"The defendant's crimes were recorded on video and audio," Assistant Gloucester County Prosecutor Paul Colangelo told Superior Court Judge M. Christine Allen-Jackson and the jury. Colangelo said that Joseph A. Rao, the 19-year-old Philadelphia motorist stopped for running a stop sign, was sitting in the back of Gillespie's cruiser, handcuffed, when he uttered an obscenity. That, according to the prosecutor, caused Gillespie and Patrolman Timothy Parks to attack Rao.
"The defendant is hollering, 'What do you have to say? What do you have to say?' and the hollering is accompanied by a choking sound, the sound of Mr. Rao choking and gasping for breath," said Colangelo.
Not so, said Ron Helmer, the defense attorney for Gillespie, 25.
"Officer Gillespie made a very serious mistake. Halfway into the motor vehicle stop, he tells Mr. Rao this is on video," said Helmer.
"Only after that do you hearing choking sounds," said Helmer, who noted Rao had no injuries to his neck.
Helmer said Rao has been convicted of making terroristic threats against a police officer in Philadelphia and hates police. Rao wanted to provoke Gillespie so that he could sue for brutality, Helmer said. Rao has filed a notice of intent to sue the township and the two patrolmen for $1 million, claiming he suffered severe emotional, psychological and physical harm.
"He's got a million reasons, a motive to lie so he can get his million dollars," said Helmer.
Rao was treated for cuts, bruises and pain at Underwood-Memorial Hospital in Woodbury after the struggle. He was expected to testify.
The 14-minute videos, laced with profanity spewed by Rao and Gillespie, show Gillespie stopping Rao's car, then ordering Rao out of the car.
When Rao protests, Gillespie yanks him from the car and frisks him. The two begin arguing and swearing at each other.
