By ANDY GARDNER

CANTON — A lawyer representing a man who claims to have information that is causing a controversy in the Oral “Nick” Hillary trial says the district attorney wasn’t interested in his testimony because it didn’t fit the prosecution’s theory of the case.

Hillary is on trial for second-degree murder, accused of killing 12-year-old Garrett Phillips in 2011 in Potsdam.

Testimony was suspended Tuesday while Judge Felix Catena held a hearing on the new evidence.

On Tuesday morning, the defense called for a mistrial after learning a state prison inmate named Greg Brown claims to have seen John Jones entering the building where Phillips died shortly before the murder. Jones is a former lover of Phillips’ mother and a St. Lawrence County Sheriff’s deputy.

Efstathia Kyriakopoulos, who represented Brown at the time, said she tried to be at the prison with Brown during an interview on April 10, 2015 but was denied that chance by District Attorney Mary Rain.

“Ms. Rain indicated he was a witness, therefore I didn’t need to be present … she said the evidence did not go with her theory of the case, therefore she was not interested,“ Kyriakopolous said.

She said she tried to contact state police and the DA’s office but received no response.

Inv. Ted Levison from state police and Potsdam Police Lt. Mark Murray went to the prison and interviewed Brown.

Rain said she didn’t know exactly what Brown had to say, just that it pertained to the case and John Jones, and she also passed that along to Hillary’s defense team at the time, attorneys John Collins and Ed Narrow. Hillary has since removed them from the case and hired a new defense team.

Both Levison and Murray were called to the stand. They testified that Levison conducted the interview and Murray took notes, which were later typed up and forwarded to the district attorney.

The defense is claiming since they didn’t know about the notes, it constitutes a so-called Brady violation. Brady material is evidence that would be exculpatory that the prosecution is required to share with defense counsel.

“We’re looking for extreme sanctions, your honor ... had we had these notes prior to picking the jury, we could have interviewed Greg Brown and had him on our witness list," Dumas said. “I know there is one arrow in your quiver we’d like to choose and that’s dismissal … we ask the court declare a mistrial,” defense attorney Peter Dumas said in court earlier on Tuesday. “Your honor knows of all the sanctions that can be imposed … what we really want to exclaim there is this isn’t a small violation. This is huge. We have a witness say he saw another person at 100 Market St. on Oct. 24, 2011 at or about the time this occurred."

William Fitzpatrick, examining Murray for the prosecution, says Brown’s claim is contradicted by video evidence.

“Did Mr. Brown tell you as part of his recollection of the day GP was murdered, he saw Mr. Jones and Garrett entering 100 Market St. about the time school was letting out?” Fitzpatrick said. “Do you know for a fact at the time of Garrett Phillips’ murder, Mr. Jones’ car was parked at 17 Cottage St.?”

“Yes,” Murray answered, because of video evidence.

Following testimony from Kyriakopolous, Murray and Levison, the judge called noon recess. He may rule on the mistrial motion upon reconvening at 1 p.m.

View story about the Hillary defense calling for a mistrial earlier today after learning of statement given to police that may exonerate him.