By ANDY GARDNER

CANTON - Oral “Nick” Hillary is, according to the prosecution, guilty to a “matter of mathematical certainty.”

But in opening arguments by both sides this morning, the defense says the case comes down to Hillary not being able to be in two places at the same time.

Hillary is facing a charge of second-degree murder, accused of strangling to death 12-year-old Garrett Phillips in Potsdam on Oct. 24, 2011.

The prosecution’s case hinges mainly on a timeline of the half-hour between 4:53 p.m. and 5:23 p.m. Oct. 24, Onondaga County District Attorney William Fitzpatrick told the judge.

He said they will introduce Hillary’s deposition from a civil suit against the Potsdam Police Department, which Fitzpatrick said is “the gift that keeps on giving.”

Fitzpatrick said it includes testimony from the defendant that contradicts security camera recordings of his whereabouts around the time Phillips died. The prosecutor also says Hillary lies in the deposition about how well he got along with Phillips.

Fitzpatrick said Hillary killed Phillips as revenge for causing Phillips’ mother, Tandy Cyrus Collins, to break up with him weeks before his death.

“The deposition proves his guilt, and the camera proves his guilt,” Fitzpatrick said. “Every single fact in this case points to him … coincidences stop being coincidences and they start being proof of guilt.”

Fitzpatrick acknowledged that there is no direct evidence linking Hillary to the scene, such as DNA or fingerprints.

He said the Potsdam Police Department mishandled the investigation in the early stages.

“Despite obvious indications this is a homicide, police don’t treat it as such,” Fitzpatrick said, pointing the signs including marks on Phillips’ body and face, rug burn on his knees and the condition of the apartment. “Critical moments are wasted and scene work is not done.”

Fitzpatrick said a camera sitting on top of Potsdam Central School is “the people’s most important witness.”

He said Hillary on the videotape is seen in the parking lot, and Hillary in his deposition said he was scouting a varsity soccer game. However, prosecutors say Hillary was in a position where his view of the game was blocked.

“He obviously has x-ray vision to see through this school bus and that concession stand,” Fitzpatrick said. “There isn’t a worse spot in this parking lot to scout that game. He didn’t know in his deposition that he was being filmed.”

Norman Siegel, part of Hillary’s four-person defense team, gave their side’s opening statement, saying their case rests largely upon witnesses who put Hillary at his home when Phillips died.

“You will not see any credible evidence of Nick or Nick’s car at or near 100 Market St. … because he wasn’t there,” Siegel said.

He says Hillary’s daughter was home and recalls him arriving around 5 p.m. the day Phillips died.

Siegel said Potsdam Police Officer Mark Wentworth responded to a call of a disturbance at Phillips’ 100 Market St. apartment the day he died and heard movement inside at the time Hillary’s daughter will testify he was home.

“He said he heard footsteps shortly after he arrived around 5:15. Remember also Nick Hillary was at home from 5 p.m. until about 5:15. Remember Officer Wentworth said he heard movement around 5:15 and 5:23 pm. Remember Nick Hillary was at Ian Fairlie’s home around 5:21 p.m.,” Siegel said.

Fairlie was Hillary’s assistant coach on the Clarkson University soccer team at the time.

Following opening statements, the judge called recess prior to calling the first witness for the prosecution.

The trial began today after Judge Felix Catena Thursday ruled in favor of a defense motion to have the trial decided by the judge and not a jury.

Catena set today as the beginning of opening statements and testimony from witnesses.

NorthCountryThis Week will have continuing updates from the St. Lawrence County Courthouse and throughout the trial.