By ANDY GARDNER

CANTON -- A judge has granted permission to the attorney representing an acquitted murder suspect in a malicious prosecution lawsuit to file late notices of claim against more than 40 defendants.

Oral “Nick” Hillary, formerly of Potsdam and now of Brooklyn, filed the notice in January with St. Lawrence County and the Village of Potsdam alleging “false arrest, investigation, malicious prosecution, fabrication of evidence, falsification of evidence, concealment of exculpatory evidence,” the document says.

Due to insufficient postage, the documents did not reach the potential defendants within the required 90 days following his acquittal for second-degree murder on Sept. 28.

Judge Mary Farley ruled that the documents being served seven days after the deadline did not cause "substantial prejudice" to those being served.

Hillary names as potential defendants St. Lawrence County District Attorney Mary Rain, St. Lawrence County Sheriff Kevin Wells, St. Lawrence County Sheriff Deputy John Jones, former Potsdam Police Chief Edward Tischler, former Potsdam Police Chief Kevin Bates, Acting Potsdam Police Chief Mark Murray, New York State Police investigators Gary Snell, Theodore Levison and Timothy Peets, former state police Crime Lab Assistant Director Julie Pizzaketti, Onondaga County District Attorney William Fitzpatrick, 10 unidentified St. Lawrence County employees, 10 unidentified St. Lawrence County District Attorney’s Office employees and 10 unidentified St. Lawrence County Sheriff’s Department employees.

Farley noted in her decision that it does not pertain to Fitzpatrick or Onondaga County. They are being handled in a separate matter in Onondaga County Court.

Hillary, a former Clarkson University soccer coach, was tried last year for second-degree murder, accused of strangling to death 12-year-old Garrett Phillips of Potsdam on Oct. 24, 2011. He was acquitted on Sept. 28 after a high-profile bench trial that lasted about three weeks and drew national media attention.

Hillary also has a pending lawsuit from before the trial. He is suing the Village of Potsdam, New York State Police and Potsdam Police Department for violating his constitutional rights during the murder investigation. He alleges he was unfairly singled out as a suspect and denied basic rights of the accused during questioning. That is scheduled for trial in July.