By Jake Palmateer
Staff Writer
The roommate of an alleged rape victim testified in state Supreme Court in Cooperstown on Tuesday she heard the SUNY Oneonta student screaming as she ran from a path on the edge of campus to their dormitory.
The roommate said she later heard the student, who she said was barefoot, partially clothed and bloodied, say she had been raped.
Justin Gillingham, 24, of Oneonta, is accused of first-degree rape, second-degree attempted murder and second-degree assault in connection with the alleged attack on a 23-year-old State University College at Oneonta student last May.
The case is being tried this week before Justice Michael Coccoma at the Otsego County Courthouse. The Daily Star does not disclose the identity of rape or alleged rape victims or any information that could easily identify them.
In his opening statement, District Attorney John Muehl said he will prove that just two days before her graduation, the woman was out celebrating with friends but left the Sake Club alone. It was then she was invited by Gillingham to smoke marijuana at his house, Muehl told the jury.
What started as a casual encounter ended in rape and vicious assault after Gillingham rode with the student back to campus to ensure she got home, Muehl said. Gillingham attacked the woman as she was showing him how to get back to his Cozy Avenue apartment using the path, he said.
“The defendant snaps. The next thing she knows, (she’s) in a choke hold,” Muehl said. “It’s 2 in the morning. There’s no one around. At some point she blacks out.”
Muehl then described his version of the attack and rape in detail to the jury.
In his opening statement, Public Defender Richard “Otto” Rothermel said it was the student who approached Gillingham about smoking marijuana. Rothermel also said the student was later punched in the face by his client, but only after she bit his tongue as they were “making out” along the path.
The student had a .26 blood alcohol content, which is four times the legal limit, Rothermel said.
The alleged rape victim and Gillingham are expected to testify, the attorneys said.
Four alternate jurors – one woman and three men -- were picked earlier in the morning to augment the 12 jurors seated Monday.
