By ANDY GARDNER CANTON -- The defense team representing Oral “Nick” Hillary says they chose not the play the race card at trial because they felt the prosecution’s case was weak enough it …
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By ANDY GARDNER
CANTON -- The defense team representing Oral “Nick” Hillary says they chose not the play the race card at trial because they felt the prosecution’s case was weak enough it wasn’t necessary.
Hillary was acquitted on Wednesday of second-degree murder. He was accused of strangling to death 12-year-old Garrett Phillips on Oct. 24, 2011.
“We never ignored, we never minimized … the racial aspects of this case,” defense attorney Norman Siegel said at a press conference outside the county courthouse following Wednesday’s verdict.
He pointed to “a county almost 97 percent, almost exclusively Caucasian … a criminal justice system almost, or in fact, all white.
“The fact that we didn’t play it up was a strategic decision.”
“Race matters. It matters always,” defense attorney Earl Ward said. “There was no need to play the race card because the evidence was very, very thin.”
Ward pointed to tapes the defense entered as evidence with then-Potsdam Police Chief Ed Tischler saying they had “a strong suspect” as the homicide investigation was less than 24 hours old. At the time, state police investigators had not done a forensic analysis of 100 Market St. Apt. 4, where Phillips was murdered.
“You have to ask yourself, ‘Why was Nick Hillary targeted from day one?’” Ward said. “He was determined from Oct. 24 (2011) to be the prime suspect.”
Siegel said he believes Judge Felix Catena handled the case well.
“It’s important there was a judge who believed in the system … fairness is essential,” he said.
Hillary addressed the conference briefly.
“Today I want to express my gratitude to my entire legal team, my entire supporters, my entire family, teammates, all my friends and thank Judge Catena,” Hillary said.
He then stepped back from the podium and through his lawyers, declined to answer further questions after some journalists asked “What’s next for you” and “How were you feeling going into the courtroom.”
Through most of the conference, Hillary stood with his hands folded looking either straight ahead or down at his feet with a solemn, somber expression on his face.
“The tears after the verdict were very natural,” Siegel said. “We’re feeling very good and our smiles say it all.
At least this chapter of Nick Hillary’s life ends on a positive note.”
Following the conference, Hillary, escorted by a half dozen law enforcement officers and flanked by his attorneys, walked from the courthouse to his car. He got in the driver seat, with Siegel in the front and Ward in the back, and drove away with a grin on his face.