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Update:Kogut 911 call released, Whittemore defense seeks manslaughter sentence
ROCHESTER, N.Y. (WKTV) - A judge in Monroe County has released taped 911 calls between Clayton Whittemore, his parents and 911 dispatchers in Oneida County, which took place in the hours following the murder of New Hartford native and SUNY Brockport freshman Alexandra Kogut.
Whittemore is charged with Kogut's murder. He's accused of beating the freshman to death in her dorm room in September of 2012.
In the newly-released 911 tapes, Whittemore doesn't come right out and say what he did.
"What's going on there, bud?" asks a dispatcher.
"I did something that...that I can't take back and I've just got to turn myself in," replies Whittemore, who in subsequent conversations with a dispatcher hints at the magnitude of what he did.
"If you want the death penalty, can you ask for it?" inquires Whittemore. "Because after what I did, I don't deserve to live."
The 911 tapes also reveal Whittemore's father making a call no father ever wants to make.
"My name is Scott Whittemore. I'm at work and my son, Clayton, a teenager, 21 years old just called and told me he killed somebody."
Clayton Whittemore, 22 at the time, says he'll tell police exactly what he did when they come get him at a NYS Thruway rest stop in Dewitt.
Eventually, officers can be heard approaching Whittemore.
"I suspect that isn't your blood on you?" asks one.
Moments later, an officer can be heard giving Whittemore his Miranda rights and placing him under arrest.
"You have the right to remain silent.."
Clayton Whittemore goes to trial for Alexandra Kogut's murder in late March. His attorneys are claiming he acted under the influence of an extreme emotional disturbance. If they are successful in persuading a jury, it would mean a manslaughter, not a murder conviction and sentence of any set amount of time up to 25 years in prison, as opposed to 25 years to life in prison for murder.
The extreme emotional disturbance defense takes away the intent that must be present in the murder charge.