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Four jurors chosen in Canton so far for Hillary murder trial

Posted 9/7/16

By ANDY GARDNER CANTON -- Four jurors have been seated and sworn in for the Oral “Nick” Hillary murder trial, three women and one man. Hillary is accused of murdering 12-year-old Garrett Phillips …

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Four jurors chosen in Canton so far for Hillary murder trial

Posted

By ANDY GARDNER

CANTON -- Four jurors have been seated and sworn in for the Oral “Nick” Hillary murder trial, three women and one man.

Hillary is accused of murdering 12-year-old Garrett Phillips of Potsdam in 2011.

The defense and prosecution each had a chance to ask questions of the first group of 21 potential jurors reviewed by both sides.

Onondaga County District Attorney William Fitzpatrick, who is assisting St. Lawrence County DA Mary Rain with the case, asked some questions focused on how the potential jurors would weigh circumstantial evidence.

“Circumstantial evidence is things you draw conclusions from, inferences from, that are logical to you,” Fitzpatrick said.

He went over the differences between circumstantial evidence and direct evidence, then asked the pool “If this is a circumstantial case, it must really stink. Anybody have a bias like that?” None answered affirmatively.

Earl Ward, part of Hillary’s four-person defense team, also probed the candidates’ thoughts on circumstantial evidence.

“Circumstantial evidence isn’t always what it’s made out to be. So I need your assurance you will very closely analyze” the evidence at trial, Ward said.

Ward also questioned the potential jurors’ thoughts on alibis.

“Part of this case involves what is described as alibi … some people have a negative view of the term alibi,” Ward said. “You’re going to hear in this case that Nick Hillary has an alibi and I need your assurance you won’t dismiss or discount” that evidence, he said.

Ward also tried to feel out which potential jurors may be affected by gruesome evidence, since the case involves a murdered child.

“You’re going to hear testimony about a death and may see some photos … may hear information about an autopsy,” Ward said. “If you’re not the person that can take that type of thing, now’s the time to say so.”

Twenty-one more potential jurors will be called up to be interviewed. They need 12 jurors and four alternates before arguments and testimony can begin.