CANTON Arguments to keep the man accused of murdering Garrett J. Phillips in jail will be heard today in St. Lawrence County Court.
Oral Nick Hillary, 39, of 131 Leroy St., Potsdam, is charged with second-degree murder , is accused of having strangled 12-year-old Garrett in his Potsdam home in 2011
St. Lawrence County Judge Jerome J. Richards set bail at $75,000 cash or $150,000 bond for Hillary, and on May 19 he appeared in court with Empire Bail Bonds bondsman Giuseppe Newton of New York City, who told the judge he had secured three pieces of property that would cover Hillarys bond.
The hearing was rescheduled for 1 p.m. today so Hillarys attorney, Christopher Renfroe, New York City, could be notified. Hillary was being held on no bail awaiting the hearing.
According to a memorandum of law that was obtained by the DCO, the properties secured for Hillarys bond will not cover the amount.
District Attorney Mary E. Rain filed two orders to show cause May 19 seeking to either increase his bail or keep him in jail with no bail.
The memorandum, however, concentrates on supporting the second order to show cause, requesting an examination of the value of the three properties offered for bond.
The total value of the three pieces of real property secured by Empire Bail Bonds has to be at least twice the total amount of Hillarys bond, equaling $300,000. Empire Bail Bonds valued them at a total of $279,127, according to the memorandum.
Additionally, the appropriate documents were not submitted with the court for the properties, the memorandum states.
When a bail bond is presented as security, defense counsel must provide the people with the deed to the property, a recent title search, an appraisal, a statement setting forth any mortgage or liens on the property and any other relevant records, the memorandum said, none of which was presented.
Based on our independent investigation, the three properties offered are either upside down with no equity or so encumbered as to render them unavailable to be pledged, the memorandum said.
Additionally, the document said, there is a concern as to how the bond would be collected if Hillary were to jump bail. Empire Bail Bonds, through Mr. Newton last week, guaranteed the court that if Hillary jumped bail it would provide the court with $150,000 cash.
However, based on the documents provided to the district attorneys office this is only a theory and in practicality does not bind Empire Bail Bonds and Insurance Company, INC, to such financial obligation, the memorandum said.
The burden to collect both the $150,000 and Hillary, if he were to jump bail, falls entirely on the district attorneys office. The amount of time and energy needed for collecting that money is potentially more expensive than if St. Lawrence County just provided the $150,000 to the court itself, the document said.
Judge Richards will have to determine, based on the memorandum and arguments heard by both sides, whether he will return Hillary to St. Lawrence County jail and if so, on either an increased bail or no bail at all. Ms. Rain argues that Hillary poses a flight risk because he has lost his job at Clarkson University and holds a Jamaican passport.