Prosecution rests in Clayton Whittemore trial, jury will not hear voicemails

Clayton Whittemore in court last week.

The prosecution rested Thursday afternoon in the trial of Clayton Whittemore.

Whittemore is facing murder charges in the death of his girlfriend, 18-year-old College at Brockport student Alexandra Kogut, who was killed in September 2012.

On Thursday, Judge Doyle was dealing with the issue of whether to allow the jury to hear voicemail messages taken from Kogut's cell phone.

Defense attorney Mark Curley moved for a mistrial, citing that the defense was not provided the voicemails at the start of the trial.

Prosecutor Meredith Vacca said that the voicemails were on Kogut's phone and could have been accessed at any time, but were not discovered until May 1.

Judge Doyle believed that the voicemails on Kogut's phone were unattainable and prosecutors were misrepresenting the retrieval of the voicemails, which are prejudicial at this point in the trial.

The jury will not be allowed to hear the voicemails unless Whittemore takes the stand himself.

Renee Tomasek, a friend of Whittemore, took the stand Thursday and said that Whittemore called her after a fatal fight, saying he did something "really bad."

According to the witness, when he was questioned, Whittemore admitted to killing Kogut.

Whittemore also told the witness that his father was going to turn him in to police. Tomasek said that she had more conversations with Whittemore and was prepared to go to police if he was not in custody.

Dr. Paul Gosink, the Deputy Medical Examiner who retrieved Kogut's body, also took the stand Thursday.

According to Dr. Gosink, injuries to Kogut's brain were caused by "a blow of significant force" similar to a car crash or fall from a building.

The prosecution also had a surprise witness come forward-a jail inmate who befriended Whittemore in bible study.

According to the witness, Whittemore told him that he knocked Kogut out and sat on the bed to contemplate that she wanted out of their relationship and was moving on with her life.

Whittemore became enraged, picked up an iron and killed her.

After Dr. Gosink's testimony, the prosecution rested, but could call a psychiatric expert as a rebuttal witness.

The trial resumes Tuesday, May 27.

(Information from in Rochester.)