BY ANDY GARDNER
North Country This Week

CANTON -- A non-profit agency recently sent a letter to St. Lawrence County District Attorney Gary Pasqua requesting a special prosecutor be appointed to investigate the murder of Garrett Phillips.

The 12-year-old boy was murdered in his Potsdam apartment on Oct. 24, 2011. Oral “Nick” Hillary, a former Clarkson soccer coach, was later arrested and charged with the murder. He was acquitted after a three-week bench trial in the fall of 2016. That trial drew national media attention and was the subject of a two-part HBO miniseries titled “Who Killed Garrett Phillips?”

Following the trial, then-DA Mary Rain said there would be no further investigation into the boy’s death, as she was confident Hillary was the perpetrator. Pasqua, upon taking office following Rain’s term, said he considers the case to be still open and will forward new leads to the appropriate investigating agency.

Rochester-based It Could Happen To You sent the letter and cites several reasons for requesting an independent prosecutor. It is signed by Bill Bastuk, chair of the It Could Happen To You board, and agency board members Jeffrey Deskovic, Steven Downs Esq. and Thomas Hoffman Esq.

“Our Organization represents numerous people who have been wrongfully prosecuted or convicted. A major driving force behind our zealous advocacy is the knowledge that when an innocent person is accused or convicted, the guilty will escape justice. Our request for the appointment of a Special Prosecutor is a reflection of this truth,” the letter says.

Pasqua confirmed receiving the letter and declined to comment.

The letter alleges that the Potsdam Police Department cannot be an objective investigator of the murder.

“The former and current chiefs of the Potsdam Police Department are currently being sued by the defendant who was tried and acquitted for the crime by a judge. There are pending allegations in federal court of a conspiracy to deny the acquitted defendant of his constitutional rights as well as equal protection violations,” the letter reads.

The second reason for requesting a special prosecutor cites DA’s investigators who were included in Hillary’s lawsuits.

“Second, the only two District Attorney investigators on your staff have both played active roles in the initial investigation into the murder of Garrett Phillips, an investigation that resulted in an acquittal of the defendant and a pending federal lawsuit against your employee Edward Tischler,” the letter reads. “Former Potsdam Police Department sergeant Dan Manor, was the Chief District Attorney Investigator at the time of the murder of Garrett Phillips, and continues in that role today. As you know, in a matter as important as the murder of a twelve-year-old boy, it is extremely important to avoid even the appearance of impropriety.”

The final reason cited in the letter is because Phillip’s death was been used as a campaign by former DA Mary Rain, who unsuccessfully prosecuted Hillary, and was suspended from practicing law for two years partially due to her handling of the trial. She withheld from the defense a witness who may have given testimony that was exculpatory of Hillary.

“Garrett Phillips was murdered on October 24, 2011. Since that date, his death has been used as a campaign platform relating to the dissolution of Potsdam Police vote in November 2011, and a major issue in a race for District Attorney by your predecessor Mary Rain in November 2013. The appointment of a Special Prosecutor will make evident that the investigation will be handled with the objectivity and independence Garrett, his family and the community deserve,” the letter reads. “Those living and working in St. Lawrence County need to be rest assured that there was an independent and complete investigation to identify the true perpetrator.”