The man accused of murdering a 12-year-old Potsdam middle school student in 2011 requested but was denied a modification to orders of protection so he could attend his son’s basketball games. Oral …
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The man accused of murdering a 12-year-old Potsdam middle school student in 2011 requested but was denied a modification to orders of protection so he could attend his son’s basketball games.
Oral Nicholas Hillary, who has been accused of strangling Kingston Middle School student Garrett Phillips three years ago, filed a motion in St. Lawrence County Court that was argued today by District Attorney Mary Rain and defense attorney Edward Narrow.
Hillary sought a modification of the orders of protection to allow him on Potsdam School property where several of the protected parties attend classes, according to a press release from the office of county District Attorney Mary Rain.
Defense attorney Narrow argued the modification would allow him to attend his son’s basketball games.
Rain argued against the modification citing potential for witness intimidation, conflict between Hillary and the protected parties, and stress on the witnesses.
Rain said she had contacted the family of Garrett Phillips and that they strongly opposed the modification.
Judge Jerome J. Richards decided to keep the orders of protection as they are.
“The judge’s decision was well received by the family and they were relieved,” Rain said.
Hillary has been charged with second-degree murder in the case, but Judge Richards vacated the indictment after ruling that Rain crossed a line in the grand jury by misusing the process.
Rain has said she plans to present the case to the grand jury again.
At the time of the murder, Hillary was a soccer coach at Clarkson University. He is a native of the Caribbean island nation of Jamaica