- Associated Press - Thursday, September 8, 2016

CANTON, N.Y. (AP) - A man accused of killing his former girlfriend’s 12-year-old son in northern New York in 2011 will have his case heard by a judge.

North Country Public Radio reports (https://bit.ly/2cF5k89) that Oral “Nick” Hillary asked for the non-jury trial on Thursday after a number of jurors had already been chosen.

Also on Thursday, the judge refused to reconsider his earlier decision barring prosecutors from using as evidence a high-tech “DNA mixture profile” from Garrett Phillips’ fingernail scrapings. The boy was strangled on Oct. 24, 2011 in the village of Potsdam.

Hillary was head soccer coach at Clarkson University at the time. He and his daughter had lived with the boy’s mother, Tandy Cyrus, until the relationship ended in summer 2011.

The trial is scheduled to resume with opening statements Monday.

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