Nick Hillary Defense Calls for Dismissal of Murder Trial

Defense lawyers for a man accused of killing his ex-girlfriend's 12-year-old son called for a dismissal or mistrial as the second day of court began in Canton in upstate New York this morning.

Lawyers for Oral "Nick" Hillary - a local father and a former college soccer coach - asked for the dismissal or mistrial because, they say, prosecutors withheld a witness from them. That witness, Greg Brown, claimed he saw John Jones, also an ex-boyfriend of the victim's mother, on the street of the crime around the time of the murder.

"This may have changed our defense strategy," said the defense team, arguing that information from Brown's interview wasn't turned over to them until the first day of trial. "We may have stuck with a jury rather than a bench trial."

The revelation that a witness saw another person near the crime scene "isn't a small violation," said the defense team. "This is huge."

Police have said surveillance video showing Jones near his home around the time of the murder eliminated him as a suspect.

The victim, Garrett Phillips, was found strangled to death in the apartment of his mother, Tandy Cyrus, in Potsdam, New York, in the afternoon of Oct. 24, 2011.

The popular, friendly and athletic golden-haired boy had just begun the sixth grade when his mysterious murder shocked the small town. From nearly Day One, the spotlight of suspicion seemed focused on Hillary, and he was charged with second-degree murder several years later.

Hillary, who has always insisted he is innocent, waived his right to a jury last week, and the case began this week as a bench trial. On Monday the prosecution and defense teams gave opening statements, and then Garrett's mother took the stand, tearfully recounting her son's final day.

After the defense requested a dismissal or mistrial today, the judge said he needed more information before making a decision.

Prosecutors called the request "extreme."

Prosecutor Mary Rain said she knew that Brown had come forward, but she said she was told his information was not truthful. She said investigators told the district attorney's office that Brown's statement was not something to pay attention to.

She added that she didn't know that police took written notes with Brown until Monday. She said in court today that she thought "the interview was all oral and was very short."