By ANDY GARDNER

CANTON -- Lawyers for Oral “Nick” Hillary say they advised him to waive his right to a jury trial because they felt it was in his best interest, but are saying little more.

Opening arguments are scheduled to begin Monday morning in St. Lawrence County Court.

Hillary is facing a charge of second-degree murder, accused of strangling to death 12-year-old Garrett Phillips in Potsdam in 2011.

On Thursday, jury selection for Hillary’s trial was interrupted when attorney Peter Dumas on his behalf announced in court that his client wanted to opt for a bench trial, where the judge listens to evidence and decides guilt or innocence.

Norman Siegel, another of Hillary’s four-person defense team, said at a press conference late Thursday morning they “make decisions such as the decision made this morning based on the best interest of the client.”

Reporters there asked several other questions in attempt to get him to elaborate, to which he reiterated the defense is acting “in the best interest of the client.”

“I think we picked a fair jury. We have a fair judge and we picked a fair judge,” said Earl Ward, another member of Hillary’s counsel.

When asked by a reporter how he felt about the proceedings thus far, Hillary answered “I am feeling very well, thank you.”

In court earlier in the morning, Catena said the law the law “expresses the belief that a defendant is better served by a trial by 12 citizens than one judge.”

He said although he has been privy to grand jury testimony and DNA testimony that he himself denied to be used as evidence, he would not consider them when arguments begin.

“I can separate those things. I need to make sure you’re aware of it,” Catena said to the defendant.

Also on Thursday, Catena ruled that the prosecution could not enter DNA evidence against Hillary. The judge ruled last month that it would be inadmissible, and the proseuction moved for him to go back on the order.

The defense team said they were pleased with the new ruling.

“We’re pleased with that decision,” Siegel said.

The judge said he denied DNA evidence for two reasons.

The prosecution had claimed they didn’t have a chance to address foundation issues pertaining the to STRmix technology, which was used to analyze DNA samples taken from under Phillips’ fingernails the night he died.

“Initially, this court finds the People’s complaint that they were ‘given no opportunity to present their evidence on the foundation issues’ prior to the issuance of this court’s decision and order unsupported by the record,” Catena wrote in his decision, citing an Aug. 16 telephone conference and Aug. 17 oral arguments.

Secondly, he says the state hasn’t approved using it to obtain evidence.

"After reviewing the prosecution's recent submissions, it remains undisputed that internal validation studies were never performed by the New York State Police crime lab for the use of STRmix on casework samples developed at the lab and that the New York State Commission on Forensic Science never approved STRmix for use by the New York State Police for their forensic casework. Finally, Dr. Buckleton remains confident to his belief that 'RMP overstates the weight of the evidence in this case.' Motion denied," Catena wrote in his ruling.