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Last Thursday, Oral “Nick” Hillary St. Lawrence ’00 shocked the North Country by choosing to waive his right to a trial by jury, also known as a bench trial. This was done despite pleas by Onondaga County District Attorney William J. Fitzpatrick, who is assisting in the prosecution. Hillary is accused of murdering 12-year-old Garrett Phillips, the son of his ex-girlfriend, in Potsdam al-most five years ago. Hillary asked presiding Judge Felix Catena to hear his second-degree murder case and issue a ruling, without considering a verdict from 16 St. Lawrence Country jurors. The decision came after a long night of discussions between Hillary and his defense team. Defense attorney Earl Ward, said, “We picked a fair jury yesterday. But we also have a fair judge, and we opted for a fair judge. That’s the bottom line.”

When Judge Catena granted the bench trial, he warned Hillary about some issues that could arise. Catena explained that he had already reviewed DNA reports and grand jury minutes that could be excluded from the trial that a normal jury would never have access to. Catena said, “I can assure you that won’t influence me. But I want you to know I have seen those things.” In addition, Catena denied the request of St. Lawrence County District Attorney Mary E. Rain and Onondaga County District Attorney William J. Fitzpatrick for new hearings on DNA evidence.

Arguments began Monday in the trial. The courtroom was full, with the victim and defendant’s families both in attendance and Judge Catena presiding. Opening statements began in the morning, followed by Tandy Collins, Garrett’s mother, as the first witness.

As the story surrounding the case has mostly been about race and little evidence, Prosecutor William Fitzpatrick urged Judge Catena to look at it from a different point of view. “It’s not about tunnel vision, rush to judgment, the defendant’s race. It’s about 30 minutes in Potsdam [in] 2011,” said Fitzpatrick. Fitzpatrick explained that the prosecution would go over those 30 minutes and Hillary’s hatred for Garrett. Garrett was simply, “a little boy who had the audacity to dislike the great Nick Hillary,” said Fitzpatrick. He said that the prosecution has gathered enough evidence to essentially prove the case.

Attorney Norm Siegel delivered the opening statement for the defense. He argued that Hillary had no motive, being a father of five, coach, and mentor, saying, “Violence is inconsistent with who he is and what he’s done in his life.” He went on to explain that there is very little hard evidence, such as fingerprints, fibers, or hairs and that police searches have been “intense, invasive and obtrusive.” Siegel said, “No one will come into this courtroom and say, ‘I saw Nick Hillary sneak into the home of this child before he was killed.’ Why? Because it didn’t happen. And no one, absolutely no one, will come into this courtroom and say to your honor, ‘I saw Nick Hillary run out of Garrett Phillips’ home after he was killed.’ Why? Because it didn’t happen.”

The first witness was Tandy Collins, Garrett’s mother, who testified Tuesday afternoon. The prosecution guided the courtroom through her relationship with Nick Hillary. Collins and Hillary began dating in 2010 and soon moved in together with their three children from previous relationships all living in one house, but Hillary’s disciplined parenting style did not mix well with Garrett’s active personality. “It wasn’t a good situation. My kids weren’t happy. I wasn’t going to stay in a situation where my kids weren’t happy,” Collins said.

In 2011, Collins broke up with Hillary, but the prosecution showed text messages that revealed Hillary and Collins kept in contact and occasionally he would sleep over after their break up. Their contact stopped about a month before Garrett was killed. When conducting a cross-examination, the defense asked Collins if Hillary had ever “raise[d] a hand against Garrett in anger.” She said he did not, but there was one domestic dispute where Hillary picked her up and carried her through their house.

In addition to the testimony of Garrett’s mother, the court also heard from Janet Paul, the victim’s grandmother. Paul had been a janitor at Clarkson University when Hillary served as soccer coach there. After meeting Paul twice, Hillary began speaking with her on campus and asking for advice in his relationship with Collins. This made Paul very uncomfortable and he also raised his voice at her. She said, “He was upset with my daughter because he did not like the fact that she was letting a 12-year-old and a 7-year-old influence her decision to leave him.”

Defense attorney Earl Ward argued that Hillary may have seemed threatening because of the way he speaks and talks with his hands. In the summer of 2011, Paul began to believe that Hillary was a threat to her family. When Garrett was murdered, she told police she thought Hillary killed him.

Another bombshell was dropped on Tuesday morning when it was revealed that St. Lawrence County D.A. Mary Rain had failed to disclose critical information to Hillary’s defense team. In April 2015, the D.A. had sent investigators to visit to the Attica Prison to see Gregory Brown, Jr., who had allegedly seen a man leave Collins’ apartment building, where he was murdered. He identified the man as St. Lawrence County Sheriff ’s Deputy John Jones. When she first heard this in their meeting, Rain was doubtful of Brown, saying, “It’s a complete fabrication.” Brown is a convicted felon who is now in jail for statutory rape and criminal possession of a loaded firearm.

It is a violation of Hillary’s constitutional rights for the prosecution to with-hold any evidence from the defense that may work in their favor. The defense urged Judge Catena to declare a mistrial, but he said for now, there will be no mistrial. He added that there is “no question” that the prosecution should have not withheld their notes from the meeting with Brown.

This case will move forward in the coming days. For both continued coverage of the Nick Hillary Trial and additional details on the background of the Justice for Garret case, visit NorthCountryPublicRadio.org or download NCPR’s podcast “Day-by-Day: The Nick Hillary Trial.”