BROWN COUNTY, WI (WTAQ) – A Brown County judge says evidence obtained from a Fitbit will be allowed in an upcoming murder trial, at least in a limited capacity.
Prosecutors requested using the device in George Burch‘s trial to help show the whereabouts of Douglas Detrie, the man the defense claims is responsible for Nicole VanderHeyden’s death.
The Fitbit will be able to be used for step counting evidence, but not to prove that Detrie was sleeping while wearing it.
Meanwhile, prosecutors are arguing that records from Burch’s cell phone should be allowed at trial, saying it links him to the implicated bar and field and VanderHeyden’s home.
The defense says the records should not be used, since Burch gave permission for the Green Bay Police Department to access his phone for an unrelated matter.
They claim he did not give permission to the Brown County Sheriff’s Office, who investigated the murder case.
Burch’s trial is set to begin February 16.
