By Jake Palmateer
COOPERSTOWN _ The attorney for the man accused of raping and trying to kill a former SUNY Oneonta student grilled city police officers Wednesday over their handling of the investigation.
During cross-examination in the trial of Justin Gillingham, attorney Richard Rothermel questioned police tactics and asked why reports on the case from state police, firefighters and medical staff at A.O. Fox Memorial Hospital were not examined in detail.
Gillingham, 24, of Oneonta, is being tried at the Otsego County Courthouse before state Supreme Court Justice Michael Coccoma on charges of first-degree rape, second-degree attempted murder and second-degree assault.
The woman, then a college senior, ran half-naked, bloody and screaming from the direction of a wooded path linking the campus with Clinton Street at about 2:40 a.m. May 16, according to testimony from her, her roommates and police.
The Daily Star has a policy of not identifying victims or alleged victims of rape.
The prosecution is contending Gillingham raped, assaulted and tried to kill the alleged victim by attempting to snap her neck three times.
The defense is admitting an assault may have occurred, but said in its opening statement that the alleged victim first bit Gillingham's tongue while they were "making out" on the path.
Both sides agree the two first met that night and smoked marijuana together at Gillingham's house before he accompanied her back to campus inside her car to ensure she got home safely.
Nine officers testify;
photos displayed
Two State University College at Oneonta police officers and seven city police officers were called to testify Wednesday by Otsego County District Attorney John Muehl.
SUNY Oneonta police officer Jonathan Nichols said he encountered the woman inside Higgins Hall, where she lived.
"She was screaming that she was raped," Nichols said. "She was clothed only in a black
shirt. The rest of her body was completely naked."
Nichols and fellow officer Michael O'Donnell said the woman was hysterical.
"She told us to take her (finger) nails because she had the skin of the suspect under there," Nichols said. "She stated that the person had tried to kill her. She made references to the neck."
Most of Muehl's questioning of the Oneonta Police Department officers was about physical evidence found at the scene and during the execution of a search warrant at Gillingham's Cozy Avenue home, as well as the chain of custody of that evidence before it was hand-delivered to a state police forensics lab in Albany.
Det. Ronald Wood said he took photographs of the crime scene along the path. The photographs, which depicted the alleged victim's jeans, panties, cell phone, shoes and purse, were passed to the jurors Wednesday. Wood also said he took photos of a bloody, hooded sweatshirt found at Gillingham's home.
Five photos of Gillingham entered into evidence depict scratches on his back and face, as well as an injury to his right hand.
Investigator questioned about evidence reports
Rothermel cross-examined Det. Sgt. Jeff Jump, the lead investigator on the case, on what state police investigators may have found inside the woman's car. Troopers assisted city police by doing a forensic examination of the car, which had been impounded at the Oneonta Public Safety Building.
Rothermel asked if the report from troopers indicated homework belonging to a male student at SUNY Oneonta other than the woman's boyfriend was found inside the car's trunk.
"I believe so," Jump said.
But Jump said he did not recall if the report indicated a 40-ounce bottle of Bud Light was also inside the trunk and that a pill was on the floor of the car.
"Do you recall if you got reports from (state police) Investigator Westbrook?" Rothermel asked Jump.
"I don't recall if I read them completely," Jump responded.
"If no one is going to read them, is there any reason to do them?" Rothermel asked.
"I guess not, no," Jump replied.
Under redirect examination, Muehl asked why Jump hadn't read the entire report.
"I didn't feel it was necessary," Jump said. "Upon talking to him, he advised me there was nothing of evidential value out of the vehicle."
Rothermel also asked Jump if he was aware of any medical reports that indicated the woman had claimed a foreign object was placed inside her vagina and that her assailant had a gun.
Jump said he was not aware of that information.
"If she said that, that is something you would have followed up on?" Rothermel asked.
Jump replied that it would be.
No such medical records have been entered into evidence _ however, Rothermel twice made reference to them. Rothermel also referred to a report from the Oneonta Fire Department he said indicates the woman had been dragged from her vehicle.
None of the 13 witnesses who have testified so far, including the alleged victim, has indicated this occurred.
Rothermel also asked if Gillingham, who turned himself in to police at about 7 p.m. the day of the alleged attack, was examined for bodily fluids on his person, had his penis swabbed and/or his pubic hair combed for forensic evidence.
Under redirect examination by Muehl, Jump defended not taking these steps.
"It was obvious that he came into the station clean ... he very definitely took a shower," Jump said.
A bugle swab of Gillingham's mouth was taken for DNA evidence, Wood had said earlier.
Video of police interviewing Gillingham played
Muehl played a video of an interview of Gillingham by Det. A.J. Taylor for the jury.
The video was captured by a camera hidden in a clock on the wall of the interview room. Gillingham signed a statement acknowledging his Miranda rights but was not told he was being recorded, Taylor said.
"My understanding is that as long as one person understands it is being recorded either verbally or pictorially, there isn't a problem," Taylor said.
In the video, Gillingham said he had met "some brunette girl" who was "pretty drunk."
"We sat there making out and I got tackled from behind," Gillingham said in the video.
In his videotaped statement to police, Gillingham said he was assaulted by the woman and four men.
Rothermel also questioned the tactics used by Taylor in interviewing Gillingham.
At one point on the video, Taylor is heard telling Gillingham he had just admitted to punching the woman when Gillingham had previously said he only knew that he hit someone and that he did not specifically know who.
"You have the right to be less than honest with him?" Rothermel asked.
"From my understanding, that's what the courts have ruled. Yes," Taylor replied.
Rothermel said in his opening statement Tuesday that Gillingham lied about being jumped by four men in an attempt to outsmart the police.
Rothermel also questioned Oneonta police officer Joseph Stockdale on how many Clinton Street residents had been interviewed by police as to what they may have heard or seen around the time of the alleged attack.
Stockdale said he and another officer went door-to-door on upper Clinton Street but got no response from about half of the homes.
"Did you keep a record of the ones who were not home?" Rothermel asked.
"No," he said. "Just the ones who were home."
Stockdale said none of the area residents reported hearing anything unusual.
Neither Stockdale nor any of the other officers said they knew if any of the uncontacted residents in that area had ever been interviewed by police.
Rothermel later asked Jump if it would have been a good idea for police to go back to Clinton Street at 3 a.m. and try to interview these residents.
"Possibly," Jump said.
"Was it just something that fell through the cracks?" Rothermel asked.
"Yes," Jump replied.
The trial is expected to continue for a fourth day today, with continued testimony by Taylor as well as testimony by expert medical witnesses. The trial is expected to last at least until Friday. The jury has not been sequestered.
Rothermel has said he intends to call Gillingham to the stand.
Gillingham remains at Otsego County jail on $250,000 bail.
