ABC 2020 tonight on 2020 the breaking verdict in a murder trial just two days ago please be seated ladies and gentlemen a single mom of hometown heartbreaker heard 12 year old son and the college soccer coach Nick Hillary who dated her and some say would do anything to keep her even commit murder why would he go and do this together police say it was rage taking out the son who stood in the way they're breaking up because of Garrett he says it was great targeted as one of the few black men in town dating a white woman interrogated forced to strip the tape you'll only see on 2020 I have crossed the line of being a black one you think it's all that race it is we are inside the crime scene The Killers leap from a second-floor window 18 feet down nobody in any of those three houses saw a man jump out a window police springing into action you are already prime suspect number one on discipline innocent but what he can't remember and I was lost that kind of a cloth we're just kind of evolved and what the prosecution won't let anyone forget this surveillance tape Garrett on a skateboard next car pulling out right after I was hunting cricket or is this the case because I'm he's not the type of person that would kill a shot he did it so arrogantly stupidly they can now finally beat rush to judgment tonight a man and maybe 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 racket river runs through it fractures 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 for local colleges bring a pinch of diversity to this predominantly white area this is the newest country but on a rainy October ternoon in 2011 the rural routine is about to be rocked by a terrible crime about the unexplained deaths of 12 year old eric 08 is 453 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 Darren 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 handy Cyrus tell me about his personality just in like he was hundred miles an hour all the time soccer lacrosse basketball hockey football Wow and all-around athlete yes and was he good at all the sports yes and this isn't just a proud mom no with the kind of good looks that stand out in a small town candy can be a heartbreaker a button down 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 you know she was an athlete result was she also beautiful she was very good-looking Nick Hillary immigrated at 16 you still here the Jamaica in his voice but he embraces his adopted country served three years in the Army and then he went to st. Lawrence College where he led the soccer team to the national championship he then had a career helping kids first as a math teacher in Florida then returning to the potsdam area becoming head coach at Clarkson University what this one 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 collapse in the grocery store and then in 2010 that should make an American soccer coach and the local beauty handy Cyrus become involved started dating the attractive couple attracting attention in this small town which is nearly ninety five percent white what was the reaction in town there was a little bit of mixed opinions I just gossip small town no I can't believe they're they're dating or that's weird it was just a very hostile environment for myself trying to have a relationship with handy the relationship lasts about a year until Tandy and her two kids move out all happening just weeks before that dreary 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 Tandy's place college students shawn hall and marissa 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 owl and then definitely a help so I knew it was one of the children right away it just sounded urgent Marissa knocked 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 topsham police on the moon is Marissa bogus I thought I heard screaming like no and helped a couple of funds minutes later an officer arrives and he sees Gareth's backpack Garrett's ripstik and then Garrett himself lying on the floor of his mother's bedroom they rushed him to the hospital and sent for his mother candy 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 sew the aging she can't even imagine what that was like for you I felt like I was watching a happen to somebody else did they let you touch him hold him I stayed there I don't even know how long my often heartbreak turns to horror when an autopsy finds run burns on Garrett's legs and suspicious marks on his face and neck the cause of death suffocation and strangulation 12 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 for 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 potsdam police told the public Damon works the cases that 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 do you notice about this window at that point the screen forced out was a big set of metal blind and the window was slightly up about a foot and a half police say the killer mated 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 gouge in the ground possibly injured did anybody see anybody come in this apartment we did several neighborhoods canvases without anyone directly witnessed in anyone coming anyone at all composure when we continue police try to imagine who would want to kill a twelve-year-old did police ask you who would want to harm your son yes what has she said and what candy says next we'll divide this tiny town and just this week push it right into the national headlines about police and race a flashpoint in America in so many cities right now and so as you see both sides of this cape developed let us know what you think as you watch at home tonight join us live on Facebook and on Twitter and Elizabeth back with more for reporting in just a moment potsdam police are now calling the death of 12 year old Garrett dilip's a homicide the killer of a twelve-year-old pop damn 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 and arrest justice for Garrett very quickly too quickly some will later say police zero in on a suspect the morning after Garrett says lead investigator lieutenant mark Murray speak with the DA's office we have some strong feelings about certain people or one person is one person particularly we want to talk to did police ask you who would want to harm your son yes but kinda it was like everybody liked Garrett and no one ever had a problem with Garrett and then since I go there was one person that had an issue with Dara just one just one who was it Nick Nick Hillary yes Pandy had ended her relationship with Nick Hillary just a month before her son was murdered personal whose idea was the break-up some I mean the idea was bought a force I mean III said she was the one hand broke up um I think it was the tools we made a decision he made a lot of attempts to get me to change my mind Pandy says she broke up with Nick because of friction over how to parent her two sons a lot of Nick's role started getting enforced as far as there was no kidding weeks of kids at all not enough how did that rule go over not very well did you ever see Nick loses temper with your children he never really disciplined my children so you never saw him strike any child or threatened any child no but candy says Garrett eventually didn't want to be a round neck 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 in Tandy 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 no that you didn't argue no we didn't know we didn't but look at some of the text messages Andy 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 candy suspicion of her ex-boyfriend is shared by the police detective auto the night after the murder lieutenant Murray hides in a crowd of soccer fan secretly shooting this video of 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 this is well you know we would like for you to assist us with the Garrett's case and there's okay no problem nick says he voluntarily goes to the police station Oh 2020 has obtained this video of potsdam detectives interviewing Nick two days after the murder prosecutors say some of his behavior is suspicious not exactly a smoking gun just smoking hailers a chain smoker and they gave them opportunity to smoke three different cigarettes you smokin cigarettes while you were in the police station yes what did you do with the best of those cigarettes some of the bus put down the sink just want them to get his DNA you sure that's what he was doing maybe just really me or sumthin le freak Elizabeth whatever you say but 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 at that point in time they barred the door they physically blocks it physically stood in the doorway and told me look you are not going anywhere all right here's you're going to be held on here's my name I was reading my Miranda rights and that's what 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 it was in an asthma suit a hazmat suit Kozma suit that's what I was released from this patient 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 and right after assistant coach Ian fairly says Nick stopped by his place how did he look to you he looked like he was always a guy I've let it close getting ready for practice normal yeah not sweaty not too shoveled no yeah I mean absolutely not was he limping no date 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 techs find one two three four fingerprints of all places right on that window through which the killer escaped but the prince do not belong to Nick Hillary whoever had their hands on that rear window police are never able to identify them we interviewed Nick Hillary earlier this year why do you think there's this depth of fervor to get you the because i think i have crossed the line of being a blackman honestly you think it's all that race it is I sincerely think it's all about worries one unsettling year passes here in the north country and then another Nick Hillary is not arrested and neither is anyone else spend 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 payback and then a Hollywood producer enters the picture how much are you willing to spend as much as it takes stay with us the signs are everywhere in pottstown New York Justin's for Garrett t-shirts to the 12 year old killed in his own home a village angry that his murder is so far untold but it's not for 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 a poss damn Police Department shows me where the boy rode his ripstick skateboard that day or two Garrett come promise 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 schools 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 is Garrett rolls toward the parking lot exit watch ten seconds later see the backup lights and as soon as Garrett passes he pulls out of the catering that Honda backed out and heads for the exit are we talking immediately like immediately as soon as year passes on that sidewalk on his skateboard or ripstik yes what did that tell you he knew what that was Garrett if that driver Gareth killer stalking the little boy just minutes away from his death the police think so but the surveillance video was grainy and they can't make out the license plate or the identity of the driver there's stymied until they get a break from an unlikely source Nick Hillary himself Hillary decides to sue the pop down police over what they did to him at the police station days after the murder that strip-searched 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 teammates the night fre and his wife Lisa Marco Chia 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 sneak that day was 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 you know carrot like you he knows what he does let me the lawsuit also requires Nick himself to submit to questioning under oath in a deposition all while still a prime suspect in the murder of a little boy his attorney say that deposition proves nick has nothing to hide and he willingly answers questions for hours why were you going to [ __ ] some ice for that day objection rather to watch the soccer game and with 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 people were you driving sir des roses stop my vehicle what vehicle is that a Honda light blue that is correct finally the driver that baby blue Honda is identified and it is Nick Hillary his own deposition could work against him we both fully believe that the civil suit actually ended up really protecting that because how and it kind of disclose this information but so today the civil suit goes to showing that she's an innocent man you know 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 Tandy by her side terrace murderer should be behind bars at this point but he's not why was that important to have Tandy 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 just 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 nickel st. Lawrence County DA Mary ring in potsdam election promises are kept 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 sec 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 percent in oven 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's 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 he also graduated from the same College as Nick how much are you willing to spend as much as it takes the killer 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 Knicks college soccer teammates lifelong friends from that championship feelin have been standing by door fillmore captain we believe that he is one hundred percent innocent we've stood together and continue to stand together our unwavering support will be there for me 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 next declarations of innocence do not dissuade the prosecutors they are coming for him so here is our most important witnesses 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 fix you 12 people in this family wishing a deposition of NASA when a conversation sure he's the killer just yet but he is a bald-faced wider stay with us before the case against Nick Hillary ever gets to a courtroom there is lawyer ring to be done in a conference room of there myself Cottage Street 2020 gains rare access as st. Lawrence County Prosecutor Mary rain maps out her case against Nick Hillary this is where it was pendant was in a parking lot right in this area drawing up battle plan consulting boxes of evidence poring over crime scene photos this is Candida bedrooms over Garrett retreated to this is the window where defendant climbed out probably jumped right on to 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 though 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 asked LeBron James to come play for you you will let them play this is a circumstantial case basically we will prove that Hillary did it and will also prove who the hell else do they die dispatch 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 to turn 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 their star witness cameras and two videos one is that deposition nick cave when he sued the potsdam believes these prosecutors are eager to turn Nick's own words against him if the deposition was the gift that keeps on giving I can I can't issue 12 people from this county looking at that deposition matching okay with that conversation sure he's a killer just yet question is involving wire security cameras show Nick Hillary arriving in the potsdam high school parking lot in his Honda at 447 p.m. he says he's there to scout a soccer game so you're looking for players to recruit I was looking for pleasure to recruit and then he parks where dries up parts approximately raped 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 toilet so over there correct he can't see the game that's exactly our point why would you park where you couldn't see the game and go 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 park 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 and the game at the time and I was you know waiting waiting and just didn't break 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's cool i don't believe in the Tooth Fairy I don't believe in you know mother Goose and I don't believe that Nick killer he was in that parking lot by coincidence he was hunting Garrett 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 final escape no I did not I absolutely have nothing to do with the death of Karen 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 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 Hillary's late could you poke your eye candy boring like this that would be fun to see what happens next 12 to 20 definitely 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 the daily podcast you're listening to day by david nixle retrial podcast and the killer is charged with second-degree murder in the 2011 the deaths of 12 year old Garrett Phillips in pasta most of the jurors for the murder trial have been selected when suddenly Nick Hillary waives his right to a jury trial including his fate solely in the hands of Judge Felix katina the attenders hate women to men they're all white and that was concerned the attorney either to do battle at the historic st. Lawrence County Courthouse in Canton new york knicks teen paid for by his wealthy benefactor sarah johnson includes high-powered new york civil rights defense attorneys norman siegel and Earl Ward vs prosecutors Mary rain and William Fitzpatrick many names that have been labeled on this defendant are the innocent man be wrongfully accused much to label them for exactly he is the murder of a helpless 12 year old boy [ __ ] Larry did not kill Gerrit Cole opening arguments seem to describe two different cases there is no fingerprint evidence no hair or fiber evidence connecting the Hillary this but there is the question of Nick's ankle remember the murderer whoever it was jumped out the second-story rear window police discovered Nick's right ankle is scraped and swollen how did you hurt it I have acquired new furnitures and in the process of moving around I hurt my ankle you never said you didn't have a sprained ankle or hurt ankle of anyone he never denied that injury no but when police interview Nick two days after Garrett was killed listen to what he says yeah could you poke your right hand like for me like this so we feeling like that that would speak bottom to be non ideal set he really 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 high school a critical issue in the trial how very near Nick was to that little boy in the minutes right before and right under the murderer there's neg parked and there goes Garrett scooting behind on a skateboard he Garrett skateboard by so I didn't because obviously surveillance tape shows that he did to go home exactly again that's a pretty extraordinary coincidence boom levels they 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 mean I could make that left or right and still go home Oh mr. Hillary you told me under oath you didn't stop anywhere on your way going home correct that is correct and your home would be in the opposite direction where you turned correct objection again like I said before I cannot recall turning left for prosecutors say he's not going home he's going to that market street apartment to murder Garrett but defense her knee Earl Wolff has an explanation for the wrong turn assistant coach Ian fairly lives in that direction the infant's you can draw from Nick making the left turn is that it is going to end fairly son still in our interview before the trial Nick gave a different explanation when I made a laugh my intentions were to get to the office and I quickly realized i need to make provision for my daughter at home prosecutors say Nick and his daughter our Orchestra his alibi that he was home with her at five o'clock and not at garretts apartment and what times you get home around five we spoke for a little bit talked about dinner arrangements what was she gonna do for dinner some kind of macaroni with some kind of tuna casserole but if they had that conversation about dinner at five o'clock prosecutors asked why next 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's Fairley's house after stopping first at his own home still puts Nick about 300 yards from the crime scene was in 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 twelve-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 fairly says Nick hillary was already at his house Nick cannot be the perpetrator because when the perpetrator still inside the apartment nick is a cute girl with not a hair of fiber or a fingerprint tying Nick Hillary to the death of Garrett Phillips lack of evidence reasonable doubt and this case is riddled and replete and right lack of evidence defense attorney Earl Ward repeats the phrase reasonable doubt 25 times beyond a reasonable doubt diesel about reason look down and he dismisses the motive you killed the poor kid with the whole the mother looking running back his mom it makes absolutely no sense he asked the judge to acquit he's not the type of person that would walk into a room put his hands around the child's neck and killed a child predator William Victor gets the last word making an impassioned plea characterless wasn't killed by some chanting to tap who hates little boys he was killed by Nick Hillary he wanted to be taught years old not be dictated to and that constant is life the verdict when we come back have you found yourself ever contemplating what is here found guilty stay with us [Music] at the majestic st. Lawrence County Courthouse it is time for justice Nick calories on trial for second-degree murder in the death of 12 year old Garrett Phillips if convicted he could get a life sentence Hillary waived his right to a jury trial allowing one man judge Felix katina to decide his fate will stand in recess to await the court's verdict a decision has been made Wednesday just this week media and families on both side packed the large courtroom to capacity the defendant oral Nicholas Hillary is found not guilty rakehell the courtroom Sunside offer praise and thanks the other bitter disappointment vindication for Nick Hillary fleet in separation but across the aisle a different kind of Tears Garrett's family mother candy brother Aaron devastated outside the courthouse immediate whirl around Nick at a press conference with lawyers from the conversation from release to race do not ignore the racial overtones of this case where this Charleston with its pulser with its Ferguson whether it's Staten Island there is serious problem especially police visa vie men of color Nick Hillary's civil lawsuit against the village of potsdam and the police is still pending I catch up with Nick an hour after the verdict in his criminal case certain that burden taken off my shoulder what would you say to candy I am extremely extremely sorry for their loss and I wish I could have been more comfort to them whoever really murdered Garrett Phillips his mother candy says the killer took everything never got to go to sixth grade graduation never cooked have his driver's license no girlfriend no marriage need to koi as the fifth anniversary of Garrett Phillips murder approaches there is a haunting reality lingering in the autumn air of the North Country someone squeezed the life out of a twelve-year-old boy here whoever that was the killer remains free a deeply controversial case so let us know what do you think about the verdict tell us on Facebook and Twitter and this program note tonight make sure to watch the one and only vice presidential debate between Tim Kaine and Mike Pence of course you can see it right here on ABC tuesday nights 9 p.m. eastern right after dancing with the stars in the meantime on baby of yours and i'm elizabeth argot thank you so much for watching for all of us here to here at 2020 and ABC News have a good night and the great weekend