A court date was set Wednesday in the murder case of the man accused of killing his girlfriend in her College at Brockport dorm room.
Jury selection in the case will begin one year after the crime took place, as a judge set September 30th as the trial date for Clayton Whittemore.
Whittemore, 21, is from New Hartford, Oneida County and is charged in the beating death of Alexandra Kogut, 18, inside her College at Brockport dorm room in the fall. Whittemore is facing second degree murder charges in the killing of Kogut, also from New Hartford.
Whittemore's attorney is preparing a defense that his client suffered from extreme emotional disturbance at the time of the killing, this type of defense is much different from an insanity plea.
"It doesn't mean we're presenting a defense that he was incapable, that he was insane at the time. What we're saying is that he was under such emotional distress and disturbance that it's a mitigating factor. It's not a complete defense but it's a mitigating, affirmative defense," said Mark Curley, defense attorney.
"At this point, I want to review what their doctor has to say and I want a doctor to review him and render an opinion," said Sandra Doorley, Monroe County District Attorney.
Whittemore's attorney is hoping with this type of defense, that the jury will take into consideration, manslaughter.
Meantime, Whittemore remains behind bars and will be back in court in May for a pre-trial hearing. His family was present in court Wednesday; however, the victim's family was not present. Doorley says this has been much too painful of a process for Kogut's family.