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A summary of the Hillary Potsdam murder trial so far

Posted 9/16/16

CANTON -- The murder trial of Oral “Nick” Hillary will continue on Monday morning in St. Lawrence County Court. Hillary is accused of strangling to death 12-year-old Garrett Phillips in Potsdam …

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A summary of the Hillary Potsdam murder trial so far

Oral 'Nick' Hillary waits in the courtroom on Sept. 13 while his defense counsel meets with Judge Catena in chambers. Moments later the defense's request for a dismissal and mistrial was denied. Photo: Brit Hanson/North Country Public Radio

Oral 'Nick' Hillary waits in the courtroom on Sept. 13 while his defense counsel meets with Judge Catena in chambers. Moments later the defense's request for a dismissal and mistrial was denied. Photo: Brit Hanson/North Country Public Radio

Posted Friday, September 16, 2016 1:07 pm

CANTON -- The murder trial of Oral “Nick” Hillary will continue on Monday morning in St. Lawrence County Court.

Hillary is accused of strangling to death 12-year-old Garrett Phillips in Potsdam on Oct. 24, 2011.

Here is a summary of what has happened in the courtroom so far:

• Jury selection gets underway. The judge says proceedings could last four or five weeks, but that’s not certain.

• Four jurors are seated, three women and one man. Attorneys probe for bias on circumstantial evidence and alibis.

• Ten jurors are seated after one day of jury selection. The defense team says they remain mindful of racial bias against their client.

• Hillary decides he wants a bench trial. Judge dismisses all jurors and will act as judge and jury.

• Defense lawyer says advising to go for bench trial is in Hillary’s “best interest.” Judge Felix Catena decides DNA evidence collected using controversial method will not be admissible.

• In opening arguments, prosecution says their case rests on proving Hillary’s whereabouts over a 30-minute period around when Phillips died. Defense says Hillary has an alibi that he was home when the boy was murdered.

• Garrett Phillips’s mother testifies Hillary appeared uninvited in her apartment weeks before the boy’s death

• The victim’s maternal grandmother takes the stand and recalls three times she had with Hillary in the months leading up to the murder where Hillary approached her at work.

• Defense calls for mistrial after learning prosecution did not inform them of witness who claims to have seen someone besides Hillary going into the building where the murder took place.

• Lawyer for potential witness tells court DA Rain was not interested in testimony that may prove Hillary innocent.

• Judge Catena denies the defense's mistrial motion.

• Phillips’s paternal grandmother talks about phone call she got from Hillary on the night of the murder; a friend of Phillips and his father, along with a former custodian at A.A. Kingston school testify about Phillips and Hillary’s whereabouts minutes before the murder.

• Trial goes into recess as defense speaks with witness who may have seen sheriff’s deputy at murder scene in 2011.

• Trial abruptly halted as Phillips’s paternal grandmother collapses in court and is taken from the courthouse by ambulance.

• Witness who claims to have seen a sheriff’s deputy at the murder scene won’t take the stand; the defense renews a motion for mistrial; neighbors recount what they saw and heard the evening of the murder.