COOPERSTOWN _ DNA evidence links an alleged rape victim to a bloody sweatshirt found at Justin Gillingham's house but does not link him to rape, a state police forensic scientist testified Thursday.
The sweatshirt contained blood matching the DNA profiles of the victim, as well as Gillingham, said Martha Sisson, the final witness to testify for the prosecution in Gillingham's trial at the Otsego County Courthouse.
Gillingham, 24, of Oneonta, is accused of first-degree rape, second-degree attempted murder and second-degree assault in connection with the alleged attack of a 23-year-old SUNY Oneonta senior at about 2:40 a.m. May 16 on a dark path between campus and Clinton Street.
His case is being tried before state Supreme Court Justice Michael Coccoma, with prosecution by Otsego County District Attorney John Muehl.
The jury also heard from an emergency-room nurse and doctor who treated the alleged victim. The trial is expected to enter its fifth day today.
Gillingham's attorney, Richard "Otto" Rothermel, has said he intends to call the defendant to the stand.
The Daily Star has a policy of not identifying the victims or alleged victims of rape.
DNA expert witness
testifies to evidence
Sisson displayed charts to the jury depicting the results of her DNA analysis and explained how DNA profiles were created for the woman and Gillingham using cheek swabs previously obtained by police.
The charts compared the DNA profiles with the findings from blood found at the scene, blood found on a sidewalk leading to the woman's dormitory at the State University College at Oneonta, fingernail scrapings from her right and left hands, dry secretions on her mouth and cheek, and the sweatshirt.
Several city police officers testified Wednesday that the bloody sweatshirt was found stuffed in the frame of a basement window during the execution of a search warrant of Gillingham's Cozy Avenue home the afternoon after the alleged attack.
Under questioning by Muehl, Sisson testified that DNA matching Gillingham's DNA profile was found on swabs of the dry secretions. Gillingham was a "major contributor" to the DNA found underneath the alleged victim's fingernails on her right hand, she said, but there was also DNA present there from at least three people.
Gillingham "cannot be excluded" from the DNA findings on the fingernail scrapings from the woman's left hand, she said.
DNA from the blood at the scene and on the sidewalk matched the woman's DNA profile, Sisson said.
Under Rothermel's cross-examination, Sisson was asked if she had tested swabs of the alleged victim's vagina.
Sisson replied she had, but with negative results.
"I assume there wasn't anything to tie Justin to what was found on those swabs?" Rothermel asked.
"That's correct," Sisson answered.
Later, Rothermel asked Sisson if there was any evidence a rape had occurred, but Muehl objected to the question and Coccoma sustained the objection.
"Would you agree that there is nothing, in any of the evidence you present, of Justin's presence in her vagina?" Rothermel rephrased.
"Yes, I agree," Sisson said.
During jury selection Monday, Muehl had asked prospective jurors if they would be able to convict someone of a crime without DNA evidence.
Fox nurse: I was told a gun
was used
The alleged victim testified Tuesday that Gillingham and another man approached her that night and offered to smoke marijuana with her.
She said she eventually ended up at Gillingham's apartment before she drove back to campus, with Gillingham, whom she had just met, accompanying her to ensure she got back safely.
The attack occurred after the two hugged on the "cow path" between campus and Clinton Street, she testified, and the assault included Gillingham attempting to snap her neck three times.
The nurse who treated the woman testified that in addition to facial injuries, she had bruises on her back.
"She was pretty distraught, crying and very upset," Rebekah Kabana said under direct examination by Muehl. "She was beaten pretty good in the face."
The woman, was also adamant about getting herself examined for evidence that would point to the man who raped her, said Kabana, a certified sexual-assault nurse examiner who works in the A.O. Fox Memorial Hospital emergency room.
"She felt she had scratched him and had skin under her fingernails," the nurse said.
Under cross-examination by Rothermel, Kabana said the woman told her the assailant had used a gun in the attack.
However, neither the nine police officers who have testified nor the woman, who took the stand Tuesday, said anything about a gun being involved.
Kabana also testified there were no apparent injuries to the alleged victim's genital region, including redness, bruising or tearing. She also said the woman was unsure if her assailant had ejaculated during the alleged rape but didn't think he did.
During a video of Gillingham's statement to police played for the jury Wednesday, the suspect immediately said he would be willing to give a semen sample when asked if he had raped the woman.
Under redirect examination, Muehl referred to a study that showed 87 percent of rape victims have trauma in the genital region.
Muehl asked Kabana if she knew the reasons why that trauma would not be apparent in the other 13 percent of rape victims.
The nurse replied it could be because a victim was sexually active or didn't "put up a fight."
The alleged victim earlier testified that she had fought with her assailant but eventually went limp to end the ordeal. She said she escaped after Gillingham shifted his weight.
The emergency-room doctor who examined the woman testified Thursday that his diagnosis was facial contusions, a bloody nose, laceration of the lip and sexual assault.
The woman was treated and released, Dr. David Markowitz said.
"She didn't have to be hospitalized for any life-threatening injuries," Markowitz said.
Markowitz said he did not examine her vaginal area.
The woman did not appear intoxicated, he testified.
"She complained of neck tenderness," Markowitz said.
But a CT scan showed "no acute injury," he said.
Markowitz added there may not be visible signs of someone trying to break the woman's neck in the manner described.
Detective completes testimony
Oneonta police Det. A.J. Taylor completed testimony Thursday morning that began Wednesday afternoon.
Under cross-examination by Rothermel, Taylor was questioned about how the woman's personal belongings, including a purse and a cell phone separated from its battery and battery cover, were situated at the scene of the alleged attack.
"Did you even consider they might have been placed there after (Gillingham) left?" Rothermel asked.
"In my opinion, the crime scene was not staged," Taylor replied.
The defense has said an assault may have occurred, but in his opening statement, Rothermel said the alleged victim first bit Gillingham's tongue while they were "making out" on the path.
Rothermel also said then that Gillingham, in an attempt to outsmart the police, lied in his statement to Taylor last year. Gillingham had said he was jumped by four men and punched someone but did not know who.
The trial is expected to resume at 11 a.m. today. The jury has not been sequestered, and Gillingham is being held at Otsego County jail on $250,000 bail.
