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reporter: nothing, however, has been ordinary in this extraordinary case. five months later, a judge threw out that indictment on the grounds of prosecutorial misconduct. the judge in the case decides that mary rain acted inappropriately. that she injected opinion. that she obviously was not pursuing justice per se but was pursuing nick. reporter: the judge read transcripts of the proceedings and determined that the d.a. bullied nick s daughter, an alibi witness, asking her the same question 13 times. it s cross-examination. there was no bullying. he s not there. he doesn t know my tone of voice. so he s surmising something that just didn t occur. reporter: mary rain had taken a legal roundhouse blow to the chin, but she got up to fight again. there was no question you were going to re-file it? absolutely no question at all. reporter: using the same evidence, but toning it down, the d.a. won another indictment, and this one stuck. ....
Now back to dateline. may 2014. 2 1/2 years after garrett phillips skated home for the last time, d.a. mary rain was finally putting the case before a grand jury. her key piece of evidence? if i make a left out the parking lot reporter: nick hillary s own words from his video deposition for his lawsuit against the potsdam police. no one can talk about grand jury arguments but the civil deposition, safe to say, was very important. extremely important. we couldn t have put him in the places where he put himself. reporter: on may 15th nick hillary was indicted and arrested. 100% innocent. reporter: charged with second degree murder, he was led away in handcuffs by lead investigator mark murray. reporter: no ruckus? no to-do? no ruckus, no to-do. just us walking nick into the station. ....
and once i read that facebook post, i thought, who does that? and i immediately private-messaged tandy, and i said, this just makes me cry. and she said, there is no crying. but that s hard to get past. reporter: tandy let mary re-post the incident to her facebook friends, and from there it went viral. it was the thing i had prayed for. reporter: a big news splash in the county. kind of a political stumble. you know, it makes nicole duve look like she didn t have a handle on things. that if she didn t even know where the victim s mother lived, how could she find the victim s killer? reporter: on election night the voters spoke. mary rain came from behind to win the d.a. s job 52% to 48%. the two potsdam voters with perhaps the greatest rooting interest in the outcome had opposite reactions. i felt relief. i felt like something was finally going to happen. i was alarmed a little bit, not surprised. ....
Garrett. reporter: but justice of any kind was grinding slowly. and the case was attracting attention. two legal heavyweights from new york city joined nick s team. norman siegel, a civil rights lawyer, and earl ward, a celebrated criminal defense attorney. for people like that to be involved in the case shows you that the case is echoing beyond. reporter: is this shaping up as another test of racial justice in the criminal justice system? i think for the defense team they don t believe that nick did this and they think he s being railroaded. and they feel that part of that has to do with his race. i think for mary rain and the prosecution team that is the last thing that they want. they want this to be a murder trial. and they want this to be about a 12-year-old boy who lost his life at the hands of a killer. reporter: nick s supporters, including his former teammates, remained adamant that their friend was innocent. it s not possible. i mean he s just he s such a ....
Camera because the whole purpose of videotaping this had nothing to do with the civil case at all. this is totally about this video is going to be played in front of a grand jury someday and a criminal jury someday. reporter: acting as de-facto prosecutor, tom would be mary rain s best chance to get justice for garrett. good morning, mr. hillary. reporter: tom, heard off-camera, asked the questions. nick hillary s attorney, mani tafari, also off-camera, was raising objections to protect an appeal. still nick did go on to answer almost everything. at some point, did that relationship that you had with miss cyrus end? objection. relevance. yes. reporter: but when the questions turned personal, nick seemed to get a case of amnesia. did you approach miss cyrus and discuss with her the possibility of breaking up? i cannot recall. did miss cyrus ever discuss with you her two boys relationship with you as a basis for ending the relationship? i cannot recall. if she ....