Updated at 2:44 p.m. Wednesday By ANDY GARDNER CANTON -- The murder trial of Oral "Nick" Hillary was in recess while the defense interviewed a witness who claims to have seen someone other than the …
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Updated at 2:44 p.m. Wednesday
By ANDY GARDNER
CANTON -- The murder trial of Oral "Nick" Hillary was in recess while the defense interviewed a witness who claims to have seen someone other than the defendant at the scene of Garrett Phillips's murder around the time the boy died.
It has now resumed.
Hillary is facing a second-degree murder count, accused of killing the 12-year-old on Oct. 24, 2011 in Potsdam.
On Tuesday, the defense moved for a mistrial and dismissal of the indictment against Hillary after learning the prosecution knew of a state prison inmate named Gregory Brown who told state police last year that he saw John Jones going into 100 Market St. shortly before Phillips was murdered.
Judge Felix Catena dismissed the motion on the grounds that the defense still has time to prepare an adequate strategy without prejudicing Hillary's trial.
“We will interview him, and as soon as we’re finished with that process we will call the court … I have no idea if it will be 5 or 10 minutes or two hours,” defense attorney Norman Siegel told the judge on Wednesday morning.
Catena declared the court in recess until the defense calls to say their interview is complete.
Brown is serving a state prison sentence at Attica Correctional Facility. He has been moved to the county jail in Canton until the defense decides what they want to do with him.
Also on Wednesday, the prosecution announced that they will not call any experts to testify on DNA evidence. The judge ruled earlier in September that DNA would not be allowed as evidence because it was taken using a controversial method.
On Monday, the defense moved for the judge to bar any testimony in any form on DNA evidence.
On Wednesday, prosecutor William Fitzpatrick said their case will involve no such testimony.
“People will not be calling any personnel … to testify about DNA," he told the judge.
"We withdraw the motion," defense attorney Earl Ward replied.