In this episode of devil, we know Garrett Phillips dead at age 12 has a mystery killer on the loose Nick Hillary. His mom's ex is the only suspect and her other X. Jon Jones is the one driving the investigation against him. In a series of injustices and Miss handlings of his case Nick discovers to a great extent the corruption present in New York's North Country even worse. He discovers that his former competitor. John has his Town's police force in his back pocket. Thanks to them. The whole state is out to get him for murder. You were listening to devil. We know a true crime podcast, which may contain adult themes explicit language and graphic depictions of violence portions of the show may be traumatic for those under 18. Listen. Your discretion is advised. Well, Nicholas Hillary known as Nick by everyone started life in warm Jamaica with a family of 15 where he developed a love of soccer as a teenager. He moved to the state's settling in Brooklyn for a time and briefly attending New York University before deciding to instead joined the military. He was deployed as a US Army Gunner into Iraq right after Desert Storm. And when he finally returned home to New York, he had his heart set on school once more the passion for his favorite sport then and there either Nick wanted to play for a college team and after about of searching Upstate. He'd found the school that he thought was perfect for him st. Lawrence University a liberal arts college and Canton, New York. So he talked to his friend a fellow Jamaican immigrant named minai to fari. He told him that Saint Lawrence was the place to be and soon enough Nick and when I both made their way up to Canton where they blew the socks off their division three competitors. In fact Nick's team wound up being the first men's soccer team from a division three school to finish a season undefeated and untied before winning a national championship all with Nick acting as a senior co-captain for the team. He was in fact a backbone member of the team keeping them inspired and fed throughout his time there and when his time at st. Lawrence was done, it wasn't long before he was pursuing a career in coaching. After all soccer was still his passion. So after a stint of assisting coaching at SUNY Potsdam satellite School in the small town of Potsdam, New York. He went to Florida to coach at a high school. He then came back to New York first as an assistant coach at St. Lawrence from which he was an alumnus. After that, he was able to leverage a position as head coach at Potsdam Zhou other school Clarkson University. There he became the Talk of the Town as the rural towns pride and joy their college now had a star athlete as a coach. He was integral in the team success once again, and he was celebrated as such on many occasions. The success was attributed to his belief in the strength of structure. Every routine had a purpose and to deviate was to welcome failure. He was known also for his friendliness, although some in the town also claimed that Nick had a temper. One Clarkson University team captain noted that the coach would flip a switch when crossed shooting looks and shouts that intimidated the lot of them. It's not a strange quality in a soccer coach though to have a strong and spirited reaction and regardless of this. He was popular not only with the proud athletic traditionalists of the area. But also with the ladies. Perhaps the fault as much as it was a bun his friendliness was seen by his friend Ian fairly a fellow coach at Clarkson as commonly misunderstood fairly stated that Nick was often thought a flirt for his usual demeanor of a friendly smiling conversationalist. Still that didn't mean that Nick didn't start any trouble in his pursuit of affection. There was at least one instance where his friendliness in fact got him in a mound of trouble. The trouble started when he began becoming friendly with Tandy Cyrus. Tandy at the time she met Nick was dating a sheriff's deputy by the name of Johnny Jones jr. Their relationship was likely already on the rocks by the time Nick stepped into half tons bar known locally as tons were Tandy work nights tending bar. Nick would visit the bar to fraternize with his fellow coaches and eventually he and Tandy started having conversations of their own about the sport. Tandy who had played soccer earlier on understood much of what Nick would be discussing and soon the two were spending whole nights talking sometimes passed last call but the honeymoon period of this new friendship was not to last long John Jones tandy's boyfriend had caught wind of the two hanging out as is often unavoidable in a small town like Potsdam. John stated that he enjoyed that aspect of dating a pretty lady brushing off the situation on camera when interviewed about it later. However, at the time John was anything but cool about it. He had used his position in the police force for intimidation. Mainly as Nick received multiple warnings from John's fellow cops stating that Nick had better not be seen Tandy John himself even showed up on Nick's doorstep threatening to kick the door in if he ever found out that Nick was seen his girlfriend. Nick stated that nothing was going on assuaging John in the moment after all Nick had his own girlfriend Stacia Lee and he lived with her and their children in the house where John delivered his threats, but that too was short-lived once Nick and Andy had made their acquaintance. John reached out to station on the phone later on stating that Nick and Tandy had been together Stacia who was none too pleased got herself arrested after deciding to cut up next close as retribution leaving them all over the front lawn. They once shared needless to say station was no longer a part of Nick's life and soon Tandy found herself in a similar domestic dispute. She and her two boys moved to an apartment and after a few bouts of harassment John was effectively shot out of her life. Tandy did Welcome Nick and his children into her life though and soon the two were openly romantically involved leaving on trips together and eventually living together families in all it was a mix of bliss and tribulation while the two were quite romantic with each other the other aspects of their life together started to place an unexpected weight on the couple for one. They were The Whispers. The rural town of Potsdam college town though. It was had a majorly white population that expressed in archaic opinion about Tandy the local and a white girl dating the man of color those considered a homewrecker by the police force sure. There were people who couldn't care less about an interracial couple as they had grown to be much more. Well suited to the world than their fellow townies. But there were those who voiced their disapproval and some of the disapproval came from kids raised in such a backwards home life. In fact, Tandy son Garrett Phillips encountered comments from children at his school due to the fact that his mother was now dating a black man. Garrett, of course relay these comments to his mother and Nick and Andy were wrought with concern for Garrett whose roots in this town's intolerant Traditions may have been one of the seeds of their breakup. There was more than race and issue though, Tandy and Nick soon found that their shared family have problems between the two parenting Styles Tandy managed a laid-back attitude for her son's Garrett and Aaron each of whom were allowed to watch TV and to play throughout the week with little restriction. Nick's children. However lived much like Nick's Soccer Team rigid regimen for study and sleep with little room for entertainment on the weekdays. This couple of parents couldn't be more different in their handling of their respective children, but it didn't end there Nick who is particularly proud of his parenting would sit Tandy down weekly to discuss her children in the issues at hand with them. This was particularly true of Garrett according to tandi's later accounts, but the discussions did go both ways with Nick receiving parenting assistance from Tandy as well. Although the discussions at first seemed welcome according to the messages between the two it was clear that Tandy was not as receptive to Nick suggestions and restrictions once more time had passed. It was also clear to the family members that Garrett specifically felt animosity toward Nick Nick for his part as the unaware parent insist that the relationship between him and Garrett was amicable, but there was an account to the contrary. Went Andy and Nick finally decided on separation and an eventual breakup. It was Garrett's feeling about Nick that served as a main deterrent for getting back together. According to Tandy still following the Heartbreak the to endured Tandy found an apartment and begin living a life separate from that of Nick eventually stopping their occasional contact on mutual agreement and September of 2011 for Nick though that mutual agreement would soon become a Cornerstone in Near decade of questioning and Injustice against him for Nick the end of life as he knew it was nearer than ever. Garrett Phillips tandy's older son had been home not long at all before he was met with the circumstances that led to his untimely death on Monday, October 24th. The case was not clear cut though when officers arrived on the scene. The apartment was a mess in the boy. They had found was not breathing. No pulse. No response just with a darkened to Blue expression. He was rushed to the hospital where he eventually passed in the of company of his family and John tandy's previous X Meanwhile, please took what they could consider evidence from what they now thought was a crime scene. They were almost certain that what they'd found was a homicide. There was a window with the blinds bent outward suggesting someone escaped minutes after attacking Garrett. There were also tissue samples and latent fingerprints left there that were saved to run against the database. However, the most valuable indications of implication or the timeline that the police made based on the witnesses and evidence available. They had ascertained when Garrett was at school when he was heading home and when he had been attacked what they needed to learn next was who was available to attack him during that short 30 minute time period between when Garrett was accounted for And when he was heard by his next-door neighbor's pleading for help. The police although they had found several strange indicators of activity at the crime scene chose only to pursue the suspicions that were shared by the Phillips family and John tandy's emotional support during this time when meeting with John and the family the police came to the conclusion that the person of interest in the case was none other than Nick Hillary the most recent of tandy's exes. Plagued with the reputation of a homewrecker amongst the police. It came as no surprise to the investigators that Nick was to be considered for murder. It didn't help either that Nick and Garrett had a history of what Tandy considered animosity. However, the police didn't even pursue Nick with rightful means and evidence armed with a video that indicated nothing of the sort Lieutenant Mark Murray Head investigator for the case. Illegally detained Nick for the better part of Wednesday following Garrett's death on the assumption that Nick had an injury from jumping from Garrett Second Story apartment. Well, the video apparently of Nick's limp was later proven inconsequential at the time. It was considered proof enough to strip. Nick buck-naked photographing his body for any sign of such injury. They found no such injury though. In fact, the only mark on his body was a small old scabby wound on his ankle. And of course would have nothing to do with a fall and seeing as the limp was non-existent. They had reached a dead end. It also would have helped X case to know that he had an alibi as Ian fairly confirmed by placing Nick at his house at 5:20 1 p.m. On the day of the so-called murder scene as patrolman Wentworth upon knocking on Garrett store had still heard movement inside the apartment at 524. It would have been impossible for Nick to be present still illegally detained and dehumanized by the police Nick stood naked and phoneless awaiting his lawyer friend to arrive. I've minai to fari the friend in question drove seven hours to show up for his friend in need and even upon arrival couldn't believe what he'd seen and heard Nick had been thoroughly mistreated and he hadn't been arrested. This was just the beginning of the long road ahead of Nick, but one thing was clear to him. Even then that Potsdam police were out to get him killer or not. The world was getting smaller for Nick as soon the entire town of Potsdam was of one opinion Nick Alibi or not was the Killer. To them it was clear as day that he had taken the life of Garrett Phillips and the police had even tried appealing to his emotions to get a confession quote. We know you didn't mean to hurt him when you went over there and quote. They had told Nick as he sat in the office of that police station about to have his individual rights completely overridden by cops who had taken the advisement of their friend John too far. After he had been seized and detained under false pretenses Nick's phone and car were seized and searched as well eventually leading up to that night when the police obtained a search warrant to pick over Nick's home as well. They of course had found nothing of note and weren't able to connect Nick with the murder his Alibi with Ian at the time of the crime was chiefly disregarded while police eventually ran Nick's prints and DNA against the samples obtained from the apartment. Nick was neither excluded or included as a match according to these tests, but it was clear that Nick was the only man they pursued as John Jones himself was allowed free Reign Over the investigation offering suggestions. Ins and influencing the overall decisions of the investigators with whom he was all too chummy. I will be right back after this quick message. Although the evidence clearly did not Place Nick at the crime scene. He was being ostracized by the town that once celebrated his success as a local Coach Clarkson University had even taken his position from him not wanting to associate with a man who was implicated even unofficially in the murder of a child Nick saw the signs of his previous. His life ending in at Great cost even his kids grew to worry for him. Although he was able to hide much of the issues at hand from his younger. Children. Shauna K. Nick's daughter even began to hear The Whispers In Her high school and inescapable feature of the small town environment. Thanks to this mistreatment and misconduct from the police though. Nick found his next move alongside his friend my he decided to sue the town of Potsdam for civil rights violations resulting in his defamation. Emotional distress among other side effects. It was clear to that. Nick had a case the demoralization that came from unlawful detainment along with the fact that Nick was the only person in decades to be photographed nude and the local police station showed many onlookers. Just how far the Podunk police force were willing to take their charade. In fact, even their search warrants were issued in doubtful conditions seen as the crime scene had left no circumstantial or hard evidence against Nick. John all the while kept offering leads to pursue in the investigation against Nick and soon the police compiled. The one thing they believed to be damning for the coach security videos, which depicted Garrett skating out of the high school parking lot while coincidentally capturing Knicks entrance and exit into and from the same lot. It wasn't much but the cops noticed one detail onto which they held for dear life. They ascertained that the direction Nick turned out of the lot was not the Way to Nick's house. Therefore they assumed he must have been attempting to follow Garrett home where they believe he cornered and strangled him in pursuit of his reunions with Garrett's mother. It's safe to say that because of the lack of evidence. This notion was a confusing one to follow for the sensible people that tended to this case later on. But at first the lack of sensibility had one out Nick sued in order to receive reparations for the police's blatant disregard for his rights. But the police were related by this suit it meant that they could finally get answers to their questions since the majority of them had gone ignored while Nick awaited his lawyer and was violated by the police the defense attorney that Potsdam hired to represent them knew that to win and get the lawsuit dismissed. He would need to essentially prove Nick was the killer. It was a case unlike any other he'd ever seen many in the town saw the suit as adding insult to injury since Nick was suing the town before the murder of Phillips had even been solved Nick however knew that the only way to get to who really killed him would be by eliminated himself as a suspect. This suit could achieve that if done right and so the game was afoot meanwhile Nicole duvet the district attorney received criticism left and right for the appearance stall and solving Garrett's murder. She insisted though that without further Evidence there wasn't much she would be able to do. That argument is a clear-cut one, but for a town that was fueled by misinformation and emotional. Like there was not much else to do except take matters into their own hands firstly there was an onset of lawn signs that began popping up in the North Country demanding Justice for Garrett Phillips the signs which were being sold and distributed by The Grieving family also served as an intimidation tactic. They were popping up along the commute of Ian who had moved out to Buffalo for works. Time after the events of the murder transpired and also found these signs left directly outside of his parents home, which was also a ways away from the 9,000 resident town of Potsdam. Why else would the signs find their way to these locations except to cause Ian to feel threatened Justice for Garrett Phillips asthma and I pointed out was a Battle Cry as he put it in an interview with documentarian Liz Garbus. It was clear from the town's present and future actions. That the science meant to actually read Lynch Nick Hillary so much for civil rights. There was another point of contention with the a duvets work on the case. That point was the Challenger for her office in attorney named Mary rain rain used the emotionally charged case as a pivotal platform on which she addressed the voters as she used The Grieving Phillips family as a way to ensnare The public's approval rain became the face of a prosecutorial approach to the case. Hand soon enough afterward as promised rains effort resulted in the premature arrest of Nick Hillary for second-degree murder, Nick Hillary a man with zero evidence backing his incarceration even his criminal record was clean safe for one misdemeanor incident involving marijuana rain had Nick where she wanted him only for a short period in 2014 though a few months later in September. Nick's case was dismissed as rain was scolded for her conduct in court. Her methods of questioning were notably biased she expressed her opinions in lieu of fact several times and she made use of exhibits without proper Foundation all proper sins in the eyes of the Court rain wasn't dissuaded entirely though and thanks to the lawn sign spreading across the North Country. The case wasn't forever set aside. In fact, Nick was indicted once more with the murder charge in January of the following year and soon there. A trial date rain though had continued her misconduct as a prosecutor going before a New York appellate court for being held in contempt and for not working on multiple cases. She even exercised verbal prejudice against an accused rapist during her closing remarks causing the judges to dismiss the case due to her continued unscrupulous practices the case against Nick was postponed to occur instead of August of 2016. It was a difficult situation to undergo but Nick held fast with his friends and family free on bail while awaiting trial all that time. Even his lawsuit continued pending while he moved to also Sue Mary rain for her actions against him which were nothing short of inappropriate her attention to the use of Nick as a scapegoat made it clear that to her. This case was her ticket to stay in office as district attorney. She was counting on putting Nick Behind Bars and Nick knew it. He knew it all too. Well. The proceedings of Nick's case for obviously slow going but there were more and more people following the case each month. At one point though a poignant and previously unexplored question was levied against the attorneys. What about Jon Jones John the ex-boyfriend who predated next year with tandi was now in the picture once more more than that. He was playing a huge inappropriate part in the investigation against Nick as an obvious choice for Person of Interest. It was strange too many onlookers privy to the case that this man had gone unconsidered by the police. To cover for their misconduct though Lieutenant Mark Murray had already taken pictures of John's person same as Nick's the similarities were few and far between though John for his part had not been forced to strip for the photos. Unlike Nick in the photos that did exist were very few. Lastly. The pictures also failed to include John's face. It was clear to any Layman that the treatment of Nick vastly differed from that of John. However, the differences didn't end with the actual photos. The mode of to is different as Marie later admitted only photographing John so that he could say that they done so with a person in addition to Nick likewise rain suggested that John himself had been briefly considered a suspect in the case a blatant lie, seeing as John was allowed to sit in on the meeting Tandy had with police the day after the murder. It was clear that they never considered him for a moment on the case. The police also allowed John to know the investigations goings-on. Even having a hand in the work himself the prosecutors did however see fit to submit a security video from the hospital across the street of John walking his dog outside his house approximately 20 minutes prior to the time of the murder. This video did contradict John sworn statement in which he recalls leaving his house in his truck to visit the Adirondack Federal Credit Union at that time. However, according to rain it also exonerated John completely from suspicion effect that is still disputed today. She even contested that the video proved that Nick was the one at the scene of the crime during the time that Garrett was killed a misleading statement that eventually was also dismissed at the time but the facts that do remain are these at every turn of Nick's case John and his Chums Lieutenant Mark Murray and police chief Ed tishler were grasping at straws. Fabricating assets to help him implicate Nick in the murder. John also had a more troubling past and Nick including abuse of Tandy during their relationship stocking and verbal threats to multiple persons, including Tandy and neck for an officer of the law. It was a long laundry list of no-nos. It didn't end there though. John had started a lawsuit against Andy shortly after breaking up and he showed up unannounced and unwelcome to her apartment during the same time period it was more than enough to build a case stronger than the one against Nick. Minaya later said in the strangeness of it all was the fact that alongside other possibilities of Garrett's death John's culpability was not even remotely considered once Nick became the subject of the police's Focus. They looked at nothing else considered nothing else find it only the wafer thin case against Nick with a lackadaisical pursuit of actual evidence for the investigation. John the spurned lover that Tandy had dismissed for companionship with a man of color also clearly had some trouble relating to issues of race during his interview for the documentary who killed Garrett Phillips. He stated that he didn't work off of racial stereotypes proceeding to make a racially stereotypical comment in regard to the case this feature, of course is a definite highlight for the case in which a black man was implicated in Murder by a rural town. That was 94% white. And previously proven to be largely intolerant. If that weren't enough there was in fact the subject of John's racially-charged comment a man named Greg Brown a convict and former bouncer at the time of the interview whose statement included seeing John near the apartment at the time of the murder. Rain buried the statement yet another tick against her as the defense didn't get an equal chance to review the account instead. She stated that she left the statement alone because she believed it to be untrue. Never mind. The fact that an attorney can't act on a hunch in such a way but burying evidence that the defense hasn't seen his misconduct like no other it's foul play. She was ordered to produce the statement. Although she claimed that John was without a doubt innocent of the crime they doing that. Count from Greg Brown or g-money must have been a lie. Regardless there was much more here than that was produced against Nick Hillary in the coming months and there was much more produced but with little substance. Nick's trial was admittedly a hard one to get through first. The prosecution had made another attempt at submitting a DNA test for consideration though, Nick. Hillary did not match positively in the previous two tests run against the crime scene samples. This new test was apparently showing different results. The test was performed in an unapproved facility and it's inconsistency with the other two tests, raise more suspicion. In the end the judge ruled. This is inadmissible considering it was obtained at an unapproved lab next rain had attempted to appoint jurors that suited the prosecution. In fact, Nick told Liz Garbus that he felt that not one person on that jury would have given him a fair Shake not one would have with his confidence taken on the responsibility of considering the facts of the case. It was hard to find someone in the North Country who hadn't heard of Garrett Phillips by 2016 more importantly it was hard to find someone in the area who wasn't told face-to-face by their domestic rumormonger that Nick Hillary was the one who did it. So with the support of his defense team Nick made a frightening decision. He decided to proceed with a bench trial choosing trial by judge instead of trial by jury meant that there was only one vote instead of 12. Judge Felix Catena, then went over all the evidence and files on hand and the trial began with 22 Witnesses in over a hundred exhibits from the prosecution all circumstantial and all with holes in the theory that Nick left that parking lot to go hunting for Garrett Phillips. Nothing provided with concrete and nothing they attempted to argue held water. Next the fence on the other hand provided only eight Witnesses and seven exhibits through the lack of evidence and the challenged motive that people had assigned to Nick for the crime judge Katina. Eventually found Nick not guilty. He was proven innocent of the crime and was free to live his life again marred though. It had been by the actions of that small town the Phillips Family mourned the acquittal Garrett's Uncle Brian Phillips who's blatant racial slurs and derogatory remarks on. Look targeted Nick often shouted at the innocent man. Karma is going to get you. It was clear. There was danger in these Woods. The North country was no place for this man to continue living his life despite having been wrongly accused and framed for murder regardless of the facts regardless of the misconduct that law enforcement in the area were obviously willing to resort to the people of Potsdam didn't want their soccer Golden Boy. They believed him a killer plain and simple and they were all willing to deny him civil rights to claim Justice for a boy whose actual killer still walks free today. Granted there has yet to be in an actual investigation of Merit done to solve the crime. In fact, it may never be done. But the truth is this even the most adamant assault on Nick couldn't implicate him as the killer. So it's clear that the answer is still out there who killed Garrett Phillips indeed once the Potsdam police and the people of the area learn to let go of their prejudiced predispositions, perhaps they will be able to deliver on the justice that their lawn signs have been pleading for. Perhaps after all of that's been done and seen there can be one group effort that results in bringing a killer to his knees. We'll have to wait and see. Thank you for listening to devil. We know in part 2 of the Garret Phillips case if you want to support devil, we know and get two extra episodes a month. Please support us on patreon at patreon.com devil. We know podcast for a dollar a month. You'll get two bonus episodes stickers and some other goodies and until next week. Stay safe. Sources WT Eckerd of nny i360 Jesse McKinley of the New York Times NBC News and Dateline NBC Liz Garbus is docu-series who killed Garrett Phillips?
Nick Hillary is hunted by his own town after the death of a 12-year-old boy, and he must find a way to prove that he's not the killer. But the person driving the investigation is someone with a mean streak and a grudge against Nick: that somebody is the sheriff's deputy, and he's got a team of police and lawyers that will do anything to put Nick away — even if it means breaking the law.Written and researched by David Wayne Young SOURCES:W.T. 