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Ruling on Whittemore trial evidence expected
Rochester, N.Y. -- A ruling is expected Thursday that could affect proceedings in the murder trial of the man who killed his girlfriend at the College at Brockport in 2012.
A judge ordered Monroe County sheriffs deputies to lift voicemails from Clayton Whittemores cell phone for any evidence that could help his defense team.
Whittemore, now 22, is on trial for allegedly murdering his girlfriend, Alexandra Kogut, 18, in her dorm room the night of Sept. 29, 2012.
Testimony was abruptly halted Wednesday when the judge and defense questioned why the voicemails Whittemore left on Koguts phone only came to light this month.
Prosecutors said new technology allowed investigators to retrieve the messages only recently.
Whittemores attorneys maintain he should be tried for manslaughter rather than murder because he was experiencing extreme emotional disturbance when he beat Kogut to death. They said he snapped after years of abuse from his father.