COOPERSTOWN _ The trial of Justin Gillingham on rape, attempted murder and assault charges at the Otsego County Courthouse in Cooperstown is scheduled to continue today.
Following Gillingham's testimony Friday afternoon, state Supreme Court Justice Michael Coccoma said he would meet this morning with Otsego County District Attorney John Muehl and Gillingham's attorney, Richard Rothermel, to discuss jury instructions.
At 11 a.m., the attorneys would begin their summations and the jury would receive its instructions before deliberation, Coccoma said.
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 the then 23-year-old State University College at Oneonta senior at about 2:40 a.m. May 16 on a dark path between campus and Clinton Street. His trial began last Monday with jury selection.
The Daily Star has a policy of not identifying the victims or alleged victims of rape.
The woman testified Tuesday that Gillingham suddenly assaulted her, raped her and tried to kill her by attempting to snap her neck three times. The defense is admitting an assault occurred, but said in its opening statement the alleged victim first bit Gillingham's tongue while they were "making out" on the path, and that Gillingham punched her in response and fled.
Both sides agree the two had just met that night and smoked marijuana together at Gillingham's house before he accompanied her back to campus in her car.
With the prosecution resting its case late Thursday afternoon, Rothermel called Gillingham's brother and former roommate to the stand Friday morning, played a videotape of previously recorded testimony from Gillingham's friend and called the defendant to testify.
Rothermel asked Coccoma Friday morning to dismiss the attempted-murder charge because of a lack of evidence. But Coccoma denied the motion.
The judge instructed the jurors to keep the trial out of their minds over the weekend and avoid any conversations about it with other people and to not read the newspaper or listen to reports on the radio. The jury has not been sequestered.
