CRICKETS CHIRP TONIGHT ON 20/20 ` THE VERDICT IN A MURDER TRIAL THAT SHOOK A SMALL TOWN TO ITS CORE. GAVEL KNOCKS PLEASE BE SEATED, LADIES AND GENTLEMEN. A SINGLE MOTHER WHO'S A HOMETOWN BEAUTY, HER 12-YEAR-OLD SON AND THE UNIVERSITY 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 TO GARRETT? 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 RACE, TARGETED AS ONE OF THE FEW BLACK MEN IN TOWN, DATING A WHITE WOMAN, INTERROGATED AND FORCED TO STRIP. THE TAPE YOU'LL ONLY SEE ON 20/20. I HAVE CROSSED THE LINE OF BEING A BLACK MAN. DO YOU THINK IT'S ALL ABOUT RACE? IT IS. WE'RE INSIDE THE CRIME SCENE. THE KILLER'S LEAP FROM A SECOND-FLOOR WINDOW 6M DOWN. NOBODY IN ANY OF THOSE THREE HOUSES SAW A MAN JUMP OUT A WINDOW? POLICE SPRINGING INTO ACTION. YOU WERE ALREADY PRIME SUSPECT NUMBER ONE. 100% INNOCENT. BUT WHAT HE CAN'T REMEMBER... AND WHAT THE PROSECUTION WON'T LET ANYONE FORGET ` THIS SURVEILLANCE TAPE, GARRETT ON A SKATEBOARD, NICK HILLARY'S CAR PULLING OUT RIGHT AFTER. MAN: THAT GUY WAS HUNTING THE KID. OR IS THIS THE TAPE THAT SAYS IT ALL? (LAUGHS) 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. TONIGHT, A MAN ` AND MAYBE A TOWN ` ON TRIAL. COPYRIGHT ABLE 2016 KIA ORA, I'M CAROLYN ROBINSON. WELCOME TO 20/20. TONIGHT, THE STORY THAT THREW A SMALL AMERICAN COUNTRY TOWN INTO THE NATIONAL SPOTLIGHT. POTSDAM IN UPSTATE NEW YORK WAS HOME TO GARRETT PHILLIPS, A SPORTY, POPULAR 12-YEAR-OLD WHO WAS BRUTALLY MURDERED ON HIS WAY HOME FROM SCHOOL. BUT AS ELIZABETH VARGAS REPORTS, REAR WINDOW IS NOT JUST A MURDER MYSTERY. IT'S A SNAPSHOT OF RACE RELATIONS IN THE UNITED STATES. ST LAWRENCE COUNTY IN THE ADIRONDACKS AT THE TOP OF NEW YORK STATE. SO FAR UP, IF YOU TAKE A WRONG TURN, YOU COULD END 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. ...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 RIPSTIK 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, TANDY CYRUS. TELL ME ABOUT HIS PERSONALITY. IT JUST SEEMED LIKE HE WAS 100 MILES AN HOUR ALL THE TIME. SOCCER, LACROSSE, BASKETBALL, HOCKEY, FOOTBALL. WOW. AN ALL-ROUND ATHLETE. YES. AND WAS HE GOOD AT ALL THOSE SPORTS? YES. AND THIS ISN'T JUST A PROUD MOM TALKING? (CHUCKLES) NO. WITH THE KIND OF GOOD LOOKS THAT STAND OUT IN A SMALL TOWN, TANDY 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 DOIN', AND YOU KNOW, SHE WAS AN ATHLETE HERSELF. WAS SHE ALSO BEAUTIFUL? SHE WAS VERY GOOD LOOKING. NICK HILLARY IMMIGRATED AT 16 ` 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. 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. 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 COLOUR IN THE GROCERY STORE. AND THEN IN 2010, THE JAMAICAN-AMERICAN SOCCER COACH AND THE LOCAL BEAUTY TANDY CYRUS BECOME INVOLVED, START DATING. THE ATTRACTIVE COUPLE ATTRACTED ATTENTION IN THIS SMALL TOWN, WHICH IS NEARLY 95% WHITE. 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 TANDY. 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 ST ON HIS RIPSTIK, 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 SHAUN 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?'. IT WAS EITHER 'NO' OR 'OW' AND THEN DEFINITELY 'HELP'. SO I KNEW IT WAS ONE OF THE CHILDREN RIGHT AWAY. IT JUST SOUNDED URGENT. MARISSA 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. MINUTES LATER, AN OFFICER ARRIVES AND HE SEES GARRETT'S BACKPACK, GARRETT'S RIPSTIK, AND THEN GARRETT HIMSELF, LYING ON THE FLOOR OF HIS MOTHER'S BEDROOM. THEY RUSH HIM TO THE HOSPITAL AND SEND FOR HIS MOTHER, TANDY. 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... THE AED MACHINE. I CAN'T EVEN IMAGINE WHAT THAT WAS LIKE FOR YOU. I FELT LIKE I WAS... WATCHING IT HAPPEN, BUT SOMEBODY ELSE. DID THEY LET YOU TOUCH HIM, HOLD HIM? SOBS: 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 RUG 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. THE NEXT DAY I HAD GONE DOWN TO THE POLICE STATION, UM, AND THAT WAS WHEN I HAD FOUND OUT IT WASN'T AN ACCIDENT AND THAT SOMEBODY HAD BEEN IN MY APARTMENT. FEMALE REPORTER: POTSDAM 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. IT WAS A BIG SET OF METAL BLINDS, AND THE WINDOW WAS SLIGHTLY UP ABOUT 1.5FT. POLICE SAY THE KILLER MADE AN ACROBATIC ESCAPE FROM THE REAR WINDOW OF GARRETT'S APARTMENT. IT'S AROUND 20FT 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 NEIGHBOURHOOD CANVASES. REALLY CAME UP WITHOUT ANYONE DIRECTLY WITNESSING ANYONE COME IN` 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? WHAT TANDY SAYS NEXT SETS IN MOTION A SERIES OF EVENTS THAT WILL PUSH HER SMALL TOWN INTO THE NATIONAL DISCUSSION ABOUT POLICE AND RACE RELATIONS. RIGHT ACROSS AMERICA RIGHT NOW, THE RELATIONSHIP BETWEEN POLICE AND BLACK SUSPECTS IS SUCH A FLASHPOINT TOPIC. WHEN 20/20 RETURNS, GARRETT'S MURDER IS ABOUT TO BECOME PART OF THAT DISCUSSION. WELCOME BACK TO 20/20, WHERE TONIGHT WE'RE BRINGING YOU THE STORY OF THE HUNT FOR THE KILLER OF 12-YEAR-OLD GARRETT PHILLIPS. IT'S A CRIME THAT SHOCKED AND THEN SPLIT A SMALL US TOWN. WE CONTINUE WITH THE STORY NOW, WITH GARRETT'S MOTHER TANDY GIVING POLICE THE ONE NAME SHE CAN THINK OF AS A SUSPECT. POTSDAM 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 RIPSTIK 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'S DEATH, LEAD INVESTIGATOR LT MARK MURRAY SPEAKS WITH THE DA'S OFFICE. DID POLICE ASK YOU WHO WOULD WANNA HARM YOUR SON? YES. THEY KINDA` IT WAS LIKE... YOU KNOW, EVERYBODY LIKED GARRETT AND NO ONE HAD A PROBLEM WITH HIM, AND THEN I SAID, 'OH, THERE WAS ONE PERSON THAT HAD AN ISSUE WITH GARRETT.' JUST ONE? JUST ONE. WHO WAS IT? NICK. NICK HILLARY? YES. TANDY HAD ENDED HER RELATIONSHIP WITH NICK HILLARY JUST A MONTH BEFORE HER SON WAS MURDERED. FIRST OF ALL, WHOSE IDEA WAS THE BREAKUP? UM, I MEAN, THE IDEA WAS BOTH OF US. I MEAN, I` SHE SAYS SHE WAS THE ONE WHO BROKE UP. UM, 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. TANDY SAYS SHE BROKE UP WITH NICK BECAUSE OF FRICTION OVER HOW TO PARENT HER TWO SONS. A LOT OF NICK'S RULES STARTED GETTING ENFORCED AS FAR AS THERE WAS NO TV DURING THE WEEK WITH THE KIDS AT ALL. NONE? NONE. HOW DID THAT RULE GO OVER? NOT VERY WELL. DID YOU EVER SEE NICK LOSE HIS TEMPER WITH YOUR CHILDREN? UH, HE NEVER REALLY DISCIPLINED MY CHILDREN. SO YOU NEVER SAW HIM STRIKE ANY CHILD? NO. OR THREATEN ANY CHILD? NO. BUT TANDY 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 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. NO, WE DIDN'T. BUT LOOK AT SOME OF THE TEXT MESSAGES TANDY SENT NICK. HE BLAMED MY SON FOR OUR RELATIONSHIP ENDING. FOR LOSING YOU. AND HE DIDN'T WANT TO LOSE YOU? NO. TANDY'S SUSPICION OF HER EX-BOYFRIEND IS SHARED BY THE POLICE. GOOD KICK, EDUARDO. THE NIGHT AFTER THE MURDER, LT 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 SAYS, 'WELL, YOU KNOW, WE WOULD LIKE FOR YOU TO ASSIST US WITH THE GARRETT CASE,' AND I SAYS, 'OK, NO PROBLEM.' NICK SAYS HE VOLUNTARILY GOES TO THE POLICE STATION. OFFICER: HOW LONG HAD YOU GONE OUT WITH TANDY? 20/20 HAS OBTAINED THIS VIDEO OF POTSDAM DETECTIVES INTERVIEWING NICK TWO DAYS AFTER THE MURDER. HERE YOU GO, NICK. THANKS. APPRECIATE IT. PROSECUTORS SAY SOME OF HIS BEHAVIOUR IS SUSPICIOUS. NOT EXACTLY A SMOKING GUN ` JUST SMOKING. HILLARY'S A CHAIN-SMOKER, AND THEY GAVE HIM AN OPPORTUNITY TO SMOKE THREE DIFFERENT CIGARETTES. YOU SMOKED SOME CIGARETTES WHILE YOU WERE IN THE POLICE STATION. YES. WHAT'D 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 NEAT OR SOMETHING. CHUCKLES: MAYBE HE'S JUST A NEAT FREAK. ELIZABETH, WHATEVER YOU SAY. PRETTY OBVIOUS TO ME WHAT HE WAS DOING. NICK SAYS HE DOESN'T REALISE ANYTHING IS WRONG FOR ABOUT AN HOUR UNTIL HE TRIES TO LEAVE. CAN YOU SHOW ME OUTSIDE, PLEASE? DO YOU`? SIT DOWN. 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.' ALL RIGHT, YOU'RE GONNA BE HELD HERE FOR A MINUTE ANYWAYS. I WAS READ MY MIRANDA RIGHTS, AND THAT'S WHEN I KNEW. NICK SAYS POLICE HELD HIM AGAINST HIS WILL ALL DAY LONG. ARMED WITH A SEARCH WARRANT WITH 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 WAS LEFT THERE WITH WAS IN AN HAZMAT SUIT. A HAZMAT SUIT? A HAZMAT SUIT. THAT'S WHAT I WAS RELEASED FROM THE STATION IN. 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 FAIRLIE SAYS NICK STOPPED BY HIS PLACE. HOW DID HE LOOK TO YOU? HE LOOKED LIKE HE WAS` ALWAYS DID. ATHLETIC CLOTHES, GETTING READY FOR PRACTICE. NORMAL? YEAH. NOT SWEATY, NOT DISHEVELLED? NO. I MEAN, ABSOLUTELY NOT. WAS HE LIMPING? NOPE. STATE AND LOCAL POLICE SCOUR THE CRIMESCENE FOR THREE DAYS. WE DIDN'T GET ANY EVIDENCE, ANY ITEMS THAT WERE TESTED BY THE FORENSIC CENTRE IN ALBANY. NO HAIRS? NO FIBRES? 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, CRIMESCENE TECHS 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. WE INTERVIEWED NICK HILLARY EARLIER THIS YEAR. WHY DO YOU THINK THERE'S 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, AND 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. SO NICK HILLARY HAS QUICKLY BECOME THE ONLY SUSPECT IN THE KILLING. BUT WITH NO PHYSICAL EVIDENCE, HAVE THE POTSDAM POLICE CROSSED THE LINE BY STRIPPING HIM NAKED AND SEARCHING HIM? AND IS HE RIGHT IN SAYING IT'S ALL ABOUT RACE? THE ANSWERS AND MORE QUESTIONS WHEN WE RETURN. WELCOME BACK TO 20/20 AND THE STORY ON THE HUNT FOR THE KILLER OF YOUNG GARRETT PHILLIPS. SO FAR THE ONLY SUSPECT POLICE HAVE COME UP WITH IN THE BRUTAL SLAYING OF THE 12-YEAR-OLD IS HIS MOTHER'S EX-BOYFRIEND. DOUBTS ARE ALREADY EMERGING ABOUT THE POLICE CASE, BUT SECURITY VIDEO IS SET TO CHANGE THAT. 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 RIPSTIK 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. RIGHT, SO THE MIDDLE SCHOOL'S UP THERE, STRAIGHT AHEAD. YES. AND GARRETT COMES ON HIS RIPSTIK, 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 BACK-UP 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 RIPSTIK? YES. WHAT DOES THAT TELL YOU? HE KNEW THAT WAS GARRETT. IS THAT DRIVER GARRETT'S KILLER STALKING THE LITTLE BOY JUST MINUTES AWAY FROM HIS DEATH? THE POLICE THINK SO, BUT THE SURVEILLANCE VIDEO IS 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, MANI TAFARI, AND HIS WIFE LISA MARCOCCIA. BOTH ARE ATTORNEYS IN NEW YORK CITY. THERE WAS NO PROBABLY CAUSE TO HOLD MR HILLARY, AND THERE WAS NO ARREST WARRANT. WHAT THEY DID TO NICK 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. 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 ATTORNEYS SAY THAT DEPOSITION PROVES NICK HAS NOTHING TO HIDE AND HE WILLINGLY ANSWERS QUESTIONS FOR HOURS. 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. FINALLY THE DRIVER OF 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 NICK BECAUSE` HOW? NICK HAD TO DISCLOSE THIS INFORMATION, BUT SO DID THEY. THE CIVIL SUIT GOES TO SHOWING THAT HE'S AN INNOCENT MAN. YOU KNOW, NO GUILTY PERSON WOULD'VE 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. GARRETT'S 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 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 ANY TIME SOON. I CAN ALMOST GUARANTEE YOU THAT IF I HAD NOT BEEN ELECTED, IT WOULD'VE 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 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 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. 100% INNOCENT. WAS THERE ANY PART OF YOU THAT SAID, 'OK, 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. CHEERING, APPLAUSE 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. NICK HILLARY'S LUCKY TO HAVE YOU AS A FRIEND. HE'S A GOOD PERSON. APPLAUSE 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, YEAH, GOOD ONE, GOOD ONE. WE BELIEVE THAT HE IS 100% INNOCENT. WE'VE STOOD TOGETHER AND WE CONTINUE TO STAND TOGETHER. OUR UNWAVERING SUPPORT. WE'LL 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 WITNESSES, 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 SEEING IT. WE'RE NOT 100% SURE HE'S THE KILLER JUST YET, BUT HE IS A BALD-FACED LIAR. BEFORE THE CASE AGAINST NICK HILLARY EVER GETS TO A COURTROOM, THERE IS LAWYERING TO BE DONE IN A CONFERENCE ROOM. POTSDAM HIGH SCHOOL. YOU'VE GOT, UH, COTTON ST. 20/20 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 TANDY'S BEDROOM; THIS IS WHERE GARRETT RETREATED TO. THIS IS THE WINDOW WHERE THE 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? 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'VE 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. THEIR STAR WITNESS ` 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, THOUGH, IS THE GIFT THAT KEEPS ON GIVING. I CANNOT` I CAN'T PICTURE 12 PEOPLE FROM THIS COUNTY LOOKING AT THAT DEPOSITION AND NOT SAYING, 'OK, WE'RE NOT 100% SURE HE'S THE KILLER JUST YET, 'BUT HE IS A BALD-FACED LIAR.' SECURITY CAMERAS SHOW NICK HILLARY 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 WERE LOOKING FOR PLAYERS TO RECRUIT? I WAS LOOKING FOR PLAYERS TO RECRUIT. AND THEN HE PARKS WHERE? HE DRIVES UP AND PARKS APPROXIMATELY RIGHT` 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. UM, HE CAN'T SEE THE GAME. THAT'S EXACTLY OUR POINT. WHY WOULD YOU PARK WHERE YOU COULDN'T SEE THE GAME, THEN MOVE TO A SPOT WHERE YOU CAN'T` IT'S EVEN WORSE, FROM BEHIND A SCHOOL BUS TO BEHIND A 40-FT 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 HALFTIME IN THE GAME AT THE TIME, AND I WAS, YOU KNOW, WAITING, WAITING, AND IT JUST DIDN'T BREAK. AND I DECIDE, 'OK, 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` I DON'T` I DON'T BELIEVE IN THE 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. 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 AND TRY TO ESCAPE? (CHUCKLES) 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. 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 LEG. WHEN WE RETURN, WE'LL FIND OUT WHY POLICE WERE SO KEEN ON SEEING NICK HILLARY'S RIGHT LEG. AND THEN THE TRIAL BEGINS, BUT WILL JUSTICE BE DONE? AND CAN AN IMPARTIAL JURY BE FOUND IN SUCH A SMALL TOWN? WE'RE BACK RIGHT AFTER THIS BREAK. WELCOME BACK. NOW 20/20 CONTINUES WITH THE HUNT FOR THE KILLER OF 12-YEAR-OLD GARRETT PHILLIPS. THE POLICE AND PROSECUTORS THINK THEY HAVE THEIR MAN, AN EX-BOYFRIEND OF GARRETT'S MOTHER. BUT EVEN BEFORE THE TRIAL BEGINS, THERE'S A STUNNING DEVELOPMENT. ELIZABETH VARGAS TAKES UP THE STORY. 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 DAY: THE NICK HILLARY TRIAL PODCAST. NICK HILLARY IS CHARGED WITH SECOND DEGREE MURDER IN THE 2011 DEATH OF 12-YEAR-OLD GARRETT PHILLIPS IN POTSDAM. 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 GATHER 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 NEW YORK CIVIL RIGHTS DEFENCE ATTORNEYS NORMAN SIEGEL AND EARL WARD VERSUS PROSECUTORS MARY RAIN AND WILLIAM FITZPATRICK. THE MANY NAMES THAT HAVE BEEN LABELLED 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 FIBRE 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 HURT ANKLE OR SPRAINED 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. COULD YOU PULL UP YOUR RIGHT PANT LEG FOR ME, LIKE THIS, AND SHOW ME YOUR LEG LIKE THAT? THAT WOULD SPEAK VOLUMES FOR ME, AND THEN I FEEL LIKE IT CAN BE DONE FOR ME. NO, I WON'T. WHY NOT? DO 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, UH, 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 HIS 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, OBVIOUSLY GIVEN WHAT HAPPENED. VERY MUCH SO. 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 THAT NICK TURNED LEFT OUT OF THE PARKING LOT. < WHERE WERE YOU GOING? I MEAN, I COULD MAKE A LEFT OR RIGHT AND STILL GO HOME. < WELL, 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 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 ST APARTMENT TO MURDER GARRETT. BUT DEFENCE ATTORNEY EARL WARD HAS AN INNOCENT EXPLANATION FOR THE WRONG TURN. ASSISTANT COACH IAN FAIRLIE LIVES IN THAT DIRECTION. THE INFERENCE YOU CAN DRAW FROM NICK MAKING A LEFT TURN IS THAT HE WAS GOING TO IAN FAIRLIE'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. THEN I QUICKLY REALISE 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 5 O'CLOCK AND NOT AT GARRETT'S APARTMENT. AND WHAT TIME DID YOU GET HOME? AROUND 5. WE SPOKE FOR A LITTLE BIT, TALKED ABOUT DINNER ARRANGEMENTS. WHAT WAS SHE GONNA DO FOR DINNER? SOME KIND OF, UH, MACARONI WITH SOME KIND OF TUNA CASSEROLE. BUT IF THEY HAD THAT CONVERSATION ABOUT DINNER AT 5 O'CLOCK, PROSECUTORS ASK WHY NICK'S DAUGHTER SENT HIM THIS TEXT AN HOUR AND A HALF LATER, ASKING ` PROSECUTORS ALSO POINT OUT HIS SECOND ALIBI, THAT HE WAS AT IAN FAIRLIE'S HOUSE AFTER STOPPING FIRST AT HIS OWN HOME, STILL PUTS NICK ABOUT 300YD FROM THE CRIME SCENE, WITHIN MINUTES OF THE MURDER. NICK'S DEFENCE 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 THE FIRST POLICEMAN ON THE SCENE SAID HE HEARD NOISES COMING FROM INSIDE GARRETT'S APARTMENT AFTER IAN FAIRLIE SAYS NICK HILLARY WAS ALREADY AT HIS HOUSE. NICK CANNOT BE THE PERPETRATOR, BECAUSE WHEN THE PERPETRATOR'S STILL INSIDE THE APARTMENT, NICK IS AT IAN FAIRLIE'S HOUSE. WITH NOT A HAIR OF FIBRE 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. DEFENCE ATTORNEY EARL WARD REPEATS THE PHRASE 'REASONABLE DOUBT' 25 TIMES. PROOF BEYOND REASONABLE DOUBT. REASONABLE DOUBT. REASONABLE DOUBT. AND HE DISMISSED THE MOTIVE. YOU KILLED THE POOR KID WITH THE HOPE THAT THE MOTHER WOULD COME RUNNING BACK INTO YOUR ARMS? IT MAKES ABSOLUTELY NO SENSE. HE ASKS THE JUDGE TO ACQUIT. 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. NOT BE DICTATED TO. AND THAT COST HIM HIS LIFE. MAN: ALL RISE. THE VERDICT WHEN WE COME BACK. HAVE YOU FOUND YOURSELF EVER CONTEMPLATING WHAT IF YOU'RE FOUND GUILTY? STAY WITH US. YOU WON'T WANT TO MISS WHAT HAPPENS NEXT. THE DEFENCE AND PROSECUTION HAVE PUT THEIR CASES FOR AND AGAINST NICK HILLARY, SO NOW IT'S ALL UP TO THE JUDGE AS THE WHOLE TOWN HOLDS ITS BREATH. WELCOME BACK TO 20/20 AND THE TRIAL OF NICK HILLARY, THE MAN ACCUSED OF KILLING GARRETT PHILLIPS, THE 12-YEAR-OLD SON OF HIS EX-GIRLFRIEND. NOW AFTER A POLICE INVESTIGATION LASTING MORE THAN FOUR YEARS, AND A TRIAL LASTING TWO WEEKS, THE JUDGE IS READY TO DELIVER HIS VERDICT. AT THE MAJESTIC ST LAWRENCE COUNTY COURTHOUSE, IT IS TIME FOR JUSTICE. NICK HILLARY, 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 CATINA, TO DECIDE HIS FATE. WE'LL STAND A RECESS TO AWAIT THE COURT'S VERDICT. A DECISION HAS BEEN MADE. MEDIA AND FAMILIES ON BOTH SIDES PACK THE LARGE COURTROOM TO CAPACITY. THE DEFENDANT, ORAL NICHOLAS HILLARY, IS FOUND NOT GUILTY. APPLAUSE WOMAN: THANK YOU, JESUS! SHOUTS BREAK OUT IN THE COURTROOM, ONE SIDE OFFERING PRAISE AND THANKS; THE OTHER BITTER DISAPPOINTMENT. IT'S VINDICATION FOR NICK HILLARY. HE WEEPS IN CELEBRATION. BUT ACROSS THE AISLE, A DIFFERENT KIND OF TEARS. GARRETT'S FAMILY, MOTHER TANDY, BROTHER AARON DEVASTATED. OUTSIDE THE COURTHOUSE, THE MEDIA SWIRL AROUND NICK. AT A PRESS CONFERENCE, HIS LAWYERS TURN THE CONVERSATION FROM RELIEF TO RACE. DO NOT IGNORE THE RACIAL OVERTONES OF THIS CASE. WHETHER IT'S CHARLESTON, WHETHER IT'S TULSA, WHETHER IT'S FERGUSON, WHETHER IT'S STATEN ISLAND, THERE'S A SERIOUS PROBLEM, ESPECIALLY POLICE VIS-A-VIS MEN OF COLOUR. 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. IT'S CERTAINLY A BURDEN THAT HAS BEEN TAKEN OFF MY SHOULDERS. WHAT WOULD YOU SAY TO TANDY? 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 TANDY SAYS THE KILLER TOOK EVERYTHING. SOBS: HE NEVER GOT TO GO TO SIXTH GRADE GRADUATION. NEVER GOT TO HAVE HIS DRIVER'S LICENCE. NO GIRLFRIEND. NO MARRIAGE. HE TOOK HIS WHOLE LIFE. 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 12-YEAR-OLD BOY HERE. WHOEVER THAT WAS, THE KILLER REMAINS FREE. SO NICK HILLARY IS NOW A FREE MAN, AND UNDER NEW YORK LAW, HE CANNOT BE RETRIED. PROSECUTORS HAVE ALSO SAID THEY WILL NOT REOPEN THE INVESTIGATION. AS FOR THE TOWN OF POTSDAM, ONLY TIME WILL TELL IF THE WOUNDS THIS CASE OPENED ARE EVER HEALED. THAT'S OUR SHOW FOR TONIGHT. THANK YOU FOR JOINING US. KIA ORA. NGA MIHI.