Jurors in Whittemore trial see text messages

By WKTV News

(WKTV) - As week two kicked off in the murder trial of Clayton Whittemore, jurors saw a second taped interview of Whittemore, heard from more witnesses and saw text messages Whittemore sent his girlfriend, Alexandra Kogut.

Whittemore is accused of killing Kogut in her SUNY Brockport dorm room in September 2012.

In Monroe County Court on Monday, the defense did not cross-examine all of the witnesses, with the morning testimony going quickly. By 11 a.m., there were no more witnesses, so the judge allowed for a two-hour lunch.

When jurors returned at 1 p.m., they saw a projection screen that featured text messages from both Whittemore and Kogut.

At 4:02 a.m. on Sept. 29, 2012, Whittemore texted Kogut's phone and said "Sorry to the family and you." He also texted "I became my father" and  "nothing will ever fix or undo what I did."

Whittemore's defense is not going for a not guilty or acquittal in the case. Instead, they are pushing that Whittemore suffered an extreme emotional disturbance at the time of Kogut's death. If the jury believes that, it would turn a murder conviction and a sentence of 25 years to life to a manslaughter conviction with a sentence of 15 to 25 years.

There will be no court on Tuesday because of the judge's calendar, but is scheduled to resume Wednesday morning.


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