The duo were joined by lawyer Mani Tafari, who also shared his view on the case. His white mom names black ex-boyfriend Nick Hillary as most likely to kill Garret. Hillary was the ex-boyfriend of Phillips' mother Tandy Cyrus, but another of her exes, John Jones, proved to be a key figure in the case as well. Years ago, Nick patronized a bar on Potsdam's main drag where the bartender was a single mother. At least one of them had talked to police back in 2011, and their story did not add up. I dont want to ever talk bad about the police, because some of them actually do their jobs the way they are supposed to, however this police department didnt. Nick was finally released, but they kept his clothes and took the cigarette butts from his pocket and drain. However, Shanna-Kays phone records show she texted her father at 6:24pm, asking Whats for dinner?. His close friend Mani Tafari is less optimistic. He was 12. Turn on desktop notifications for breaking stories about interest? And then there was the potential witness about whom prosecutors never told the defense a revelation that nearly led to the trials dismissal. However, Postdam is apparently really small, so if you go a different way it doesnt take long to be back where you started. His mothers ex-boyfriend, Nick Hillary, was found not guilty of the murder just over two years ago in a trial that captivated the region. He was a popular, athletic kid. On that rainy afternoon in October 2011, police responded to the scene at just after 5 p.m. after next-door neighbors heard concerning noises from Garrett's apartment and called 911. he was with his dad cutting wood (his dad confirmed this), 2.) His mother's ex-boyfriend, Nick Hillary, was found not guilty of the murder just over two years ago in a. -- It was Oct. 24, 2011, when 12-year-old Garrett Phillips was found strangled to death inside his home in Potsdam, New York, a small town near the Canadian border. Oral "Nick" Hillary and Tandy Cyrus are pictured in an undated photo. If there's been an acquittal, Trainum said, thats all the more reason for investigators to take a step back and consider how the case unfolded. The mystery of what happened to Garrett Phillips continues. This led to Hillarys arrest, which satisfied Brian Phillips, who still passionately professes his belief that Hillary is guilty in Garbus doc. Hillary does not shy away from the scrutiny the film will bring, saying his ordeal will have had purpose if it saves others from similar mistreatment by law enforcement. But you cant take race out of the picture the way in which white Americans are just more likely to look at Black people as capable of committing crimes. The first afternoon, of many, spent rebuilding his life. His mother was rushed to the hospital. He looked like he was sleeping.. Hillary was confused, especially because Jones was not in his deputy uniform and he wasn't sure if Jones was there in an official capacity or not. Garrett and Aaron's school schedules were on the fridge and family portraits were on the wall. Garrett, 12, was found strangled in his empty home on October 24, 2011, with no witnesses reporting seeing the killer enter or exit the second-floor apartment. Just like his father, spitting image of my brother, a heck of a little athlete. True crime is popular because theres a healthy impulse to want these things to be solved, Garbus says. I needed someone trained to put their emotions to the side., Oral "Nick" Hillary, center, hugs defense attorney Edward Narrow after being found not guilty in the murder of Garrett Phillips on Wednesday, Sept. 28, 2016, in Canton, N.Y. (Jason Hunter/AP). He spent more than two decades asa homicide detectivein Washington, D.C., where he eventually opened a cold case unit. 2. "It's very frustrating," he told "20/20." Hillary was considered a suspect because he was an ex-boyfriend of the boy's mother. IE 11 is not supported. They also knocked on the door and said they heard footsteps coming from inside the apartment. Formal complaints were filed against him for violence and abuse. Though the crime happened almost five years ago, the whodunit of it all has consumed this quiet area. Even more interesting is that Brandon has a cousin who was 15 at the time named Amos who is black and Hillary's lawyer believes they have information that puts Amos and Brandon at the scene and may have information regarding the murder. Part 2 premieres on HBO on . The apartment that Jones helped Cyrus find was the same spot where Phillips was found gravely hurt. I probably will the rest of my life," Phillips said. The police wanted to locate Garretts family and tell them what had happened. It was two days after 12 year-old Garrett Phillips was found strangled to death in his home in Potsdam. They realized that the killer could have had an injury since the jump was pretty far. Garrett was found unconscious in his home and died that night due to injuries inflicted by a yet unknown perpetrator. He was read his rights. Hillary is now a free man, and he cannot be retried. He had minutes left to live. Prosecutors have also said they will not reopen the investigation. Tandy Cyrus, Garretts mom, was at her other sons basketball practice. Oral Nick Hillary exhales as he leaves the St. Lawrence County Courthouse in Canton Wednesday after being found not guilty of murdering Garrett Phillips. The accused was Nick Hillary, 37 years old at the time of the boy's death. New information has come to light and is being investigated in the 2011 murder of 12-year-old Garrett J. Phillips. It suggests that a kid named Brandon who lived next door gave two different statements about his whereabouts. aired on HBO on Jul. They were very much in his personal space as he was standing there naked with several cops around. The police found Garrett laying motionless. I have so many questions about the ex-boyfriend, John Jones. The two-part HBO documentary Who Killed Garrett Phillips? doesnt solve the mystery but looks at the case through a critical lens. Garbus says her team did analysis on that tape beyond what the police had done but no new developments came out of it. No, the police did. Do Not Sell/Share My Personal Information. What makes this weirder is that Brandon and his dad both say they saw a white male with dirty blonde hair go in out of 100 Market Street around 3 - 330. The boy in the security video was 12-year-old Garrett Phillips. 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Garbus film, which debuts on Tuesday, uses police footage and photos, video evidence and interviews to recount what went wrong in meticulous detail. "Even the appearance of impropriety is as devastating in its consequences to the judicial system as the actual impropriety itself," said Downs. But at around 5 p.m., when the murder is estimated to have occurred, no one saw anyone jump or flee from the building. He also had deep rug burns, scratches on his face, a black eye and cauliflower ear. But Murray said, "even if we had collected hairs and fibers [matching Hillary], he had been in the apartment -- he moved [Garrett's mother] Tandy in, he was in the apartment in the middle of the night on a number of occasions. Yard signs like this were planted across St. Lawrence County to keep the case in the public eye. Following this, Hillary was then indicted for murder in the second degree, spending 70 days in prison before he was released on bail. Garbus questioned them about their missteps and lack of physical or DNA evidence tying Hillary to the crime. 23, with Part 2 following the next night on Jul. The police soon zeroed in on Nick Hillary, the ex-boyfriend of Tandy. Dateline's been covering the case of Garrett Phillips for over a year. The DA says an investigation is ongoing, but its hard to know if police are taking the new information seriously. "The district attorneys office, the police, and the sheriffs department refuse to get to the bottom of things and basically have swept this investigation under the rug.". Aug 17, 2020 Advocates for the wrongfully accused are trying to draw new attention to the murder of Garrett Phillips in Potsdam nine years ago. Tandy said she broke up with Nick because Garrett didnt like him. Phillips was the 12-year-old boy who was fatally attacked at his home in Potsdam in 2011. Garrett Phillips was twelve years old when he was murdered It doesn't appear that Jones's daily life has been drastically changed following the case: without negative reports, one can imagine that he still resides in Potsdam, New York. He loved sports, being with his friends and ripsticking (kind of like skateboarding, but your back leg always moves). Phillips was convinced police had the right suspect, but he felt it was time to move on and it became clear that law enforcement wanted to move on, too. Filling the benches behind, were foursquare supporters of Hillary across the aisle from Tandy's extended family. Nick and Tandy met while Tandy was working part time as a bartender. We need to start a true dialogue about how can we bring forth changes, he explained. "You could see that Garrett had neatly set his sneakers by the closet. Hillary has adamantly denied the charge, saying from day one he was innocent. Despite having only circumstantial evidence, the D.A. Nick tried to leave for work, and the police blocked the door. But where was the evidence to put before a jury? How are police handling new leads in the Garrett Phillips case? Jennifer Baxtron, organizer of many demonstrations in Potsdam and across St. Lawrence County, has collected 1,650 signatures on a petition calling for an independent investigation. For more information, please see our Photo: Lauren Rosenthal, Over 50 people gathered to release balloons in memory of Garrett Phillips in 2016. The night that her son died, she had no idea what had happened. Rain credited the "Justice for Garrett" movement Brian Phillips, Garrett's uncle, sold and distributed thousands of posters bearing the slogan and raised $40,000 for a reward fund . She ignored Hillary's phone calls. As le On October 24, 2011, the neighbors of Garretts heard noises coming from next door. For an optimal experience visit our site on another browser. On Tuesday, the eve of the verdict, Interim Potsdam Police Chief Mark Murray took ABC News' Elizabeth Vargas through the crime scene: a 3-bedroom apartment where Garrett lived and where he was found on the floor that fateful October day. Because we werent gonna get justice for him.". After about a year together, Tandy moved out with her sons. People want to be heroes. Knowing where John Jones is now shows how differently he was treated by police after Phillips' murder. Director Jesse Quackenbush, a man from Albany, New York who graduated from the University of Houston Law School in 1987 and, that year, moved to Amarillo, made the documentary The Last Word which argues that Garrett was in fact innocent of the crime. (Hillary has denied visiting the apartment without Cyrus' permission. Director: Liz Garbus. He would be both judge and jury in what's called a bench trial. Gary Pasqua in his office near the St. Lawrence County courthouse. Nick Hillary 20/20 Interview After Found Not Guilty of Murder. Police went up the apartment building stairs and into the home, where they found Garrett unconscious and alone inside. There was really nothing beyond whats in the film that we were able to learn.. aired on HBO on Jul. And that's an important part of the lawsuit Hillary has since filed against many individuals involved in his case. [2] And that was the tunnel vision., And that was on what Garbus wanted to shine a larger light with this project. In March 2019, North Country Public Radio reported that Hillary had filed a lawsuit against the New York State Police, St. Lawrence prosecutors, local police, St. Lawrence County District Attorney Mary Rain, and Jones, who was a Sheriff's Deputy in St. Lawrence County. "Theoretically, the person making this jump is waiting," he said. On the same courthouse steps in Canton where Hillary walked away a free man after being cleared in Garrett Phillips death almost four years ago, a couple dozen people held a press conference Friday afternoon. They are the only reason that Nick is not in prison, she says. Nick did drive a blue car, however the footage is so blurry that you cant tell who is driving or see the license plate. In a complaint filed to the county attorney's office, Hillary claimed that Jones "trailed [him] home in his truck" in September 2010, then knocked on his door to ask him about his "romantic relationship with a certain individual." He was, they said, the only person in town with a grudge against Garrett, blaming him, the family argued, for the break-up of his relationship with Tandy. Garrett Cunningham Expand search. Tonight, ABC News' and Dateline will both. When we met Hillary before his trial, we talked about his early years growing up in a large family in Jamaica. Brian Phillips helped produce hundreds of yard signs that read "Justice for Garrett," with a picture of the boy, smiling. While Garrett was alive, his uncle said,the boy was deeply loved. "It was a true tragedy," he said. I was in complete shock, she told ABC News. Nick had to leave the station that day in a hazmat suit. ", 24/7 coverage of breaking news and live events. But despite being a free man, it seems Hillary is still struggling to clear his name in his community. She had also been in a relationship with a police officer named John Jones at the time. He talked a lot about accountability, but with guys rarely getting benched, demoted or cut, it was just talk. "But the day of the verdict, something just hit me. "Thats not gonna change.". "He was something else. Oral "Nick" Hillary still coaches soccer. Pasqua and local police have declined to comment. "He was a kid he was a 12-year-old kid. The cops checked out the alibis of the significant men in Tandy's life, including a sheriff's deputy, but they seemed to always have their sights on Hillary. But their approaches to parenting seemed very different. When expanded it provides a list of search options that will switch the search inputs to match the current selection. Hillary claims Potsdam and St. Lawrence County law enforcement violated his civil rights, in part because hes Black. Director Liz Garbus is pictured in an undated photo. His arms were at his side and his legs close together. 24. Inside the home that day, "Everything was very clean," Murray said. (Courtesy of HBO ). That there'd been a rush to judgment. Despite housing crisis, there's pushback against development, Rochester man dies in snowmobile crash on the Tug Hill, Hochul wants to tie the minimum wage to inflation. The university soccer coach had previously dated the victims mother, Tandy Cyrus, but was reported to have split with the grieving mum as he didnt get on with her children. Fourteen at the time of the murder, she was one of his two alibi witnesses. Whatever has come to light or will come in the years ahead Phillips said hes tried to focus on the good. 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Who Killed Garrett Phillips? airs July 23 and 24 on HBO. And we talked of his passion: Soccer. Bastuk said local law enforcement is too compromised and an independent prosecutor needs to take over. He was asked many questions about where he was the day of the murder. As least, thats what many may hope after the new St. Lawrence County district attorney admitted a new tip earlier this spring. Related stories:A phone call from inside the investigationSteve Downs, former chief attorney for New Yorks Commission on Judicial Conduct, said Friday that state rulings require avoiding those potential conflicts. #AD - Use this link for a 7-day free trial - http://bit.ly/23sh00652In today's video I discuss the case of Garrett Phillips as well as the documentary 'Who k. A silent picture of a kid on a skateboard moves into the frame from lower right, sails past for about 16-seconds and exits frame left. Police have estimated that Garretts murder took place around 5pm neighbors called the police to complain of hearing strange noises coming from his apartment at 5:07pm. "Ideally, it should be used as a learning experience, where all the parties go back and theyre open with each other and honest with each other," Trainum said. Nick said he was shocked and surprised to hear the allegations of bad blood between him and the young boy. The lawsuit alleged that Hillary's civil rights had been violated during his trial. The person who brutally murdered Garrett Phillips is still allowed to walk free. The first part of the documentary Who Killed Garrett Phillips? In the wake of the shocking murder of the boy -- in the very early hours of the investigation -- Tandy and her family believed that Nick Hillary was the likely killer. Oral "Nick" Hillary still coaches soccer. She attended soccer practice after school, and when she arrived home at 4:30pm, her father was there. Phillips was the 12-year-old boy who was fatally Mar 08, 2019 A St. Lawrence County prosecutor says there's a new tip in the Garrett Phillips murder case. Director Liz Garbus Writer Karen Sim Stars Oral Hillary Brian Phillips Tyler Rodrigues See production, box office & company info Watch on Prime Video That's a remarkable jump from the window.". ), Police canvassed the neighborhood, but no one had witnessed anything, Murray said. But now, St. Lawrence Countys new prosecutor, Gary Pasqua, says he's learned of another lead that points away from Hillary. Whether Phillips mother agrees remains to be seen. When they didnt hear back, they called on state Attorney General Tish James to intervene. "To keep dredging up that case and to continue to put people in the spotlight who Im sure dont want to be in the spotlight like Garrett Phillips family," Pasqua said. Garrett and his family lived on the second floor, so the police determined that the killer would have had to jump on the landing and then down to the ground. His neighbours turned against the proud father, and he was soon fired from his job back in 2011. Garbus and her crew interviewed him many times, filmed him with his kids and in his home, and included footage of his 2016 trial. But who's looking, you know, 40 yards off, 50 yards off the street on a dark, rainy night for someone jumping out a window?". (Courtesy of HBO ), There was systemic racism and police tunnel vision but when both are linked it becomes really problematic, Garbus explained. Jones essentially told the players . Dateline's been covering the case of Garrett Phillips for over a year. Its no secret how police usually do their work. ABCwrites, Almost immediately, police focused on her ex-boyfriend Hillary as the prime suspect, but it would take them several years before they arrested him for the murder., Cyrus and Hillary broke up a few monthsbefore Garrett was killed, and Cyrus believes that Hillary blamed Garrett for the breakup. ABC News writes, While Cyrus said she never saw Hillary hit a child, lose his temper with a child or threaten a child during their nearly one year together, she told 20/20 that she has no doubt that Hillary killed her son., Nick Hillary's Daughter: Race 'Definitely' a Factor in Murder Case https://t.co/mu2gutc1Qo pic.twitter.com/GcybAmJpxJ, Marko Zelic (@SnoperMZ) September 30, 2016. The two-part HBO documentary "Who Killed. Its season 6 episode 2 titled Home Alone.. with hopes to shed more light on the devastating case. "I dont know that its fair to them to keep reliving it unless something new or different happens. Tips come in. Is Nick guilty or innocent? A few other people who were interviewed in this episode also said they didnt see a limp and it could have been the recording and camera. She was raising two boys, he had three kids from a past relationship. "To date we do not know who murdered that 12 year-old boy," said WilliamBastuk, executive director of It Could Happen To You, a Rochester-based not-for-profit that fights to overturn wrongful convictions. Talking on Build, ahead of the series which dropped onto Sky Crime earlier this month, Hillary spoke about his life after the case. "Oral Hillary will face that for the rest of his life unless the true perpetrator is found and held accountable," Bastuk said. What 12-year-old kid just isnt right full of life? On Oct. 24, 2011, a dispatcher in Potsdam, N.Y., got a 911 call from a person reporting suspicious sounds in a neighboring apartment. As least, that's. Privacy Policy. "You would think, like, wouldn't someone hear somebody yelling, or see something or do anything? ", Shortly after he took office in 2018, the new St. Lawrence County D.A., Gary Pasqua, told NCPR he wanted to conduct his own review. Sky Crime launched the documentary Who Killed Garrett Phillips? They moved in just months before Garrett died, after Cyrus and Hillary broke up. By the time Liz Garbuss two-part documentary Who Killed Garrett Phillips? debuts on HBO, there could be a new public lead in the case of the murdered titular 12-year-old. This video proves nothing. Though the crime happened almost five years ago, the whodunit of it all has consumed this quiet area. The next part of the investigation was from a surveillance camera. The case does present a thicket of overlapping roles. No one else has ever been named a suspect. Two years after the slaying, Garretts mothers ex-boyfriend, Oral Nick Hillary, was arrested, tried for the murder and acquitted. "It still is. He was interviewed in the episode, but he mainly talked shit about Nick. There was very little energy around anything else in this case., Over time, as Garbus kept asking the key players in the case to relive and rehash the nitty, gritty details, she says she doesnt feel that changed. July 24, 2019. North Country Public Radio has learned that a local source reached out to state troopers last fall with a possible tip. There was another former flame of his mother Tandy Cyrus a local sheriffs deputy against whom she had previously filed a complaint saying he made her fear for the safety of myself and my sons.. In Shanna-Kays cross-examination, the prosecution brought her attention to surveillance footage that showed her walking home at 4:02pm, which would have gotten her home at 4:12pm, and therefore into the shower at 4:22 pm. Though the crime happened almost five years ago, the whodunit of it all has consumed this quiet area. They knew that Garrett and his brother lived there and had heard noises before, but never this loud. Where was he on the day of the murder? And while the killer of the 12-year-old boy could still be on the loose, Oral Nick Hillary paid the price at the time of the murder, as he was initially named as a key suspect. He argued that Garrett was the victim of overzealous prosecutors and poor defense attorneys. Garrett Phillips was a 12 year old boy who lived with his mom, Tandy and brother, Aaron, in Potsdam, New York. On the last day of his life, he went home after school and was home alone where he should have been safe, but apparently wasnt. Back at the apartment, the investigation was just beginning. Starting with talking heads with the neighbors who first called 9-1-1 after hearing a crash and ominous moaning coming from inside the Phillips apartment, Garbus takes her audience back to Phillips last moments and then expands the story to include similar interviews with police and journalists alike who investigated the crime, as well as the former district attorney who pushed for an arrest, Phillips uncle Brian, and the man who stood trial for the crime (Hillary). At the time, lead prosecutors declared the case was closed. "Sees the people down there or hears them changing the tire, and waits until the coast is clear to make the jump.". Nick is targeted. The documentary examines and chronicles the years following the 2011 murder of 12-year-old Garrett Phillips and the subsequent trial of Clarkson University soccer coach Oral "Nick" Hillary. 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