COOPERSTOWN _ Jury selection in the trial of an Oneonta man accused of rape, attempted murder and assault is expected to continue this morning after the court found itself two jurors short Monday.
Twelve jurors were seated in the trial of Justin Gillingham, 24, who allegedly attacked, raped and tried to kill a State University of Oneonta College student last May on the edge of campus.
But Supreme Court Justice Michael Coccoma adjourned the all-day selection process at the Otsego County Courthouse shortly before 5 p.m. and said at least two alternate jurors needed to be picked.
"The charges in this case are serious. It's not something I want to rush through," Coccoma said.
Out of 180 people summoned for jury duty, there were about 110 seated at the beginning of jury selection Monday morning.
Some called the court and asked to be excused, while others "just didn't show up," Coccoma told the remaining prospective jurors.
Sixteen of the remainder were placed in the jury box, and two were excused during an initial round of questioning by Coccoma. After District Attorney John Muehl and Public Defender Richard "Otto" Rothermel questioned the remaining 14, seven were eliminated
through challenges for cause and preemptory challenges.
Sixteen new prospective jurors were placed in the box and after the same process played out, five remained.
Court adjourned with seven men and five women selected.
Police and prosecutors previously said a 23-year-old woman fought off an attack by Gillingham on May 16, leaving scratches on him that led to his arrest.
During an interview with police later the same day, Gillingham told investigators he was assaulted by the woman and four men, according to a statement he made to police on file in court.
Gillingham was arrested that day on a first-degree rape charge and indicted June 17 on charges of first-degree rape, second-degree attempted murder and second-degree assault.
The woman met Gillingham and another man downtown on the night of May 15, and she drove them back to Gillingham's apartment on Cozy Avenue to smoke marijuana, according to her statement on file in city court. The woman said she had not known the two men.
The Daily Star has a policy of not naming the victims or alleged victims of sexual assaults.
When the woman left Gillingham's apartment to return to her dormitory on the SUNY Oneonta campus, he rode with her, according to her statement.
The alleged attack occurred on or near a popular shortcut between the campus and Clinton Street as the woman was showing Gillingham how to get back to his apartment on foot, according to her statement.
During their questioning of prospective jurors, Coccoma, Rothermel and Muehl outlined what the responsibility of the jury is and questioned whether prospective jurors were up to the task.
Rothermel and Muehl also keyed in on some of the evidence and testimony the jury may encounter.
"This trial is going to involve a lot of lying that has already taken place," Rothermel said. "In this case, there is a video tape of Justin lying to the police. You are going to see that videotape."
But Rothermel also asked prospective jurors if it was possible for someone to lie about being raped.
"Does anybody have a problem with the possibility that someone could have assaulted somebody but not raped them?" Rothermel said after showing photos depicting the bloody alleged victim.
Muehl asked prospective jurors in the box if they watched the television crime drama "CSI," which focuses on DNA and other forensic evidence.
"You realize it's a TV show," Muehl said.
Muehl later asked them if they could determine someone's guilt if they did not have this type of evidence.
He also asked if prospective jurors can accept testimony from someone who may have been under the influence of alcohol at the time of the alleged incident.
"There will be some testimony about the use of marijuana and the use of alcohol," Muehl said.
Coccoma said the trial is expected to last until Friday.
