Tensions Simmer as a Small Town Seeks Answers in a Boy's Killing - The New York Times - 0 views
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Garrett Phillips, a popular and outgoing 12-year-old, was strangled in his home in fall 2011. The murder set off a mad, all-consuming pursuit for a killer in a region where such crimes are extraordinarily rare.
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It took more than 30 months for prosecutors to charge him with second-degree murder, in May 2014 — and months more to secure a second indictment after the first was thrown out for prosecutorial misconduct. Despite the long pursuit, the case that a jury will hear this summer is far from perfect: There is a distinct lack of hard evidence, according to police testimony — no fingerprints, no witnesses, no hair or tissue samples, seemingly no conclusive forensic evidence at all connecting Mr. Hillary to the crime.In the long lead-up to the prosecution of Mr. Hillary, his supporters have highlighted not only the absence of physical evidence but the lack of any plausible motive or history that would suggest he was capable of murdering a child. They have also said that another man, a local sheriff’s deputy who once dated Garrett’s mother, was removed from suspicion too quickly.
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“I can’t think of any other person who would want to hurt Garrett,” Ms. Cyrus said in a statement to the police after her son died.Like the Raquette River, which splits Potsdam in two, the case has divided opinion and tested residents’ patience in St. Lawrence County, a rural and job-challenged region where 94 percent of the population is white. But the emotional impact on Potsdam is raw and evident: Garrett’s former teachers and family friends cry at his memory, while the village’s elders echo one another, saying such terrible crimes simply do not happen in places like this.“It was like a meteor hitting,” said Ron Tischler, the mayor of Potsdam, home to around 9,600 residents that is about 25 miles south of Ontario.
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Mr. Hillary has also accused the county prosecutor, Mary Rain, of forsaking justice in the name of keeping a campaign promise: Ms. Rain was elected in 2013, in part on the strength of campaigning with Ms. Cyrus and promising to focus the energies of her small office on Garrett’s murder.
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The suspicions and repercussions surrounding the boy’s death have rippled through time and distance. A key defense witness, for instance, suddenly discovered “Justice for Garrett” signs posted near his new workplace and home — each hundreds of miles from Potsdam. Mr. Hillary, now free on bail, found himself rearrested in September for allegedly violating an order of protection by using a drive-through A.T.M. at the bank where Ms. Cyrus worked.
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Garrett Phillips was an ebullient child despite an early-life tragedy: When he was a toddler, his father, Robert — an amiable grounds worker at the State University of New York at Potsdam — suffered a brain aneurysm and never recovered. He died before Garrett was 3.Though Garrett never knew his father, the boy emulated him as he grew. Like his father, he hunted and fished; played any sport involving a ball; and balanced his rowdy and respectful sides, rambunctious sometimes in public but polite to family and strangers.
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On the afternoon of Oct. 24, 2011, Garrett was playing basketball at the middle school with some friends as rain fell intermittently. A little before 5 p.m., Tandy Cyrus called his cellphone and told him to go home to do schoolwork.
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Garrett got on his caster board — something of a cross between a skateboard and a snowboard — and headed home, his progress captured by a series of surveillance cameras and later described in a police timeline.
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Combing the apartment for evidence, investigators found a possible clue: The screen of the bedroom window, about 20 feet off the ground, was “bent outward,” according to the incident report. A tile seemed to be broken on the roof of a lower section of the building, about 10 feet below, and there was a gash in the grass
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His appeal, as both a coach and a person, is evident: His energy is intense, but his smile is unencumbered. He said he had always loved the North Country region’s rural mountains and summertime greenery — when it was warm it reminded him of Jamaica — though he was aware of the cultural boundaries beyond campus.“You’re a black person,” he said in an interview. “You were viewed as such.”A year after being hired by Clarkson, Mr. Hillary found that his relationship with his longtime girlfriend, Stacia Lee, the mother of his three children, was struggling. At a bar called Ton’s, he became acquainted with a bartender, Tandy Cyrus.
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“I go, ‘Listen. Help me understand. Are you and Tandy together?’” Deputy Jones said.Ms. Cyrus, 37, declined to be interviewed for this article, but Mr. Hillary said he had been harassed because of his relationship with her. “It’s not a community with a lot of interracial relationships,” he said, adding that he had “to be mindful” when he was out. “I would go to the local restaurant,” he said, and Deputy Jones’s “friends would come up to me and like, ‘You know you’re not supposed to be dating John’s girl.’”A few months after they met, Mr. Hillary and Ms. Cyrus moved in together, forming a household of five, including his teenage daughter, Shanna-Kay, and Ms. Cyrus’s two sons.
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Lieutenant Murray saw Mr. Duff as deeply credible.“I just can’t bring myself to fathom why a collegiate person playing on a Division III soccer team with his entire future ahead of him would lie and perjure himself on a sworn statement for no reason,” he said.On the evening after the murder, Lieutenant Murray went to watch Clarkson’s men’s soccer squad and videotaped Mr. Hillary coaching the penultimate game of a rough season. (The 2011 Clarkson squad had more losses than goals.)According to a search-warrant application, as Mr. Hillary strode along the sideline, he seemed stiff and sedate and had a “significant limp in his right leg,” something the detective inferred would have been caused by jumping from a second-story window. Last year, though, The Watertown Daily Times posted a clip from Lieutenant Murray’s video: In it, Mr. Hillary appears to walk unhindered along the sidelines.
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As the men were being questioned, detectives searched for damning evidence. They seized Mr. Hillary’s phone and examined the contents of his pockets and his socks. Nude photographs, fingerprints and palm prints were taken. Mr. Hillary’s car was searched. (The timing of the seizures, and of the subsequent search warrants, has been a focus of Mr. Hillary’s civil suit.) The police also obtained his DNA from a coffee cup and the butt of a cigarette.