. Lawrence County District Attorney Mary Rain, who had been elected the previous November.

Hillary was released on bail after several months of wrangling over the value of property he wanted to put up as collateral.