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January 22, 2015

DAILYKENN.com -- A small city in Upstate New York is the site of a four-year-old unsolved murder.

Police, however, believe 12-year-old Garrett Phillips was suffocated by Oral "Nick" Hillary.

Hillary had been previously indicted, but was released by a judge who accused the District Attorney of using prejudicial questions of grand jury witnesses.

Hillary was the men's soccer coach at Clarkson University and the boyfriend of Phillips' mother.

The crime occurred in Potsdam, New York.

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The boy was found unconscious inside his home after neighbors heard screams and cries for help on Oct. 24, 2011. He was pronounced dead that evening at a hospital. Officials say he had been strangled and suffocated with a pillow.

A new murder indictment has been issued against a former college soccer coach accused of strangling and smothering his ex-girlfriend's 12-year-old son in upstate New York.

Local media report that the second indictment procured by St. Lawrence County District Attorney Mary Rain says Oral "Nick" Hillary killed Garrett Phillips in October 2011 in the boy's home in Potsdam.

The first indictment came last May but was later dismissed by a county judge who criticized the DA for what he described as bullying and prejudicial questioning of grand jury witnesses.
DA Rain says the same evidence was presented again to a grand jury last week.

Hillary is a former coach at Clarkson University in Potsdam. He had pleaded not guilty following the first indictment.

A message was left Thursday with his attorney.



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