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Lawyers in trial of Potsdam man accused of 2011 child murder watchful of racial bias issues; 10 jurors seated

Posted 9/7/16

By ANDY GARDNER CANTON -- Lawyers on Oral “Nick” Hillary’s defense team say they are being mindful of racial bias issues during jury selection for their client’s murder trial A total of 10 …

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Lawyers in trial of Potsdam man accused of 2011 child murder watchful of racial bias issues; 10 jurors seated

Posted

By ANDY GARDNER

CANTON -- Lawyers on Oral “Nick” Hillary’s defense team say they are being mindful of racial bias issues during jury selection for their client’s murder trial

A total of 10 jurors have been seated, now up to eight women and two men, all white.

Defense attorney Peter Dumas during selection proceedings on Wednesday asked the jurors if they would treat Hillary different because he is black. Of the jurors who answered verbally, who were all white, none said they would exhibit racial prejudices.

At a press conference following the trial, defense attorney Norman Siegel said they “cannot close their eyes to issues of race.”

“This is an issue going back to the southern civil rights movement through today with Black Lives Matter,” Siegel said. Even football players are raising the issue.”

At the conference, Dumas said prejudicial issues are always a concern during a case of this profile, which has been widely covered in local and even national press since 2011.

“I think in a case like this, prejudice is always a question,” Dumas said. “There’s been lot of media through the years with regard to Nick. It’s no secret he’s Jamaican by birth.”

Dumas also asked the panel of 21 potential jurors if they would feel bias against his client, should Hillary not take the witness stand.

“Will anybody here if they don’t hear testimony right from Nick Hillary … [not] be fair in this case?” Dumas asked the pool. “There could be a whole lot of reasons why somebody doesn’t testify and they don’t all point at guilt.”

Part of the talk during Wednesday’s court proceedings centered on if the jury had any bias toward their view of circumstantial evidence.

“It is going to be important that the prosecution is saying circumstantial,” said Earl Ward, one of five lawyers on Hillary’s defense team.

Onondaga County District Attorney William Fitzpatrick, who is aiding St. Lawrence County District Attorney Mary Rain in prosecuting the case, and defense attorney Earl Ward had each asked several probing questions to potential jurors about how they would handle circumstantial evidence at trial.

A ruling from Judge Felix Catena is expected Thursday on the admissibility of DNA evidence. He had previously ruled the prosecution could not use DNA evidence against Hillary. The prosecution have made a motion to have the judge go back on that order, which he made last month.

Hillary’s lawyers aren’t yet saying much about the pace of jury selection.

“Generally, we don’t comment on jury selection until it’s complete,” Siegel said. “I caution our team and others with regard to predictions.”