Hi there, everybody. It's Deborah Roberts here, Co-anchor of 2020. I always like to know how a story turns out, and something tells me that you, as a 2020 podcast listener, feel the same way. Welcome to the 2020 True Crime Vault, where we are revisiting some of the most memorable stories from our archives. We're also going to give you an update on what's happened since the story first aired. Take a listen.

Coming up. A single mom, a hometown heartbreaker, her 12-year-old son, and the college soccer coach who dated her, and some say would do anything to keep her, even commit murder. Police say he took out the son who stood in the way. They're breaking up because of Garrett. He says it was rape. Targeted as one of the few black men in town dating a white woman. Interrogated, forced to strip.

I have crossed the line of being a.

Black man. Inside the crime scene, the killers leap from a second-floor window 18 feet down. Surveillance tape, the boy on a skateboard, the suspect's car pulling out right after. This guy was hunting the kid. Or is this the tape that says it all?

He's not the.

Type of.

Person that would kill a child.

He did it so arrogantly and stupidly that he can now finally be brought to justice. A man on trial. Please be.

Seated, ladies.

And gentlemen. I'm John Quineones. It was a tragedy that struck at the heart of a small town and struck a nerve with much of the nation. A young boy, Garrett Phillips, found murdered in his own home after school. There was little hard evidence that pointed to the murderer, but there was suspicion about one man who had played a role in Garrett's life. Was nick Hillary a killer, or was he an innocent man caught in the crosshairs of investigators looking to close a case? Could it be he was a victim himself of racial prejudice, as Elizabeth Vargas first reported in 2016, the story of nick Hillary might also be the story of a town on trial.

St. Lawrence County in the Adirondacks at the top of New York State. So far up, if you take a wrong turn, you could wind up in Canada. The Raquette River runs through it. Tractors, silos, and dwindling herds of black and white dairy cows punctuate the endless green acres. Amish buggies clip-clop through the small town of Potsdam. Four local colleges bring a pinch of diversity to this predominantly white area. This is the North Country. But on a rainy October afternoon in 2011, the rural routine is about to be rocked by a terrible crime. It's about the unexplained death of 12-year-old Garrett Phillips. It is 4:53 in the afternoon. Surveillance cameras capture fleeting images of 12-year-old Garrett Phillips gliding along on his two-wheeled ripstick skateboard, heading home after school. Garrett is a popular sixth grader, adventurous and outdoorsy with a ready smile and a streak of mischief. He and younger brother Aaron are being raised by their mother, Thandiy Cyrus. Tell me about his personality.

I like to be the clown. Usually, he always doing something to either tease somebody to make them laugh or teasing someone to make somebody else laugh. Just seemed like he was 100 miles an hour all the time. Soccer, lacrosse, basketball, hockey, football. Wow.

Is an all-around athlete. And was he good at all those sports? Yes. And this isn't just a proud mom talking? No. With the good looks that stand out in a small town, Thandi can be a heartbreaker. A button-downed bank manager by day. By night, she's fending off admirers while tending bar, which is where she meets soccer coach nick Hillary. What attracted you.

To her? She showed a lot of interest in what I was doing. And she was an athlete herself.

Was she also beautiful?

She was very good looking.

nick Hillary immigrated at 16.

We've always heard the phrase America is the land of multiple opportunities. And mom took the opportunity, came forward and tried to make a way for us, and that's exactly.

What happened. So basically, your family came here from Jamaica seeking the American dream? Exactly. You can still hear the Jamaica in his voice, but he embraces his adopted country. He served three years in the army, and then he went to St. Lawrence College, where he led the soccer team to the national championship. What did you learn about soccer? What did you learn about yourself? Because sports is a great metaphor for life.

It is. It allows you to be compassionate to others. How it teaches you to interact with others who are different than you are, how to be accepting of people.

He then had a career helping kids, first as a math teacher in Florida, then returning to the area, becoming head coach at Clarkson University. So at.

This point in time, where we are in the season, I'm pretty pleased and really looking forward to what lies ahead.

The former standout soccer star and his kids stand out for another reason as well. They are one of the few Black families in town. Do you feel like you stuck out?

Oh, yeah, most definitely. Sometimes you're the only one of color in.

The grocery store. And then in 2010, the Jamaican-American soccer coach and the local beauty, Thandi Cyrus, become involved, started dating. The attractive couple, attracting attention in this small town, which is nearly 95 % white. Was this the first time you'd had a relationship with a white woman?

No.

So for you, this wasn't any big deal? No. Had she ever had a relationship with a Black man?

No, this is the first for her.

And in town, this did not go unnoticed? Exactly. What was the reaction in town?

There was a little bit of mixed opinions, I guess, gossip, small town. I can't believe they're dating or that's weird. It was just.

A very hostile environment for myself, trying to have a relationship with Thandi.

The relationship lasts about a year until Thandi and her two kids move out. All happening just weeks before that dreeery Monday in Potsdam. Garrett heading home to their new apartment on Market Street on his ripstick. The last ride of his life. He has just eight minutes to live.

We heard running next door in the hallway, and then we heard a loud crash.

Across the hall from Thandy's Place, college students Sean Hall and Marisa Vogel are watching Dexter. The show about a serial killer is interrupted by something that they say sounds like a body hitting the floor next door. I said, Did you hear that? Either no or ow. And then definitely a help. So I knew it was one of the children right away. It just sounded urgent. Marisa knocks, listens, and hears on the other side of the door a distinct sound. It was completely quiet until I heard a click of a lock. That's all. Just click. It was instant goosebumps. There is somebody on the other side of this door who does not want me being here right now. -constant police. -constant... Name is Marisa Bolgo.

I thought I heard some screaming like, No, and help a couple of times. Minutes later, an officer arrives and he sees Garrett's backpack, Garrett's ripstick, and then Garrett himself lying on the floor of his mother's bedroom. They rush him to the hospital and send for his mother, Thandy. You're thinking dislocated shoulder or.

Sprained ankle? Exactly. And then he's telling me that my son is in full cardiac arrest.

How did he look to you?

At one point in time, they had to use the AAD machine.

I can't even imagine what that was like.

For you. I felt like I was watching it happen to somebody else.

Did they let you touch him, hold him? I stayed in there.

I don't even know how long I was in there. I told him I loved him.

Heartbreak turns to horror when an autopsy finds rugburns on Garrett's legs and suspicious marks on his face and neck. The cause of death, suffocation, and strangulation. Twelve-year-old Garrett Phillips had been murdered. I can't even fathom at what point the shock begins to wear off and the questions begin.

The next day, I had gone down to the police station, and that was when I had found out it wasn't an accident and that somebody had been in my apartment.

Podstand police told the public they would work the case as best they could. The killer was in her apartment, but how did he get out? Lead investigator, Mark Murray, takes me inside the crime scene. What did you notice about this window at that point? The screen forced out was a big set of metal blinds, and the window was slightly up about a foot and a half. Police say the killer made an acrobatic escape from the rear window of Garrett's apartment. It's around 20 feet from the windowsill down to the ground. Wow. A picture of the killer begins to emerge, athletic and judging by the drop and the goug in the ground, possibly injured. Did anybody see anybody come in this apartment? We did several neighborhood canvases. Really came up without anyone directly witnessing anyone coming, anyone at all coming out that window. When we continue, police try to imagine who would want to kill a 12-year-old. Did police ask you who would want to harm your son? Yes. What did you say? Stay with us. Jackie Robinson may have broken the color barrier, but he wasn't the first black baseball star. The players who came before him, including my grandpa, Norman Turkey-Sterns, competed in a segregated league.

They were denied their rightful place in history. We're going to uncover the stories of the Negro leagues and the baseball greats you've never heard of. Reclaimed the Forgotten League. Listen now, wherever you get your podcasts. It may be too early to start the Christmas playlist, but it's never too early to start planning your Christmas gifting. The SuperValue gift card is the perfect gift for your team with something for everyone available in store while supporting a local Irish business. Look after your Christmas shopping today. Visit supervalue. Ie/giftcards. Pots, Dan, police are now calling the death of 12-year-old Garrett Phillips, a homicide. The killer of a 12-year-old Potsdam boy continues to walk free. Police say they have no suspects. By the time 12-year-old Garrett Phillips is buried in the family plot, his ripstick skateboard by his side, the people of Potsdam, New York are up in arms. They are demanding a suspect, an arrest, justice for Garrett. Very quickly, too quickly, some will later say police zero in on a suspect. The morning after Garrett's death, lead investigator, Lieutenant Mark Murray, speaks with the DA's office. We got some strong feelings about certain people or one person.

There's one person in particular we want to talk to. Did police ask you who would want to harm your son? Yes.

I was like, Everybody liked Garrett and no one ever had a problem with Garrett. And then it's like, Oh, there was one person that had an issue with Garrett.

Just one. Just one. Who was it? Nick. Nick Helleray. Yes. At what point did you find out that Garrett was dead?

I learned that Garrett had passed away when the cops had showed up to my apartment to inform me that he did.

What did you do?

At that point in time, I grew numb. That was the last thing that I was expected or remotely close hearing from them.

Thandi had ended her relationship with nick Hillary just a month before her son was murdered. First of all, whose idea was the breakup?

The idea was a waterfront of force. I mean, the idea was a waterfront.

I mean, I-She says she was the one who broke up.

I think it was the two of us. We made a decision.

He made a lot of attempts to get me to change my mind.

Thandi says she broke up with nick because of friction over how to parent her two sons.

I specifically remember one time him telling me that Garrett needed more structure and that if he didn't have more structure that when he got a little bit older, I wasn't going to be able to control him. So control was an issue for him. A lot of Nick's rules started getting enforced as far as there was no TV during the week for the kids. At all? No.

How did that rule go over?

Not very well.

Did you ever see nick lose his temper with your children?

He never really disciplined my children.

So you never saw him strike any child? No. Or threaten any child? No. But Thandi says Garrett eventually didn't want to be around nick, so she decided to move out.

I told him that my kids weren't happy and I wasn't going to stay in a relationship where my kids were miserable.

What was his reaction?

He thought that I was letting them make my decisions for me.

There are people who say now that the reason you and Thandi broke up was because Garrett wanted you out of the house. Not true. You're saying there wasn't tension between you and Garrett. No. That you didn't argue?

No, we didn't.

But look at some of the text messages Thandi sent nick. I've been waiting for almost a year for the feeling and situation between you and my kids to get better, and it's not. This is not easy for me either, but I have to put my kids first. Yes, it is about the boys.

He blamed my son for our relationship ending.

For losing you. And he didn't want to lose you. No. Thandi's suspicion of her ex-boyfriend is shared by the police. The night after the murder, Lieutenant Murray hides in a crowd of soccer fans secretly shooting this video of nick. Were you aware that police officers were at the game videotaping you?

Absolutely.

No clue. You know that if they were videotaping you 24 hours later, you were already prime suspect number one. Yes. The next morning, it's the police again.

They told me, Hey, you have to come downtown.

Did you.

Ask why? They said, Well, we would like for you to assist us with the Garrett's case. And I said, Okay, no problem.

nick says he voluntarily goes to the police station. How long have you gone out with Danny? 2020 has obtained this video of Potsdam detectives interviewing nick two days after the murder. There you go, nick. Thanks, appreciate it. Prosecutors say some of his behavior is suspicious. Not exactly a smoking gun, just smoking. Hillary is a.

Chain smoker, and they gave him opportunity to smoke three different cigarettes.

You smoked some cigarettes while you were in the police station. Yes, I did. What did you do with the butts of.

Those cigarettes? Some of the butts put down the sink.

He.

Doesn't want them to get his DNA.

Are you sure that's what he was doing? Maybe he's just really need or something. I don't know.

Maybe he's just a need freak. Elizabeth, whatever you say. Pretty obvious to me what he was doing.

nick says he doesn't realize anything is wrong for about an hour until he tries to leave. Can you.

Show me.

Outside here? Do you.

Walk to that? At that point in time, they barred the door.

They physically blocked it?

Physically stood in the doorway and told me, Look, you are not going anywhere.

Well, you're going to be held on your commitment, anyways. I was.

Ridden my Miranda rights, and that's when I know.

nick says police held him against his will all day long, armed with a search warrant from a judge. They take his pants, his sweatshirt, and he says, in a final humiliation, even his underwear.

They pretty much stripped me naked as the day I was born.

They took all of your clothes.

Everything was taken. All I left there with was in an Hazmat suit.

A Hazmat suit?

A Hazmat suit. That's what I was released from the station.

nick is released, not arrested, and for good reason. Actually, two good reasons. Two alibi witnesses. At the time of the killing, his then 15-year-old daughter, Shauna, says he was home with her. Right after, assistant coach, Ian Fairley, says nick stopped by his place. How did he look to you? Do yousure. He looked like he was always at athletic clothes, getting ready for practice. -normal? -yeah. Not sweaty, not disheveled? No, I mean, absolutely not. -was he limping? -nope. State and local police scour the crime scene for three days. We didn't get any evidence from the items that were tested by the forensic center in Albany. No hairs, no fibers, really nothing. A smidgen of DNA under Garrett's fingernail is too little to be useful, the lab says. But then in a CSI moment, crime scene text find one, two, three, four fingerprints of all places right on that window through which the killer escaped. But the prints do not belong to nick Hillary. Whoever had their hands on that rear window, police are never able to identify them. Why do you think there is this depth of fervour to get you?

Because I think I have crossed the line of being a black man, honestly.

You think it's all about race? It is.

I sincerely think it's all about race.

One unsettling year passes here in the North Country, and then another. Nick Hillary is not arrested, and neither is anyone else. It's been nearly two years. No arrests have been made yet. The family holds on to hope that one day, the person responsible will be brought to justice. But the prime suspect is about to turn the tables on the police. Still ahead, nick Hillary's payback. And then a Hollywood producer enters the picture. How much are you willing to spend? As much as it takes. Stay with us. 20th Century Studios presents A hunting in Venice. Now streaming only on Hulu. You were saying? From the world of Agatha Christie. You're coming with me. Comes what Entertainment Weekly calls, Kenneth.

Brandy's best pro-roll movie yet.

I will not be next. Then we must be careful. It's the perfect movie for fall. It is fabulous. It will keep you guessing until the very end. My money's on the housekeeper. A hauntain in Venice rated PG-13 may be.

Inappropriate for children under 13.

And outstreaming only on Hulu. In celebration of the 10th anniversary, Disney's Frozen is coming to podcasting with a brand new story. The Frozen podcast features Anna. I want to know about that. Elsa. Makes perfect sense to me. Olaf. I don't get it.

And.

Christophe. Are we going on another adventure? Oh, no. Of course. Experience Disney Frozen: Forces of Nature available now on your favorite podcast app. The signs are everywhere in Potsdam, New York, Justice for Garrett. T-shirts, too. The 12-year-old killed in his own home, a village angry that his murder is so far unsolved. But it's not for a lack of trying. Within days of the crime, police gathered video from many of the security cameras in this small town. Discovering one at the school captured some of the last moments of Garrett's short life. Mark Murray, with the Potsdam Police Department, shows me where the boy rode his ripstick skateboard that day. Where does Garrett come from? He comes from the path right back here behind us. That's leading to the school buildings over there? Correct, from the middle school side of the campus. So the middle school is up there straight ahead. -yes. -and Garrett comes on his ripstick. Down this path. But look closely because there's something else caught on these cameras. This baby blue Honda. As Garrett rolls toward the parking lot exit, watch. 10 seconds later, see the backup lights. And as soon as Garrett passes, he pulls out and does a K-turn.

That Honda backs out and heads for the exit. Are we talking immediately? Like immediately as soon as Garrett passes on that sidewalk on his skateboard or ripstick? Yes. What does that tell you? He knew that that was Garrett. Is that driver Garrett's killer stalking the little boy just minutes away from his death? The police thinks so, but the surveillance video was grainy and they can't make out the license plate or the identity of the driver. They're stymied until they get a break from an unlikely source, nick Hillary himself. Hillary decides to sue the Potsdam police over what they did to him at the police station two days after the murder. That strip search, that humiliation. Why did you do that?

How could I have experienced such treatment and to know what they have done to me is totally against the law.

The lawsuit alleges false arrest, false imprisonment, unreasonable search and seizure, defamation, and emotional distress. Nick's lawyers in the case are old friends, a former college soccer teammate, Manai Tafari, and his wife, Lisa Markochia. Both are attorneys in New York City. There was no.

Probable.

Cause to hold Mr. Hillary, and there was no arrest warrant. What they did to nick that day was really horrendous. They had him leave the station in a Hazmat suit. How embarrassing is that? It may have been satisfying for nick to get payback against the police who humiliated him two years earlier, but he's about to find out that sword Lady Justice holds cuts both ways. He don't care if he liked you.

He never said he disliked me.

The lawsuit also requires nick himself to submit to questioning under oath and a deposition. All while still a prime suspect in the murder of a little boy. His attorneys say that deposition proves nick has nothing to hide, and he willingly answers questions for hours. Why were you going to Potsdam High School that day? Objection, but relevance.

To watch a soccer game.

And was the game in progress when you arrived?

Yes, it was.

But detectives believe nick makes important admissions. For one, he reveals the day Garrett was killed, he was the driver of that blue Honda in the parking lot. What vehicle were you driving, sir? The Dutch Relevans.

I was driving my vehicle.

What vehicle is that?

A Honda.

Light Blue?

That is correct.

Finally, the driver of that baby blue Honda is identified, and it is nick Hillaray. His own deposition could work against him. We both fully believe that the civil suit actually ended up really protecting nick because nick had to disclose this information, but so did that. The civil suit goes to showing that he's an innocent man. No guilty person would have done something like that. But while nick proceeds with his civil suit, he now has a new problem. There's a new district attorney in town, Mary Rain, who won the election, promising justice for Garrett Phillips. There she is, campaigning with Garrett's mom, Thandi, by her side. Garrett's murderer should be behind bars at this point, but he's not. Why was that important to have Thandy standing there beside you? I think it's important so that.

The community doesn't forget this crime.

This was a notorious murder of a child. This didn't seem to have any danger of fading into the woodwork anytime soon. I can almost guarantee you that if I had not.

Been elected.

It would.

Have just gone away.

I knew exactly what it meant.

Which was?

Which was, You elect me, and I will go after who I think the individual is.

nick.

Hillary. Nick Hillary.

In St. Lawrence County, DA Mary Rain. In Potsdam, election promises are capped. On the first day in office-That file, I picked it up. There was dust.

On it.

I blew off the dust. The file was about this thick. It is now about 20 boxes. Indicted and arrested a suspect in that murder of a.

Little boy in Potsdam two and a half years ago.

The man long mentioned in connection with the murder is in jail tonight. And four months after giving his civil deposition, nick Hillary is indicted for the murder of Garrett Phillips and arrested.

Hundred % innocent.

Was there any part of you that said, Okay, it's a murder trial, but at least I finally get to get up in front of the world, this town, and tell my side?

No, there was no part of me that was saying that because I was pissed.

nick does get one lucky break instead of sitting in jail, awaiting trial, he gets bailed out by an unexpected benefactor, Sarah Johnson, a wealthy film producer. The Oscar goes to… Birdman. She's best known for financing the Oscar-winning film, Birdman. She also graduated from the same college as nick. How much are you willing to spend? As much as it takes. I think Hilary is lucky to have you as a friend.

He's a good person.

And Sarah isn't the only college connection taking Nick's side. Through it all, Nick's college soccer teammates, lifelong friends from that championship season have been standing by their former captain. Yeah, good boy, good boy. We believe that he is 100 % innocent. We've stood together and we continue to stand together. Our unwavering support will be there for nick, always. Did you kill Garrett?

No, I did not.

Did you hurt him in any way?

I have absolutely nothing to do with what has happened to Garrett.

Nick's declarations of innocence do not dissuade the prosecutors. They are coming for him. So here's our.

Most important... This is a bunch of cameras.

Still ahead. Rare access beyond the courtroom and behind closed doors with the prosecution as they build a case they hope will send nick Hillary to prison. I can't.

Picture 12 people from this county looking at that deposition and not saying we're not 100 % sure he's a killer just yet, but he is a bald-faced liar.

Stay with us.

Five years after the death of 12-year-old Garrett Phillips, a new prosecutor has been elected and is now ready to bring nick Hillary to trial. But will she have enough evidence to send him to prison? Once again, Elizabeth Vargas. Before the.

Case against nick Hillary ever gets to a courtroom, there is lawyering to be done in a conference room. Hotstown High School. You got Cotch Street. 2020 gains rare access as St. Lawrence County prosecutor Mary Rain maps out her case against nick Hillary. This is where Garrett was and this is where the defendant was in a parking lot right in this area. Drawing up battle plans, consulting boxes of evidence, poring over crime scene photos. This is Thandie's bedroom. This is where Garrett retreated to. This is the window where the defendant climbed out, probably jumped right onto this area. That tile was broken. Rain is a rookie prosecutor, but she has a secret weapon. That prosecutor we've been hearing from veteran district attorney, Bill Fitzpatrick. Why did you turn to Bill Fitzpatrick? Bill Fitzpatrick has over 75.

Homicides under his belt.

I have one. So when you're looking at that, if you're a college team and you ask LeBron James to come play for you, you will let him play.

This is a circumstantial case. Basically, we will prove that Hillary did it, and we'll also prove who the hell else.

Could have done it. Fitzpatrick has a fearsome reputation for winning. He says the devil is in the details.

And as usual, it's little things that convict people. Where were you? Which way did you turn? I turned left, I turned right, I can't remember.

With no direct evidence connecting nick Hillary to the murder of Garrett Phillips, they are left to build a case out of circumstances, working on the theory that there are no innocent coincidences in crime. There's star witnesses, cameras, and two videos. One is that deposition nick gave when he sued the Potsdam police. These prosecutors are eager to turn Nick's own words against him.

The deposition was the gift that keeps on giving. I can't picture 12 people from this county looking at that deposition and not saying, Okay, we're not 100 % sure he's a killer just yet, but he is a bald-faced liar.

Security cameras show nick Hillery arriving in the Potsdam High School parking lot in his Honda at 4:47 PM. He says he's there to scout a soccer game. So you're looking for players to recruit? I was looking for players.

To recruit. And then he.

Parks where? He drives up, parks approximately right here, double-parked. Lead investigator, Mark Murray, shows me the parking lot. Where was the soccer game taking place? It was taking place on the turf field to our left. So over there? Correct. He can't see the game from here? That's exactly our point. Why would you park where you couldn't see the game and move to a spot where you can't? It's even worse. From behind a school bus then to behind a 40-foot pine tree. Police say, oddly, nick stays in the car the entire time, but he has an explanation. Did you get out of your car once you parked?

No, I didn't. Why not? Because it was raining. I was waiting for the rain to break. I think it was probably about half-time in the game at the time. And I was waiting, waiting, and just didn't break. And I decide, Okay, I will just have to continue with my day.

He leaves after six minutes in the parking lot. He says he went home. Prosecutors say he went to Garrett's apartment and killed him. You don't believe that it was a coincidence that nick Hillary was in that parking lot, that school.

Parking lot? I don't believe in a tooth fairy. I don't believe in Mother Goose. And I don't believe that nick Hillary was in that parking lot by coincidence. He was hunting Garrett.

But you don't have any fingerprints, any hairs, any fibers, any DNA linked to nick Hillary inside that crime scene.

There's no evidence pointing to anybody else either. So this random psychopath that just happens to be walking through Potsdam, New York, are you telling me that he manages to get into that apartment and kill that kid and leave not.

A thing, zero? Did you go to that apartment that day? No, I did not. You didn't follow that boy home and go to that apartment?

No, I did not.

You didn't jump out a window and injure your ankle, try.

To escape? No, I did not. I absolutely have nothing to do with the death of Garrett Phillips.

nick is already paying a price for the stigma of suspicion in this small town. He is unemployed after losing his coaching job at college, spending his days with his young twins, awaiting his day in court. How have you changed the way you live your life as a result of this suspicion?

It's gone from being an individual who was free-spirited and trusted, welcoming to each and every one, to be now coming skeptical.

Guarded.

Guarded.

They've destroyed him and his career, regardless.

Of what.

Happens at this trial at this point. Yeah, even... I mean, how many universities are going to hire him to be their soccer coach? And what the parents have to do is google his name and see what happens. So even if he is acquitted, he's never going to be able to get his life back the way that it was. Still ahead, the murder trial begins, but we have police video not admissible in court. Why detectives are so eager to get a look at nick Hillarys-Lake. Could you pull up your right-hand leg for me? This? That would speak volumes to me to not- See what happens next. Can we close that door? This murder trial, any murder trial, is big news in St. Lawrence County, New York. A team of North Country public radio reporters are covering every angle with a daily podcast. You're listening to day by day, the nick Hillarie trial podcast. Nick Hillarie is charged with second-degree murder in the 2011 death of twelve-year-old Garrett Phillips in Potsdown. Most of the jurors for the murder trial have been selected when suddenly, nick Hillary waives his right to a jury trial, putting his fate solely in the hands of Judge Felix Catina.

We had 10 jurors, eight women, two men, and they were all white, and that got us concerned. The attorneys gathered to do battle at the historic St. Lawrence County Courthouse in Canton, New York. Nick's team, paid for by his wealthy benefactor, Sarah Johnson, includes high-powered civil rights defense attorneys, Norman Segel and Earl Ward versus prosecutors Mary Rain and William Fitzpatrick.

The many names that have been labeled on this defendant are the innocent man, the wrongfully accused. I want you to label him for exactly what he is, the murderer of a helpless 12-year-old boy. Nick Hillary did not.

Kill Garrett Phillips. Opening arguments seem to describe two different cases. There is.

No fingerprint evidence, no.

Hair or fiber evidence connecting nick.

Hillary to.

This crime. But there is the question of Nick's ankle. Remember, the murderer, whoever it was, jumped out the second-storey rear window. Police discover Nick's right ankle is scraped and swollen. How did you.

Hurt it? I have acquired new furnitures and in the process of moving it around.

I hurt my ankle. You never said you didn't have a sprained ankle or a hurt ankle of any kind? No, I didn't. You never denied that injury? No. But when police interview nick two days after Garrett was killed, listen to what he says. Yeah, could you pull up your right-hand for me like this? Show me your leg like that. That would speak volumes for me and I'd be all set. I'd be done. I won't. Why not? You have an injury to your right leg? No, I don't. That video interview wasn't allowed into evidence in the trial because nick had already asked for a lawyer. Although he does not take the stand at his trial, the video of nick testifying in his civil case is played in court. After your daughter arrived home at approximately 4:30, did you leave your apartment? Yes. And where did you go?

To the high school.

A critical issue in the trial, how very near nick was to that little boy in the minutes right before and right after the murder. There's nick, parked, and there goes Garrett, scooting behind on a skateboard. Did you see Garrett skateboard by?

No, I didn't.

Because obviously, surveillance tape shows that he did to go home. Exactly. Exactly. And that's a pretty extraordinary coincidence. Very much so. Obviously, given what happened. Yes. In his deposition, nick says after sitting in his car at the high school parking lot, he goes home.

I went home.

But if nick was going to go home from the high school, the most direct route is to turn right. But that's not what nick does. The security camera video shows nick turns left out of the parking lot. Where were you going?

I could make either a left or a right instead of going home. Oh, Mr.

Hillary, you told me under roof you didn't stop anywhere on your.

Way going home, correct? That is correct.

And your home would be in the opposite direction of where you turned, correct?

Objection. Again. Like I said before, I cannot recall turning left.

Or right. Prosecutors say he's not going home. He's going to that Market Street apartment to murder it. But defense attorney, Earl Ward, has an innocent explanation for the wrong turn. Assistant Coach, Ian Fairley, lives in that direction. The inference you can draw from nick making the left turn is that he was going to Ian Fairley's house. Still, in our interview before the trial, nick gave a different explanation.

When I made a left, my intentions were to get to the office, and I quickly realized I need to make provisions for my daughter at home.

Prosecutors say nick and his daughter are orchestrating his alibi that he was home with her at five o'clock and not at Garrett's apartment. And what time did.

You get home? Around five. We spoke for a little bit, talked about dinner arrangements.

What was she going to do.

For dinner? Some macaroni with some puna casserole.

But if they had that conversation about dinner at five o'clock, prosecutors ask why Nick's daughter sent him this text an hour and a half later, asking, What's for dinner? Prosecutors also point out his second alibi, that he was at Ian Fairley's house after stopping first at his own home, still puts nick about 300 yards from the crime scene within minutes of the murder. Nick's defense attorneys fight back, putting on a witness, a child psychologist Garrett was seeing, who suggested the conflict between the rambunctious 12-year-old and the defendant was exaggerated. He testified that Garrett never complained.

At least to him, about nick.

Pointing out investigation inconsistencies, like the fact that the first policeman on the scene says he heard noises coming from inside Garrett's apartment after Ian Fairley says nick Hillary was already at his house.

nick.

Cannot be the perpetrator because when the perpetrator is still inside the apartment, nick.

Is at Ian.

Fairley's house. With not a hair, a fiber, or a fingerprint tying nick Hillary to the death of Garrett Phillips. Lack of evidence is reasonable doubt, and this case is riddled and replete and rife with lack of evidence. Defense attorney, Earle Ward repeats the phrase reasonable doubt 25 times.

Proof beyond a.

Reasonable.

Doubt.

Reasonable doubt. Reasonable doubt. And he dismisses the motive. You killed.

The poor kid with the.

Hope that the mother will come running back into your arms. It makes absolutely no sense. He asks the judge to quit. He's not.

The type of person.

That would walk into a room, put his hands around a child's neck and kill a child. Prosecutor William Fitzpatrick gets the last word, making an impassioned plea. Garrett Phillips.

Wasn't killed by someone passing through town who hates little boys. He was killed by nick Hillary. He wanted to be 12 years old and not be dictated to. And that cost of his life.

We'll stand at.

Recess to await the court's verdict. Have you found yourself ever contemplating the what ifs? What if you're found guilty?

I would have to say yes.

What do you think about? What do you think would happen?

Well, the first thing I think about is my kids.

And if you're acquitted, what do you do next?

Well, I would have to get my family out of that town.

You would.

Leave town? I mean, what is there for me to do?

For now, all nick can do is wait. Then, after a week of deliberation on September 28th, 2016, a decision is made. Media and families on both sides pack the large courtroom to capacity. The defendant, oral Nicholas Hillary, is found not guilty. Shouts break out in the courtroom, one side offering praise and thanks, the other bitter disappointment. It's vindication for nick Hilllary. He weeps in celebration. But across the aisle, a different tears. Garrett's family, Mother Tandy, brother Aaron, devastated. Outside the courthouse, the media swirl around nick. At a press conference, his lawyers turned the conversation from relief to race. Do not ignore the racial overtones of.

This case.

Whether it's Charlson, whether it's Tulsa, whether it's Ferguson.

Whether it's Staten Island.

There is a serious problem, especially police vis-a-vis men of color. An hour after the verdict, I catch up with nick.

Certainly a burden that has been taken off my shoulder.

What would you say to Thandi?

I am extremely, extremely sorry for their loss. And I wish I could have been of more comfort to them.

Whoever really murdered Garrett Phillips, his mother, Thandi, says the killer took everything.

Never got to go to sixth grade graduation, never got to have his driver's license, no girlfriends. Were no marriage. He took his whole life.

Five years after Garrett Phillips' murder, there is a haunting reality lingering in the autumn air of the North country. Someone squeezed the life out of a 12-year-old boy here, whoever that was, the killer remains free. This is Deborah Roberts. Nick Hillary later moved away from the Potsdam area. He filed two federal lawsuits against the village of Potsdam, its police department, and the prosecutors involved in the case, claiming his civil rights were violated. He lost both lawsuits and as of 2023, is appealing them. Meanwhile, in 2018, the New York Judicial Department charged prosecutor Mary Rain with professional misconduct involving numerous violations, including that she directed investigators to interrogate a witness in Hillary's case without the presence of his attorney. She was also charged with failing to reveal exculpatory evidence to the defense during trial. Rain's license to practice law was suspended for two years. As for the murder of Garrett Phillips, as of 2023, it remains unsolved. Baseball fan or not? You've probably heard of Babe Ruth, Hank Aaron, and Willy Mays. But what about Satchel Paige, Josh Gibson, or my grandpa, Norman Turkey, Stearns? They're baseball grades too. But for decades, they were kept out of our record books and halls of fame.

They were denied their rightful place in history. Now we're asking, what would justice look like after so many years of exclusion?

Who are you to.

Tell us that we are now Major Leagers?

We.

Always considered.

Our relatives.

As Major Leagers. From ABC Audio, Reclaimed the Forgotten League. Listen now, wherever you get your podcasts.