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Attorney files for insanity defense in Kogut homicide

By JOLEEN FERRIS

Story Created: Nov 21, 2012 at 4:49 PM EDT

Story Updated: Nov 21, 2012 at 6:05 PM EDT

NEW HARTFORD, N.Y. (WKTV) - The attorneys for the New Hartford native accused of brutally beating his girlfriend to death in her SUNY Brockport dorm room have filed legal papers in Monroe County which indicate his likely defense.

Utica College Student Clayton Whittemore allegedly murdered Alexandra Kogut back in September. Whittemore's attorneys have filed a notice of Extreme Emotional Disturbance; a form of what's commonly known as the insanity defense.

The Monroe County District Attorney's Office confirms the filing. The notice lets prosecutors there know the direction in which Whittemore's defense team intends to proceed. Now, both sides will summon their own psychiatrists or psychologists to examine Whittemore.

In a chilling, graphic narrative to investigators in Monroe County, Whittemore allegedly said he 'snapped' and acknowledged beating Kogut after becoming angry over receiving an open container ticket. In the narrative, Whittemore also says the two had argued about, 'stupid stuff'.

"Extreme Emotional Disturbance" is an affirmative defense. Whereas normally, the burden of proof is on the prosecution in a criminal case, here, the defense must prove what they're alleging the defendant's mental state at the time of the crime.

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