Clayton Whittemore trial: Defense loses effort to throw out evidence and confession he ‘snapped’ in Alex Kogut’s murder
A New York State Court has struck down the efforts by Clayton Whittemore’s defense team to have evidence and a confession that he “snapped” thrown out of his murder trial for killing his girlfriend in 2012.
Clayton Whittemore handout photo
Whittemore, age 22, faces second degree murder charges for murdering his girlfriend Alexandra Kogut. His lawyer was seeking to suppress incriminating statements that his client gave to police, arguing that Whittemore made them involuntarily. He also argued that evidence gathered as a result of Whittemore’s arrest should not be used because state troopers lacked probable cause to arrest him at the DeWitt service area on the Thruway.
Lastly, Whittemore’s counsel sought to dismiss or reduce the murder charge.
Justice Daniel J. Doyle denied all three motions in a Jan. 27 ruling after holding a hearing on the matter in May. He found that Whittemore was sufficiently advised of his Miranda rights and spoke with police voluntarily.
“There is no evidence that the members of the New York State Police or Monroe County Sheriff’s Office used or threatened use of physical force upon the defendant, made promises to him or otherwise engaged in improper conduct to induce him to make statements,” the ruling said.
Doyle also found that police had probable cause to arrest Whittemore based on a 911 call the defendant made, indicating his intent to surrender, and because officers observed blood on his clothing, shoes and cuticles when they arrived.
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.
Kogut, age 18, was beaten to death in her dorm room during an argument with Whittemore, who told authorities he “just snapped.”
His trial recently was delayed a third time, with a new date set for March 30, 2014.
[…] detailed here, has involved evaluation of teh 911 calls, attempts to dismiss Whittemore saying he “just snapped” and possible insanity defenses. Monday was a scene of chaos as jury selection began and reporters […]
[…] Whittemore’s attorney in May had sought to suppress incriminating statements his client gave to police, but state Supreme Court Justice Daniel J. Doyle denied the motion in a Jan. 27 ruling. […]