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INDEX NO.

2017EF292

FILED: ONONDAGA COUNTY CLERK 01/19/2017 12:13 PM


NYSCEF DOC. NO. 9

RECEIVED NYSCEF: 01/19/2017

EXHIBIT G

EXHIBIT G

--------------------------------------------------------------------------------------)(
In the Matter of the Claim or ORAL NICHOLAS HILLARY,

Claimant,
-against-

NOTICE OF CLAIM

ST. LAWRENCE COUNTY, ST. LA WREN CE COUNTY


DISTRICT ATTORNEY'S OFFICE, ST. LAWRENCE
COUNTY DISTRICT ATTORNEY MARYE. RAIN, Individually
and in her Official Capacity, UNIDENTIFIED JANE/JOHN DOE
#1-10 ST. LAWRENCE COUNTY EMPLOYEES, UNIDENTIFIED
JANE/JOHN DOE #11-20 ST. LAWRENCE COUNTY DISTRICT
ATTORNEY EMPLOYEES, ST. LAWRENCE COUNTY
SHERIFF KEVIN M. WELLS, Individually and in his Official Capacity,
ST. LA \VRENCE COUNTY DEPUTY SHERIFF JOHN E. JONES, JR.,
Individually and in his Orticial Capacity, UNIDENTIFIED JANE/JOHN DOE
#1-10 ST. LAWRENCE COUNTY SHERIFF EMPLOYEES,
VILLAGE OF POTSDAM, VILLAGE OF POTSDAM POLICE
DEPARTMENT, VILLAGE OF POTSDAM FORMER
CHIEF OF POLICE EDWARD TISCHLER, Individually and
in his Official Capacity, VILLAGE OF POTSDAM FORMER
CHIEF OF POLICE KEVIN M. BATES, VILLAGE OF POTSDAM
FORMER POLICE LIEUTENANT (presently Acting Chief of Police)
MARK MURRAY, Individually and in his Oflicial Capacity,
ONONDAGA COUNTY, ONONDAGA DISTRICT ATTORNEY
WILLIAM FITZPATRICK,
Respondents.
--------------------------------------------------------------------------------------)(
STATE OF NEW YORK
)
:ss.:
COUNTY OF NASSAU
)
PLEASE TAKE NOTICE lhat the claimant hereby makes claim and demand against
St. Lawrence County, St. Lawrence County District Attorney's Office, St. Lawrence
County District Attorney Mary E. Rain, Unidentified St. Lawrence County Employees,

Unidentified St. Lmvrcncc County Dislrict Attorney Employees, Villnge of Potsdam,


Village of Potsd:1m Police Department, Village of Potsd~1m Former Chief of Police Edward

Tischler, Village of Potsdam Former Chief of Police Kc\'in M. Bates, Village of Potstl:'m
Former Police Lieutenant Muri< Murruy, St. Lawrence County Sheriff Kevin M. Wells, St.
Lawrence County Deputy Sheriff .John E .Jones, .Jr., Onomfagu County, Onondaga County
District Attorney William Fitzpatricl<, State of New Yori<, New York State Police, New
York Shttc Police Trooper Gary Snell, New York Stutc Police lnvestig;1tor Theodore
Levinson, New York State Police lnvcstig:1tor Timothy Peets, State of New York Police
Former Assishmt Director of the DNA Crime Lab Julie Pizzikctti, as follows:
AMY MARION, ESQ., an attorney duly admitted lo practice luw, affirms, under the
penal ties of perjury states that he is the attorney for the claimant in the above entitled action and
is fully familiar with the facts alleged herein. The basis of the knowledge is case investigation.
The name and address of the cl:1imant und his attorney arc:
Claimant
Oral Nicholas Hillary
4709 Avenue M
Brooklyn, N.Y. l 1234

I.

Attorney
Amy Marion, Esq.
BARKET MARION EPSTEIN & KEARON, LLP
666 Old Country Road, Suite 700
Garden City, NY 11530
(S 16) 7451500

The nature of the claim: Tiiis claim arises from the Defendants' continuous

illegal nnd improper actions and conduct regarding the false arrest, investigation, malicious
prosecution, fabrication of evidence, falsilication of evidence, concealment of exculpatory
evidence, as to lhe Claimant Orn! Nicholas Hillary. The within claim encompasses causes of
action for violations of New York State Law, the New York and United States Constitutions, and
civil law supportive of remedies including compensatory and punitive damages. The specilic
claims include but are not limited to the following:
a.

The intentional, reckless, negligent, illegal, unlawful fabrication of evidence,


folsi fication of evidence, concealment of exculpotory evidence, folsc arrest,
malicious prosecution of Oral Nicholas Hillary by Respondents including and not
-2-

limited to the County of St. Lawrence Respondents, Village of Potsdam


Respondents, County of Onondaga Respondents, State of New York Respondents.
b.

2.

The Respondents' intentional, malicious, reckless, and/or negligent acts and


conduct subjected and caused Oral Nicholas Hillary to suffer deprivation of his
civil rights, privileges and immunities secured by the redernl Constitution and the
Constitution of the State of New York.

The time when, the place where, and the manner in which the clnim nrosc:
The claim arose on September 28, 2016 when Claimant was acquitted of all criminal

charges against him by Honorable Felix J. Catena, County Court Judge for Montgomery County
presiding in County Court, St. Lawrence County, New York and arose when Claimant was
targeted, arrested, charged and prosecuted in a single-count indictment with Murder in the
Second Degree (Penal Law 125.25) for allegedly killing Garrett Phillips on October 24, 2011 .
Garrett Phillips was the twclve-ycc.1r old son of Claimant's former girlfriend.
There were no eyewitnesses to the alleged homicide. On October 26, 2011, Mr. Hillary
wns token illlo police custody and detained without his consent from approximately 8:00 a.m.
unlit approximately 6:00 p.m. where he was forced to undergo, and was subjected to, a strip
search. On January 20, 2012 a Notice of Claim as to the deprivation of Mr. Hillary's rights on
October 26, 2011 was filed. A Summons and Complaint was filed in September of2012 in the
Supreme Court, St. Lawrence County nnd was removed to the United States District Court for
the Northern District of New York shortly thereafter. When the Northern District case was filed,

Mr. Hillary was a resident of the Village of Potsdnm in the County of St. Lawrence. Summary
judgment motions in thnt case were filed in March of 2014 and were made returnable for May
15, 2014.
On May 15, 2014 Mr. Hillary was charged in the death of Gnrrctt Phillips.

Mr. Hillary was immediately targeted as a suspect without any legal or rational basis to
do so. The police investigation by Village of Potsdam police and State of New York troopers
failed to uncover any evidence linking Mr. Hillary lo this horrible death. Instead of conducting
an investigation into the death, a boys assailant remains at large because investigators covered
up actunl evidence, leads, and informaiion. When the investigntion into Mr. Hillary proved
fruitless, no criminal charges were forthcoming. The fonner District Attorney of SL Lawrence
County knew better than to lodge accusntions and convene a grand jury where there was no
evidence aguinst Mr. Hillary.
Mary Rain, with political aspirations, ran for onice on the promise of bringing criminal
charges against Mr. Hillary without any basis to make such a claim other than her political
aspirations of becoming the next District Attorney of St. Lawrence County. The failure of the
former District Attorney to bring charges in the death of Garrett Phillips was hugely responsible
for her political demise.
Once in office, Mary Rain, along with St. Lawrence County Unidentified Employees,
Village of Potsdam Police Respondents, and New York State Respondents began to create nnd
fabricate evidence, targeting Mr. Hillary, while ignoring and failing to investigate actual
evidence of culpability; instead withholding and hiding such evidence. Enlisting the help of
Onondaga County District Attorney William Fitzpatrick, they created and fabricated evidence
against Mr. Hillary along with then Assistant Director of the New York State Police Crime Lab
Julie Pizziketti. Blindly impassioned by their false and misguided beliefs, they abused their
power - acting with a complete, reckless, and utter disregard for justice, they fabricated and
falsified evidence, withheld exculpatory evidence, and arrested Mr. Hillary without just or

probable cause.

They then proceeded to conduct a vicious and maliciously motivated

prosecution.
The items of d:rnrngcs or injuries claimed arc: Punitive and Compensatory damages
resulling from the violations of law enumerated herein, together with the severe trauma and
stress suffered by the Claimant, Orn! Nicholas Hillary , relative to said violations of law,
intentional and other civil compensatory and punitive damages.
Claim;;mt suffered years of apprehension and folse accusations, prosecution, court
appearances, incarceration, public humiliation, damage to his family reputation, damage to his
relationship with his children, damage to his relationship with his community, damage to his
business, loss of time with his children, loss to his reputation and character which will and is
forever harmed and tarnished, physical injuries, pennanent emotional and psychological injuries,
pecuniary harm, permanent loss of natural emotional, psychological, physical and spiritual
development personally and as u father as a result of the Respondents', their agents', servants'
and/or employees' malicious, careless, negligent, reckless disregard for Claimant's rights nnd
Respondents' further caused all of the permanent injuries which Claimant was caused to suffer.
Oral Nicholas Hillary seeks any and all damages permitted under the laws of the State of
New York, their local jurisdictions and the laws inclusive of a civil rights action. Oral Nicholas
Hillary seeks interests, attorney's fees and costs of suit.

Said claim is hereby presented for adjustment and payment, and the Respondents are
hereby notified that unless the claims are adjusted and paid within the lime provided by law from
the date of presentation, Clnimant intends to commence an action in these claims.

Dated: Garden City, New York


December 21, 2016

BARKET, MAF.ION, EPSTEIN & KEARON, LLP


Ir---- - ---. -

By:
Amy Mnri n, sq.
Attorney for C aimant
To:

St. Lawrence County


County Clerk
48 Court Street
Canton, New York 13617

St. Lawrence County Shcrifrs Office


St. Lawrence County Sheriff Kevin M. Wells
St. Lawrence County Sheriff John E. Jones, Jr.
48 Court Street
Building #8
Canton, New York 13617
St. Lawrence County District Attorney's Office
St. Lawrence County District Attorney Mary E. Rain
48 Court Street
Canton, New York 13617

Village of Potsdam
Village Clerk of the Village of Potsdam
2 Park Street-Civic Center
Potsdam, NY 13676
Village Clerk of the Village of Potsdam
P.O. Box 5168
Potsdam, NY l 3676
Village of Potsdam Police Department
38 Main Street
Potsdam, NY 13676
Village of Potsdam Former Chief of Police Edward Tischler
38 Main Street
Potsdam, NY 13676
Village of Potsdam Fonner Chief of Police Kevin M. Bates
38 Main Street
Potsdam, NY 13676

Village of Potsdam Former Police Lieutenant Mark Murray


38 Main Street
Potsdam, NY 13676
Onondaga County
Onondaga County Clerk
40 I Montgomery Street
Room 200
Syracuse, NY 13202
Onondaga County District Attorney William Fitzpatrick
505 S State Street
Syracuse, NY 13202

ATTORNEY'S VEIUFJCATION

AMY MARION, an attorney duly admiued to practice in the Courts of 1he State of New
York, aflirms the following statements lo be true under the penalties of perjury:
That he is a partner in the tim1 of BARl(ET MARION EPSTEIN & KEARON, LLP,
uttorncys for the Claim:mt in the within uction,
That he has read the attached Notice and knows the contents thereof and the same is true
10

his own knowledge, except us to those matters therein stated to be alleged upon information

and belief, and thal as to those matters, he believes them to be true.


That deponcnt's source of information and the grounds of his belief arc derived from the
tile maintained in the normal course of business of the attorneys for the Claimant.
That this veri Ii cation is made by deponent because the Claimant does not reside in the
county where deponent maintains his office.

Swom to before me this


21 st day of December 2016

.. otary Public

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