His defense team opted for the case to be heard by a judge instead of a jury, which leaves the verdict entirely in Catena’s hands.
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Several witnesses were also called to the stand, including Hillary’s daughter.
Mr. Fitzpatrick said Hillary never mentioned that he was going to check in with Mr. Fairlie when he was going to or leaving the Potsdam High School parking lot on the day of Garrett’s death.
Oral “Nick” Hillary is accused of killing Tandy Cyrus’ son Garett Phillips, who was found strangled to death in his home in Potsdam, New York, on October 24, 2011.
“As I have said from day one of this trial, if this court is convinced that this defendant has lied, repeatedly, compulsively, methodically, and no reasonable person can look at this evidence and not say that Nick Hillary has lied, than there is no alternative theory as to why he lied, other than he’s the one that strangled.” he paused, “. that boy”.
“I submit to you judge, they worked very hard, to build a strong case against a strong suspect”, Mr. Ward said. Hillary and Cyrus broke up a few months before Garrett’s death.
The trial of a former college soccer coach accused of killing his ex-girlfriend’s 12-year-old son is winding down in northern NY. Garrett’s regular dismissal time from school is about 2:10 p.m.
Ward said Phillips didn’t appreciate Hillary’s parenting style, “but there was nothing between the two that could be considered hatred, nothing between the two that would lead or could lead to murder”.
Authorities say that surveillance video shows a vehicle that looks like Hillary’s leaving the high school parking lot at 4:52 p.m. – the same time Garrett left the high school.
Ten minutes later, she went to take a shower and she said her father told her “I’ll be right back” through the door.
Hillary lied about his actions and used his daughter to provide him with a fake alibi, said Fitzpatrick, who is helping St. Lawrence County District Attorney Mary Rain.
Rain campaigned on the case, though the first murder indictment she secured was dismissed by a judge.
“She (Shanna-Kay Hillary) testified when she got home about 4:30 (p.m.), her father was there, and he left …”
Fitzpatrick pointed to testimony from Shanna-Kay Hillary, who said it would be unusual for her father to turn left from Potsdam High School on his way home.
After six days of testimony and closing arguments today, Judge Felix Catena adjourned court to decide the fate of Oral “Nick” Hillary.
“Out of the mouths of babes, even Shanna-Kay says ‘turn left out of the parking lot to go home, it makes no sense, and he’s never done it with me, ‘” he said.
Following closing arguments, Ward said there is surveillance video showing a auto on Garden Street, to which Fitzpatrick may have been referring.
Fairlie testified on Tuesday that he and Hillary had talked about Hillary’s plans to scout a soccer game on October 24, 2011.
In the previous statement, Hillary said he hurt his ankle when he moved to a new home in September.
“I was in the shower about 20 minutes”, she said. Fitzpatrick said. “Four times he says ‘I never talked to him and he never said he was going to scout a soccer game …” During his January 20, 2014, deposition he said that he was not going to Mr. Fairlie’s apartment, only that he went straight home.
Ward also focused on prosecution witness Andrew Carranza, who lived at 100 Market St. and was outside changing a tire when the murder happened. Garrett’s killer is thought to have escaped through a window in the apartment.
“The defendant has convicted himself”.
Prosecutor Fitzpatrick’s summation was dramatic and emotional.
Ward said there isn’t any evidence directly connecting Hillary to the scene, so therefore the judge has a legal obligation to find him not guilty.
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He said the judge was shown no credible evidence tying Hillary to the crime scene.
