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Attorney files for insanity defense in College at Brockport student murder

Posted at: 11/22/2012 1:13 PM
By: WKTV

News10NBC's affiliate, WKTV in Utica, is reporting that the attorneys for the man accused of brutally beating his girlfriend to death in her College at Brockport dorm room have filed legal papers in Monroe County which indicate his likely defense.

Sheriff's Deputies say Clayton Whittemore murdered his girlfriend, Alexandra Kogut back in September. According to WKTV, 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 confirmed the filing to WKTV. 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.