Clayton Whittemore

Incriminating Statements Made by Clayton Whittemore Will Be Admissible at Trial

Clayton Whittemore hearing 2013 photoA judge has ruled that incriminating statements made by Clayton Whittemore shortly after his arrest for the murder of his girlfriend Alexandra Kogut in her SUNY Brockport dorm room can be used at trial, according to a report in the Utica Observer-Dispatch.

Doyle stated in his decision that “[t]he court … notes that in his 911 call, (Whittemore) had specifically indicated his intent to surrender to police and the Court finds that the defendant’s actions at the DeWitt service center were consistent with his surrender.”
“The court finds that Trooper Murray had probable cause to arrest the defendant based upon the content of the 911 calls, the New York State Police dispatches based on those calls and his observations of the defendant at the DeWitt Service Center,” the decision added.
Whittemore, 22, is charged with second-degree murder in the brutal beating death of his 18-year-old freshman girlfriend Alexandra Kogut in her dorm August 23, 2013. Whittemore was a student at Utica College, some three hours away from SUNY-Brockport, and was a local hockey star.

Trial has been delayed several times and is currently scheduled to begin March 30 pending the result of a psychological examination to determine Whittemore’s mental state the night Kogut died. If he was acting under extreme emotional disturbance, then defense counsel may be able to negate the state of mind requirement for murder charges and ask for a reduced charge of manslaughter.

Monroe County District Attorney Sandra Doorley issued the following statement on Tuesday:
“Today I received a written decision from New York State Supreme Court Justice Doyle denying the defendant’s motion for suppression,” Doorley said. “The impact of this decision is that the statements and evidence will be admissible at trial, which is set for March 30.”
Statements that may be allowed in trial include the following:

– Whittemore’s father told 911 that his son had “asked him for a gun to kill himself.”
– Whittemore told 911 that he did “something that he couldn’t take back and that it happened in Brockport,” and that he wished to turn himself in.
– Whittemore admitted while he was being jailed that he had suicidal thoughts after he “committed the crime.”
– While in jail, Whittemore spontaneously told a deputy that he killed his girlfriend.

Ryan Kerns, Esq., Wild About Trial

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