1 00:00:12,679 --> 00:00:17,049 - I'm kate snow, and this is "dateline: Secrets uncovered". 2 00:00:18,619 --> 00:00:22,821 - I have pictures in my head that will never go away. 3 00:00:23,957 --> 00:00:25,724 I'm never gonna have my son back, 4 00:00:25,726 --> 00:00:27,760 I don't get to go to his high school graduation, 5 00:00:27,762 --> 00:00:30,028 Or see him go to college. 6 00:00:30,030 --> 00:00:31,830 I had no idea what had happened. 7 00:00:31,832 --> 00:00:34,766 - A small town, a seismic crime. 8 00:00:34,768 --> 00:00:36,035 - It was like a meteor hitting. 9 00:00:36,037 --> 00:00:37,702 - Potsdam rescue, I need an ambulance... 10 00:00:37,704 --> 00:00:38,570 - A twelve-year-old kid, 11 00:00:38,572 --> 00:00:40,972 Loved to ride his scooter everywhere, 12 00:00:40,974 --> 00:00:43,108 Lost his life at the hands of a killer. 13 00:00:43,110 --> 00:00:45,844 - I, honestly, was in shock. 14 00:00:45,846 --> 00:00:48,447 - Police were swift to nab a suspect: 15 00:00:48,449 --> 00:00:52,317 The local hero, a soccer coach, her ex. 16 00:00:52,319 --> 00:00:53,718 - Fingers were being pointed. 17 00:00:53,720 --> 00:00:56,288 They are all lined up against me. 18 00:00:56,290 --> 00:00:58,123 - Why was he under scrutiny? 19 00:00:58,125 --> 00:01:00,292 - There's absolutely nothing connecting him to this case. 20 00:01:00,294 --> 00:01:01,460 - They don't have the fingerprint, 21 00:01:01,462 --> 00:01:04,329 They don't have blood, they don't have the witness, 22 00:01:04,331 --> 00:01:08,033 They think he's being railroaded. 23 00:01:08,035 --> 00:01:09,801 - Then came the videotape. 24 00:01:09,803 --> 00:01:11,736 - You're watching the last moments of his life. 25 00:01:11,738 --> 00:01:12,471 - Gives me chills. 26 00:01:12,473 --> 00:01:13,805 When you see who else is there. 27 00:01:13,807 --> 00:01:15,373 - I'm gonna prove that he did this. 28 00:01:15,375 --> 00:01:16,975 - A hunt for justice? 29 00:01:16,977 --> 00:01:19,545 Or the hounding of an innocent man? 30 00:01:19,547 --> 00:01:21,246 - You believe nick hillary killed your boy? 31 00:01:21,248 --> 00:01:22,214 - Yes. 32 00:01:22,216 --> 00:01:23,915 - There's a darkness that's at work here. 33 00:01:23,917 --> 00:01:26,151 - People call me a murderer. 34 00:01:26,153 --> 00:01:27,919 I'm 100% innocent. 35 00:01:27,921 --> 00:01:31,256 - A champion and coach, a chilling crime. 36 00:01:31,258 --> 00:01:32,858 What would the verdict be? 37 00:01:32,860 --> 00:01:35,160 - You could have heard a pin drop in that courtroom. 38 00:01:35,162 --> 00:01:44,369 ♪♪ 39 00:01:44,371 --> 00:01:47,573 - Hello, and welcome to "dateline: Secrets uncovered". 40 00:01:47,575 --> 00:01:51,676 Tandy cyrus was a single mom raising two energetic boys 41 00:01:51,678 --> 00:01:53,278 In a quiet town. 42 00:01:53,280 --> 00:01:57,449 Then one day, her oldest son, garrett, was murdered. 43 00:01:57,451 --> 00:01:59,985 Tandy was convinced the killer was someone 44 00:01:59,987 --> 00:02:03,455 She'd welcomed into their lives, then pushed away. 45 00:02:03,457 --> 00:02:07,125 The investigation would spark a firestorm of controversy 46 00:02:07,127 --> 00:02:09,327 And make headlines nationwide. 47 00:02:09,329 --> 00:02:12,264 But would it lead to justice for garrett? 48 00:02:12,266 --> 00:02:16,001 Here's dennis murphy with "the accused". 49 00:02:16,003 --> 00:02:21,607 ♪♪ 50 00:02:21,609 --> 00:02:25,844 - Potsdam, way upstate new york, a small speck on the map 51 00:02:25,846 --> 00:02:29,080 On the road to the canadian border. 52 00:02:29,082 --> 00:02:30,149 - They like to joke up there 53 00:02:30,151 --> 00:02:31,616 That there's more cows than people, 54 00:02:31,618 --> 00:02:34,386 And I don't think they're joking. 55 00:02:34,388 --> 00:02:37,956 - In the sleepy place with a main street from the 1950's, 56 00:02:37,958 --> 00:02:40,425 You'd think nothing happens that could possibly interest 57 00:02:40,427 --> 00:02:42,627 The outside world. 58 00:02:42,629 --> 00:02:45,697 But an epic story has unfolded here, 59 00:02:45,699 --> 00:02:47,332 A murder case for sure. 60 00:02:47,334 --> 00:02:49,067 But so much more than that. 61 00:02:49,069 --> 00:02:51,370 - It's a little bit "fargo". - It is a little bit "fargo". 62 00:02:51,372 --> 00:02:54,039 - Jesse mckinley, a reporter for the "new york times", 63 00:02:54,041 --> 00:02:55,207 Was drawn to it. 64 00:02:55,209 --> 00:02:58,177 - It's got a small town, it's got love triangles, 65 00:02:58,179 --> 00:02:59,978 It's got faded love. 66 00:02:59,980 --> 00:03:04,716 And those elements, for a writer, are irresistible. 67 00:03:04,718 --> 00:03:07,752 - The woman in the middle of it all, tandy cyrus. 68 00:03:07,754 --> 00:03:12,124 - Very pretty woman in a town where pretty women stand out. 69 00:03:14,194 --> 00:03:16,995 - One of her lovers stood out too, nick hillary, 70 00:03:16,997 --> 00:03:20,065 As a black man in a predominantly white town. 71 00:03:20,067 --> 00:03:23,101 - Still have people who will not accept 72 00:03:23,103 --> 00:03:24,869 Interracial relationship. 73 00:03:24,871 --> 00:03:27,806 - What happened between tandy and nick would tip the balance 74 00:03:27,808 --> 00:03:29,541 In a political campaign, 75 00:03:29,543 --> 00:03:31,943 Give rise to a controversial lawsuit, 76 00:03:31,945 --> 00:03:34,846 And lure high profile, big city attorneys, 77 00:03:34,848 --> 00:03:36,815 To confront each other in a murder trial 78 00:03:36,817 --> 00:03:39,017 That attracted national attention. 79 00:03:39,019 --> 00:03:41,786 - This has become a story that kind of echoes 80 00:03:41,788 --> 00:03:44,823 Beyond st. Lawrence county, and even beyond new york. 81 00:03:44,825 --> 00:03:48,093 - Except when you drill down, it's as local as it gets. 82 00:03:48,095 --> 00:03:51,296 All about a small town boy, this one, 83 00:03:51,298 --> 00:03:56,168 Twelve-year-old garrett phillips, tandy's son. 84 00:03:59,640 --> 00:04:01,406 Garrett was a blur of a kid, 85 00:04:01,408 --> 00:04:04,843 Perpetually set on fast forward, according to his mom. 86 00:04:04,845 --> 00:04:07,846 - He was very energetic, uh, always on the go, 87 00:04:07,848 --> 00:04:10,983 Always had to have something to do. 88 00:04:12,519 --> 00:04:14,719 - People here remember him tearing around town 89 00:04:14,721 --> 00:04:17,155 On his ripstik, a little bit skateboard, 90 00:04:17,157 --> 00:04:21,026 A little bit snowboard, all hip action and balance. 91 00:04:21,028 --> 00:04:21,860 There goes garrett 92 00:04:21,862 --> 00:04:25,263 Sidewalk surfing his way home in 2011. 93 00:04:25,265 --> 00:04:26,798 - Did you think, "wow, my kid is really 94 00:04:26,800 --> 00:04:28,800 "an awesome little athlete"? - Yes. 95 00:04:28,802 --> 00:04:32,871 Soccer, lacrosse, football, hockey, 96 00:04:32,873 --> 00:04:36,541 He was very good at everything. 97 00:04:36,543 --> 00:04:38,109 - His bedroom wall, 98 00:04:38,111 --> 00:04:40,478 A poster shrine to his sports heroes, 99 00:04:40,480 --> 00:04:43,415 Including quarterback tom brady. 100 00:04:43,417 --> 00:04:46,785 - He was never really inside, wasn't much for video games. 101 00:04:46,787 --> 00:04:48,420 - So it's gotta be pitch black before he's ready 102 00:04:48,422 --> 00:04:52,057 To come in for the night, huh? - It does, yes. 103 00:04:54,394 --> 00:04:55,994 - But when he was still a toddler, 104 00:04:55,996 --> 00:04:58,630 Garrett was dealt a devastating blow: 105 00:04:58,632 --> 00:05:01,500 The death of his father robbie. 106 00:05:01,502 --> 00:05:03,168 Garrett was nine months old when his dad had 107 00:05:03,170 --> 00:05:05,470 A brain aneurysm that ruptured. 108 00:05:05,472 --> 00:05:09,107 Um, and then he was two when-when robbie passed away. 109 00:05:11,978 --> 00:05:15,747 Tandy, a single mom, picked up the pieces as best she could. 110 00:05:15,749 --> 00:05:17,649 She studied at the police academy, 111 00:05:17,651 --> 00:05:19,784 But eventually gave up law enforcement 112 00:05:19,786 --> 00:05:21,486 For a job in a credit union, 113 00:05:21,488 --> 00:05:23,655 Where she became a loan officer. 114 00:05:23,657 --> 00:05:25,490 She also had a brief marriage, 115 00:05:25,492 --> 00:05:28,526 Which gave garrett a kid brother, aaron. 116 00:05:28,528 --> 00:05:29,728 - Did garrett, like, mess with him? 117 00:05:29,730 --> 00:05:31,363 - All the time. 118 00:05:31,365 --> 00:05:32,664 - He liked to play jokes a little bit, didn't he? 119 00:05:32,666 --> 00:05:33,765 - Yeah. 120 00:05:33,767 --> 00:05:37,235 April fools was his, uh, favorite day of the year. 121 00:05:37,237 --> 00:05:39,271 - Then tandy moved in with a sheriff's deputy 122 00:05:39,273 --> 00:05:42,073 Named john jones, but it didn't last. 123 00:05:42,075 --> 00:05:44,275 - How did the breakup go? - Not well. 124 00:05:44,277 --> 00:05:47,879 At one point she said that john shoved her, um, 125 00:05:47,881 --> 00:05:49,080 During an argument, 126 00:05:49,082 --> 00:05:54,419 And that that was the last straw in that relationship. 127 00:05:54,421 --> 00:05:57,922 - So in 2010, tandy was alone again, 128 00:05:57,924 --> 00:06:00,692 Making ends meet by moonlighting as a bartender 129 00:06:00,694 --> 00:06:03,361 In a joint on potsdam's main drag. 130 00:06:03,363 --> 00:06:04,896 That's when nick hillary walked in 131 00:06:04,898 --> 00:06:06,598 And pulled up a stool. 132 00:06:06,600 --> 00:06:08,366 - So he's just a customer who comes in? 133 00:06:08,368 --> 00:06:09,434 - Yes. 134 00:06:09,436 --> 00:06:12,704 He came in on evenings after he was done work 135 00:06:12,706 --> 00:06:15,540 And coaching. 136 00:06:15,542 --> 00:06:17,309 - They came from different worlds. 137 00:06:17,311 --> 00:06:19,711 She was local to the frozen north, 138 00:06:19,713 --> 00:06:21,646 He was from lush jamaica. 139 00:06:21,648 --> 00:06:23,849 - What's a happy memory from jamaica for you, nick? 140 00:06:23,851 --> 00:06:25,584 - Going to the rivers. 141 00:06:25,586 --> 00:06:29,988 Just swimming all day, um, coming back home, 142 00:06:29,990 --> 00:06:31,856 Mom has a great home-cooked meal 143 00:06:31,858 --> 00:06:32,791 Waiting for you. 144 00:06:32,793 --> 00:06:37,596 I mean, you-- that's a fantastic day. 145 00:06:38,999 --> 00:06:40,865 - He moved to brooklyn as a teenager 146 00:06:40,867 --> 00:06:42,867 And found his niche as a soccer star, 147 00:06:42,869 --> 00:06:45,537 Earning a scholarship to nyu. 148 00:06:45,539 --> 00:06:47,873 But the kid from jamaica was still searching, 149 00:06:47,875 --> 00:06:49,974 So he ditched school for the army, 150 00:06:49,976 --> 00:06:52,677 Just as the first gulf war was winding down. 151 00:06:52,679 --> 00:06:55,614 - I said, "let me serve a greater purpose for a while." 152 00:06:55,616 --> 00:06:57,949 - Three years in the army, all stateside, 153 00:06:57,951 --> 00:06:59,484 Forced nick to grow up, 154 00:06:59,486 --> 00:07:01,820 And now he was ready for college. 155 00:07:01,822 --> 00:07:04,556 Soccer was his ticket to st. Lawrence university 156 00:07:04,558 --> 00:07:06,224 Near the canadian border. 157 00:07:06,226 --> 00:07:07,158 Here's a jamaican guy 158 00:07:07,160 --> 00:07:08,427 Who used to swim all day in the rivers, 159 00:07:08,429 --> 00:07:09,861 And you're gonna be in fields of snow 160 00:07:09,863 --> 00:07:12,697 For six months a year. - Exactly, exactly. 161 00:07:12,699 --> 00:07:13,998 You know, but in the summertime, 162 00:07:14,000 --> 00:07:16,434 It brings me back right back to jamaica again. 163 00:07:16,436 --> 00:07:19,104 - Weirdly, had you found something in upstate new york 164 00:07:19,106 --> 00:07:21,306 That worked out very well for you? 165 00:07:21,308 --> 00:07:24,176 A good fit? - Yeah, it-it sure was. 166 00:07:24,178 --> 00:07:26,445 - He felt most comfortable on the soccer field, 167 00:07:26,447 --> 00:07:29,981 Where his respectful teammates gave him a nickname. 168 00:07:29,983 --> 00:07:33,251 - Nick was the general he was a leader, the general. 169 00:07:33,253 --> 00:07:36,020 - So that was a tip of the hat both to his career as a vet-- 170 00:07:36,022 --> 00:07:36,955 - Yeah, absolutely. 171 00:07:36,957 --> 00:07:37,922 - --But also his traits as a person. 172 00:07:37,924 --> 00:07:39,257 - Yeah, his leadership traits for sure. 173 00:07:39,259 --> 00:07:41,526 I mean, they fit him to a t. 174 00:07:41,528 --> 00:07:43,862 - In 1999, nick led st. Lawrence 175 00:07:43,864 --> 00:07:47,399 To an undefeated season and a national championship, 176 00:07:47,401 --> 00:07:51,236 Cementing bonds of friendship that remain tight today. 177 00:07:51,238 --> 00:07:53,505 - Just a great person on and off the field, 178 00:07:53,507 --> 00:07:54,706 A great role model. 179 00:07:54,708 --> 00:07:56,474 - Yeah, he was our brother. He was our big brother. 180 00:07:56,476 --> 00:07:58,176 - He was the glue that kept us all together. 181 00:07:58,178 --> 00:07:59,477 He brought us together, 182 00:07:59,479 --> 00:08:01,880 He-he arranged dinners at his house, 183 00:08:01,882 --> 00:08:02,947 He cooked for the whole team. 184 00:08:02,949 --> 00:08:03,815 - Is that that rasta pasta nights? 185 00:08:03,817 --> 00:08:06,150 - The rasta pasta, absolutely. 186 00:08:06,152 --> 00:08:08,319 I mean, it was-it was a staple of who we were 187 00:08:08,321 --> 00:08:10,021 As a-as a group. 188 00:08:10,023 --> 00:08:12,357 - After the championship season and graduation, 189 00:08:12,359 --> 00:08:13,892 Nick kept leading. 190 00:08:13,894 --> 00:08:17,896 He became a coach, and in 2009 landed a plum job: 191 00:08:17,898 --> 00:08:19,964 Head soccer coach at clarkson, 192 00:08:19,966 --> 00:08:22,767 Just minutes from his alma mater. 193 00:08:22,769 --> 00:08:23,968 Life was good. 194 00:08:23,970 --> 00:08:26,738 It got even better when nick, a father of three 195 00:08:26,740 --> 00:08:28,706 Who'd drifted from his kids' mother, 196 00:08:28,708 --> 00:08:30,775 Met tandy at that bar. 197 00:08:30,777 --> 00:08:32,176 Him, drinking guinness 198 00:08:32,178 --> 00:08:34,779 And diagramming plays on a cocktail napkin. 199 00:08:34,781 --> 00:08:36,748 - What do you think the attraction was, tandy? 200 00:08:36,750 --> 00:08:38,716 - Conversation was just, it was easy. 201 00:08:38,718 --> 00:08:40,785 - The one thing that I liked about tandy, 202 00:08:40,787 --> 00:08:45,423 She had goals and ambition. 203 00:08:45,425 --> 00:08:47,425 - Things between the two heated up quickly, 204 00:08:47,427 --> 00:08:49,561 As these emails attest. 205 00:08:49,563 --> 00:08:51,229 - From nick.. 206 00:08:53,433 --> 00:08:57,602 From tandy... 207 00:08:57,604 --> 00:08:59,437 I love you. 208 00:08:59,439 --> 00:09:02,274 They were sharing a house, blending families, 209 00:09:02,276 --> 00:09:04,909 And going on vacations as a couple; 210 00:09:04,911 --> 00:09:07,612 Nick took her to jamaica. 211 00:09:07,614 --> 00:09:09,581 But as they say in the islands, 212 00:09:09,583 --> 00:09:11,215 It wasn't a cool breeze 213 00:09:11,217 --> 00:09:13,485 Being an interracial couple in potsdam, 214 00:09:13,487 --> 00:09:15,853 Which is over ninety percent white. 215 00:09:15,855 --> 00:09:18,289 Andy said it was particularly hard on garrett, 216 00:09:18,291 --> 00:09:19,424 Tandy's boy. 217 00:09:19,426 --> 00:09:24,429 - Garrett was being teased at school 218 00:09:24,431 --> 00:09:27,732 Because his mom is dating a black man. 219 00:09:27,734 --> 00:09:29,968 - So he's getting schoolyard aggravation, huh? 220 00:09:29,970 --> 00:09:31,035 - Exactly. 221 00:09:31,037 --> 00:09:33,104 - But whatever tensions garrett was feeling, 222 00:09:33,106 --> 00:09:35,507 It didn't keep him from his sports. 223 00:09:35,509 --> 00:09:37,909 They were always a welcome distraction, 224 00:09:37,911 --> 00:09:42,313 Even on the fateful afternoon of October 24, 2011. 225 00:09:42,315 --> 00:09:44,916 - He was playing basketball with his friends in the gym, 226 00:09:44,918 --> 00:09:47,352 But I got upset with him because he knew the rule was 227 00:09:47,354 --> 00:09:49,320 He had to go home and do his homework first. 228 00:09:49,322 --> 00:09:51,189 - Do your homework and then go play with your pals. 229 00:09:51,191 --> 00:09:53,725 - Right. So I made him go home. 230 00:09:53,727 --> 00:09:55,727 - Garrett blasted home on his ripstik 231 00:09:55,729 --> 00:09:57,262 On what seemed like a nothing special 232 00:09:57,264 --> 00:09:59,931 Rain-dreary Monday in potsdam, 233 00:09:59,933 --> 00:10:02,400 Where community safety was a given. 234 00:10:02,402 --> 00:10:05,804 So no worries he'd be home first, home alone. 235 00:10:05,806 --> 00:10:08,006 What could possibly go wrong? 236 00:10:08,008 --> 00:10:11,142 As it turned out, a lot. 237 00:10:11,144 --> 00:10:14,179 A little after 5 p.M., a neighbor called police. 238 00:10:29,830 --> 00:10:32,063 - Coming up... What had happened 239 00:10:32,065 --> 00:10:33,164 In that apartment? 240 00:10:33,166 --> 00:10:35,433 - They get the key, they open the door, 241 00:10:35,435 --> 00:10:36,734 And they go inside. 242 00:10:36,736 --> 00:10:38,369 - Potsdam rescue, I need an ambulance... 243 00:10:38,371 --> 00:10:40,204 - Someone had been in my apartment, 244 00:10:40,206 --> 00:10:42,707 But I had no idea what had happened. 245 00:10:42,709 --> 00:10:49,481 - When "dateline: Secrets uncovered" continues. 246 00:10:49,648 --> 00:10:57,188 ♪♪ 247 00:10:57,190 --> 00:10:59,824 - That October Monday in 2011, 248 00:10:59,826 --> 00:11:02,493 Garrett phillips was supposed to be the first one home 249 00:11:02,495 --> 00:11:05,997 To his second floor apartment at 100 market street. 250 00:11:05,999 --> 00:11:09,133 He apparently arrived just before 5 p.M. 251 00:11:09,135 --> 00:11:10,802 - It's on a very busy street. 252 00:11:10,804 --> 00:11:12,403 Uh, market street is basically the-- 253 00:11:12,405 --> 00:11:13,304 - Right off the main drag. 254 00:11:13,306 --> 00:11:14,739 - Right off-- it is the main drag, 255 00:11:14,741 --> 00:11:17,709 It's a kind of rundown apartment building. 256 00:11:17,711 --> 00:11:19,277 - Sean hall and marisa vogel 257 00:11:19,279 --> 00:11:22,013 Didn't know tandy cyrus or her sons, 258 00:11:22,015 --> 00:11:23,581 But they were very familiar with 259 00:11:23,583 --> 00:11:27,018 The boys will be boys activities across the hall. 260 00:11:27,020 --> 00:11:29,821 - You could hear running or roughhousing sometimes, 261 00:11:29,823 --> 00:11:31,489 Or something rolling down the hallway 262 00:11:31,491 --> 00:11:33,157 Like a skateboard. 263 00:11:33,159 --> 00:11:35,059 - But that afternoon, as sean and marisa 264 00:11:35,061 --> 00:11:37,896 Were watching the drama "dexter" on tv, 265 00:11:37,898 --> 00:11:42,233 The sounds coming from next door were different, scary different. 266 00:11:42,235 --> 00:11:43,601 - I heard a loud crash, 267 00:11:43,603 --> 00:11:46,237 And after that it was silence for a few seconds, 268 00:11:46,239 --> 00:11:48,973 And then in a low voice I heard-- 269 00:11:48,975 --> 00:11:52,310 It sounded like moaning, "help", "ow", or "no". 270 00:11:52,312 --> 00:11:55,513 - At that moment I didn't think it was two little boys 271 00:11:55,515 --> 00:11:57,115 Roughhousing anymore. 272 00:11:57,117 --> 00:12:01,653 It felt more dangerous, it felt wrong. 273 00:12:03,323 --> 00:12:05,723 - Concerned, marisa walked down the hallway 274 00:12:05,725 --> 00:12:07,125 And listened in. 275 00:12:07,127 --> 00:12:10,595 - I knocked on the door and waited a moment, 276 00:12:10,597 --> 00:12:14,332 And then I definitely heard a click, like a lock. 277 00:12:14,334 --> 00:12:16,567 I had the feeling that there was somebody 278 00:12:16,569 --> 00:12:18,836 On the other side of that door. 279 00:12:18,838 --> 00:12:20,705 - She called potsdam p.D. 280 00:12:39,693 --> 00:12:42,227 - A patrol officer arrived at the second floor apartment 281 00:12:42,229 --> 00:12:44,695 Around 5:15 p.M. 282 00:12:44,697 --> 00:12:46,297 No one answered his knock, 283 00:12:46,299 --> 00:12:47,966 So he waited for the building manager 284 00:12:47,968 --> 00:12:49,367 To bring a key. 285 00:12:49,369 --> 00:12:51,769 - The patrolman hears what he thinks is footsteps 286 00:12:51,771 --> 00:12:53,371 Moving inside the-- - inside? 287 00:12:53,373 --> 00:12:54,505 - --Inside the apartment. 288 00:12:54,507 --> 00:12:57,542 And then they get the key, they open the door, 289 00:12:57,544 --> 00:12:59,310 And they go inside. 290 00:12:59,312 --> 00:13:01,179 - Everything appeared to be in order. 291 00:13:01,181 --> 00:13:04,882 The living room was tidy, garrett's stuff all in place, 292 00:13:04,884 --> 00:13:08,787 Ripstik propped against a wall, backpack in the corner. 293 00:13:08,789 --> 00:13:11,455 - They walked to the back, they turned the corner there 294 00:13:11,457 --> 00:13:13,858 And then they find garrett. 295 00:13:13,860 --> 00:13:16,527 He's lying there, they think at first he's sleeping, 296 00:13:16,529 --> 00:13:17,428 Perhaps he's fallen, 297 00:13:17,430 --> 00:13:19,197 Perhaps he's knocked himself out. 298 00:13:19,199 --> 00:13:22,100 But at that point he's pretty much in physical distress. 299 00:13:31,211 --> 00:13:34,412 - The patrol officer called in the distressing details. 300 00:13:43,456 --> 00:13:46,157 - Jones was a sheriff's deputy, so police knew tandy 301 00:13:46,159 --> 00:13:47,758 And tracked her down. 302 00:13:47,760 --> 00:13:50,428 She raced to the canton-potsdam hospital. 303 00:13:50,430 --> 00:13:52,697 - And garrett's in a very bad way in the hospital? 304 00:13:52,699 --> 00:13:54,432 - Yes. - What has happened? 305 00:13:54,434 --> 00:13:56,000 Is there any information about this? 306 00:13:56,002 --> 00:13:57,869 - When I got there the doctor told me that 307 00:13:57,871 --> 00:14:01,506 He was in full cardiac arrest when they brought him in. 308 00:14:01,508 --> 00:14:05,176 I had no idea what had happened and couldn't understand 309 00:14:05,178 --> 00:14:09,347 How my twelve-year-old had a heart attack. 310 00:14:09,349 --> 00:14:10,915 - Did you think at first that 311 00:14:10,917 --> 00:14:13,517 Maybe this had something to do with his dad's problem? 312 00:14:13,519 --> 00:14:14,652 Maybe there was something genetic, 313 00:14:14,654 --> 00:14:17,188 An aneurysm or something had happened to him? 314 00:14:17,190 --> 00:14:19,991 - I, honestly, was in shock 315 00:14:19,993 --> 00:14:24,262 And couldn't wrap my head around anything. 316 00:14:24,264 --> 00:14:25,897 - And I don't really wanna take you back there, 317 00:14:25,899 --> 00:14:29,934 But you're there when he finally gives up? 318 00:14:29,936 --> 00:14:30,835 - Yes. 319 00:14:30,837 --> 00:14:34,138 - They can't bring him back? - No. 320 00:14:34,140 --> 00:14:36,540 - How awful for you. 321 00:14:36,542 --> 00:14:39,277 - Garrett phillips, unstoppable in life, 322 00:14:39,279 --> 00:14:41,913 Was dead at age twelve. 323 00:14:41,915 --> 00:14:44,048 - What happens in the next few hours, tandy? 324 00:14:44,050 --> 00:14:48,219 - Uh, it was kind of a blur. 325 00:14:48,221 --> 00:14:50,021 We were at the hospital for a while, 326 00:14:50,023 --> 00:14:51,789 We got sent home, 327 00:14:51,791 --> 00:14:54,492 And I slept in aaron's room with him. 328 00:14:54,494 --> 00:14:56,627 - At the hospital, tandy had been joined by 329 00:14:56,629 --> 00:14:58,496 Some of the men in her life. 330 00:14:58,498 --> 00:15:00,498 Her ex-husband, casey collins, 331 00:15:00,500 --> 00:15:03,167 And john jones, the sheriff's deputy. 332 00:15:03,169 --> 00:15:05,503 But no one notified nick hillary. 333 00:15:05,505 --> 00:15:08,839 Turns out, he and tandy had split up the month before, 334 00:15:08,841 --> 00:15:11,275 And he was no longer in her loop. 335 00:15:11,277 --> 00:15:13,811 So lieutenant mark murray of the potsdam p.D. 336 00:15:13,813 --> 00:15:14,913 Called nick. 337 00:15:23,523 --> 00:15:24,855 - Minutes later, lieutenant murray 338 00:15:24,857 --> 00:15:27,592 And two other investigators were at nick's door. 339 00:15:27,594 --> 00:15:29,961 A courtesy notification, they said. 340 00:15:29,963 --> 00:15:32,196 - It's-- we're gonna reach out to all the people 341 00:15:32,198 --> 00:15:34,799 Who are connected to this kid. What do they know? 342 00:15:34,801 --> 00:15:36,367 Do they know anything about where he was 343 00:15:36,369 --> 00:15:38,235 Or who he might have been with? 344 00:15:38,237 --> 00:15:42,073 - Attorney tom mortati represented the potsdam police. 345 00:15:42,075 --> 00:15:44,208 - So, mr. Hillary, we have some bad news for you. 346 00:15:44,210 --> 00:15:46,811 - Yes, you know, mr. Hillary expresses shock, 347 00:15:46,813 --> 00:15:47,879 "I can't believe this. 348 00:15:47,881 --> 00:15:50,348 "oh my goodness." puts his hands on his head. 349 00:15:50,350 --> 00:15:53,451 - Nick hillary says he remembers the moment well. 350 00:15:53,453 --> 00:15:57,822 - I'm still broken up over the situation. 351 00:15:57,824 --> 00:15:59,857 He has lived with me. 352 00:15:59,859 --> 00:16:04,996 How could I not be affected by what has happened to garrett? 353 00:16:05,865 --> 00:16:08,132 - Nick wasn't dating tandy anymore, 354 00:16:08,134 --> 00:16:10,301 And he told police he hadn't been in her apartment 355 00:16:10,303 --> 00:16:12,837 Since she moved in two months earlier. 356 00:16:12,839 --> 00:16:14,839 The officers didn't stay long. 357 00:16:14,841 --> 00:16:17,775 An autopsy was scheduled for the next day, 358 00:16:17,777 --> 00:16:19,643 But police didn't wait for the results 359 00:16:19,645 --> 00:16:22,279 To reveal their suspicions to tandy. 360 00:16:22,281 --> 00:16:24,849 - When was it that you started to get this awful news 361 00:16:24,851 --> 00:16:27,518 That there might be foul play? - The next morning. 362 00:16:27,520 --> 00:16:28,652 - How'd that happen? 363 00:16:28,654 --> 00:16:30,722 - We had gone down to the police station, 364 00:16:30,724 --> 00:16:33,624 And that's when they had made a comment 365 00:16:33,626 --> 00:16:35,459 That someone had been in my apartment. 366 00:16:35,461 --> 00:16:37,395 - Somehow garrett's made it home and there's somebody there, 367 00:16:37,397 --> 00:16:39,196 Or follows him, or something's happened 368 00:16:39,198 --> 00:16:41,665 And he's attacked. - Yes. 369 00:16:41,667 --> 00:16:43,901 - Is it now a homicide investigation? 370 00:16:43,903 --> 00:16:47,104 - Yes. 371 00:16:47,106 --> 00:16:51,242 - Coming up, an urgent hunt for suspects begins. 372 00:16:51,244 --> 00:16:53,144 - Who were the people connected to his life? 373 00:16:53,146 --> 00:16:54,612 - Tandy's partners and husbands. 374 00:16:54,614 --> 00:16:56,047 - Absolutely. 375 00:16:56,049 --> 00:16:59,083 - When "dateline: Secrets uncovered" continues. 376 00:17:02,621 --> 00:17:10,161 ♪♪ 377 00:17:10,163 --> 00:17:14,565 - October 2011, Halloween was less than a week away. 378 00:17:14,567 --> 00:17:17,034 But the good folks of potsdam, young and old, 379 00:17:17,036 --> 00:17:20,071 Were learning that a monster had arrived early. 380 00:17:20,073 --> 00:17:22,340 A child killer was in their midst. 381 00:17:28,881 --> 00:17:30,714 News this bad traveled fast 382 00:17:30,716 --> 00:17:33,517 In a town where so many people knew the emts, 383 00:17:33,519 --> 00:17:35,720 The nurses, and docs at the hospital, 384 00:17:35,722 --> 00:17:36,987 The cops. 385 00:17:36,989 --> 00:17:40,224 Lieutenant mark murray is a lifelong potsdam resident. 386 00:17:40,226 --> 00:17:42,126 - At the hospital, someone said he looked like 387 00:17:42,128 --> 00:17:45,663 He had been beat up, or he had injuries on his body. 388 00:17:45,665 --> 00:17:46,997 - The boy had a rug burn on his knee, 389 00:17:46,999 --> 00:17:47,965 What's that tell ya? 390 00:17:47,967 --> 00:17:49,300 - The injuries on the knees indicated, 391 00:17:49,302 --> 00:17:50,201 Along with other injuries, 392 00:17:50,203 --> 00:17:51,702 That there was a significant struggle. 393 00:17:51,704 --> 00:17:54,004 There was a violent struggle, this boy fought for his life. 394 00:17:54,006 --> 00:17:55,172 - What do you think it is? 395 00:17:55,174 --> 00:17:56,808 Like a chokehold, or hands, fingers around the neck? 396 00:17:56,810 --> 00:17:57,808 Or what? 397 00:17:57,810 --> 00:18:00,111 - It's a combination of being sat upon, 398 00:18:00,113 --> 00:18:02,379 And-and smothered, and asphyxiated. 399 00:18:02,381 --> 00:18:05,616 So it was a long process, it wasn't an instant death. 400 00:18:05,618 --> 00:18:07,618 - A chilling headline summed it up: 401 00:18:07,620 --> 00:18:10,021 "boy's death is ruled a homicide. 402 00:18:10,023 --> 00:18:13,090 "police tell family twelve-year-old garrett phillips 403 00:18:13,092 --> 00:18:15,826 "was strangled; no suspects listed." 404 00:18:15,828 --> 00:18:19,230 - From every indication, this was a very tense scene. 405 00:18:19,232 --> 00:18:21,866 This is a crime that does not happen in a place like this. 406 00:18:21,868 --> 00:18:23,634 - Is there a break-in maniac out there? 407 00:18:23,636 --> 00:18:24,568 - Yeah. 408 00:18:24,570 --> 00:18:25,236 - An intruder who kills children? 409 00:18:25,238 --> 00:18:26,270 - Absolutely. 410 00:18:26,272 --> 00:18:28,839 Is there someone who is going to kill again, 411 00:18:28,841 --> 00:18:30,641 God forbid? 412 00:18:30,643 --> 00:18:32,776 - In the vacuum of hard information, 413 00:18:32,778 --> 00:18:33,978 Rumor took flight. 414 00:18:40,253 --> 00:18:41,252 - But in the fog, 415 00:18:41,254 --> 00:18:43,654 A story that was gaining traction early on: 416 00:18:43,656 --> 00:18:46,690 An unsubstantiated report that garrett had been killed 417 00:18:46,692 --> 00:18:48,726 By one or more kids. 418 00:18:48,728 --> 00:18:51,629 Attorney for the potsdam police, tom mortati. 419 00:18:51,631 --> 00:18:52,730 - Who was he with recently? 420 00:18:52,732 --> 00:18:54,932 Did he have any, uh, issues with other kids? 421 00:18:54,934 --> 00:18:57,201 You know, who was he playing with that afternoon? 422 00:18:57,203 --> 00:19:00,004 - Calls continued coming into the police hotline. 423 00:19:00,006 --> 00:19:02,306 Townspeople begging for reassurance 424 00:19:02,308 --> 00:19:03,341 From a school principal. 425 00:19:11,083 --> 00:19:13,017 - Back at the crime scene, police were beginning to 426 00:19:13,019 --> 00:19:16,554 Pick up clues that suggested another possibility: 427 00:19:16,556 --> 00:19:18,622 That the killer had to be an adult. 428 00:19:18,624 --> 00:19:20,457 - The police kind of descend en masse, 429 00:19:20,459 --> 00:19:23,761 And one of the things they see is that in a back bedroom, 430 00:19:23,763 --> 00:19:26,630 There's a window that apparently has been pushed outward. 431 00:19:26,632 --> 00:19:28,766 Um, the screen is ajar. 432 00:19:28,768 --> 00:19:31,169 - So whoever is in there has to leave, 433 00:19:31,171 --> 00:19:33,804 And there's only one way out and that's a second story window. 434 00:19:33,806 --> 00:19:35,173 There's no fire escape, 435 00:19:35,175 --> 00:19:37,107 You're kind of up off the ground. 436 00:19:37,109 --> 00:19:38,776 - The developing theory was that 437 00:19:38,778 --> 00:19:40,611 When a cop knocked at the door, 438 00:19:40,613 --> 00:19:44,081 That window became the killer's only exit. 439 00:19:44,083 --> 00:19:47,184 Police surmised that only a fit adult, not a kid, 440 00:19:47,186 --> 00:19:49,019 Could make such a dangerous leap. 441 00:19:49,021 --> 00:19:50,854 - There's kind of a shed structure beneath the window? 442 00:19:50,856 --> 00:19:53,591 - Yeah, about ten feet down. Not an easy jump. 443 00:19:53,593 --> 00:19:55,526 - A cracked tile was a big clue 444 00:19:55,528 --> 00:19:57,394 That the killer ricocheted off the shed 445 00:19:57,396 --> 00:19:59,063 On his way down to the ground, 446 00:19:59,065 --> 00:20:01,599 Where police picked up another clue. 447 00:20:01,601 --> 00:20:03,801 - They find a skid of kind of a gash 448 00:20:03,803 --> 00:20:05,569 In the-in the grass below. And keep in mind, 449 00:20:05,571 --> 00:20:06,870 It was a little bit muddy down there. 450 00:20:06,872 --> 00:20:09,540 - So this is describing whoever the intruder was's 451 00:20:09,542 --> 00:20:10,675 Exit from the property. 452 00:20:10,677 --> 00:20:12,243 - Yeah, what-- basically what they're arguing is 453 00:20:12,245 --> 00:20:13,611 That he jumped out of the window, 454 00:20:13,613 --> 00:20:15,346 Down to the shed, off the shed, 455 00:20:15,348 --> 00:20:17,615 Into the grass, and ran off. 456 00:20:17,617 --> 00:20:19,884 - Police wondered if the killer had injured himself 457 00:20:19,886 --> 00:20:21,218 On the way down, 458 00:20:21,220 --> 00:20:23,988 Possibly limping away from the crime scene. 459 00:20:23,990 --> 00:20:26,824 But no one reported seeing someone flee. 460 00:20:26,826 --> 00:20:30,094 So police combed the area, looking for fingerprints, 461 00:20:30,096 --> 00:20:31,996 Shoe prints, dna. 462 00:20:31,998 --> 00:20:34,765 Evidence was collected and sent to the crime lab. 463 00:20:34,767 --> 00:20:36,934 Meanwhile, investigators began talking to 464 00:20:36,936 --> 00:20:39,103 Those who knew garrett best. 465 00:20:39,105 --> 00:20:41,372 - Who were the people connected to his life? 466 00:20:41,374 --> 00:20:43,107 - So tandy's partners and husbands-- 467 00:20:43,109 --> 00:20:45,075 - Absolutely, yup. 468 00:20:45,077 --> 00:20:48,012 - The list included: Ex-husband casey collins, 469 00:20:48,014 --> 00:20:49,914 Former boyfriend john jones, 470 00:20:49,916 --> 00:20:53,050 And her most recent ex-lover, nick hillary. 471 00:20:53,052 --> 00:20:56,287 Collins and jones had been with tandy at the hospital, 472 00:20:56,289 --> 00:20:58,722 And they even sat next to her during her interview 473 00:20:58,724 --> 00:21:01,492 At the potsdam p.D. The next morning. 474 00:21:01,494 --> 00:21:04,995 John jones is to tandy's, left holding her hand. 475 00:21:04,997 --> 00:21:07,898 Casey collins was quickly eliminated as a suspect 476 00:21:07,900 --> 00:21:10,301 Because he had a solid alibi that placed him 477 00:21:10,303 --> 00:21:15,072 Nowhere near garrett's apartment at 5 p.M. On October 24th. 478 00:21:15,074 --> 00:21:17,408 But john jones, the local sheriff's deputy, 479 00:21:17,410 --> 00:21:18,876 Got a deeper look. 480 00:21:18,878 --> 00:21:20,010 So it's early hours, 481 00:21:20,012 --> 00:21:21,412 But something might be going on with john jones, 482 00:21:21,414 --> 00:21:23,414 You just don't know what it is, huh? 483 00:21:23,416 --> 00:21:25,382 - Potentially, yes. 484 00:21:25,384 --> 00:21:27,885 - He told police he got home about 5:00, 485 00:21:27,887 --> 00:21:30,755 And he lives just two blocks from garrett's apartment. 486 00:21:30,757 --> 00:21:34,692 Police say this is jones on a very grainy security video 487 00:21:34,694 --> 00:21:36,994 Across the street from where garrett passed 488 00:21:36,996 --> 00:21:38,496 On his skate ride home. 489 00:21:38,498 --> 00:21:40,498 In a police interview room, jones was asked to 490 00:21:40,500 --> 00:21:42,366 Roll up his shirt and pants 491 00:21:42,368 --> 00:21:45,036 To check for possible wounds and a leg injury. 492 00:21:45,038 --> 00:21:47,671 Meanwhile, tandy was talking to police, 493 00:21:47,673 --> 00:21:52,109 And she had some thoughts. Strong thoughts. 494 00:21:52,111 --> 00:21:53,444 - Coming up... 495 00:21:53,446 --> 00:21:56,213 - They had asked if there was anybody that I could think of 496 00:21:56,215 --> 00:21:57,848 That would want to hurt garrett, 497 00:21:57,850 --> 00:22:01,452 And there was only one person that came to mind. 498 00:22:01,454 --> 00:22:04,989 - When "dateline: Secrets uncovered" continues. 499 00:22:07,792 --> 00:22:12,763 ♪♪ 500 00:22:12,765 --> 00:22:15,299 - Welcome back to "dateline: Secrets uncovered". 501 00:22:15,301 --> 00:22:16,767 I'm kate snow. 502 00:22:16,769 --> 00:22:18,803 When sixth grader, garrett phillips, 503 00:22:18,805 --> 00:22:22,539 Was found strangled to death, investigators quickly focused on 504 00:22:22,541 --> 00:22:25,142 The men in his mother, tandy's, life. 505 00:22:25,144 --> 00:22:26,944 They cleared her ex-husband, 506 00:22:26,946 --> 00:22:30,547 But two former boyfriends remained potential suspects. 507 00:22:30,549 --> 00:22:34,151 Now, tandy was about to call one of them a killer, 508 00:22:34,153 --> 00:22:37,154 And share ugly secrets from their relationship. 509 00:22:37,156 --> 00:22:39,924 Back to dennis murphy with "the accused". 510 00:22:42,128 --> 00:22:45,496 - Tandy cyrus had lost her twelve-year-old son. 511 00:22:45,498 --> 00:22:47,364 Now she had to pull herself together 512 00:22:47,366 --> 00:22:49,700 To talk to the potsdam police. 513 00:22:49,702 --> 00:22:52,569 Did they ask you who could possibly have 514 00:22:52,571 --> 00:22:54,805 Something in for little garrett? 515 00:22:54,807 --> 00:22:56,006 - Yes. 516 00:22:56,008 --> 00:22:58,843 - What'd you say? - Nick. 517 00:22:58,845 --> 00:23:01,078 - Nick hillary, the soccer coach, 518 00:23:01,080 --> 00:23:03,247 Her most recent ex-boyfriend. 519 00:23:03,249 --> 00:23:04,448 - There seems to be some discussion 520 00:23:04,450 --> 00:23:06,784 Of who would want to harm garrett, 521 00:23:06,786 --> 00:23:08,318 And the name nick is raised. 522 00:23:08,320 --> 00:23:09,520 Early on, it sounds like. 523 00:23:09,522 --> 00:23:12,022 - The name nick was raised almost instantaneously 524 00:23:12,024 --> 00:23:14,057 From-from most indications. 525 00:23:14,059 --> 00:23:16,527 And whether or not that was justified or not, 526 00:23:16,529 --> 00:23:18,596 Of course, is at the heart of the case. 527 00:23:18,598 --> 00:23:20,998 - The videotape of tandy's interview with police 528 00:23:21,000 --> 00:23:22,800 Is difficult to hear. 529 00:23:22,802 --> 00:23:24,468 But when she talked to "dateline", 530 00:23:24,470 --> 00:23:27,204 She described a different side of the general, 531 00:23:27,206 --> 00:23:30,808 The nickname adoring teammates gave nick in his glory days. 532 00:23:30,810 --> 00:23:32,543 She came to believe it reflected 533 00:23:32,545 --> 00:23:34,211 A more controlling nature, 534 00:23:34,213 --> 00:23:36,413 And that's what she was telling the cops. 535 00:23:36,415 --> 00:23:37,815 - He was very regimented. 536 00:23:37,817 --> 00:23:41,385 Everything, his day started and ended with his planner. 537 00:23:41,387 --> 00:23:42,953 - Like, "9:30 tomorrow morning 538 00:23:42,955 --> 00:23:44,088 "I'm gonna be doing thus and such, 539 00:23:44,090 --> 00:23:45,255 "and eleven o'clock I'm gonna be doing this." 540 00:23:45,257 --> 00:23:47,558 - Yes, very structured. 541 00:23:47,560 --> 00:23:50,093 - Did he bring that into your life, into the family? 542 00:23:50,095 --> 00:23:52,029 - He tried. - He tried? 543 00:23:52,031 --> 00:23:54,465 - It wasn't well received. 544 00:23:54,467 --> 00:23:56,200 - Especially not by garrett, 545 00:23:56,202 --> 00:23:59,036 A spontaneous ants in the pants kid. 546 00:23:59,038 --> 00:24:00,771 But according to tandy, 547 00:24:00,773 --> 00:24:03,407 Nick was increasingly acting the drill instructor 548 00:24:03,409 --> 00:24:05,576 With both the boy and his mother. 549 00:24:05,578 --> 00:24:07,678 - If I didn't get garrett under control, 550 00:24:07,680 --> 00:24:09,580 Or get him on a more strict schedule, 551 00:24:09,582 --> 00:24:10,781 Then when he got older 552 00:24:10,783 --> 00:24:12,383 I wasn't going to be able to control him. 553 00:24:12,385 --> 00:24:14,585 He was just all about control. 554 00:24:14,587 --> 00:24:16,587 - Was that too much? Was he asking you too much? 555 00:24:16,589 --> 00:24:17,821 - Very much so. 556 00:24:17,823 --> 00:24:21,325 That's not how I am, that's not how my kids were. 557 00:24:21,327 --> 00:24:24,128 And he wanted them to change. 558 00:24:24,130 --> 00:24:26,063 - Tandy said nick's inflexibility 559 00:24:26,065 --> 00:24:28,265 Brought it all crashing down. 560 00:24:28,267 --> 00:24:30,667 She said garrett had told her about one incident 561 00:24:30,669 --> 00:24:32,236 With one of nick's children. 562 00:24:32,238 --> 00:24:35,072 - There was, um, kind of an argument 563 00:24:35,074 --> 00:24:37,475 Between garrett and his daughter 564 00:24:37,477 --> 00:24:39,743 That turned into an argument between the two of us. 565 00:24:39,745 --> 00:24:41,979 He took his daughter's side and, obviously, 566 00:24:41,981 --> 00:24:46,550 I took garrett's side. I chose my son. 567 00:24:46,552 --> 00:24:49,953 - As tensions escalated, and with nick out of town, 568 00:24:49,955 --> 00:24:52,423 Tandy had a heart-to-heart with garrett. 569 00:24:52,425 --> 00:24:53,991 He didn't hold back. 570 00:24:53,993 --> 00:24:55,626 - He didn't like being in the same house with nick 571 00:24:55,628 --> 00:24:59,429 And his kids, and he just, he wasn't happy. 572 00:24:59,431 --> 00:25:00,564 - That was it. 573 00:25:00,566 --> 00:25:03,300 Tandy told nick she was moving out. 574 00:25:03,302 --> 00:25:04,902 Then, according to tandy, 575 00:25:04,904 --> 00:25:07,504 It was nick's turn to be unhappy. 576 00:25:07,506 --> 00:25:10,140 - There was an argument, um, he told me that 577 00:25:10,142 --> 00:25:12,509 I was letting garrett make my decisions for me. 578 00:25:12,511 --> 00:25:14,978 And he was standing in front of the doorway blocking me. 579 00:25:14,980 --> 00:25:17,180 And then he picked me up and carried me away from the door 580 00:25:17,182 --> 00:25:18,315 And wouldn't let me leave. 581 00:25:18,317 --> 00:25:20,284 - Was that a scary moment? - It was. 582 00:25:20,286 --> 00:25:22,386 - Was that a side of nick you hadn't seen to that point? 583 00:25:22,388 --> 00:25:23,387 - Yes. 584 00:25:23,389 --> 00:25:25,355 And he ended up putting me down and he just-- 585 00:25:25,357 --> 00:25:28,425 He put his hands up and stepped back and I left. 586 00:25:28,427 --> 00:25:30,794 - Tandy says soon after that incident occurred, 587 00:25:30,796 --> 00:25:34,197 She and her two boys moved into that second floor apartment 588 00:25:34,199 --> 00:25:36,033 At 100 market street. 589 00:25:36,035 --> 00:25:38,669 And nick helped them move. - We'd ended up having 590 00:25:38,671 --> 00:25:41,005 A couple different conversations, you know, 591 00:25:41,007 --> 00:25:43,607 Trying to make it work but living in separate households. 592 00:25:43,609 --> 00:25:45,276 And I had talked to garrett, 593 00:25:45,278 --> 00:25:46,476 And he said he was okay with it, 594 00:25:46,478 --> 00:25:49,680 He just didn't want to live in the same house with him. 595 00:25:49,682 --> 00:25:51,882 - But according to tandy, nick wasn't okay 596 00:25:51,884 --> 00:25:54,217 With the new living arrangements. 597 00:25:54,219 --> 00:25:57,020 - He showed up at my apartment in the middle of the night. 598 00:25:57,022 --> 00:25:58,188 - Middle of the night? - Mm-hmm. 599 00:25:58,190 --> 00:25:59,656 - When you're asleep? And then-- 600 00:25:59,658 --> 00:26:00,891 - Yes, because he had a key. 601 00:26:00,893 --> 00:26:02,492 - Where is he? You're-you're in your bed. 602 00:26:02,494 --> 00:26:04,895 - I woke up and he was standing in my bedroom. 603 00:26:04,897 --> 00:26:05,829 - That was it. 604 00:26:05,831 --> 00:26:08,165 The final straw in what tandy saw 605 00:26:08,167 --> 00:26:10,734 As nick's scary transformation. 606 00:26:10,736 --> 00:26:12,336 - I was angry. 607 00:26:12,338 --> 00:26:14,871 And so I told him that that made me want my key back. 608 00:26:14,873 --> 00:26:16,573 I didn't want him to have a key anymore. 609 00:26:16,575 --> 00:26:17,908 - When you give a girlfriend a key back, 610 00:26:17,910 --> 00:26:19,109 That's really the end of it, that-- 611 00:26:19,111 --> 00:26:21,445 - Right. - Over and out. 612 00:26:21,447 --> 00:26:24,915 It was September, garrett had one month to live. 613 00:26:24,917 --> 00:26:26,383 The unwelcomed drop in, 614 00:26:26,385 --> 00:26:28,786 As well as tandy's other stories about nick, 615 00:26:28,788 --> 00:26:30,754 Made police suspicious. 616 00:26:30,756 --> 00:26:32,923 But what to make of her account? 617 00:26:32,925 --> 00:26:35,258 - She tells a story about looking up from her bed 618 00:26:35,260 --> 00:26:37,194 In the middle of the night, midnight or later, 619 00:26:37,196 --> 00:26:39,062 And there's nick. - That's what she says. 620 00:26:39,064 --> 00:26:41,064 That is not a substantiated account, 621 00:26:41,066 --> 00:26:44,601 That is her saying that this happened. 622 00:26:44,603 --> 00:26:46,737 - Investigators started knocking on doors 623 00:26:46,739 --> 00:26:50,240 All over potsdam to get the lowdown on nick. 624 00:26:50,242 --> 00:26:52,409 Tandy's side didn't pull any punches. 625 00:26:52,411 --> 00:26:55,145 Attorney for the potsdam p.D. Tom mortati. 626 00:26:55,147 --> 00:26:58,415 - Family, friends, relatives, they all immediately thought, 627 00:26:58,417 --> 00:27:00,651 "well, there's only one person that we can think of 628 00:27:00,653 --> 00:27:03,320 "that might do something, uh, to garrett", 629 00:27:03,322 --> 00:27:04,555 And that was nick hillary. 630 00:27:04,557 --> 00:27:07,090 - That he has reason to have a grudge against garrett. 631 00:27:07,092 --> 00:27:08,825 What, for breaking up this relationship? 632 00:27:08,827 --> 00:27:09,726 - Essentially, yeah. 633 00:27:09,728 --> 00:27:10,827 - Still wants to be with the mom? 634 00:27:10,829 --> 00:27:11,862 - Yup. 635 00:27:11,864 --> 00:27:14,131 - Tandy's parents gave statements to police. 636 00:27:14,133 --> 00:27:16,033 Her mother wrote, "he kept telling me 637 00:27:16,035 --> 00:27:18,135 "it was tandy's fault they broke up, 638 00:27:18,137 --> 00:27:20,237 "and that garrett was a factor." 639 00:27:20,239 --> 00:27:23,507 - Nick had gone to her parents to basically lobby them 640 00:27:23,509 --> 00:27:26,276 To help-help me get back in tandy's good graces. 641 00:27:26,278 --> 00:27:28,445 I'm good for garrett, I'm good for her, you know, 642 00:27:28,447 --> 00:27:30,013 Help them see the light. 643 00:27:30,015 --> 00:27:32,716 - As investigators continued targeting nick, 644 00:27:32,718 --> 00:27:34,985 They say they still had the other ex-boyfriend, 645 00:27:34,987 --> 00:27:37,655 Fellow cop john jones, on their radar. 646 00:27:37,657 --> 00:27:40,657 - He provided a dna swab, uh, fingerprints, 647 00:27:40,659 --> 00:27:43,394 Let us photograph his shirt up and his pants up, 648 00:27:43,396 --> 00:27:46,196 And uh, pretty much whatever you need me to do 649 00:27:46,198 --> 00:27:47,197 I'll do it. 650 00:27:47,199 --> 00:27:49,399 - Besides his eagerness to cooperate, 651 00:27:49,401 --> 00:27:50,868 Police say his timeline, 652 00:27:50,870 --> 00:27:53,937 With corroborating security video, checked out. 653 00:27:53,939 --> 00:27:57,274 He's seen walking his dog around 5:13, 654 00:27:57,276 --> 00:27:59,109 About the time the officer arrived 655 00:27:59,111 --> 00:28:00,744 At garrett's apartment. 656 00:28:00,746 --> 00:28:02,979 - I'm sorry, but nobody goes over to somebody's house 657 00:28:02,981 --> 00:28:04,448 To strangle somebody with their dog, 658 00:28:04,450 --> 00:28:07,417 And then jumps out the window with their dog. 659 00:28:07,419 --> 00:28:10,153 - So police dropped jones as a suspect. 660 00:28:10,155 --> 00:28:13,423 And even though tandy had had a bad breakup with jones, 661 00:28:13,425 --> 00:28:16,693 She told police garrett and jones were very close. 662 00:28:16,695 --> 00:28:18,729 - What about john jones? - Absolutely not. 663 00:28:18,731 --> 00:28:20,898 - Wasn't possible? - No. 664 00:28:20,900 --> 00:28:23,800 - For tandy, it always was nick, and only nick, 665 00:28:23,802 --> 00:28:25,769 In the frame for the crime. 666 00:28:25,771 --> 00:28:27,971 Police would continue investigating, 667 00:28:27,973 --> 00:28:30,874 But by day two, pressure seemed to be mounting 668 00:28:30,876 --> 00:28:32,910 For a quick resolution. 669 00:28:32,912 --> 00:28:34,711 - Even the next morning, uh, 670 00:28:34,713 --> 00:28:37,047 The chief of police there in potsdam 671 00:28:37,049 --> 00:28:38,849 Indicated to another investigator that 672 00:28:38,851 --> 00:28:42,319 They had a pretty hot suspect, and that they were lining up 673 00:28:42,321 --> 00:28:46,123 Whatever evidence they could to try to make an arrest. 674 00:28:46,125 --> 00:28:49,426 - That conversation was recorded by the potsdam p.D., 675 00:28:49,428 --> 00:28:52,529 A routine procedure for calls in and out of the department. 676 00:29:05,477 --> 00:29:08,679 - So 24 hours after the murder, lieutenant mark murray, 677 00:29:08,681 --> 00:29:11,615 Working his first homicide as lead investigator, 678 00:29:11,617 --> 00:29:13,717 Went to observe nick on the sideline 679 00:29:13,719 --> 00:29:17,087 At clarkson's soccer game against suny potsdam. 680 00:29:17,089 --> 00:29:18,555 Remember, police believe the killer 681 00:29:18,557 --> 00:29:20,524 May have sustained a leg injury 682 00:29:20,526 --> 00:29:23,761 Jumping from that second floor window. 683 00:29:23,763 --> 00:29:27,765 Would nick be limping? 684 00:29:27,767 --> 00:29:29,232 - Coming up... 685 00:29:29,234 --> 00:29:32,102 - Were you aware that the cops were running a camera on you 686 00:29:32,104 --> 00:29:35,906 As you coached the team? - I had no idea. 687 00:29:35,908 --> 00:29:38,542 - Coach hillary secretly taped 688 00:29:38,544 --> 00:29:40,544 And strongly questioned. 689 00:29:42,581 --> 00:29:44,314 - A man was treated like an animal, 690 00:29:44,316 --> 00:29:47,117 And that's not allowed in the united states. 691 00:29:47,119 --> 00:29:50,387 - When "dateline: Secrets uncovered" continues. 692 00:29:53,725 --> 00:30:00,197 ♪♪ 693 00:30:00,199 --> 00:30:01,665 - Not long after garrett phillips 694 00:30:01,667 --> 00:30:04,534 Had been strangled, his mother told investigators, 695 00:30:04,536 --> 00:30:06,436 "nick hillary is your killer." 696 00:30:06,438 --> 00:30:09,105 And now police were urgently investigating 697 00:30:09,107 --> 00:30:10,607 The soccer coach. 698 00:30:10,609 --> 00:30:11,775 The night after the murder, 699 00:30:11,777 --> 00:30:13,777 A team led by lieutenant mark murray, 700 00:30:13,779 --> 00:30:17,281 Aimed a video camera at nick, as he prowled the sidelines 701 00:30:17,283 --> 00:30:19,249 While coaching a soccer game. 702 00:30:19,251 --> 00:30:20,884 They were looking for a limp, 703 00:30:20,886 --> 00:30:22,285 Which would match their theory 704 00:30:22,287 --> 00:30:23,820 That the killer may have been injured 705 00:30:23,822 --> 00:30:26,490 Leaping from that second story window. 706 00:30:26,492 --> 00:30:28,225 - The police had interviewed some other individuals 707 00:30:28,227 --> 00:30:29,759 At this point, and he's known to be 708 00:30:29,761 --> 00:30:31,228 An active guy on the sidelines. 709 00:30:31,230 --> 00:30:32,863 He's not doing that here. 710 00:30:32,865 --> 00:30:35,232 - After videotaping nick throughout the game, 711 00:30:35,234 --> 00:30:38,869 Police were convinced they saw what they came to see. 712 00:30:38,871 --> 00:30:41,171 - Did you think you saw a hitch in his gate that night? 713 00:30:41,173 --> 00:30:42,873 - Definitely, I put it in my search warrant affidavit. 714 00:30:42,875 --> 00:30:44,341 "I observed a significant limp. 715 00:30:44,343 --> 00:30:45,709 When he went off at halftime, 716 00:30:45,711 --> 00:30:47,677 I observed what I observed to be a limp." 717 00:30:47,679 --> 00:30:50,580 - Were you aware that the cops were running a camera on you 718 00:30:50,582 --> 00:30:51,915 As you coached the team? 719 00:30:51,917 --> 00:30:54,918 - I had no idea. 720 00:30:54,920 --> 00:30:57,554 - Nick said he was focused on beating crosstown rival 721 00:30:57,556 --> 00:31:00,123 Suny potsdam, a big game. 722 00:31:00,125 --> 00:31:03,327 - You're gonna be seeing these guys around town. 723 00:31:03,329 --> 00:31:05,596 This is a game that we must win. 724 00:31:05,598 --> 00:31:07,831 - He said he had nothing to do with garrett's death, 725 00:31:07,833 --> 00:31:10,934 So he had no reason to think he was a suspect that night, 726 00:31:10,936 --> 00:31:13,536 Or the next morning when police asked him 727 00:31:13,538 --> 00:31:15,605 To come down to the potsdam p.D. 728 00:31:15,607 --> 00:31:17,674 And help their investigation. 729 00:31:17,676 --> 00:31:19,009 - For what purpose? 730 00:31:19,011 --> 00:31:22,012 - To see if I could identify 731 00:31:22,014 --> 00:31:23,914 A list of g-garrett's friends. 732 00:31:28,954 --> 00:31:30,787 - But then the conversation veered away 733 00:31:30,789 --> 00:31:32,422 From the list and kids. 734 00:31:36,929 --> 00:31:39,396 - Nick seemed surprised by the cops' line of questioning. 735 00:31:55,080 --> 00:31:58,181 - Nick now realized he was being accused. 736 00:31:58,183 --> 00:31:59,583 He shut down. 737 00:32:08,660 --> 00:32:10,160 - Jesse mckinley covered the story 738 00:32:10,162 --> 00:32:11,928 For the "new york times". 739 00:32:11,930 --> 00:32:14,064 - I think at that point, uh, his argument would be, 740 00:32:14,066 --> 00:32:16,967 I was scared, this was a scary situation. 741 00:32:16,969 --> 00:32:18,601 I seemed to be being singled out 742 00:32:18,603 --> 00:32:20,303 For a crime that I didn't commit. 743 00:32:20,305 --> 00:32:22,606 - But lieutenant murray had a different take. 744 00:32:22,608 --> 00:32:25,208 He believed nick was not cooperating, 745 00:32:25,210 --> 00:32:26,743 And for no good reason. 746 00:32:26,745 --> 00:32:27,944 - When he said, "no comment", 747 00:32:27,946 --> 00:32:29,512 I remember thinking to myself, 748 00:32:29,514 --> 00:32:31,781 You know, "everyone else here is giving us 749 00:32:31,783 --> 00:32:33,550 Any information whether it's relevant or not." 750 00:32:33,552 --> 00:32:34,617 If the roles were reversed, 751 00:32:34,619 --> 00:32:36,553 I-I would be doing anything in my power 752 00:32:36,555 --> 00:32:38,555 To help figure out what-what happened to garrett. 753 00:32:40,292 --> 00:32:42,893 - Nick was then read his miranda rights. 754 00:32:42,895 --> 00:32:45,161 - The two officers got up and barred the door, 755 00:32:45,163 --> 00:32:48,098 And told me that I'm not allowed to leave. 756 00:32:48,100 --> 00:32:49,699 - But you hadn't been arrested. 757 00:32:49,701 --> 00:32:50,901 - I was never arrested. 758 00:32:50,903 --> 00:32:53,269 I'm being held against my will. 759 00:32:53,271 --> 00:32:55,271 - Police were zeroing in on nick, 760 00:32:55,273 --> 00:32:57,007 And they were asking tough questions 761 00:32:57,009 --> 00:32:58,909 To his assistant coach, ian fairlie, 762 00:32:58,911 --> 00:33:00,510 At the same time. 763 00:33:00,512 --> 00:33:02,212 - Fairlie told them he had seen nick 764 00:33:02,214 --> 00:33:04,915 Shortly after 5 p.M. The afternoon of the murder, 765 00:33:04,917 --> 00:33:06,750 And he was acting normally. 766 00:33:09,254 --> 00:33:10,587 - And this was supposedly ten minutes after 767 00:33:10,589 --> 00:33:12,189 He'd strangled someone to death. 768 00:33:32,544 --> 00:33:35,178 - Meanwhile, nick had asked for a lawyer. 769 00:33:35,180 --> 00:33:38,114 He was detained, but still hadn't been arrested. 770 00:33:38,116 --> 00:33:40,483 Police took his phone, wallet, and car 771 00:33:40,485 --> 00:33:42,018 While they were waiting for a judge 772 00:33:42,020 --> 00:33:43,586 To sign a search warrant. 773 00:33:43,588 --> 00:33:45,021 For a proud army vet, 774 00:33:45,023 --> 00:33:47,357 And prominent member of the college community, 775 00:33:47,359 --> 00:33:50,360 Nick said his treatment was humiliating. 776 00:33:50,362 --> 00:33:51,628 - They took my clothes. 777 00:33:51,630 --> 00:33:52,929 - Took pictures of you naked? 778 00:33:52,931 --> 00:33:54,698 - As the day I was born. 779 00:33:54,700 --> 00:33:57,100 - Looking for what? Scratches, cut marks? 780 00:33:57,102 --> 00:33:59,102 - Only they would know. 781 00:33:59,104 --> 00:34:01,237 - So how long did this day last? 782 00:34:01,239 --> 00:34:03,173 - Seems like an eternity. 783 00:34:03,175 --> 00:34:05,475 - Then, after about nine hours inside, 784 00:34:05,477 --> 00:34:07,110 Police released him. 785 00:34:07,112 --> 00:34:09,379 - This was from early in the morning 786 00:34:09,381 --> 00:34:12,182 'til about after five, 787 00:34:12,184 --> 00:34:17,087 When I was released in a hazmat suit. 788 00:34:17,089 --> 00:34:18,588 - You didn't get your clothes back? 789 00:34:18,590 --> 00:34:19,656 - Nothing. 790 00:34:19,658 --> 00:34:22,459 Didn't have keys to go into my apartment, 791 00:34:22,461 --> 00:34:25,395 Didn't have my wallet 792 00:34:25,397 --> 00:34:27,264 With any kind of identification 793 00:34:27,266 --> 00:34:29,065 If I should get stopped in the street 794 00:34:29,067 --> 00:34:31,267 To identify who I am. 795 00:34:31,269 --> 00:34:35,405 It's an inhumane way to be treated. 796 00:34:36,708 --> 00:34:40,076 - The next day, he felt branded in his own community. 797 00:34:40,078 --> 00:34:42,145 - And there was a big spread in the newspaper 798 00:34:42,147 --> 00:34:45,348 Clearly stating that police had questioned me. 799 00:34:45,350 --> 00:34:47,517 - Realizing he was the prime suspect, 800 00:34:47,519 --> 00:34:49,686 And perhaps the only suspect, 801 00:34:49,688 --> 00:34:52,856 Nick started to fight back with the help of a good friend, 802 00:34:52,858 --> 00:34:54,424 Who happened to be a lawyer, 803 00:34:54,426 --> 00:34:56,893 Former teammate mani tafari. 804 00:34:56,895 --> 00:34:58,628 - Yeah, this was tunnel vision. 805 00:34:58,630 --> 00:35:00,029 Um, the powers that be that wanted 806 00:35:00,031 --> 00:35:01,431 To get mr. Hillary for this, 807 00:35:01,433 --> 00:35:03,967 Um, always had that intention. 808 00:35:03,969 --> 00:35:05,435 - Nick told us that he wasn't 809 00:35:05,437 --> 00:35:07,303 At garrett's apartment that day. 810 00:35:07,305 --> 00:35:10,974 And he denied the accusations tandy had made to police. 811 00:35:10,976 --> 00:35:12,108 - Saying that there was bad blood 812 00:35:12,110 --> 00:35:13,443 Between you and garrett. 813 00:35:13,445 --> 00:35:16,579 - That's very, very shocking and surprising. 814 00:35:16,581 --> 00:35:17,847 - Did you ever have a butthead moment 815 00:35:17,849 --> 00:35:18,782 With him, nick? 816 00:35:18,784 --> 00:35:20,383 - No, an issue of do the homework or-- 817 00:35:20,385 --> 00:35:23,153 - No, no, no. - --Do the chores? 818 00:35:23,155 --> 00:35:25,288 October 2011, 819 00:35:25,290 --> 00:35:26,723 How were things with you and tandy? 820 00:35:26,725 --> 00:35:28,925 - Things were great between tandy and I. 821 00:35:28,927 --> 00:35:30,059 - But not boyfriend girlfriend? 822 00:35:30,061 --> 00:35:31,728 - Not boyfriend and girlfriend. 823 00:35:31,730 --> 00:35:33,263 - Did you want to get back with tandy? 824 00:35:33,265 --> 00:35:34,497 - No. 825 00:35:34,499 --> 00:35:36,366 - Did you have a key to her house still? 826 00:35:36,368 --> 00:35:38,234 - No, I didn't. 827 00:35:38,236 --> 00:35:40,069 - And by this point, nick and his lawyer 828 00:35:40,071 --> 00:35:42,405 Had also seen that sideline video 829 00:35:42,407 --> 00:35:45,208 Police had shot of nick the night after the murder. 830 00:35:45,210 --> 00:35:47,343 To them, it was eye opening. 831 00:35:47,345 --> 00:35:49,746 They said it didn't show what police said it did: 832 00:35:49,748 --> 00:35:51,447 A significant limp. 833 00:35:51,449 --> 00:35:53,349 - Uh, that turned out to be untrue. 834 00:35:53,351 --> 00:35:56,419 - Watch as nick strides off the field at halftime. 835 00:35:56,421 --> 00:35:59,022 He doesn't appear to be limping at all. 836 00:35:59,024 --> 00:36:01,191 - I had no limp. 837 00:36:01,193 --> 00:36:04,527 I was myself that night on the sideline, 838 00:36:04,529 --> 00:36:07,030 With the exception of a heavy heart 839 00:36:07,032 --> 00:36:09,866 Because of what had happened to garrett. 840 00:36:11,203 --> 00:36:13,503 - And like the soccer champions they were, 841 00:36:13,505 --> 00:36:15,905 Nick and mani were not only playing defense, 842 00:36:15,907 --> 00:36:18,041 They went on offense too, 843 00:36:18,043 --> 00:36:19,842 Blasting police for what nick says 844 00:36:19,844 --> 00:36:21,711 They did to him at the station. 845 00:36:21,713 --> 00:36:23,513 - A man was treated like an animal, 846 00:36:23,515 --> 00:36:26,316 And that's not allowed in the united states. 847 00:36:26,318 --> 00:36:28,451 - So they vowed to sue the village of potsdam 848 00:36:28,453 --> 00:36:29,886 And its police department 849 00:36:29,888 --> 00:36:32,255 For violating nick's civil rights. 850 00:36:32,257 --> 00:36:34,924 - We live in a country where, when rights are violated, 851 00:36:34,926 --> 00:36:36,860 Citizens can stay silent 852 00:36:36,862 --> 00:36:39,362 And continue to have those rights violated, 853 00:36:39,364 --> 00:36:41,130 Or you can stand up. 854 00:36:41,132 --> 00:36:42,999 - Coming up, 855 00:36:43,001 --> 00:36:45,602 A startling new videotape clue: 856 00:36:45,604 --> 00:36:47,670 Garrett on his way home. 857 00:36:47,672 --> 00:36:51,207 And whose suv was that seeming to follow him? 858 00:36:51,209 --> 00:36:54,010 - Is that nick hillary in his car, 859 00:36:54,012 --> 00:36:55,545 In that parking lot? 860 00:36:55,547 --> 00:36:58,448 - When "dateline: Secrets uncovered" continues. 861 00:37:07,625 --> 00:37:11,261 - A little boy was dead, and potsdam was in mourning. 862 00:37:11,263 --> 00:37:13,663 Schools emptied out for a memorial service 863 00:37:13,665 --> 00:37:15,832 For garrett phillips, that sixth grader 864 00:37:15,834 --> 00:37:19,102 So exuberant in his twelve years of life. 865 00:37:19,104 --> 00:37:22,605 Then, later that week, the funeral at this church. 866 00:37:22,607 --> 00:37:25,942 For his mother tandy, it was all a blur. 867 00:37:25,944 --> 00:37:29,579 - I remember being at the church. 868 00:37:29,581 --> 00:37:33,850 I remember being at the funeral home. 869 00:37:33,852 --> 00:37:36,586 Um... 870 00:37:36,588 --> 00:37:40,090 It was just a lot of people. 871 00:37:41,293 --> 00:37:43,426 - Garrett was laid to rest in the nearby town 872 00:37:43,428 --> 00:37:45,195 Where his mother grew up. 873 00:37:45,197 --> 00:37:48,331 He's buried next to the father he barely knew. 874 00:37:48,333 --> 00:37:50,733 - Is it true that you buried him with the ripstik? 875 00:37:50,735 --> 00:37:52,869 - Yes. 876 00:37:52,871 --> 00:37:54,871 - That was mom's decision? 877 00:37:54,873 --> 00:37:56,939 What do you think that says about 878 00:37:56,941 --> 00:37:59,609 Who that little boy was? 879 00:37:59,611 --> 00:38:00,910 - Well, that and his lacrosse stick 880 00:38:00,912 --> 00:38:04,414 Were his most prized possessions, 881 00:38:04,416 --> 00:38:07,050 So I wanted him to have them. 882 00:38:08,653 --> 00:38:10,287 - She said goodbye to her boy, 883 00:38:10,289 --> 00:38:12,622 But now as police continued to zero in 884 00:38:12,624 --> 00:38:13,956 On nick hillary, 885 00:38:13,958 --> 00:38:16,159 She hoped to get answers for him. 886 00:38:16,161 --> 00:38:17,727 - Did you know that they had brought nick in 887 00:38:17,729 --> 00:38:18,961 For questioning? 888 00:38:18,963 --> 00:38:19,962 - Yes. 889 00:38:19,964 --> 00:38:20,830 - Do you think there's gonna be an arrest 890 00:38:20,832 --> 00:38:22,098 At that point, tandy? 891 00:38:22,100 --> 00:38:24,801 - I had thought there was going to be one very quickly. 892 00:38:24,803 --> 00:38:26,803 - But nick hillary was just as adamant 893 00:38:26,805 --> 00:38:28,705 He was an innocent man. 894 00:38:28,707 --> 00:38:30,106 "hounded", he claims, 895 00:38:30,108 --> 00:38:33,042 By a blinkered rush-to-judgment investigation 896 00:38:33,044 --> 00:38:34,711 That didn't turn up any evidence 897 00:38:34,713 --> 00:38:36,713 Because he didn't do it. 898 00:38:36,715 --> 00:38:39,082 - Why did they believe that you were their person of interest? 899 00:38:39,084 --> 00:38:40,683 - I wish I knew. 900 00:38:40,685 --> 00:38:43,052 - Police were trying to make a case against him. 901 00:38:43,054 --> 00:38:44,721 Though in the months that followed, 902 00:38:44,723 --> 00:38:47,257 Search warrants on nick's home, phone, and car 903 00:38:47,259 --> 00:38:48,992 Yielded nothing. 904 00:38:48,994 --> 00:38:51,094 Forensics came back and did not match nick 905 00:38:51,096 --> 00:38:52,862 For hair or fibers. 906 00:38:52,864 --> 00:38:55,898 Techs did find fingerprints around that pushed out window, 907 00:38:55,900 --> 00:38:58,601 But they matched no one known to the case. 908 00:38:58,603 --> 00:39:01,137 And the imprint in the slushy grass below? 909 00:39:01,139 --> 00:39:02,339 Useless. 910 00:39:02,341 --> 00:39:04,440 Even initial tests on dna scrapings 911 00:39:04,442 --> 00:39:06,275 Taken beneath the boy's fingernail 912 00:39:06,277 --> 00:39:08,311 Proved inconclusive. 913 00:39:08,313 --> 00:39:10,480 And what's more, two people were vouching 914 00:39:10,482 --> 00:39:11,881 For nick's whereabouts 915 00:39:11,883 --> 00:39:13,883 Around the time of the murder. 916 00:39:13,885 --> 00:39:16,886 - I was with my-my daughter and my assistant coach 917 00:39:16,888 --> 00:39:18,287 During this time period. 918 00:39:18,289 --> 00:39:20,623 - So they are, what they call in criminal investigations, 919 00:39:20,625 --> 00:39:21,824 Your alibi witnesses. 920 00:39:21,826 --> 00:39:23,426 - Exactly. 921 00:39:23,428 --> 00:39:25,828 - Nick's teenage daughter would say in a deposition, 922 00:39:25,830 --> 00:39:27,964 That her dad was with her at their apartment 923 00:39:27,966 --> 00:39:31,968 Here on leroy street from 5:00 to 5:15 p.M. 924 00:39:31,970 --> 00:39:34,303 Assistant coach fairlie said nick came to his house 925 00:39:34,305 --> 00:39:37,307 Here on garden street around 5:21. 926 00:39:37,309 --> 00:39:39,542 Their accounts would seem to make it impossible 927 00:39:39,544 --> 00:39:41,411 For nick to have been here on market street 928 00:39:41,413 --> 00:39:44,480 About 5:00 p.M. When garrett was being attacked. 929 00:39:44,482 --> 00:39:47,183 - There were no arrests, there was no grand jury, 930 00:39:47,185 --> 00:39:48,918 There's no indictments, there's nothing. 931 00:39:48,920 --> 00:39:51,721 Um, they really were kind of at-at, um, 932 00:39:51,723 --> 00:39:53,389 At their wits end in a sense. 933 00:39:53,391 --> 00:39:56,393 - Police did pull up security video around potsdam, 934 00:39:56,395 --> 00:39:58,361 And they noticed a car that looked like 935 00:39:58,363 --> 00:40:00,129 Nick's honda cr-v 936 00:40:00,131 --> 00:40:01,998 Creeping through the high school parking lot 937 00:40:02,000 --> 00:40:05,067 Around the time garrett was to skate by. 938 00:40:05,069 --> 00:40:06,803 But the camera shots were too far away 939 00:40:06,805 --> 00:40:09,138 To I.D. Plates or the driver. 940 00:40:09,140 --> 00:40:12,008 Despite the continuing lack of hard, physical evidence 941 00:40:12,010 --> 00:40:14,377 Against him, in the court of public opinion, 942 00:40:14,379 --> 00:40:16,479 Nick was a marked man. 943 00:40:16,481 --> 00:40:18,548 - Being out and about in the community, 944 00:40:18,550 --> 00:40:20,683 Fingers are being pointed, 945 00:40:20,685 --> 00:40:24,120 Conversations are being whispered, 946 00:40:24,122 --> 00:40:26,889 People will drive past our house 947 00:40:26,891 --> 00:40:30,026 And call me a murderer. 948 00:40:30,028 --> 00:40:33,830 My house has been egged. 949 00:40:33,832 --> 00:40:36,032 - That's something he maintains to this day, 950 00:40:36,034 --> 00:40:38,401 That he has been made a pariah in that community, 951 00:40:38,403 --> 00:40:40,136 Which he felt a part of. 952 00:40:40,138 --> 00:40:41,571 - This black male being singled out 953 00:40:41,573 --> 00:40:43,239 In this mostly white part of the world? 954 00:40:43,241 --> 00:40:45,842 - Absolutely. And I think to some extent, 955 00:40:45,844 --> 00:40:48,711 Nick's case fits into that narrative. 956 00:40:48,713 --> 00:40:52,315 Um, of a-of a black man falsely accused. 957 00:40:52,317 --> 00:40:55,117 - But unlike the stalled criminal investigation, 958 00:40:55,119 --> 00:40:56,819 Nick's lawyer, mani tafari, 959 00:40:56,821 --> 00:40:58,721 Was moving ahead with the civil lawsuit 960 00:40:58,723 --> 00:41:02,058 Against lieutenant murray and the potsdam police. 961 00:41:02,060 --> 00:41:04,861 A suit filed for detaining nick all day, 962 00:41:04,863 --> 00:41:06,062 Without arresting him, 963 00:41:06,064 --> 00:41:07,897 And, allegedly, degrading him 964 00:41:07,899 --> 00:41:10,566 By taking photographs of him naked. 965 00:41:10,568 --> 00:41:13,102 - Mr. Hillary could have held his head down 966 00:41:13,104 --> 00:41:15,271 And ran away. 967 00:41:15,273 --> 00:41:17,740 He believes in civil rights. 968 00:41:17,742 --> 00:41:19,942 Um, he believes in his rights as a man, 969 00:41:19,944 --> 00:41:21,544 And he's gonna stand up for those rights. 970 00:41:21,546 --> 00:41:23,913 - I did not violate his rights in any way, shape, or form. 971 00:41:23,915 --> 00:41:26,749 I executed a lawful search warrant of his person 972 00:41:26,751 --> 00:41:28,951 While he was, uh, at our station. 973 00:41:28,953 --> 00:41:31,220 - Lieutenant murray and the potsdam police department 974 00:41:31,222 --> 00:41:33,789 Deny the allegations in the civil suit, 975 00:41:33,791 --> 00:41:35,658 And potsdam's insurance company 976 00:41:35,660 --> 00:41:38,427 Hired tom mortati to defend the police. 977 00:41:38,429 --> 00:41:41,130 Believing that the best defense is a good offense, 978 00:41:41,132 --> 00:41:43,299 Mortati decided to turn the tables 979 00:41:43,301 --> 00:41:45,234 On nick and his lawyer. 980 00:41:45,236 --> 00:41:46,502 - So what's your strategy? 981 00:41:46,504 --> 00:41:49,505 - To prove that nick killed garrett phillips. 982 00:41:49,507 --> 00:41:51,240 - And therefore your clients, the cops, 983 00:41:51,242 --> 00:41:53,443 Were justified in doing everything they did 984 00:41:53,445 --> 00:41:55,411 That he thought was a deprivation of his rights? 985 00:41:55,413 --> 00:41:56,879 - Bottom line, yes. 986 00:41:56,881 --> 00:41:58,781 - A preliminary step in these cases 987 00:41:58,783 --> 00:42:00,850 Before the lawsuit is actually filed, 988 00:42:00,852 --> 00:42:03,519 Is a preceding called a 50-h hearing, 989 00:42:03,521 --> 00:42:06,322 In which the defense attorney, in this case tom, 990 00:42:06,324 --> 00:42:08,791 Gets to question the plaintiff, nick hillary. 991 00:42:08,793 --> 00:42:09,992 - Does he have to answer? 992 00:42:09,994 --> 00:42:13,196 - No, he can assert his fifth amendment privilege. 993 00:42:13,198 --> 00:42:16,365 - April 2012, tom purposefully picked 994 00:42:16,367 --> 00:42:18,267 A nondescript conference room 995 00:42:18,269 --> 00:42:21,737 In potsdam's municipal building for nick's deposition. 996 00:42:21,739 --> 00:42:23,873 He chose not to videotape it. 997 00:42:23,875 --> 00:42:25,308 - I wanted to keep it low key, 998 00:42:25,310 --> 00:42:27,076 'cause in the event he's talking, 999 00:42:27,078 --> 00:42:28,544 I want him to keep talking. 1000 00:42:28,546 --> 00:42:29,579 - How did it go? 1001 00:42:29,581 --> 00:42:31,347 - Well... [sighing] 1002 00:42:31,349 --> 00:42:33,349 Mr. Hillary was talking. 1003 00:42:33,351 --> 00:42:35,284 - Tom's main goal was to get nick to admit 1004 00:42:35,286 --> 00:42:36,485 That he was in the car 1005 00:42:36,487 --> 00:42:39,021 Seen on that security camera video. 1006 00:42:39,023 --> 00:42:41,591 Up until then, police had suspicions, 1007 00:42:41,593 --> 00:42:42,892 But no proof. 1008 00:42:42,894 --> 00:42:45,094 - Unlike the movies, you can't zoom in on the license plate 1009 00:42:45,096 --> 00:42:47,229 Or let's-let's zoom in on the guy's eyeglasses 1010 00:42:47,231 --> 00:42:49,198 And oh, that's-that's so and so behind the wheel. 1011 00:42:49,200 --> 00:42:50,666 It doesn't work that way. 1012 00:42:50,668 --> 00:42:54,037 So the number one question at that time was 1013 00:42:54,039 --> 00:42:57,373 Is that nick hillary in his car 1014 00:42:57,375 --> 00:42:58,708 In that parking lot? 1015 00:42:58,710 --> 00:43:01,043 - So tom asked a series of questions, 1016 00:43:01,045 --> 00:43:04,246 And to his surprise, nick readily answered them. 1017 00:43:04,248 --> 00:43:08,284 - Mr. Hillary, at any point on October 24th of 2011, 1018 00:43:08,286 --> 00:43:10,320 Were you at potsdam high school? 1019 00:43:10,322 --> 00:43:11,520 - Yes. 1020 00:43:11,522 --> 00:43:13,589 - How did you get there? - I drove. 1021 00:43:13,591 --> 00:43:16,059 - Did you drive the honda? - Yes. 1022 00:43:16,061 --> 00:43:18,027 - And why was nick at the high school 1023 00:43:18,029 --> 00:43:20,062 On that rainy day? 1024 00:43:20,064 --> 00:43:22,465 He said it was to watch a soccer game. 1025 00:43:22,467 --> 00:43:24,467 But notice the yellow school bus. 1026 00:43:24,469 --> 00:43:26,369 It's blocking his view. 1027 00:43:27,272 --> 00:43:29,105 - His vision of the soccer field is obscured 1028 00:43:29,107 --> 00:43:32,208 By a giant yellow school bus, the concession stand, 1029 00:43:32,210 --> 00:43:33,776 And the stands next to the field. 1030 00:43:33,778 --> 00:43:36,045 You can't see the soccer field. 1031 00:43:36,047 --> 00:43:37,547 - Coming up. 1032 00:43:37,549 --> 00:43:39,382 An admission under oath. 1033 00:43:39,384 --> 00:43:41,817 - He didn't take the fifth and the police are-are ecstatic 1034 00:43:41,819 --> 00:43:42,952 With what we've got. 1035 00:43:42,954 --> 00:43:43,919 - And... 1036 00:43:43,921 --> 00:43:45,287 - It was the thing I had prayed for. 1037 00:43:45,289 --> 00:43:47,657 - Make way for a new da. 1038 00:43:47,659 --> 00:43:48,891 - She was gonna do everything she could 1039 00:43:48,893 --> 00:43:51,260 To bring justice for garrett. 1040 00:43:51,262 --> 00:43:54,130 - When "dateline: Secrets uncovered" continues. 1041 00:44:01,972 --> 00:44:04,440 - Welcome back to "dateline: Secrets uncovered". 1042 00:44:04,442 --> 00:44:05,841 I'm kate snow. 1043 00:44:05,843 --> 00:44:08,344 Investigators were convinced nick hillary 1044 00:44:08,346 --> 00:44:10,212 Murdered garrett phillips, 1045 00:44:10,214 --> 00:44:13,416 But had no hard evidence tying him to the crime. 1046 00:44:13,418 --> 00:44:15,851 Now, nick was suing police, 1047 00:44:15,853 --> 00:44:18,521 Claiming they'd violated his civil rights. 1048 00:44:18,523 --> 00:44:20,656 In sworn testimony, the suspect did 1049 00:44:20,658 --> 00:44:22,358 What the cops could not, 1050 00:44:22,360 --> 00:44:24,661 He placed himself near garrett 1051 00:44:24,663 --> 00:44:26,595 Shortly before the murder. 1052 00:44:26,597 --> 00:44:29,165 But if you think nick was about to be arrested, 1053 00:44:29,167 --> 00:44:30,533 Think again. 1054 00:44:30,535 --> 00:44:32,935 Back to dennis murphy with "the accused". 1055 00:44:34,405 --> 00:44:36,338 - Attorney tom mortati was defending 1056 00:44:36,340 --> 00:44:39,075 The potsdam police department in a civil lawsuit 1057 00:44:39,077 --> 00:44:41,577 Brought by nick hillary. 1058 00:44:41,579 --> 00:44:43,412 At a preliminary hearing, 1059 00:44:43,414 --> 00:44:46,382 Nick had just confirmed that it was him in this car 1060 00:44:46,384 --> 00:44:49,885 Seen on security camera video at the high school. 1061 00:44:49,887 --> 00:44:52,021 Nick said he was there to watch a game. 1062 00:44:52,023 --> 00:44:53,222 But in the footage, 1063 00:44:53,224 --> 00:44:55,391 A school bus seems to block his view. 1064 00:44:56,961 --> 00:45:00,362 The honda slowly moves, settling into this parking spot, 1065 00:45:00,364 --> 00:45:02,364 Red taillights on. 1066 00:45:02,366 --> 00:45:05,201 But from there, nick still can't see the game, 1067 00:45:05,203 --> 00:45:07,904 Nor does he try to get a closer look. 1068 00:45:07,906 --> 00:45:09,338 - He never gets out of his car, 1069 00:45:09,340 --> 00:45:11,240 He never shuts the vehicle off. 1070 00:45:11,242 --> 00:45:13,375 - So why was he really there? 1071 00:45:13,377 --> 00:45:17,246 The answer, according to tom, was about to skate into view. 1072 00:45:17,248 --> 00:45:19,715 At 4:52 p.M., here comes garrett 1073 00:45:19,717 --> 00:45:21,584 At the bottom of the screen, 1074 00:45:21,586 --> 00:45:23,753 Cruising down the sidewalk on his ripstik, 1075 00:45:23,755 --> 00:45:26,388 Blissfully unaware that in just a few minutes 1076 00:45:26,390 --> 00:45:29,659 He'll be viciously attacked and left for dead. 1077 00:45:29,661 --> 00:45:31,894 After about sixteen seconds on camera, 1078 00:45:31,896 --> 00:45:33,629 He skates out of frame, 1079 00:45:33,631 --> 00:45:36,198 Turning left on his way home. 1080 00:45:36,200 --> 00:45:37,800 - Nick's brake lights come on 1081 00:45:37,802 --> 00:45:40,035 Within a second of garrett going out of view, 1082 00:45:40,037 --> 00:45:42,338 And he backs his vehicle out. 1083 00:45:42,340 --> 00:45:44,940 - But nick did not admit to following garrett. 1084 00:45:44,942 --> 00:45:47,076 He didn't admit to even seeing garrett. 1085 00:45:47,078 --> 00:45:49,946 Instead he told tom, "I went home. 1086 00:45:49,948 --> 00:45:52,848 "I went straight home. I didn't stop anywhere else." 1087 00:45:52,850 --> 00:45:55,151 - Which nick acknowledged, should be with a right turn 1088 00:45:55,153 --> 00:45:56,685 Out of the parking lot. 1089 00:45:56,687 --> 00:45:59,288 But when his honda reached the "t" intersection, 1090 00:45:59,290 --> 00:46:02,759 A crossroads for this case, nick didn't go right. 1091 00:46:02,761 --> 00:46:04,426 Instead, he turned left, 1092 00:46:04,428 --> 00:46:07,430 Going in the same direction as garrett. 1093 00:46:07,432 --> 00:46:09,431 Six months after garrett's death, 1094 00:46:09,433 --> 00:46:11,400 This civil lawyer had breathed new life 1095 00:46:11,402 --> 00:46:13,703 Into a dormant murder investigation, 1096 00:46:13,705 --> 00:46:16,506 Extracting what seemed like powerful new evidence 1097 00:46:16,508 --> 00:46:18,307 From the prime suspect. 1098 00:46:18,309 --> 00:46:20,843 - He didn't take the fifth, and the police are-are ecstatic 1099 00:46:20,845 --> 00:46:22,512 With what we've got. 1100 00:46:23,448 --> 00:46:26,382 - But the person he needed to convince was nicole duve, 1101 00:46:26,384 --> 00:46:29,718 The then-district attorney for st. Lawrence county. 1102 00:46:29,720 --> 00:46:32,922 So tom sent her the transcript of nick's deposition, 1103 00:46:32,924 --> 00:46:35,424 Wherein nick admits to being in his car 1104 00:46:35,426 --> 00:46:36,926 In the high school parking lot, 1105 00:46:36,928 --> 00:46:39,161 Which police said seemed to be tailing garrett 1106 00:46:39,163 --> 00:46:41,597 Shortly before he was killed. 1107 00:46:41,599 --> 00:46:44,266 But the da said it still wasn't enough. 1108 00:46:44,268 --> 00:46:46,135 - She believed that there was simply 1109 00:46:46,137 --> 00:46:49,605 Not enough evidence to-to convict nick hillary, 1110 00:46:49,607 --> 00:46:50,806 Let-let alone arrest him. 1111 00:46:50,808 --> 00:46:51,807 - Not a winnable case? 1112 00:46:51,809 --> 00:46:53,209 - Not a winnable case. 1113 00:46:53,211 --> 00:46:56,478 - The da met with tandy and told her the same thing. 1114 00:46:56,480 --> 00:46:59,482 - She used, uh, like a scale as an example, 1115 00:46:59,484 --> 00:47:01,217 And it was one little pebble at a time, 1116 00:47:01,219 --> 00:47:03,319 And that they just didn't have enough yet. 1117 00:47:03,321 --> 00:47:05,087 - She couldn't get enough pebbles to tilt it this way? 1118 00:47:05,089 --> 00:47:06,289 - Right. 1119 00:47:08,025 --> 00:47:10,426 - The case went into a deep freeze, 1120 00:47:10,428 --> 00:47:12,428 And it seemed like it might stay there. 1121 00:47:12,430 --> 00:47:14,263 - In that town, this sort of crime 1122 00:47:14,265 --> 00:47:18,434 Is so out of the ordinary, so unheard of, 1123 00:47:18,436 --> 00:47:19,969 That the fact that they were not able 1124 00:47:19,971 --> 00:47:22,905 To find someone quickly, and make a case quickly, 1125 00:47:22,907 --> 00:47:25,708 And convict them quickly, and put this behind them, 1126 00:47:25,710 --> 00:47:27,376 Has been enormously frustrating. 1127 00:47:27,378 --> 00:47:28,577 - Tandy, frustration, 1128 00:47:28,579 --> 00:47:30,146 What is your word about how you feel? 1129 00:47:31,749 --> 00:47:34,283 - I don't know if I can say it on camera. 1130 00:47:34,285 --> 00:47:38,721 Just, the level of frustration is-- 1131 00:47:38,723 --> 00:47:40,656 There's no words really. 1132 00:47:42,327 --> 00:47:44,260 - Out of frustration and sorrow, 1133 00:47:44,262 --> 00:47:46,962 Garrett's family, led by his uncle brian, 1134 00:47:46,964 --> 00:47:48,865 Put up "justice for garrett" signs 1135 00:47:48,867 --> 00:47:50,833 All over the county. 1136 00:47:50,835 --> 00:47:52,568 The message from a smiling garrett 1137 00:47:52,570 --> 00:47:56,205 Was both subtle and direct: Do the right thing. 1138 00:47:56,207 --> 00:47:58,340 - Brian was very close with-with 1139 00:47:58,342 --> 00:48:00,610 His brother robbie, garrett's dad. 1140 00:48:00,612 --> 00:48:03,145 Um, so he lost robbie, 1141 00:48:03,147 --> 00:48:06,215 Um, and then losing garrett the way that we did, 1142 00:48:06,217 --> 00:48:09,151 Um, brian's never stopped. 1143 00:48:09,153 --> 00:48:10,819 - He wouldn't let this become a cold case? 1144 00:48:10,821 --> 00:48:12,255 - Never. 1145 00:48:14,425 --> 00:48:17,393 - And then in 2013, mary rain, 1146 00:48:17,395 --> 00:48:19,395 A former cop and public defender, 1147 00:48:19,397 --> 00:48:21,964 Decided to run for district attorney. 1148 00:48:21,966 --> 00:48:23,365 - Politics has raised its head here. 1149 00:48:23,367 --> 00:48:26,635 - Absolutely, and her-her prime campaign theme, 1150 00:48:26,637 --> 00:48:28,837 If you will, is there's a murderer running around 1151 00:48:28,839 --> 00:48:30,640 And nobody's done anything about it. 1152 00:48:30,642 --> 00:48:32,375 - The only thing I would promise is, 1153 00:48:32,377 --> 00:48:34,377 That would be my top agenda 1154 00:48:34,379 --> 00:48:36,912 As soon as I got into office. 1155 00:48:36,914 --> 00:48:38,915 So I spoke with tandy the next day, 1156 00:48:38,917 --> 00:48:40,616 And we talked for about two hours. 1157 00:48:40,618 --> 00:48:41,784 - You didn't promise her results, 1158 00:48:41,786 --> 00:48:43,852 You promised her your professional interest? 1159 00:48:43,854 --> 00:48:45,321 - Exactly, I promised her I would put 1160 00:48:45,323 --> 00:48:47,156 A lot of work and energy into it. 1161 00:48:47,158 --> 00:48:49,925 - Tandy took to the stump to campaign for mary. 1162 00:48:49,927 --> 00:48:51,393 - She was interested in your case? 1163 00:48:51,395 --> 00:48:52,661 - Yes. - Passionate about it? 1164 00:48:52,663 --> 00:48:53,729 - Very. 1165 00:48:53,731 --> 00:48:56,465 She was gonna do everything she could 1166 00:48:56,467 --> 00:48:59,068 To bring justice for garrett. 1167 00:49:00,371 --> 00:49:02,371 - Ten days before election day, 1168 00:49:02,373 --> 00:49:04,907 Mary knew she still had ground to make up 1169 00:49:04,909 --> 00:49:07,609 If she had any hope of becoming the new da. 1170 00:49:07,611 --> 00:49:08,777 - And you needed something. 1171 00:49:08,779 --> 00:49:11,613 - You know, help from up above, that never hurts. 1172 00:49:11,615 --> 00:49:14,283 - She calls it her campaign miracle. 1173 00:49:14,285 --> 00:49:16,085 - I was in church one morning, 1174 00:49:16,087 --> 00:49:17,686 I sat there and I said, you know, 1175 00:49:17,688 --> 00:49:19,188 "god, I need some help." 1176 00:49:19,190 --> 00:49:20,789 - And help came that same day, 1177 00:49:20,791 --> 00:49:23,058 When according to tandy, the incumbent da, 1178 00:49:23,060 --> 00:49:24,526 While out campaigning, 1179 00:49:24,528 --> 00:49:26,829 Unwittingly walked up to her house. 1180 00:49:26,831 --> 00:49:28,965 - She had no idea that she was doorbelling-- 1181 00:49:28,967 --> 00:49:30,566 - Well, she looked-- - --the mother of the boy. 1182 00:49:30,568 --> 00:49:32,801 - Yeah, she saw my sign in the-in the yard 1183 00:49:32,803 --> 00:49:34,803 And she was trying to change their minds, 1184 00:49:34,805 --> 00:49:36,839 Or their opinions to vote for her, 1185 00:49:36,841 --> 00:49:38,841 And then she realized where she was 1186 00:49:38,843 --> 00:49:40,710 And she left. 1187 00:49:40,712 --> 00:49:43,512 - Tandy was incensed because she said the da refused 1188 00:49:43,514 --> 00:49:45,514 An invitation to speak with her, 1189 00:49:45,516 --> 00:49:47,750 And instead just walked away. 1190 00:49:47,752 --> 00:49:50,052 Tandy took to facebook to vent. 1191 00:49:50,054 --> 00:49:51,754 - "someone just paid a visit to my house 1192 00:49:51,756 --> 00:49:53,789 That left me feeling like my family 1193 00:49:53,791 --> 00:49:55,891 Is very unimportant." 1194 00:49:55,893 --> 00:49:58,394 - How did it feel to hit send? 1195 00:49:58,396 --> 00:49:59,762 - Good and a little scary. 1196 00:49:59,764 --> 00:50:01,897 I'm not the type to rant on facebook, 1197 00:50:01,899 --> 00:50:05,768 I generally stay away from the-the drama side of it. 1198 00:50:05,770 --> 00:50:07,870 But I was angry. 1199 00:50:07,872 --> 00:50:09,505 - And once I read that facebook post, 1200 00:50:09,507 --> 00:50:12,141 I thought, "who does that?" 1201 00:50:12,143 --> 00:50:14,276 And I immediately private messaged tandy 1202 00:50:14,278 --> 00:50:16,211 And I said, "this just makes me cry." 1203 00:50:16,213 --> 00:50:19,014 And she said, "there is no crying." 1204 00:50:19,016 --> 00:50:21,784 But that's hard to get past. 1205 00:50:21,786 --> 00:50:23,819 - Tandy let mary repost the incident 1206 00:50:23,821 --> 00:50:25,421 To her facebook friends, 1207 00:50:25,423 --> 00:50:27,423 And from there, it went viral. 1208 00:50:27,425 --> 00:50:29,391 - It was the thing I had prayed for. 1209 00:50:29,393 --> 00:50:31,560 - A big newsflash in the county. 1210 00:50:31,562 --> 00:50:33,362 - Kind of a political stumble, you know. 1211 00:50:33,364 --> 00:50:35,297 It makes nicole duve look like 1212 00:50:35,299 --> 00:50:37,366 She didn't have a handle on things. 1213 00:50:37,368 --> 00:50:40,369 If-if she didn't even know where the victim's mother lived, 1214 00:50:40,371 --> 00:50:42,338 How could she find the victim's killer? 1215 00:50:43,441 --> 00:50:45,774 - On election night, the voters spoke. 1216 00:50:45,776 --> 00:50:47,543 Mary rain came from behind 1217 00:50:47,545 --> 00:50:51,713 To win the da's job 52% to 48%. 1218 00:50:51,715 --> 00:50:53,549 The two potsdam voters with perhaps 1219 00:50:53,551 --> 00:50:55,851 The greatest rooting interest in the outcome, 1220 00:50:55,853 --> 00:50:57,586 Had opposite reactions. 1221 00:50:57,588 --> 00:50:59,755 - I felt relief. 1222 00:51:01,592 --> 00:51:05,394 Um, I felt like something was finally going to happen. 1223 00:51:05,396 --> 00:51:07,730 - I was alarmed a little bit, 1224 00:51:07,732 --> 00:51:10,065 Not surprised. 1225 00:51:10,067 --> 00:51:11,600 - The new da, as promised, 1226 00:51:11,602 --> 00:51:14,770 Immediately plunged into this confounding case. 1227 00:51:14,772 --> 00:51:16,939 And she'd soon get lucky again, 1228 00:51:16,941 --> 00:51:19,975 And come up with something her predecessor never had: 1229 00:51:19,977 --> 00:51:23,279 The prime suspect under oath, but this time on video. 1230 00:51:25,316 --> 00:51:26,816 - Coming up, 1231 00:51:26,818 --> 00:51:29,017 Nick hillary's hazy memory. 1232 00:51:29,019 --> 00:51:30,619 - I cannot recall. 1233 00:51:30,621 --> 00:51:32,688 I cannot recall. I cannot recall. 1234 00:51:32,690 --> 00:51:33,989 - People remember why they broke up 1235 00:51:33,991 --> 00:51:35,324 With their high school girlfriend. 1236 00:51:35,326 --> 00:51:38,694 You can't remember why this relationship broke up? 1237 00:51:38,696 --> 00:51:40,629 - Investigators wanted to know 1238 00:51:40,631 --> 00:51:42,898 Did he have something to hide? 1239 00:51:42,900 --> 00:51:45,101 - Can you describe for me your relationship with garrett 1240 00:51:45,103 --> 00:51:46,702 Up and to the point in time where 1241 00:51:46,704 --> 00:51:48,804 You and ms., uh, cyrus broke up? 1242 00:51:48,806 --> 00:51:49,905 - Objection, relevance. 1243 00:51:49,907 --> 00:51:51,507 - Do you know if garrett liked you? 1244 00:51:52,910 --> 00:51:54,710 - He never said he disliked me. 1245 00:51:54,712 --> 00:51:57,980 - When "dateline: Secrets uncovered" continues. 1246 00:52:07,857 --> 00:52:10,192 - Mary rain took office as the county's new da 1247 00:52:10,194 --> 00:52:12,728 In January 2014. 1248 00:52:12,730 --> 00:52:14,597 And the first file she cracked open, 1249 00:52:14,599 --> 00:52:16,565 As she'd promised in the campaign, 1250 00:52:16,567 --> 00:52:18,433 Was the garrett phillips case. 1251 00:52:18,435 --> 00:52:21,003 - And I'm disheartened to see a folder, 1252 00:52:21,005 --> 00:52:23,105 A lone folder sitting in the office, 1253 00:52:23,107 --> 00:52:25,141 Which is about this thick. 1254 00:52:25,143 --> 00:52:27,676 And I realize, "this is a murder investigation. 1255 00:52:27,678 --> 00:52:29,378 It's deficient." 1256 00:52:29,380 --> 00:52:32,214 - But the file was about to get a huge addition. 1257 00:52:32,216 --> 00:52:34,082 Tom mortati was just weeks away 1258 00:52:34,084 --> 00:52:36,318 From putting nick hillary under oath again 1259 00:52:36,320 --> 00:52:39,221 In the civil lawsuit nick brought against police. 1260 00:52:39,223 --> 00:52:42,157 - I prayed honestly, um, for some guidance 1261 00:52:42,159 --> 00:52:44,226 And to-to just to be able to do my job 1262 00:52:44,228 --> 00:52:46,195 And to help in whatever way that I can. 1263 00:52:47,798 --> 00:52:49,932 - This time, lieutenant murray and his chief, 1264 00:52:49,934 --> 00:52:52,301 Who both happened to be defendants in the lawsuit, 1265 00:52:52,303 --> 00:52:54,469 Would be sitting in on the deposition, 1266 00:52:54,471 --> 00:52:57,372 Taking notes for their criminal investigation. 1267 00:52:57,374 --> 00:52:59,308 And nick would be on video. 1268 00:52:59,310 --> 00:53:00,742 - How are you going to advance your story? 1269 00:53:00,744 --> 00:53:01,843 What's the strategy? 1270 00:53:01,845 --> 00:53:04,446 - Well, I want him to reaffirm all of the things 1271 00:53:04,448 --> 00:53:06,481 That he's previously told me under oath. 1272 00:53:06,483 --> 00:53:08,116 - Yes, that is my car. I'm driving it. 1273 00:53:08,118 --> 00:53:10,352 - Right, I want him to be saying it on camera, 1274 00:53:10,354 --> 00:53:12,621 Because the whole purpose of videotaping this 1275 00:53:12,623 --> 00:53:15,290 Had nothing to do with the civil case at all. 1276 00:53:15,292 --> 00:53:17,793 This is totally about this video 1277 00:53:17,795 --> 00:53:20,128 Is going to be played in front of a grand jury someday 1278 00:53:20,130 --> 00:53:22,798 And a criminal jury someday. 1279 00:53:22,800 --> 00:53:24,800 - Acting as de facto prosecutor, 1280 00:53:24,802 --> 00:53:26,935 Tom would be mary rain's best chance 1281 00:53:26,937 --> 00:53:28,938 To get justice for garrett. 1282 00:53:28,940 --> 00:53:30,472 - Good morning, mr. Hillary-- 1283 00:53:30,474 --> 00:53:33,075 - Tom, heard off camera, asked the questions. 1284 00:53:33,077 --> 00:53:36,245 Nick hillary's attorney, mani tafari, also off camera, 1285 00:53:36,247 --> 00:53:39,348 Was raising objections to protect an appeal. 1286 00:53:39,350 --> 00:53:43,018 Still, nick did go on to answer almost everything. 1287 00:53:43,020 --> 00:53:44,687 - At some point did that relationship 1288 00:53:44,689 --> 00:53:46,622 That you had with ms. Cyrus end? 1289 00:53:46,624 --> 00:53:47,890 - Objection, relevance. 1290 00:53:47,892 --> 00:53:49,024 - Yes. 1291 00:53:49,026 --> 00:53:51,093 - But when the questions turned personal, 1292 00:53:51,095 --> 00:53:53,295 Nick seemed to get a case of amnesia. 1293 00:53:53,297 --> 00:53:56,031 - Um, did you approach ms. Cyrus and, uh, discuss 1294 00:53:56,033 --> 00:53:58,100 With her the possibility of breaking up? 1295 00:53:58,102 --> 00:53:59,501 - I cannot recall. 1296 00:53:59,503 --> 00:54:02,438 - Did ms. Cyrus ever, uh, discuss with you 1297 00:54:02,440 --> 00:54:04,239 Her two boys' relationship with you 1298 00:54:04,241 --> 00:54:06,241 As a basis for ending the relationship? 1299 00:54:06,243 --> 00:54:07,709 - I cannot recall. 1300 00:54:07,711 --> 00:54:10,379 - If she had told you that that's why she wanted 1301 00:54:10,381 --> 00:54:11,780 To end the-the relationship, 1302 00:54:11,782 --> 00:54:13,849 Is that something you think you would have remembered? 1303 00:54:13,851 --> 00:54:15,717 - Cannot recall. 1304 00:54:15,719 --> 00:54:16,852 - People remember why they broke up 1305 00:54:16,854 --> 00:54:18,420 With their high school girlfriend. 1306 00:54:18,422 --> 00:54:20,990 You know, you can't remember why this relationship, 1307 00:54:20,992 --> 00:54:22,591 With a woman you lived with 1308 00:54:22,593 --> 00:54:25,060 For seven or eight months, broke up? 1309 00:54:25,062 --> 00:54:27,062 - Tandy had said she broke up with nick 1310 00:54:27,064 --> 00:54:29,464 Because garrett hated his rules. 1311 00:54:29,466 --> 00:54:31,267 - This is the heart of the theory of motivation 1312 00:54:31,269 --> 00:54:32,200 In this crime. 1313 00:54:32,202 --> 00:54:33,735 - Exactly. - That garrett is dead 1314 00:54:33,737 --> 00:54:36,338 Because nick hillary believes that he was an obstacle 1315 00:54:36,340 --> 00:54:38,473 In the way of him ever being with tandy, 1316 00:54:38,475 --> 00:54:40,208 That the boy had caused the breakup. 1317 00:54:40,210 --> 00:54:41,677 - Right. It goes to motive. 1318 00:54:41,679 --> 00:54:44,680 It goes to what's his underlying, uh, state of mind? 1319 00:54:44,682 --> 00:54:46,882 - Can you describe for me your relationship with garrett 1320 00:54:46,884 --> 00:54:48,450 Up and to the point in time where 1321 00:54:48,452 --> 00:54:50,352 You and ms., uh, cyrus broke up? 1322 00:54:50,354 --> 00:54:51,520 - Objection, relevance. 1323 00:54:51,522 --> 00:54:52,954 - We had a positive relationship. 1324 00:54:52,956 --> 00:54:56,491 - Um, do you know if garrett liked you? 1325 00:54:56,493 --> 00:54:58,994 - He never said he disliked me. 1326 00:54:58,996 --> 00:55:01,563 - Tom also probed nick about his behavior 1327 00:55:01,565 --> 00:55:03,398 After tandy moved out. 1328 00:55:03,400 --> 00:55:06,234 - Did you ever show up in ms. Cyrus' apartment 1329 00:55:06,236 --> 00:55:08,103 In the late evening hours, 1330 00:55:08,105 --> 00:55:09,972 Letting yourself in on your own? 1331 00:55:09,974 --> 00:55:11,173 - No. 1332 00:55:11,175 --> 00:55:13,642 - If ms. Cyrus has provided a sworn deposition 1333 00:55:13,644 --> 00:55:16,345 To the police indicating that that did, in fact occur, 1334 00:55:16,347 --> 00:55:18,781 Was she lying when she gave that testimony? 1335 00:55:18,783 --> 00:55:20,649 - Yes. 1336 00:55:20,651 --> 00:55:22,785 - Police had a theory that the killer was injured 1337 00:55:22,787 --> 00:55:24,119 In the escape leap, 1338 00:55:24,121 --> 00:55:26,488 And they claimed they had video of nick limping 1339 00:55:26,490 --> 00:55:28,657 At the soccer game the next night. 1340 00:55:28,659 --> 00:55:30,325 - When tom asked him about it, 1341 00:55:30,327 --> 00:55:33,128 Nick admitted he had injured his ankle, 1342 00:55:33,130 --> 00:55:35,931 But said it happened before garrett was killed. 1343 00:55:35,933 --> 00:55:40,536 - Mr. Hillary, at any point prior to October 24 of 2011, 1344 00:55:40,538 --> 00:55:42,671 Did you suffer an injury 1345 00:55:42,673 --> 00:55:44,806 To either one of your lower legs? 1346 00:55:44,808 --> 00:55:46,007 - Objection, relevance. 1347 00:55:46,009 --> 00:55:47,042 - Yes. 1348 00:55:47,044 --> 00:55:48,076 - Can you tell me the circumstances 1349 00:55:48,078 --> 00:55:49,311 Under which that occurred? 1350 00:55:49,313 --> 00:55:51,847 - I was moving furnitures around in my new apartment. 1351 00:55:51,849 --> 00:55:53,882 - Approximately when did that occur? 1352 00:55:53,884 --> 00:55:56,952 - Objection, relevance. - I cannot recall. 1353 00:55:56,954 --> 00:55:58,687 - What kind of piece of furniture was it? 1354 00:55:58,689 --> 00:56:00,689 - Objection, relevance. - I cannot recall. 1355 00:56:00,691 --> 00:56:02,624 - Did you trip over the piece of furniture, 1356 00:56:02,626 --> 00:56:04,159 Or drop something on you, or something else? 1357 00:56:04,161 --> 00:56:05,627 - Objection, relevance. That's been answered. 1358 00:56:05,629 --> 00:56:07,162 - I cannot recall. 1359 00:56:07,164 --> 00:56:09,464 - Mani tafari maintains nick's ankle injury 1360 00:56:09,466 --> 00:56:12,301 Had no connection to the crime or the crime scene. 1361 00:56:12,303 --> 00:56:15,237 - If there were abrasions, we should have some dna 1362 00:56:15,239 --> 00:56:17,172 That's linking mr. Hillary to this. 1363 00:56:17,174 --> 00:56:19,141 And we do not. 1364 00:56:20,310 --> 00:56:21,843 - As in the first deposition, 1365 00:56:21,845 --> 00:56:24,012 Tom asked nick to describe his route home 1366 00:56:24,014 --> 00:56:26,014 On the day of garrett's murder. 1367 00:56:26,016 --> 00:56:29,184 But this time, nick suggested that if he turned left, 1368 00:56:29,186 --> 00:56:31,920 It would have been to visit his assistant coach. 1369 00:56:31,922 --> 00:56:34,389 - Typically, if I make a left out of the parking lot, 1370 00:56:34,391 --> 00:56:36,458 I would be checking on my assistant coach 1371 00:56:36,460 --> 00:56:38,193 Who lived on garden street, 1372 00:56:38,195 --> 00:56:39,795 Which is what I would normally do. 1373 00:56:39,797 --> 00:56:41,263 - Is that what you did that afternoon? 1374 00:56:41,265 --> 00:56:42,831 - I cannot recall. 1375 00:56:42,833 --> 00:56:44,466 - You don't recall whether or not you stopped in 1376 00:56:44,468 --> 00:56:46,201 To mr. Fear-- fairlie's apartment 1377 00:56:46,203 --> 00:56:48,570 On garden street that afternoon? 1378 00:56:48,572 --> 00:56:49,771 - That is correct. 1379 00:56:49,773 --> 00:56:51,106 - And I interrupt him and say, 1380 00:56:51,108 --> 00:56:52,474 "well, wait a minute, you've already told me 1381 00:56:52,476 --> 00:56:55,243 Previously under oath, a year and a half ago, 1382 00:56:55,245 --> 00:56:56,745 You didn't go anywhere else." 1383 00:56:56,747 --> 00:56:58,880 - You didn't make any stops anywhere on your way 1384 00:56:58,882 --> 00:57:01,082 Between leaving potsdam high school 1385 00:57:01,084 --> 00:57:03,285 And going to your apartment that afternoon. 1386 00:57:03,287 --> 00:57:04,686 Do you recall giving that testimony 1387 00:57:04,688 --> 00:57:06,154 At your 50-h examination? 1388 00:57:06,156 --> 00:57:07,823 - If that's what I said, that's what I said. 1389 00:57:07,825 --> 00:57:09,791 - If you turned left out of the parking lot 1390 00:57:09,793 --> 00:57:11,259 To go home to your apartment, 1391 00:57:11,261 --> 00:57:13,395 What route did you take? 1392 00:57:13,397 --> 00:57:15,164 - Objection. - I cannot recall. 1393 00:57:16,867 --> 00:57:19,301 - When it was over, tom mortati had a gift 1394 00:57:19,303 --> 00:57:21,770 For the new da, mary rain, 1395 00:57:21,772 --> 00:57:25,440 More than six hours of nick on tape under oath. 1396 00:57:25,442 --> 00:57:28,610 Everything he said, everything he couldn't recall. 1397 00:57:28,612 --> 00:57:30,712 So rare from a prime suspect 1398 00:57:30,714 --> 00:57:32,714 Who was not talking to police. 1399 00:57:32,716 --> 00:57:36,118 - I've always described this, uh, as the oj case backwards. 1400 00:57:36,120 --> 00:57:38,186 You know, when oj had a criminal trial, 1401 00:57:38,188 --> 00:57:39,955 And then there was a civil case. 1402 00:57:39,957 --> 00:57:42,457 And here, the exact opposite happened. 1403 00:57:42,459 --> 00:57:44,660 - You have regrets about going the civil route 1404 00:57:44,662 --> 00:57:46,795 In the midst of this criminal case? 1405 00:57:46,797 --> 00:57:51,867 - I regret that mr. Hillary, um, was targeted 1406 00:57:51,869 --> 00:57:53,034 Due to his race, 1407 00:57:53,036 --> 00:57:55,337 Um, and I have no control over that. 1408 00:57:55,339 --> 00:57:57,906 That is the only regret I have in this entire situation. 1409 00:57:59,943 --> 00:58:02,010 - Da rain, who had campaigned on getting 1410 00:58:02,012 --> 00:58:03,479 Justice for garrett, 1411 00:58:03,481 --> 00:58:05,347 Now believed she had enough evidence 1412 00:58:05,349 --> 00:58:07,449 To take to a grand jury. 1413 00:58:07,451 --> 00:58:10,685 But in a perplexing case that still had gaping holes, 1414 00:58:10,687 --> 00:58:14,422 No dna, no forensics, no eyewitnesses, 1415 00:58:14,424 --> 00:58:16,424 This road to indictment would hit 1416 00:58:16,426 --> 00:58:19,060 An unexpected pothole. 1417 00:58:19,062 --> 00:58:20,762 - Coming up. 1418 00:58:20,764 --> 00:58:22,430 A bold new strategy. 1419 00:58:22,432 --> 00:58:23,999 - You take samples of dna 1420 00:58:24,001 --> 00:58:26,034 That previously would have been cast aside, 1421 00:58:26,036 --> 00:58:27,602 And attempt to make sense of them. 1422 00:58:27,604 --> 00:58:30,705 - Prosecutors wondered could nick's dna 1423 00:58:30,707 --> 00:58:33,742 Really be at the crime scene after all? 1424 00:58:33,744 --> 00:58:37,012 - When "dateline: Secrets uncovered" continues. 1425 00:58:47,190 --> 00:58:48,857 - May 2014, 1426 00:58:48,859 --> 00:58:50,792 2.5 years after garrett phillips 1427 00:58:50,794 --> 00:58:52,995 Skated home for the last time, 1428 00:58:52,997 --> 00:58:55,497 Da mary rain was finally putting the case 1429 00:58:55,499 --> 00:58:57,499 Before a grand jury. 1430 00:58:57,501 --> 00:58:58,867 Her key piece of evidence? 1431 00:58:58,869 --> 00:59:00,268 - If I make a left out of the parking lot-- 1432 00:59:00,270 --> 00:59:03,005 - Nick hillary's own words from his video deposition 1433 00:59:03,007 --> 00:59:05,807 For his lawsuit against the potsdam police. 1434 00:59:05,809 --> 00:59:07,809 - No one can talk about grand jury arguments, 1435 00:59:07,811 --> 00:59:10,278 But the civil deposition, safe to say, 1436 00:59:10,280 --> 00:59:11,413 Was very important. 1437 00:59:11,415 --> 00:59:12,747 - Extremely important. 1438 00:59:12,749 --> 00:59:15,284 We couldn't have put him in the places where he put himself. 1439 00:59:17,555 --> 00:59:18,853 - On may 15th, 1440 00:59:18,855 --> 00:59:21,222 Nick hillary was indicted and arrested. 1441 00:59:21,224 --> 00:59:23,258 - 100% innocent. 1442 00:59:23,260 --> 00:59:24,893 - Charged with second-degree murder, 1443 00:59:24,895 --> 00:59:26,761 He was led away in handcuffs 1444 00:59:26,763 --> 00:59:29,297 By lead investigator mark murray. 1445 00:59:29,299 --> 00:59:30,632 - No ruckus? No to-do? 1446 00:59:30,634 --> 00:59:32,033 - No ruckus, no to-do, 1447 00:59:32,035 --> 00:59:34,236 Just us walking nick into the station. 1448 00:59:35,306 --> 00:59:37,039 - Nothing, however, has been ordinary 1449 00:59:37,041 --> 00:59:39,541 In this extraordinary case. 1450 00:59:39,543 --> 00:59:42,310 Five months later, a judge threw out that indictment 1451 00:59:42,312 --> 00:59:45,047 On the grounds of prosecutorial misconduct. 1452 00:59:45,049 --> 00:59:49,051 - The judge in the case decides that mary rain 1453 00:59:49,053 --> 00:59:51,720 Acted inappropriately, that she injected opinion, 1454 00:59:51,722 --> 00:59:56,792 That she obviously was not pursuing justice, per se, 1455 00:59:56,794 --> 00:59:58,961 But was pursuing nick. 1456 00:59:59,730 --> 01:00:01,597 - The judge read transcripts of the proceedings 1457 01:00:01,599 --> 01:00:04,366 And determined that the da bullied nick's daughter, 1458 01:00:04,368 --> 01:00:06,401 An alibi witness, asking her 1459 01:00:06,403 --> 01:00:09,204 The same question thirteen times. 1460 01:00:09,206 --> 01:00:11,539 - It's cross-examination. There was no bullying. 1461 01:00:11,541 --> 01:00:12,674 He's not there. 1462 01:00:12,676 --> 01:00:14,209 He doesn't know my tone of voice. 1463 01:00:14,211 --> 01:00:17,212 So he's surmising something that just didn't occur. 1464 01:00:18,682 --> 01:00:21,282 - Mary rain had taken a legal roundhouse blow 1465 01:00:21,284 --> 01:00:22,417 To the chin, 1466 01:00:22,419 --> 01:00:24,419 But she got up to fight again. 1467 01:00:24,421 --> 01:00:26,121 - There was no question you were gonna re-file it? 1468 01:00:26,123 --> 01:00:29,157 - Absolutely no question at all. 1469 01:00:29,159 --> 01:00:31,593 - Using the same evidence, but toning it down, 1470 01:00:31,595 --> 01:00:35,597 The da won another indictment, and this one stuck. 1471 01:00:35,599 --> 01:00:38,533 Tandy felt finally vindicated. 1472 01:00:38,535 --> 01:00:41,169 - You believe nick hillary killed your boy? 1473 01:00:41,171 --> 01:00:43,238 - Yes. - For what reason, tandy? 1474 01:00:45,175 --> 01:00:49,478 - He, for whatever reason, did not like my son. 1475 01:00:51,848 --> 01:00:55,917 He was a problem for him. 1476 01:00:55,919 --> 01:00:58,019 He was in his way. 1477 01:00:58,021 --> 01:00:59,587 - Meanwhile, nick hillary was gearing up 1478 01:00:59,589 --> 01:01:01,756 For his biggest match ever. 1479 01:01:01,758 --> 01:01:03,792 His very freedom was at stake. 1480 01:01:03,794 --> 01:01:06,561 - I have stated that since day one. 1481 01:01:06,563 --> 01:01:10,198 I'm 100% innocent. 1482 01:01:10,200 --> 01:01:11,533 - Nick's old friends and supporters 1483 01:01:11,535 --> 01:01:13,402 Had helped him make bail. 1484 01:01:13,404 --> 01:01:16,071 Although in potsdam, he faced visible reminders 1485 01:01:16,073 --> 01:01:19,340 Of the strong feelings against him at every turn. 1486 01:01:19,342 --> 01:01:21,142 - Lawn signs are everywhere in your town. 1487 01:01:21,144 --> 01:01:22,410 "justice for garrett". 1488 01:01:22,412 --> 01:01:23,678 What do you think? They're everywhere. 1489 01:01:23,680 --> 01:01:24,746 - They're everywhere. 1490 01:01:24,748 --> 01:01:29,517 I mean for my own sanity, I have told myself, 1491 01:01:29,519 --> 01:01:33,021 "justice for garrett" sign is a good thing 1492 01:01:33,023 --> 01:01:37,659 Because I need justice for garrett. 1493 01:01:37,661 --> 01:01:40,495 - But justice of any kind was grinding slowly, 1494 01:01:40,497 --> 01:01:43,031 And the case was attracting attention. 1495 01:01:43,033 --> 01:01:44,900 Two legal heavyweights from new york city 1496 01:01:44,902 --> 01:01:46,634 Joined nick's team. 1497 01:01:46,636 --> 01:01:48,636 Norman siegel, a civil rights lawyer, 1498 01:01:48,638 --> 01:01:52,107 And earl ward, a celebrated criminal defense attorney. 1499 01:01:52,109 --> 01:01:54,642 - For people like that to be involved in the case 1500 01:01:54,644 --> 01:01:58,513 Shows you that the case is echoing beyond. 1501 01:01:58,515 --> 01:02:00,215 - Is this shaping up as-as another test 1502 01:02:00,217 --> 01:02:03,151 Of racial justice in the criminal justice system? 1503 01:02:03,153 --> 01:02:05,954 - I think for the defense team, 1504 01:02:05,956 --> 01:02:07,856 They don't believe that nick did this, 1505 01:02:07,858 --> 01:02:09,557 And they think he's being railroaded, 1506 01:02:09,559 --> 01:02:13,328 And they feel that part of that has to do with his race. 1507 01:02:13,330 --> 01:02:17,665 I think for mary rain and the prosecution team, 1508 01:02:17,667 --> 01:02:19,601 That is the last thing that they want. 1509 01:02:19,603 --> 01:02:21,436 They want this to be a murder trial, 1510 01:02:21,438 --> 01:02:23,938 And they want this to be about a twelve-year-old boy 1511 01:02:23,940 --> 01:02:27,209 Who lost his life at the hands of a killer. 1512 01:02:27,211 --> 01:02:29,611 - Nick's supporters, including his former teammates, 1513 01:02:29,613 --> 01:02:32,947 Remained adamant that their friend was innocent. 1514 01:02:32,949 --> 01:02:34,816 - It's not possible. 1515 01:02:34,818 --> 01:02:37,185 I mean, he's just such a caring and compassionate, 1516 01:02:37,187 --> 01:02:38,119 Loving person. 1517 01:02:38,121 --> 01:02:40,655 He's been around kids his entire life. 1518 01:02:40,657 --> 01:02:41,756 - Even on the worst day of his life, 1519 01:02:41,758 --> 01:02:43,625 Something happened, you can't get there? 1520 01:02:43,627 --> 01:02:45,560 - Not a chance. 1521 01:02:45,562 --> 01:02:47,362 - These teammates are among countless friends 1522 01:02:47,364 --> 01:02:49,197 And supporters behind the website 1523 01:02:49,199 --> 01:02:51,233 "truth for nick hillary". 1524 01:02:51,235 --> 01:02:53,902 They dipped into their pockets and helped fund his defense, 1525 01:02:53,904 --> 01:02:56,037 And also paid his everyday bills 1526 01:02:56,039 --> 01:02:59,874 Once he was fired as soccer coach after his arrest. 1527 01:02:59,876 --> 01:03:01,176 - And you're now putting your money 1528 01:03:01,178 --> 01:03:02,277 Where your sentiments are? 1529 01:03:02,279 --> 01:03:04,179 - Uh, yeah, all these guys are. 1530 01:03:04,181 --> 01:03:05,514 - Yeah, we've had hundreds of people 1531 01:03:05,516 --> 01:03:09,984 On the donation site itself, uh, contribute whatever they can. 1532 01:03:09,986 --> 01:03:13,388 - A trial date was set for September 2016. 1533 01:03:13,390 --> 01:03:16,724 Nick's teammates would stand by him in open court. 1534 01:03:16,726 --> 01:03:18,727 - So it's the championship season again? 1535 01:03:18,729 --> 01:03:20,428 - This is-this is-- - this is more than a ring though. 1536 01:03:20,430 --> 01:03:22,864 - This is more than a ring, you know, this is-this is-- 1537 01:03:22,866 --> 01:03:24,599 This is life and death. 1538 01:03:24,601 --> 01:03:27,468 - But first, both sides braced for a summertime fight 1539 01:03:27,470 --> 01:03:28,870 That could tilt the balance. 1540 01:03:28,872 --> 01:03:30,972 It was over dna. 1541 01:03:30,974 --> 01:03:33,208 Did it exist? Was it nick's? 1542 01:03:33,210 --> 01:03:36,478 And whatever it was, was it even admissible? 1543 01:03:36,480 --> 01:03:38,580 No hair, tissue, or fingerprint 1544 01:03:38,582 --> 01:03:41,482 Belonging to nick was found at the crime scene, 1545 01:03:41,484 --> 01:03:43,751 And testing on that tiny mix of dna under 1546 01:03:43,753 --> 01:03:47,155 One of garrett's fingernails had been inconclusive. 1547 01:03:47,157 --> 01:03:49,791 - The initial sampling of this, the initial testing of this, 1548 01:03:49,793 --> 01:03:51,693 Showed that it could neither include 1549 01:03:51,695 --> 01:03:53,895 Nor exclude nick hillary. 1550 01:03:53,897 --> 01:03:55,763 - So with traditional dna chemistry 1551 01:03:55,765 --> 01:03:58,466 Not implicating nick, 1552 01:03:58,468 --> 01:04:01,169 Prosecutors opted for something revolutionary, 1553 01:04:01,171 --> 01:04:04,639 A new kind of computer-driven dna analysis 1554 01:04:04,641 --> 01:04:07,308 From a company in new zealand. 1555 01:04:07,310 --> 01:04:09,177 - Whereby you take samples of dna 1556 01:04:09,179 --> 01:04:11,112 That previously would have been cast aside 1557 01:04:11,114 --> 01:04:13,248 Because they were too small, they were too difficult 1558 01:04:13,250 --> 01:04:16,317 To analyze properly, you take those samples 1559 01:04:16,319 --> 01:04:17,952 And attempt to make sense of them 1560 01:04:17,954 --> 01:04:20,255 Using a computer algorithm. 1561 01:04:20,257 --> 01:04:22,090 - Prosecutors said the new tests came back 1562 01:04:22,092 --> 01:04:23,424 A match for nick. 1563 01:04:23,426 --> 01:04:25,593 Not so fast, argued the defense, 1564 01:04:25,595 --> 01:04:28,763 Too unorthodox, too unreliable. 1565 01:04:28,765 --> 01:04:32,634 - After every reputable, um, uh, organization 1566 01:04:32,636 --> 01:04:34,269 Or test insights told 'em, 1567 01:04:34,271 --> 01:04:36,104 "look, there's nothing connecting this guy", 1568 01:04:36,106 --> 01:04:38,106 They went to a different continent, 1569 01:04:38,108 --> 01:04:40,608 To new zealand, uh, to try to get something to stick. 1570 01:04:40,610 --> 01:04:43,611 And it didn't stick. 1571 01:04:43,613 --> 01:04:46,381 - In the end, the judge agreed with the defense. 1572 01:04:46,383 --> 01:04:48,416 Pre-trial he ruled that the prosecution 1573 01:04:48,418 --> 01:04:51,586 Could not use the newfangled dna analysis. 1574 01:04:51,588 --> 01:04:53,955 A major setback. 1575 01:04:53,957 --> 01:04:57,358 - Do you still have a case absent that science? 1576 01:04:57,360 --> 01:05:00,528 - We still can do it based on the other evidence that we have. 1577 01:05:00,530 --> 01:05:02,297 - To be determined, as they say, 1578 01:05:02,299 --> 01:05:04,966 Setting the stage for nick hillary to at last 1579 01:05:04,968 --> 01:05:07,101 Have his day in court. 1580 01:05:07,103 --> 01:05:10,638 The trial finally was about to get underway. 1581 01:05:10,640 --> 01:05:13,375 - I think that it has taken so long to find 1582 01:05:13,377 --> 01:05:15,076 Justice for garrett, as it were, 1583 01:05:15,078 --> 01:05:18,947 That this has become one of those stories 1584 01:05:18,949 --> 01:05:21,383 That people will talk about for a very long time, 1585 01:05:21,385 --> 01:05:23,785 Regardless of how the verdict turns out. 1586 01:05:23,787 --> 01:05:27,755 - The soccer coach and his ex are about to face off in court, 1587 01:05:27,757 --> 01:05:30,725 And all eyes are on the former lovers. 1588 01:05:32,329 --> 01:05:33,728 - I will continue to fight. 1589 01:05:33,730 --> 01:05:35,763 - The showdown begins. 1590 01:05:35,765 --> 01:05:37,399 - You're gonna be going up to the stand, 1591 01:05:37,401 --> 01:05:40,735 And inside the rail will be nick hillary. 1592 01:05:40,737 --> 01:05:42,470 Are you ready for that moment? 1593 01:05:42,472 --> 01:05:43,672 - I am. 1594 01:05:43,674 --> 01:05:45,407 - You could have heard a pin drop in that courtroom. 1595 01:05:45,409 --> 01:05:48,810 - When "dateline: Secrets uncovered" continues. 1596 01:05:57,620 --> 01:06:00,221 - Five long years after garrett phillips was killed, 1597 01:06:00,223 --> 01:06:03,891 The case of new york state vs. Nick hillary went to trial. 1598 01:06:03,893 --> 01:06:05,793 Nick and tandy, former lovers, 1599 01:06:05,795 --> 01:06:08,363 Would be together in the same courtroom. 1600 01:06:08,365 --> 01:06:10,598 - You're gonna be going up to the stand, 1601 01:06:10,600 --> 01:06:13,969 And inside the rail will be nick hillary. 1602 01:06:13,971 --> 01:06:16,905 Are you ready for that moment? 1603 01:06:16,907 --> 01:06:19,040 - I am. 1604 01:06:19,042 --> 01:06:21,976 - As tandy readied to face her ex-boyfriend in court, 1605 01:06:21,978 --> 01:06:25,680 Nick came face to face with the possibility of a conviction. 1606 01:06:25,682 --> 01:06:28,916 And there you'll be given another jumpsuit, 1607 01:06:28,918 --> 01:06:31,252 Put in a van, and taken away. 1608 01:06:31,254 --> 01:06:33,955 - I will fight. 1609 01:06:33,957 --> 01:06:36,190 And I will continue to fight 1610 01:06:36,192 --> 01:06:39,727 Until I don't have anything left inside of me to fight. 1611 01:06:39,729 --> 01:06:42,063 Just the same way I'm fighting right now. 1612 01:06:42,065 --> 01:06:44,799 - The trial was shaping up as a battle between seasoned, 1613 01:06:44,801 --> 01:06:46,734 Successful attorneys. 1614 01:06:46,736 --> 01:06:49,337 The venerable team of earl ward and norman siegel 1615 01:06:49,339 --> 01:06:50,638 For the defense. 1616 01:06:50,640 --> 01:06:54,075 For the state, d.A. Mary rain asked bill fitzpatrick, 1617 01:06:54,077 --> 01:06:55,943 A renowned prosecutor from another county, 1618 01:06:55,945 --> 01:06:58,212 To take the lead in court. 1619 01:06:58,214 --> 01:07:00,114 - So you bring in fitzpatrick from down in syracuse 1620 01:07:00,116 --> 01:07:01,349 For what reason? 1621 01:07:01,351 --> 01:07:05,887 - Well, bill fitzpatrick has over 75 homicide, um, 1622 01:07:05,889 --> 01:07:07,188 Prosecutions himself. 1623 01:07:07,190 --> 01:07:08,890 He's been a prosecutor for over 24 years, 1624 01:07:08,892 --> 01:07:11,292 And I've been a prosecutor for over two. 1625 01:07:11,294 --> 01:07:14,028 - Almost immediately, a courtroom bombshell. 1626 01:07:14,030 --> 01:07:17,365 Ten jurors had been quickly selected, all white, 1627 01:07:17,367 --> 01:07:20,935 When nick and his defense team made a shocking announcement. 1628 01:07:20,937 --> 01:07:23,571 They were opting for a bench trial, 1629 01:07:23,573 --> 01:07:26,774 Letting judge felix catena decide nick's future. 1630 01:07:26,776 --> 01:07:29,110 "new york times" reporter, jesse mckinley. 1631 01:07:29,112 --> 01:07:31,646 - I think their calculation was, 1632 01:07:31,648 --> 01:07:33,614 We're better off going with a legal mind, 1633 01:07:33,616 --> 01:07:34,982 Someone that knows the law. 1634 01:07:34,984 --> 01:07:36,317 - So they're arguing it to the judge, 1635 01:07:36,319 --> 01:07:38,152 He will be the judge and the jury in this. 1636 01:07:38,154 --> 01:07:41,222 - Absolutely. [gavel pounding] 1637 01:07:41,224 --> 01:07:43,991 - Good morning, everybody. Please be seated. 1638 01:07:43,993 --> 01:07:45,493 - Mr. Fitzpatrick, your opening statement. 1639 01:07:45,495 --> 01:07:47,128 - Thank you very much, your honor. 1640 01:07:47,130 --> 01:07:49,530 - Bill fitzpatrick laid out the state's case, 1641 01:07:49,532 --> 01:07:51,099 Painting a portrait of nick hillary 1642 01:07:51,101 --> 01:07:53,801 As a scorned lover and a liar. 1643 01:07:53,803 --> 01:07:56,604 He said nick's own words from his video deposition, 1644 01:07:56,606 --> 01:07:59,007 Given under oath, would nail him. 1645 01:07:59,009 --> 01:08:01,009 - The only reason he has to lie 1646 01:08:01,011 --> 01:08:02,810 Is because he was killing garrett. 1647 01:08:02,812 --> 01:08:05,279 - But long-time civil rights attorney siegel 1648 01:08:05,281 --> 01:08:06,881 Said nick is an innocent man, 1649 01:08:06,883 --> 01:08:09,951 And could prove he was home at the exact time 1650 01:08:09,953 --> 01:08:11,953 Garrett was being attacked. 1651 01:08:11,955 --> 01:08:15,824 - You can't be in two places at the same time, 1652 01:08:15,826 --> 01:08:19,227 And nick hillary went home. 1653 01:08:19,229 --> 01:08:21,762 - It was all part of a rush to judgment by police, 1654 01:08:21,764 --> 01:08:23,097 Argued siegel. 1655 01:08:23,099 --> 01:08:27,435 - There's naturally a cry for justice, 1656 01:08:27,437 --> 01:08:32,106 A cry for someone to be held accountable. 1657 01:08:32,108 --> 01:08:36,611 But it must be the right person. 1658 01:08:36,613 --> 01:08:40,915 Nick hillary is not the right person. 1659 01:08:40,917 --> 01:08:43,818 - After opening arguments, cameras were removed 1660 01:08:43,820 --> 01:08:45,553 For all testimony. 1661 01:08:45,555 --> 01:08:47,589 The prosecution called the victim's mother 1662 01:08:47,591 --> 01:08:49,724 To the stand as its lead-off witness. 1663 01:08:49,726 --> 01:08:52,193 Tandy told the judge what she'd told us, 1664 01:08:52,195 --> 01:08:53,728 That nick was unhappy 1665 01:08:53,730 --> 01:08:56,063 About her breaking up their relationship. 1666 01:08:56,065 --> 01:08:58,099 - She was absolutely cool as a cucumber. 1667 01:08:58,101 --> 01:08:59,967 She rarely let emotion get to her, 1668 01:08:59,969 --> 01:09:05,173 She was a very controlled, very competent witness. 1669 01:09:05,175 --> 01:09:07,975 - And she testified about the time, she said, 1670 01:09:07,977 --> 01:09:10,945 Nick let himself into her apartment uninvited. 1671 01:09:10,947 --> 01:09:14,148 - I was getting very annoyed with the fact 1672 01:09:14,150 --> 01:09:15,617 That he wouldn't leave me alone. 1673 01:09:15,619 --> 01:09:17,718 - He obsessed about the breakup. 1674 01:09:17,720 --> 01:09:20,221 - Next, the prosecution presented evidence 1675 01:09:20,223 --> 01:09:22,290 That garrett died from a chokehold, 1676 01:09:22,292 --> 01:09:24,692 A ghastly combination of strangulation 1677 01:09:24,694 --> 01:09:26,427 And asphyxiation. 1678 01:09:26,429 --> 01:09:29,364 Rug burns on garrett's legs and red marks on his neck 1679 01:09:29,366 --> 01:09:31,866 Pointed to a desperate struggle. 1680 01:09:31,868 --> 01:09:34,502 "it was a crime of passion", insisted fitzpatrick, 1681 01:09:34,504 --> 01:09:36,571 Pointing to nick as the only person 1682 01:09:36,573 --> 01:09:38,039 Hostile to garrett. 1683 01:09:38,041 --> 01:09:42,109 - This is somebody that chokes the life, 1684 01:09:42,111 --> 01:09:47,048 With a high degree of hatred of a twelve-year-old boy. 1685 01:09:47,050 --> 01:09:48,983 - He talks about an amicable breakup. 1686 01:09:48,985 --> 01:09:50,585 - It was not amicable at that point 1687 01:09:50,587 --> 01:09:52,587 Because he was not happy. 1688 01:09:52,589 --> 01:09:55,256 Tandy was amicable, but he was not. 1689 01:09:55,258 --> 01:09:57,458 He was very, very angry. 1690 01:09:57,460 --> 01:10:00,394 - Prosecutors used video to try to prove their case, 1691 01:10:00,396 --> 01:10:04,265 A one-two punch of nick hillary on camera. 1692 01:10:04,267 --> 01:10:06,434 They played for the judge the security video 1693 01:10:06,436 --> 01:10:08,603 Of nick's honda in the high school parking lot, 1694 01:10:08,605 --> 01:10:11,339 As they saw it, stalking garrett. 1695 01:10:11,341 --> 01:10:13,874 - That's the most important witness in this case, 1696 01:10:13,876 --> 01:10:17,111 A neutral camera 1697 01:10:17,113 --> 01:10:19,681 Sitting on top of a school. 1698 01:10:20,283 --> 01:10:23,251 - The state also presented that critical video of nick, 1699 01:10:23,253 --> 01:10:24,886 Under oath, from his deposition 1700 01:10:24,888 --> 01:10:26,487 In his civil case. 1701 01:10:26,489 --> 01:10:27,622 - Something happens, 1702 01:10:27,624 --> 01:10:30,891 Which I will affectionately refer to as the gift 1703 01:10:30,893 --> 01:10:33,027 That keeps on giving. 1704 01:10:33,029 --> 01:10:35,963 That person is telling lies, frankly, 1705 01:10:35,965 --> 01:10:38,766 Too numerous to catalog. 1706 01:10:38,768 --> 01:10:40,235 - One lie, according to the state, 1707 01:10:40,237 --> 01:10:42,737 Involved nick's damaged ankle. 1708 01:10:42,739 --> 01:10:44,372 Remember, during his deposition, 1709 01:10:44,374 --> 01:10:47,175 Nick said he hurt it before garrett's death. 1710 01:10:47,177 --> 01:10:51,512 - Mr. Hillary, at any point prior to October 24 of 2011, 1711 01:10:51,514 --> 01:10:55,783 Did you suffer an injury to either one of your lower legs? 1712 01:10:55,785 --> 01:10:58,252 - Objection, relevance. - Yes. 1713 01:10:58,254 --> 01:10:59,654 - Can you tell me the circumstances 1714 01:10:59,656 --> 01:11:01,188 Under which that occurred? 1715 01:11:01,190 --> 01:11:03,524 - I was moving furniture around in my new apartment. 1716 01:11:03,526 --> 01:11:04,992 - Prosecutors attacked that story 1717 01:11:04,994 --> 01:11:07,462 When the medical examiner took the stand. 1718 01:11:07,464 --> 01:11:10,231 He commented on photos police took of nick's ankle 1719 01:11:10,233 --> 01:11:13,000 Just two days after garrett was killed. 1720 01:11:13,002 --> 01:11:16,003 - His ankle is swollen, it's got a very fresh cut. 1721 01:11:16,005 --> 01:11:17,705 Uh, dr. Sikirica m.E. 1722 01:11:17,707 --> 01:11:20,641 Said the cut is, uh, 24 to 48 hours old. 1723 01:11:20,643 --> 01:11:23,077 - A fresh cut, prosecutors theorized, 1724 01:11:23,079 --> 01:11:25,413 Caused by nick's desperate escape leap 1725 01:11:25,415 --> 01:11:27,482 From garrett's second floor apartment. 1726 01:11:27,484 --> 01:11:30,618 And then, what prosecutors called another lie, 1727 01:11:30,620 --> 01:11:33,221 The big one at the heart of their case, 1728 01:11:33,223 --> 01:11:34,956 When nick talked about where he went 1729 01:11:34,958 --> 01:11:37,492 After driving out of the school parking lot, 1730 01:11:37,494 --> 01:11:40,428 Just minutes before garrett was choked to death. 1731 01:11:40,430 --> 01:11:41,762 - According to him, 1732 01:11:41,764 --> 01:11:45,366 At least a dozen times under oath, 1733 01:11:45,368 --> 01:11:48,669 "I went straight home, 1734 01:11:48,671 --> 01:11:50,905 "back to my daughter. 1735 01:11:50,907 --> 01:11:52,239 "straight home." 1736 01:11:52,241 --> 01:11:55,076 - You went straight home, uh, after you left 1737 01:11:55,078 --> 01:11:57,578 The potsdam high school that afternoon, correct? 1738 01:11:57,580 --> 01:11:58,679 - Yes. 1739 01:11:58,681 --> 01:12:00,848 - Straight home would have meant turning right, 1740 01:12:00,850 --> 01:12:04,518 But nick turned left, just like garrett. 1741 01:12:04,520 --> 01:12:07,355 Prosecutors laid it out with dramatic flair. 1742 01:12:07,357 --> 01:12:08,589 Here was nick, under oath, 1743 01:12:08,591 --> 01:12:12,193 Caught in a lie confirmed by the video. 1744 01:12:12,195 --> 01:12:15,463 - Mr. Hillary doesn't turn right. 1745 01:12:15,465 --> 01:12:21,802 He turns left because he's hunting garrett phillips. 1746 01:12:21,804 --> 01:12:23,237 - Maybe the prosecution's best evidence 1747 01:12:23,239 --> 01:12:25,005 Is this video tape. 1748 01:12:25,007 --> 01:12:27,775 The journey to the field to look at the soccer team. 1749 01:12:27,777 --> 01:12:29,009 - Yeah, prosecution says 1750 01:12:29,011 --> 01:12:32,080 It's their most conclusive piece of evidence. 1751 01:12:32,082 --> 01:12:33,748 - Rainy day in potsdam, the last few minutes 1752 01:12:33,750 --> 01:12:35,416 Of garrett's life. - Yes. 1753 01:12:35,418 --> 01:12:37,819 And when they were playing that tape, 1754 01:12:37,821 --> 01:12:39,020 Which was about five minutes long, 1755 01:12:39,022 --> 01:12:41,956 In that courtroom, you could have heard a pin drop. 1756 01:12:41,958 --> 01:12:44,158 - The state argued that when nick wasn't lying, 1757 01:12:44,160 --> 01:12:46,360 He had very suspicious lapses in memory 1758 01:12:46,362 --> 01:12:48,496 About the day garrett was killed. 1759 01:12:48,498 --> 01:12:51,499 "a convenient forgetfulness", said prosecutors, 1760 01:12:51,501 --> 01:12:54,235 "highlighted by three simple words." 1761 01:12:54,237 --> 01:12:55,570 - I cannot recall. 1762 01:12:55,572 --> 01:12:58,773 I cannot recall. I cannot recall. 1763 01:12:58,775 --> 01:13:00,641 - Watch him as he answers, "I cannot recall" 1764 01:13:00,643 --> 01:13:03,711 Without even the slightest reflection or effort 1765 01:13:03,713 --> 01:13:05,246 To try to recall. 1766 01:13:05,248 --> 01:13:07,181 - If you start to take these things in sum, 1767 01:13:07,183 --> 01:13:11,051 In total, that you have a guy who is not telling the truth, 1768 01:13:11,053 --> 01:13:13,454 You have a guy that does not have an ironclad alibi. 1769 01:13:13,456 --> 01:13:15,856 - And the proof is beyond compelling, 1770 01:13:15,858 --> 01:13:19,326 It approaches mathematical certainty. 1771 01:13:19,328 --> 01:13:22,663 Every single fact in this case points to him. 1772 01:13:22,665 --> 01:13:26,000 And at some point, coincidences stop being coincidences, 1773 01:13:26,002 --> 01:13:28,536 And they start being proof of guilt. 1774 01:13:28,538 --> 01:13:32,406 - It was a circumstantial case, but prosecutors were confident. 1775 01:13:32,408 --> 01:13:34,475 Now the defense would get its turn, 1776 01:13:34,477 --> 01:13:37,077 And they would aggressively make the case in court 1777 01:13:37,079 --> 01:13:41,315 That nick hillary had been making for himself from day one. 1778 01:13:41,317 --> 01:13:43,751 - I'm 100% innocent 1779 01:13:43,753 --> 01:13:46,821 Of the accusations that I'm facing. 1780 01:13:49,692 --> 01:13:51,592 - You searched his house twice. What did you find? 1781 01:13:51,594 --> 01:13:52,893 Nothing. You searched his car. 1782 01:13:52,895 --> 01:13:54,495 What did you find? Nothing. 1783 01:13:54,497 --> 01:13:55,963 You searched his office, what did you find? 1784 01:13:55,965 --> 01:13:56,764 Nothing. 1785 01:13:56,766 --> 01:13:58,899 - No evidence, no case. 1786 01:13:58,901 --> 01:14:02,570 - This theory is simply not credible 1787 01:14:02,572 --> 01:14:03,604 On its face. 1788 01:14:03,606 --> 01:14:06,106 - The defense comes on strong. 1789 01:14:06,108 --> 01:14:08,709 - Nick hillary is not a murderer. 1790 01:14:08,711 --> 01:14:11,779 - When "dateline: Secrets uncovered" continues. 1791 01:14:19,589 --> 01:14:22,056 - Nick hillary's high-powered legal team 1792 01:14:22,058 --> 01:14:23,891 Of norman siegel and earl ward 1793 01:14:23,893 --> 01:14:26,927 Began their defense by aggressively cross-examining 1794 01:14:26,929 --> 01:14:30,598 The prosecution's witnesses, starting with tandy cyrus. 1795 01:14:30,600 --> 01:14:33,000 The defense now acknowledged nick had, in fact, 1796 01:14:33,002 --> 01:14:35,636 Visited tandy twice in her new apartment. 1797 01:14:35,638 --> 01:14:37,738 But they got tandy to admit those visits 1798 01:14:37,740 --> 01:14:40,541 Weren't so scary after all. 1799 01:14:40,543 --> 01:14:43,644 - Those two episodes, prosecutors tried to portray 1800 01:14:43,646 --> 01:14:46,881 As some type of nefarious behavior 1801 01:14:46,883 --> 01:14:48,983 On nick's part. 1802 01:14:48,985 --> 01:14:52,686 But tandy made it clear that they-that these episodes 1803 01:14:52,688 --> 01:14:55,823 Were nothing more than an inconvenience. 1804 01:14:55,825 --> 01:14:57,658 She testified that on one occasion 1805 01:14:57,660 --> 01:14:59,960 They slept together. 1806 01:14:59,962 --> 01:15:02,563 - The defense's argument, tandy's breakup with nick 1807 01:15:02,565 --> 01:15:05,533 Was hardly the drama she made it out to be. 1808 01:15:05,535 --> 01:15:07,535 - They tried to portray it as if nick was 1809 01:15:07,537 --> 01:15:11,972 This, you know, demon, this-this-this awful person 1810 01:15:11,974 --> 01:15:14,242 Who snuck into this woman's bedroom, 1811 01:15:14,244 --> 01:15:15,910 As I said on my summation, like something 1812 01:15:15,912 --> 01:15:18,379 Out of a horror movie and hovered above her 1813 01:15:18,381 --> 01:15:22,250 In the dark as if he was about to do something, 1814 01:15:22,252 --> 01:15:23,717 You know, evil. 1815 01:15:23,719 --> 01:15:25,719 When, during the cross-examination, 1816 01:15:25,721 --> 01:15:28,656 It came out that-- that's-that wasn't the case. 1817 01:15:28,658 --> 01:15:31,192 - And tandy and other family members also conceded 1818 01:15:31,194 --> 01:15:33,427 That nick had never laid a hand on garret 1819 01:15:33,429 --> 01:15:34,995 While they lived together. 1820 01:15:34,997 --> 01:15:36,931 - There was nothing between the two 1821 01:15:36,933 --> 01:15:40,535 That could be considered hatred. 1822 01:15:40,537 --> 01:15:44,104 Nothing between the two that would lead, 1823 01:15:44,106 --> 01:15:46,274 Or could lead, to murder. 1824 01:15:46,276 --> 01:15:47,708 - They have kind of picked away 1825 01:15:47,710 --> 01:15:50,010 At the prosecution's witnesses enough, 1826 01:15:50,012 --> 01:15:53,047 It would seem, for them to try 1827 01:15:53,049 --> 01:15:55,616 To create reasonable doubt, which is all they wanna do. 1828 01:15:55,618 --> 01:15:57,551 That's the game, they want-- - reasonable doubt? 1829 01:15:57,553 --> 01:15:59,687 - Reasonable doubt wins their case. 1830 01:15:59,689 --> 01:16:02,289 - Nick hillary is not a murderer. 1831 01:16:02,291 --> 01:16:05,893 He is not a violent man. 1832 01:16:05,895 --> 01:16:09,296 Violence is inconsistent with who he is 1833 01:16:09,298 --> 01:16:12,132 And what he has done in his life. 1834 01:16:12,134 --> 01:16:14,435 - Now the defense started to paint a different picture 1835 01:16:14,437 --> 01:16:15,970 Of nick hillary. 1836 01:16:15,972 --> 01:16:18,305 Not the man accused of a heinous crime, 1837 01:16:18,307 --> 01:16:21,108 But the army vet, adored soccer captain, 1838 01:16:21,110 --> 01:16:23,911 And loving father who could never, ever harm 1839 01:16:23,913 --> 01:16:26,680 A twelve-year-old, let alone kill him. 1840 01:16:26,682 --> 01:16:28,816 - He's been around kids his entire life. 1841 01:16:28,818 --> 01:16:32,453 I've seen him interact with twelve-year-olds constantly. 1842 01:16:32,455 --> 01:16:33,520 - Brendan murphy, the goalie 1843 01:16:33,522 --> 01:16:35,489 On nick's championship soccer team, 1844 01:16:35,491 --> 01:16:37,224 Was one of the character witnesses 1845 01:16:37,226 --> 01:16:40,061 Who testified about the nick he knew. 1846 01:16:40,063 --> 01:16:42,329 - He was always there to pick me up and never blamed me 1847 01:16:42,331 --> 01:16:43,764 And never, you know, yelled at me 1848 01:16:43,766 --> 01:16:46,934 Or made me feel bad about letting a goal in. 1849 01:16:46,936 --> 01:16:50,170 - And his lawyers dismissed the prosecution-suggested motive 1850 01:16:50,172 --> 01:16:52,306 That he killed for revenge. 1851 01:16:52,308 --> 01:16:56,677 - This theory is simply not credible on its face. 1852 01:16:56,679 --> 01:16:58,879 - There has always been this question 1853 01:16:58,881 --> 01:17:01,949 As to what this would possibly gain for him. 1854 01:17:01,951 --> 01:17:05,219 What would be the upside of hurting this kid? 1855 01:17:05,221 --> 01:17:07,788 - The defense's biggest point was very simple. 1856 01:17:07,790 --> 01:17:10,091 There was no physical evidence, none, 1857 01:17:10,093 --> 01:17:12,593 Linking nick hillary to the crime. 1858 01:17:12,595 --> 01:17:14,895 - There was no hair, there were no fibers, 1859 01:17:14,897 --> 01:17:22,436 There was no fingerprints, uh, linking nick to this crime. 1860 01:17:22,438 --> 01:17:24,338 - And there was testimony from investigators 1861 01:17:24,340 --> 01:17:26,607 About those unknown fingerprints 1862 01:17:26,609 --> 01:17:29,109 That were found around that pushed out window screen. 1863 01:17:29,111 --> 01:17:33,047 - You have to ask yourself, whose print was on that window? 1864 01:17:33,049 --> 01:17:36,250 Whose print was on the window that that perpetrator 1865 01:17:36,252 --> 01:17:39,520 Climbed out of to escape the building? 1866 01:17:40,923 --> 01:17:44,659 Again, it wasn't nick hillary's. 1867 01:17:44,661 --> 01:17:47,461 - In an unusual move, the defense called to the stand 1868 01:17:47,463 --> 01:17:49,663 Mark murray, the lead cop on the case, 1869 01:17:49,665 --> 01:17:53,067 Getting him to admit his nearly five-year investigation 1870 01:17:53,069 --> 01:17:55,736 Had failed to turn up any physical evidence 1871 01:17:55,738 --> 01:17:58,005 Against nick in any place. 1872 01:17:58,007 --> 01:17:59,139 - Brought him forward and said, 1873 01:17:59,141 --> 01:18:01,342 "you searched his house twice. What did you find? 1874 01:18:01,344 --> 01:18:02,376 "nothing. 1875 01:18:02,378 --> 01:18:03,577 "you searched his car. What did you find? 1876 01:18:03,579 --> 01:18:04,511 "nothing. 1877 01:18:04,513 --> 01:18:05,746 "you searched his office two times. 1878 01:18:05,748 --> 01:18:07,748 "what did you find? Nothing." 1879 01:18:07,750 --> 01:18:09,717 - Which made it clear, the defense argued, 1880 01:18:09,719 --> 01:18:12,687 That police had tunnel vision starting with the night 1881 01:18:12,689 --> 01:18:14,555 Of the murder when lieutenant murray 1882 01:18:14,557 --> 01:18:16,824 And two state cops came to nick's house. 1883 01:18:16,826 --> 01:18:20,928 - Within hours, as you have heard, 1884 01:18:20,930 --> 01:18:23,564 I was targeted. 1885 01:18:23,566 --> 01:18:26,800 Would it be fair to say there was a rush to judgment? 1886 01:18:26,802 --> 01:18:27,768 Yes. 1887 01:18:27,770 --> 01:18:28,969 I cannot recall. 1888 01:18:28,971 --> 01:18:31,305 - The most damning prosecution evidence against nick 1889 01:18:31,307 --> 01:18:33,073 Had been those videotapes. 1890 01:18:33,075 --> 01:18:35,909 First, his deposition in the civil suit. 1891 01:18:35,911 --> 01:18:37,177 - I cannot recall. 1892 01:18:37,179 --> 01:18:39,313 - The defense argued that his inability 1893 01:18:39,315 --> 01:18:42,149 To answer questions then was just a memory lapse, 1894 01:18:42,151 --> 01:18:43,517 Nothing more. 1895 01:18:43,519 --> 01:18:46,286 - The statements he made at that deposition 1896 01:18:46,288 --> 01:18:49,990 Were made 27 months after the death of garrett phillips. 1897 01:18:51,527 --> 01:18:54,862 It is true, he often said, 1898 01:18:54,864 --> 01:18:57,231 "I can't recall", 1899 01:18:57,233 --> 01:19:00,834 But does that make him a murderer? 1900 01:19:00,836 --> 01:19:03,003 - And as for the state's centerpiece evidence, 1901 01:19:03,005 --> 01:19:05,506 That security camera video where nick appeared 1902 01:19:05,508 --> 01:19:08,308 To follow garrett out of the high school parking lot, 1903 01:19:08,310 --> 01:19:10,811 It didn't actually show much of anything, 1904 01:19:10,813 --> 01:19:12,479 Argued the defense. 1905 01:19:12,481 --> 01:19:15,916 - The prosecution wants you to make much of this video. 1906 01:19:15,918 --> 01:19:19,019 But the prosecution wants you to jump to conclusions. 1907 01:19:19,021 --> 01:19:21,288 - Camera doesn't record the end of this. 1908 01:19:21,290 --> 01:19:25,159 - Yeah, there is no videotape that exists anywhere 1909 01:19:25,161 --> 01:19:27,694 That shows nick hillary pulling up to 100 market street, 1910 01:19:27,696 --> 01:19:30,564 Getting out of his car, and walking up those stairs. 1911 01:19:30,566 --> 01:19:32,499 - Nick's assertion that he went to his home, 1912 01:19:32,501 --> 01:19:35,035 And not garrett's, was bolstered at trial 1913 01:19:35,037 --> 01:19:37,037 By two alibi witnesses. 1914 01:19:37,039 --> 01:19:40,474 - The focus was to show that nick was somewhere else 1915 01:19:40,476 --> 01:19:44,511 From the period of 5:00 to at least 5:23, 1916 01:19:44,513 --> 01:19:48,783 And have two alibi witnesses that would hold up. 1917 01:19:48,785 --> 01:19:51,452 - The first was assistant soccer coach ian fairlie. 1918 01:19:51,454 --> 01:19:55,689 He testified that nick stopped by his house at 5:21 p.M., 1919 01:19:55,691 --> 01:19:58,358 About twenty minutes after garrett was attacked, 1920 01:19:58,360 --> 01:19:59,960 According to police estimates. 1921 01:19:59,962 --> 01:20:01,395 - Did fairlie stick to his guns, 1922 01:20:01,397 --> 01:20:03,197 To his same story he's told over and over? 1923 01:20:03,199 --> 01:20:04,264 - Absolutely. 1924 01:20:04,266 --> 01:20:06,066 And said, as he said to me and other people, 1925 01:20:06,068 --> 01:20:07,468 That that afternoon, 1926 01:20:07,470 --> 01:20:09,269 When nick hillary walked in that apartment, 1927 01:20:09,271 --> 01:20:12,005 He wasn't limping, he wasn't sweating, 1928 01:20:12,007 --> 01:20:14,541 He didn't seem discombobulated, he didn't seem upset, 1929 01:20:14,543 --> 01:20:16,877 He just seemed like the same old guy. 1930 01:20:16,879 --> 01:20:18,512 - But it was shanna-kay hillary, 1931 01:20:18,514 --> 01:20:22,349 Nick's daughter, whose testimony would be make or break. 1932 01:20:22,351 --> 01:20:24,952 She testified he was with her at their house 1933 01:20:24,954 --> 01:20:28,956 In the critical time period of 5:00 to 5:15 p.M., 1934 01:20:28,958 --> 01:20:31,625 Which is the same time young garrett was losing 1935 01:20:31,627 --> 01:20:33,827 That struggle for his life. 1936 01:20:33,829 --> 01:20:37,364 - Judge, there is nothing about shanna-kay's testimony 1937 01:20:37,366 --> 01:20:39,099 That was false. 1938 01:20:39,101 --> 01:20:42,402 She is a strong witness, 1939 01:20:42,404 --> 01:20:45,072 And she is reasonable doubt. 1940 01:20:45,074 --> 01:20:47,708 - In cross-examination, prosecutor bill fitzpatrick 1941 01:20:47,710 --> 01:20:50,010 Went after nick's daughter with gusto, 1942 01:20:50,012 --> 01:20:52,046 And got her to admit she didn't remember 1943 01:20:52,048 --> 01:20:54,181 Very much else about that day, 1944 01:20:54,183 --> 01:20:56,450 Except for the time her dad was home. 1945 01:20:56,452 --> 01:20:58,051 - It will all come down to whether or not 1946 01:20:58,053 --> 01:21:01,355 The judge believes whether nick was 1947 01:21:01,357 --> 01:21:03,257 Where he said he was. 1948 01:21:03,259 --> 01:21:04,859 - Which is the gamble nick had taken 1949 01:21:04,861 --> 01:21:06,860 When he waived a jury trial. 1950 01:21:06,862 --> 01:21:10,264 His fate would soon be in the hands of one man. 1951 01:21:10,266 --> 01:21:12,366 Judge catena would decide. 1952 01:21:15,337 --> 01:21:17,404 - I'm never gonna have my son back. 1953 01:21:17,406 --> 01:21:20,173 - My family and I have been living underneath this cloud. 1954 01:21:20,175 --> 01:21:22,075 - We're talking murder two, you know, 1955 01:21:22,077 --> 01:21:24,078 We're talking 25 years to life. 1956 01:21:24,080 --> 01:21:27,948 - The judge's verdict, what would it be? 1957 01:21:27,950 --> 01:21:30,618 - When "dateline: Secrets uncovered" continues. 1958 01:21:38,760 --> 01:21:39,893 - Welcome back. 1959 01:21:39,895 --> 01:21:41,528 Nick hillary was on trial for the murder 1960 01:21:41,530 --> 01:21:43,897 Of twelve-year-old garrett phillips. 1961 01:21:43,899 --> 01:21:47,034 The prosecution portrayed him as a scorned lover 1962 01:21:47,036 --> 01:21:49,002 Who blamed garrett for his breakup 1963 01:21:49,004 --> 01:21:50,470 With the boy's mom. 1964 01:21:50,472 --> 01:21:53,173 The defense countered that there was no evidence 1965 01:21:53,175 --> 01:21:55,976 Tying nick to the killing, and fingerprints found 1966 01:21:55,978 --> 01:21:58,245 At the crime scene weren't his. 1967 01:21:58,247 --> 01:22:00,781 This case was hurtling toward its end, 1968 01:22:00,783 --> 01:22:04,118 And soon one man would determine nick's fate. 1969 01:22:04,120 --> 01:22:06,520 Here's dennis murphy with the conclusion 1970 01:22:06,522 --> 01:22:09,757 Of "the accused". 1971 01:22:10,759 --> 01:22:12,459 - We're talking murder two, you know, 1972 01:22:12,461 --> 01:22:14,361 We're talking 25 years to life. 1973 01:22:14,363 --> 01:22:17,164 This is not shoplifting, this is a very serious charge. 1974 01:22:19,201 --> 01:22:21,969 - The awful question before the court was this. 1975 01:22:21,971 --> 01:22:25,739 Had nick hillary choked the life out of a twelve-year-old boy? 1976 01:22:25,741 --> 01:22:27,874 - He's been lying about it ever since! 1977 01:22:27,876 --> 01:22:29,810 - Lead prosecutor, bill fitzpatrick, 1978 01:22:29,812 --> 01:22:32,379 Had thundered outrage during his closing argument, 1979 01:22:32,381 --> 01:22:35,315 Channeling the emotion of tandy and her family. 1980 01:22:35,317 --> 01:22:38,919 - Garrett phillips wasn't killed by someone 1981 01:22:38,921 --> 01:22:42,923 Passing through town who hates little boys, 1982 01:22:42,925 --> 01:22:46,093 He was killed by nick hillary. 1983 01:22:46,095 --> 01:22:48,829 He wanted to be twelve years old, 1984 01:22:48,831 --> 01:22:51,631 And not be dictated to, 1985 01:22:51,633 --> 01:22:53,867 And that cost him his life. 1986 01:22:53,869 --> 01:22:55,369 - Convicting someone because... 1987 01:22:55,371 --> 01:22:57,371 - The defense team had spent three weeks 1988 01:22:57,373 --> 01:23:00,240 Arguing there was simply no evidence against nick. 1989 01:23:00,242 --> 01:23:04,445 - I know, judge, that you'll get it right. 1990 01:23:04,447 --> 01:23:06,713 I know, judge, that after considering 1991 01:23:06,715 --> 01:23:08,782 All the evidence in this case, 1992 01:23:08,784 --> 01:23:12,119 You will find mr. Hillary not guilty. 1993 01:23:12,121 --> 01:23:15,255 - The defense had wagered an unusual high stakes gamble, 1994 01:23:15,257 --> 01:23:19,092 Bypassing a jury and asking a judge to decide. 1995 01:23:19,094 --> 01:23:23,330 Judge and jury in one man, felix catena. 1996 01:23:29,004 --> 01:23:30,804 A week went by with no decision, 1997 01:23:30,806 --> 01:23:34,574 An excruciating week for both sides. 1998 01:23:34,576 --> 01:23:37,277 Then the judge called everyone back to the courthouse 1999 01:23:37,279 --> 01:23:39,813 To hear his verdict. 2000 01:23:39,815 --> 01:23:41,681 For forty-two-year-old nick hillary 2001 01:23:41,683 --> 01:23:45,152 And his unwavering legion of "truth for nick hillary" supporters, 2002 01:23:45,154 --> 01:23:49,957 It had been a five year old slog to clear his name. 2003 01:23:49,959 --> 01:23:52,226 - We've been here since day one supporting nick 2004 01:23:52,228 --> 01:23:54,494 And, you know, stayed in his corner. 2005 01:23:54,496 --> 01:23:58,331 I'm not gonna stop standing by him now. 2006 01:23:58,333 --> 01:24:00,634 - For tandy cyrus, cocooned in a huddle 2007 01:24:00,636 --> 01:24:04,104 Of supportive friends and family, the agonizing wait, 2008 01:24:04,106 --> 01:24:07,674 With all its fits and starts, was finally over. 2009 01:24:07,676 --> 01:24:09,676 The moment was at hand. 2010 01:24:09,678 --> 01:24:12,780 - As to the charge of murder in the second degree as charged 2011 01:24:12,782 --> 01:24:15,115 In the indictment, the defendant, 2012 01:24:15,117 --> 01:24:18,118 Oral "nicholas" hillary, is found not guilty. 2013 01:24:18,120 --> 01:24:20,788 [applause] - not guilty. 2014 01:24:20,790 --> 01:24:22,923 A quick burst of applause and a cry 2015 01:24:22,925 --> 01:24:24,491 From nick's side of the room. 2016 01:24:24,493 --> 01:24:25,926 - Thank you, jesus! 2017 01:24:25,928 --> 01:24:27,861 - Garrett's uncle shouted out in nick's direction, 2018 01:24:27,863 --> 01:24:29,730 "karma will get you!" 2019 01:24:29,732 --> 01:24:31,465 Nick hugged his attorneys, 2020 01:24:31,467 --> 01:24:34,001 Then dissolved in a flood of tears. 2021 01:24:34,003 --> 01:24:36,803 Tandy, a bundle of nerves while waiting for the verdict, 2022 01:24:36,805 --> 01:24:38,905 Was inconsolable. 2023 01:24:38,907 --> 01:24:41,842 D.A. Mary rain said she was devastated, 2024 01:24:41,844 --> 01:24:44,077 And spoke of tandy's pain. 2025 01:24:44,079 --> 01:24:48,014 - I just simply expressed my condolences, 2026 01:24:48,016 --> 01:24:51,085 And that was about it. 2027 01:24:51,087 --> 01:24:54,955 And she said, "I know you guys tried." 2028 01:24:54,957 --> 01:24:57,691 - Tom mortati, the attorney for the potsdam police, 2029 01:24:57,693 --> 01:24:59,626 Addressed the issue of race, 2030 01:24:59,628 --> 01:25:02,563 Which had been hanging over the case from the start. 2031 01:25:02,565 --> 01:25:04,898 - Race had nothing to do with this investigation 2032 01:25:04,900 --> 01:25:07,701 And, uh, if any of you actually had an opportunity 2033 01:25:07,703 --> 01:25:09,503 To meet with some of the investigators involved 2034 01:25:09,505 --> 01:25:11,571 You'd know that, but I can tell you affirmatively 2035 01:25:11,573 --> 01:25:14,107 That race had nothing to do with this from the get-go. 2036 01:25:14,109 --> 01:25:16,176 - Defense attorney earl ward. 2037 01:25:16,178 --> 01:25:19,746 - There's a family that even after five years still grieves. 2038 01:25:19,748 --> 01:25:21,481 So we're not oblivious to that. 2039 01:25:21,483 --> 01:25:25,785 But nick hillary did not kill garrett phillips. 2040 01:25:25,787 --> 01:25:27,654 Nick hillary's an innocent man. 2041 01:25:27,656 --> 01:25:28,955 - Love you, man, all right. 2042 01:25:28,957 --> 01:25:29,790 We're here for you, bro. 2043 01:25:29,792 --> 01:25:30,724 - Yes, brother. 2044 01:25:30,726 --> 01:25:32,192 - Just a few hours after the verdict, 2045 01:25:32,194 --> 01:25:34,862 Nick told us he felt a sense of relief. 2046 01:25:34,864 --> 01:25:36,196 - Without reservation. 2047 01:25:36,198 --> 01:25:38,665 - But would feel the scars of his ordeal for years to come. 2048 01:25:38,667 --> 01:25:40,967 - I am very happy, don't get me wrong, 2049 01:25:40,969 --> 01:25:43,770 But for five years my family and I 2050 01:25:43,772 --> 01:25:46,173 Have been living underneath this cloud, 2051 01:25:46,175 --> 01:25:49,776 And the focus right now is to start putting this 2052 01:25:49,778 --> 01:25:53,513 In the rearview mirror. 2053 01:25:53,515 --> 01:25:55,549 - Maybe the people in potsdam will try, too, 2054 01:25:55,551 --> 01:25:57,517 To put this case behind them. 2055 01:25:57,519 --> 01:25:59,152 But it won't be easy. 2056 01:25:59,154 --> 01:26:01,555 Nick's civil suit against the police is still pending, 2057 01:26:01,557 --> 01:26:04,724 And small towns don't pivot so easily to normal 2058 01:26:04,726 --> 01:26:07,360 After an epic drama like this one. 2059 01:26:07,362 --> 01:26:10,297 - This case has had a lot 2060 01:26:10,299 --> 01:26:12,900 Of the great elements of fiction. 2061 01:26:12,902 --> 01:26:15,368 And at the heart of it you have this terrible, 2062 01:26:15,370 --> 01:26:18,305 Terrible tragedy, which is the death of a child. 2063 01:26:18,307 --> 01:26:21,107 - And that raw hurt never goes away, 2064 01:26:21,109 --> 01:26:24,644 Not to a mother with a broken heart. 2065 01:26:24,646 --> 01:26:28,782 - I have pictures in my head that will never go away. 2066 01:26:32,621 --> 01:26:34,788 I had to watch as people tried 2067 01:26:34,790 --> 01:26:39,293 To resuscitate my son and failed. 2068 01:26:40,930 --> 01:26:43,864 I'm never gonna have my son back. 2069 01:26:43,866 --> 01:26:46,266 - Had he lived, had he gotten extra years, 2070 01:26:46,268 --> 01:26:48,401 Who do you think he would have been? 2071 01:26:48,403 --> 01:26:51,738 - Still the fun loving kid that he was, 2072 01:26:51,740 --> 01:26:53,340 And joking and teasing, 2073 01:26:53,342 --> 01:26:56,276 And I think he would be looking to have 2074 01:26:56,278 --> 01:26:59,880 A-a very bright future somewhere 2075 01:26:59,882 --> 01:27:02,382 As an athlete. 2076 01:27:06,689 --> 01:27:08,956 - But the boy is buried now with the artifacts 2077 01:27:08,958 --> 01:27:12,159 Of his brief childhood, including that ripstik. 2078 01:27:12,161 --> 01:27:15,095 Garrett exits, forever, frame left. 2079 01:27:15,097 --> 01:27:19,199 The mystery surrounding his killing still abides. 2080 01:27:23,772 --> 01:27:24,804 - That's all for this edition 2081 01:27:24,806 --> 01:27:26,906 Of "dateline: Secrets uncovered". 2082 01:27:26,908 --> 01:27:29,843 I'm kate snow, thank you for watching.