Tuesday, April 25, 2017

Electronic Evidence from FitBit & Facebook Shatter Husband's Timeline and Corroborate his Motive for Murdering his Wife ~ Call Michael A. Haber, Esq. @ 1-888-SHARK-8-1

On December 23, 2015, 40 /o Richard Dabate told police that a man who sounded like Vin Diesel had broke into his Ellington, Connecticut home, tied him up and shot his wife dead - one bullet to 39 y/o Connie's head and another in the abdomen.

At 10:20 am on December 23, 2015 Ricky called 911 and reported the murder, telling police that his wife had been killed an hour earlier (at or about 9:20 pm) by a masked home invader who shot his wife dead in the garage during a chase through their home.  Ricky claimed that he had been tied to a chair after the man had murdered his wife, but that he managed to scare the intruder off by kicking a blowtorch at his head.  

I'm guessing that was clue #1 that Ricky's story was complete and utter....

Ricky was not arrested, being a grieving husband and all, but homicide detectives set out to investigate, and to locate the masked Vin Diesel home invading gunman.

As the investigation progressed police discovered that Ricky was having an affair with a woman that he had known since childhood, who was pregnant and who wanted him to leave his wife.  Text messages from Ricky's phone to that of his paramour reportedly indicated that he and his wife were "on the same page" for a divorce, and an electronic trawl through the couple's lives found a file on Connie's phone from December 2014 entitled "Why I want a divorce".

Digging deeper police reportedly found that Ricky had obtained a "secret" credit card on which he spent $1,200 between visits to a trip club and stays at a local hotel. It's also alleged that Ricky used the credit card to buy flowers for his girlfriend.  But still, this was not enough, and so the cops kept on digging...

Enter the era of Electronic Evidence:  Connie's FitBit records, which showed that she had been moving more than an hour after her husband claimed to police that she had been murdered by Vin Diesel.

Police studied CCTV footage from the gym and were able to document that Connie had left her gym at 9:18 am.  Her FitBit records revealed that from that time she was idle for 9 minutes, representing the time that it took Connie to drive home from the gym.  In between 9:27 and 10:05 am Connie posted 2 videos to Facebook using her cellphone and, per FitBit records, at 10:05 am her FitBit stopped moving after she had traveled 1,217 feet inside her home.  At 10:11 am the alarm went off in the Dabate home and at 10:16 am the alarm company called the police.  And at 10:20 am Ricky called 911, reporting his wife's murder.

As I recently studied during a seminar put on by Forensic Computer Scientist John Sawicki of Forensic Data Corp and am becoming more and more intimately familiar with, "ESI", or electronic scientific evidence, is everywhere. Forgetting computers, as cell phones have gotten smarter people have been more and more subject to tracking. Every time you make or receive a call or a text, each time you check your email or log onto social media, when ever you open most any of your apps a digital record of your action, including the time, date and location, is recorded, and these recordings are, oftentimes stored in multiple databases (your phone, tablet, computer, cell tower, cell provider, app warehouse, etc).  In short, being connected has you constantly under surveillance.

So at 10:20, when Ricky called 911 and reported that Vin Diesel had just shot his wife, well, thanks to Connie's smart phone, FitBit and Facebook apps, cops know that that was in fact....

Connie could not have been shot at 9:20 if she was walking around her house and posting videos to Facebook.  Course I suppose that if I were Ricky's defense lawyer I could argue that Vin had Connie's cell phone and was walking around the house and posting videos to cover up the crime, maybe to help with an alibi defense, but then there's the problem of the divorce talk, the pregnant paramour and the "secret" credit card which was used at the strip club, a local motel and for Ricky's girlfriend's flowers.

According to District Attorney Craig Stedman: "To say it is rare to use FitBit records would be safe. It is an electronic footprint that tracks your movements. It is a great tool for investigators to use. We can also get the information much faster than some other types of evidence such as DNA tests."

Connie and Richard Dabate.  They once looked so happy...

But now Connie is dead and Richard is charged with her murder...

And he's got electronic evidence to thank for it.

When it comes to the subject of "Cops, Courts and Constitutions" you should always have a skilled and experienced criminal defense attorney who is focused on serving your interests.  While we can't stop the cops from arresting you, as your legal counsel Michael A. Haber, PA will ensure that your rights are respected from the moment that representation begins and that any abuses which may have occurred beforehand are remedied.

At Michael A. Haber, P.A. "Its all about reasonable doubt"!

Michael A. Haber, Esq. is prepared to speak with you about your case!

Cell: 305-798-2220; Office: 305-381-8686; Toll Free: 1-888-SHARK-8-1


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