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Police Use Fitbit Data To Charge 90-Year-Old Man In Stepdaughter's Killing (nytimes.com)

An anonymous reader quotes a report from The New York Times: The last time Anthony Aiello spoke to his stepdaughter, he took homemade pizza and biscotti to her house in San Jose, Calif., for a brief visit. Mr. Aiello, 90, told investigators that she then walked him to the door and handed him two roses in gratitude. But an unnoticed observer in the house later revealed that their encounter ended in murder, a police report said. Five days afterward, Mr. Aiello's stepdaughter, Karen Navarra, 67, was discovered by a co-worker in her house with fatal lacerations on her head and neck. She had been wearing a Fitbit fitness tracker, which investigators said showed that her heart rate had spiked significantly around 3:20 p.m. on Sept. 8 (Warning: source may be paywalled; alternative source), when Mr. Aiello was there. Then it recorded her heart rate slowing rapidly, and stopping at 3:28 p.m., about five minutes before Mr. Aiello left the house, the report said. Mr. Aiello was arrested last week on murder charges and booked into the Santa Clara County Jail, the San Jose Police Department said. On Thursday, he will appear in court in the Hall of Justice in San Jose, according to the Santa Clara County district attorney's office. "[T]he police said their investigation used a combination of video surveillance and data from Ms. Navarra's Fitbit, an Alta HR device, which she wore on her left wrist and synchronized with a computer in her home, where she lived alone," reports NYT. When asked for comment, Fitbit shared a copy of its privacy policy, stating in part that they comply with legal processes, including search warrants and court orders, when it shares data.

108 comments

  1. Just a handy reminder by OwP_Fabricated · · Score: 3, Insightful

    Tech companies are not, will not, and cannot be your friends.

    In this case it's cool if they legit caught a murderer with it because at least it actually caught someone who did something terrible instead of the feds spending hundreds of manhours to bust your local weed dealer and shoot his dog or whatever, but don't think for a minute anything you have that collects data on you can be trusted.

    1. Re:Just a handy reminder by Gilgaron · · Score: 4, Interesting

      It is sort of weird to consider these gadgets like an airplane's blackbox...its impressive and horrifying at the same time

    2. Re:Just a handy reminder by Pinky's+Brain · · Score: 1

      They are a friend to money, I trust greed.

    3. Re:Just a handy reminder by 110010001000 · · Score: 1

      I don't get it. It collected data on the person that was murdered and that data helped catch the killer. What friend are you talking about?

    4. Re:Just a handy reminder by Anonymous Coward · · Score: 0

      No, Drak, we didn't actually mean going to a bar and drinking with the software developers.

    5. Re:Just a handy reminder by 110010001000 · · Score: 0

      I don't get it. Who is Drak?

    6. Re:Just a handy reminder by 110010001000 · · Score: 1

      I'm just big boned.

    7. Re:Just a handy reminder by Anonymous Coward · · Score: 0

      But not inbetween your legs. That's a micro-bone.

    8. Re:Just a handy reminder by Anonymous Coward · · Score: 0

      Translation: "Hey guys upvote this Karma-whoring post!"

    9. Re:Just a handy reminder by Anonymous Coward · · Score: 0

      And even if they were your friends, leaks happen. If you are having someone else host a log of anything that might be used to serve interests contrary to your own, that's a new vulnerability that you're creating in your life. You don't have to be a criminal for this to be of concern. Might someone ever want to advertise to you? Might someone ever want to blackmail or even bluff (*) you? Might an insurance company be interested? Might your neighbors? Might your government? Might someone else's government, or a political adversary? (We don't know if it's true, but there's actual evidence consistent with the hypotheses that even our own president is being blackmailed by a rival government. This shit can happen to anyone.)

      (*) Anyone else getting the "we recorded you jerking off" emails where they actually do tell you your password on some website that stores passwords as plaintext, which then got leaked thanks to injection? The whole idea of that email is that if I show you I have your password, I might be able to use that to trick you into thinking I compromised your PC.

    10. Re:Just a handy reminder by Megol · · Score: 1

      So you would cover for your friends if they murder someone?

    11. Re:Just a handy reminder by jellomizer · · Score: 1

      I don't follow your logic.
      For this case, FitBit was holding onto such data. Then it gave it via established legal policies. (Unlike the Bush Era Phone call monitoring, which it was just a blanket sending of data the the Government)

      As for relating it to the failed war on drugs this isn't a Tech companies problem, this is a problem with our society.

      The part that I would feel more concerned about was the fact that FitBit was able to retrieve the information with a Warrant. A good security model would be that personal data would be stored where only the end user can have the data not sitting visible on some data center somewhere.

      --
      If something is so important that you feel the need to post it on the internet... It probably isn't that important.
    12. Re:Just a handy reminder by freeze128 · · Score: 1

      It all relies on a single point of failure: the time. If the PC loses its connection to the NTP server, and the time drifts, then the prosecutor's case falls apart. You would still need to have a really good motive in order to convict a 90 year old of murder.

    13. Re:Just a handy reminder by Anonymous Coward · · Score: 1

      Depends on who they murdered

    14. Re:Just a handy reminder by dAzED1 · · Score: 1

      I know, right? If I ever get murdered, I don't want ANY tech I've bought to be useful to investigators, in finding out who the murderer was. No tech that gets me justice, is a friend of mine!

    15. Re:Just a handy reminder by Anonymous Coward · · Score: 0

      It all relies on a single point of failure: the time. If the PC loses its connection to the NTP server, and the time drifts, then the prosecutor's case falls apart. You would still need to have a really good motive in order to convict a 90 year old of murder.

      One or the other device recording the wrong time might also benefit a prosecutor's case. Without a central logging server for both ensuring their clocks did reasonably match at the critical time, there is no way of knowing.

      Perhaps the fitbit synchronized some time in those five days and the event actually happened an hour after what the camera shows. No logging, no way to know.

    16. Re:Just a handy reminder by Anonymous Coward · · Score: 0

      And which friend, and why they murdered, and how likely my lie would be to fall apart.

      Basically, not saying I definitely would, but not ruling it out either.

    17. Re:Just a handy reminder by Darinbob · · Score: 1

      Time on a PC is not going to drift by very much if disconnected from NTP. The crystals used have accuracies measured in parts per million (10 for good ones, 50 or 100 for crappy ones), or just a few seconds per day. If the crystal is very inaccurate then that inaccuraty will not vary much and so can be measured.

    18. Re:Just a handy reminder by Darinbob · · Score: 2

      The times needed for this case have a lot of leeway. There's not going to be doubt that something happened an hour later than the device claimed. Combine with video evidence that she didn't leave the house, which also corroborates the time, the logging of heart rate is going to show that she probably only met one person.

      Your theory is more along the lines of "omg, I'm going to jail, I have to invent some desparate theory to confuse the jury!" But convictions are based upon "beyond a reasonable doubt" and not "beyond a shadow of a doubt".

    19. Re:Just a handy reminder by Gilgaron · · Score: 1

      Didn't they pull this data from Fitbit's cloud? Surely they know what time the data came in to high accuracy, regardless of what time the fitbit and client PC thought it was.

    20. Re:Just a handy reminder by wisnoskij · · Score: 1

      Crimes of passion are just people trying to get justice. That weed dealer is murdering and ruining peoples live simply for profit.

      --
      Troll is not a replacement for I disagree.
    21. Re:Just a handy reminder by mysidia · · Score: 1

      If the time happened to be wrong on one of the devices.... What are the chances that the times would still appear to line up with the time this guy came to visit, and the time he left?

      By all means: they should study what the clock currently says on the video system AND the fitbit system and surveil over a period of time in their natural environment for any possible errors, But In the absence of any other possible suspect on the video surveillance over the days in question, this seems pretty damning.

    22. Re:Just a handy reminder by rthille · · Score: 1

      I wonder if it really sync'd with her PC, or with her phone. Either way, any modern PC will come with settings for automatically syncing with a NTP cluster, not a single server. Plus the clock in the fitbit is likely fairly accurate, controlled by a quartz crystal and unlikely to drift more than 30 seconds a month.

      --
      Awesome furniture, accessories and cabinetry in Santa Rosa, CA: http://humanity-home.com/
    23. Re:Just a handy reminder by tehcyder · · Score: 1

      You would still need to have a really good motive in order to convict a 90 year old of murder.

      In an actual criminal trial, the motive is pretty much irrelevant.

      "I had no good reason to hack that person to death" is not much of a defence when you're caught with a bloody axe in your hands running out of someone's front door.

      --
      To have a right to do a thing is not at all the same as to be right in doing it
    24. Re:Just a handy reminder by tehcyder · · Score: 1

      Depends on who they murdered

      Yes, that's the "well it would be morally justifiable to murder a baby Adolf Hitler, therefore child murder is not always bad" argument.

      --
      To have a right to do a thing is not at all the same as to be right in doing it
    25. Re:Just a handy reminder by Anonymous Coward · · Score: 0

      It all relies on a single point of failure: the time. If the PC loses its connection to the NTP server, and the time drifts, then the prosecutor's case falls apart.

      I believe that most (if not all) Fitbits nowadays are synced directly to the server. In other words, the data would automatically be uploaded on the server, not local. In this case, the time could easily be verified.

    26. Re: Just a handy reminder by Anonymous Coward · · Score: 0

      You're going to be really disappointed if you ever end up accused by the US justice system and try to prove your innocence on technical grounds.

  2. What Activity by Anonymous Coward · · Score: 0

    Do they add Being Murdered to Jogging, Walking, Cycling? Pity she didn't get the upgrade that calls 911 if it detects unusual physical energy directed to the head

    1. Re:What Activity by jellomizer · · Score: 1

      Well FitBit doesn't monitor hits to the head. Also in a lot of cases. I put on my health tracker, I go for cardio run. My Heart Beats exceeding 170bpm then I stop, Cooling down, I take off the fitbit, just because I do not want it on me.

      Did I just take off the device or did I just die?

      --
      If something is so important that you feel the need to post it on the internet... It probably isn't that important.
    2. Re:What Activity by Anonymous Coward · · Score: 0

      Well FitBit doesn't monitor hits to the head. Also in a lot of cases. I put on my health tracker, I go for cardio run. My Heart Beats exceeding 170bpm then I stop, Cooling down, I take off the fitbit, just because I do not want it on me.

      Did I just take off the device or did I just die?

      That would be the HitBit.

      Guess what the bathroom-use tracker is called....

    3. Re:What Activity by CrimsonAvenger · · Score: 1

      Well FitBit doesn't monitor hits to the head. Also in a lot of cases. I put on my health tracker, I go for cardio run. My Heart Beats exceeding 170bpm then I stop, Cooling down, I take off the fitbit, just because I do not want it on me.

      Did I just take off the device or did I just die?

      Well, from TFA, it looks like your question is irrelevant. They found a dead person. They got a warrant to look at the Fitbit data, which suggested strongly that whatsername died while whatsisname was physically present. They arrested whatsisname on suspicion of murder. And now twelve "good men and true" (okay, a mix of men and women, but the phrase is from way back before they let women sit on juries) will decide whether there's enough evidence to send a 90-year-old to prison for life (assuming he doesn't die of old age before the trial)....

      --

      "I do not agree with what you say, but I will defend to the death your right to say it"
    4. Re:What Activity by JeffAtl · · Score: 1

      His point is whether the FitBit can differientiate someone taking their FitBit off vs "death".

      The answer is probably "no", but in this case it would be easy to tell since the police would know if the FitBit was found on the body.

    5. Re:What Activity by kellymcdonald78 · · Score: 1

      How much do you cool down? 30 bpm? 20 bpm? 10 bpm? It's not like her heartbeat went from steady healthy 60bpm to 0 when she dropped dead

    6. Re:What Activity by Cederic · · Score: 1

      Pattern 1 : no heartbeat, instant jump to moderate heartbeat, gradual boost to high heartbeat, slow decline in heartbeat back to moderate levels, instant cessation of heartbeat.

      Pattern 2 : moderate heartbeat since daybreak, instant jump to high heartbeat, rapid decline in heartbeat that continues down to no heartbeat.

      One of these matches someone wearing a fitbit just for exercise.

  3. Tracking devices by Larry_Dillon · · Score: 3, Insightful

    A cell phone is a tracking devices that happens to be able to make phone calls. Seems like fitness trackers are just that.

    --
    Competition Good, Monopoly Bad.
  4. Where's the problem in this case? by damn_registrars · · Score: 4, Insightful

    Tech companies are not, will not, and cannot be your friends.

    A certain amount of paranoia is certainly warranted in technology any time it harvests your information, for sure.

    However in this case a device that the victim owned and activated was used to obtain information on her last moments alive. The NYT article shows that the police obtained a warrant to get the data, as they should. The data then was used to construct a timeline to determine what happened, when.

    While the fitbit is not marketed as a crime-fighting device, it was a useful tool in this investigation. I don't really see what the problem here is. There is no indication that the victim was wearing the fitbit against her own will.

    --
    Damn_registrars has no butt-hole. Damn_registrars has no use for a butt-hole.
    1. Re:Where's the problem in this case? by AmiMoJo · · Score: 0

      I hope they checked the time on the fitness tracker. It says she died shortly before the guy left... Assuming that the fitness tracker data was correctly timestamped.

      --
      const int one = 65536; (Silvermoon, Texture.cs)
      SJW, n: "Someone I don't like, and by the way I'm a fuckwit" - AC
    2. Re:Where's the problem in this case? by omnichad · · Score: 1

      Maybe you should look up NTP. Does a device that syncs over the web really need its clock set manually?

    3. Re:Where's the problem in this case? by damn_registrars · · Score: 4, Informative

      I hope they checked the time on the fitness tracker. It says she died shortly before the guy left... Assuming that the fitness tracker data was correctly timestamped.

      The NYT article mentions that the fitbit was using NTP, as was the camera that showed what time he left. The USA Today summary left that (and arguably more importantly the fact that the police obtained a warrant to get the fitbit data) out.

      --
      Damn_registrars has no butt-hole. Damn_registrars has no use for a butt-hole.
    4. Re:Where's the problem in this case? by thegarbz · · Score: 1

      My beer glass wasn't listed as a crime fighting device either, but that didn't stop them lifting my prints from the glass disproving my story that I had never been at the house.

      *Note did not happen, but just reitterating your comment that the tech here is not special in any way.

    5. Re:Where's the problem in this case? by Anonymous Coward · · Score: 0

      The key is the warrant. At any time, those access needs to be done with a warrant, signed by a judge and the warrant need to be made publicly accessible once resolved. We can't never trust at 100% any system to be always fair. Someone will misuse it, we need to be able to catch that.

    6. Re:Where's the problem in this case? by PPH · · Score: 1

      The NYT article shows that the police obtained a warrant to get the data,

      Yeah, but pretty soon the police will be fishing through Fitbit data for dead people. You just can't trust The Man.

      --
      Have gnu, will travel.
    7. Re:Where's the problem in this case? by Anonymous Coward · · Score: 0

      They only need warants for living people. Murder victims don't have an expectation of privacy.

    8. Re:Where's the problem in this case? by damn_registrars · · Score: 1

      The key is the warrant. At any time, those access needs to be done with a warrant, signed by a judge and the warrant need to be made publicly accessible once resolved. We can't never trust at 100% any system to be always fair. Someone will misuse it, we need to be able to catch that.

      While the USA Today article did not mention it, the NYT article plainly stated that indeed the police did obtain a warrant for the fitbit data.

      --
      Damn_registrars has no butt-hole. Damn_registrars has no use for a butt-hole.
    9. Re:Where's the problem in this case? by AmiMoJo · · Score: 1

      Bloody paywalls. Thanks for providing that info.

      --
      const int one = 65536; (Silvermoon, Texture.cs)
      SJW, n: "Someone I don't like, and by the way I'm a fuckwit" - AC
    10. Re:Where's the problem in this case? by sarren1901 · · Score: 1

      They are dead. They have no need for privacy and if they were murdered, the living have a vested interest in finding the killers before they kill again.

    11. Re: Where's the problem in this case? by Anonymous Coward · · Score: 0

      I don't get it. What if she died of natural causes and the lacetations were post mortem?

    12. Re:Where's the problem in this case? by damn_registrars · · Score: 1

      Someone suggested that you can sometimes get by the paywalls by browsing in cognito; if the cookies aren't saved it is less likely that they'll know how many articles you've read.

      Of course I always support journalists, so I wouldn't do that myself. No sir.

      --
      Damn_registrars has no butt-hole. Damn_registrars has no use for a butt-hole.
    13. Re:Where's the problem in this case? by gosand · · Score: 1

      While the fitbit is not marketed as a crime-fighting device, it was a useful tool in this investigation. I don't really see what the problem here is. There is no indication that the victim was wearing the fitbit against her own will.

      I think that is exactly the problem. People wear them (seemingly) at will. People willingly give up more and more information about themselves.
      In this case, it could be used to catch a killer which nobody could really argue against.

      The real point is that so many people are willing to give up their personal data without thought to how it can be used against them. You can't get that data back.
      Where I work, our health insurance company penalizes you for not using these trackers. Um, I mean you get a discount if you do. So almost everyone I work with went out and bought one of those things and sync it up with our healthcare provider. "Hey, look how many steps I took today!" You can actually track the data manually on a website, but people are willing to sell their information for convenience. And to an insurance company! If they can find any reason to use that information against you, they most certainly will. Maybe not today, maybe not tomorrow, but you've given them the ammunition.

      So yay for this one case where the information may be used for good. There will be many many other instances where it is not used for good.

      --

      My beliefs do not require that you agree with them.

    14. Re:Where's the problem in this case? by Cederic · · Score: 1

      Yes. My old PC consistently and repeatedly failed to correctly tell the time, despite using NTP to try and keep it accurate.

      Played havoc with HTTPS and file timestamps.

    15. Re: Where's the problem in this case? by Cederic · · Score: 1

      Whether a laceration occurred before or after death is one of the easier things for a pathologist to determine.

    16. Re:Where's the problem in this case? by damn_registrars · · Score: 1

      While the fitbit is not marketed as a crime-fighting device, it was a useful tool in this investigation. I don't really see what the problem here is. There is no indication that the victim was wearing the fitbit against her own will.

      Where I work, our health insurance company penalizes you for not using these trackers. Um, I mean you get a discount if you do. So almost everyone I work with went out and bought one of those things and sync it up with our healthcare provider. "Hey, look how many steps I took today!" You can actually track the data manually on a website, but people are willing to sell their information for convenience. And to an insurance company! If they can find any reason to use that information against you, they most certainly will. Maybe not today, maybe not tomorrow, but you've given them the ammunition.

      Sure, but that is a decision that an individual is making. The device is designed to do a certain function, and the individual chooses to use that device or not. Is it the fault of the fitbit or the manufacturer of the fitbit that this happened?

      I don't own a fitbit (or anything like one) but doesn't it come with a EULA that specifies this data is being retained by the manufacturer? If you don't like that, you can always get an analog pedometer instead (which of course won't track when your heart stops) since it seems people are more often concerned with counting steps than anything else it can do.

      --
      Damn_registrars has no butt-hole. Damn_registrars has no use for a butt-hole.
    17. Re:Where's the problem in this case? by Darinbob · · Score: 1

      Even if she died shortly after he left, the heart rate logging can show other details. Ie, was she sedentary most of the time until it appeared that she walked around shortly before dying - ie, she met one person only? The times are useful but not vital to proving that the investigation should move forward. And of course the date is most likely to be correctly timestamped, it would be a hard sell to try to convince a jury that the time was way off and that this creates "reasonable" doubt. Also, of course, this will not be the only evidence in the case, there was also video evidence that contradicts the suspect's assertion that he saw his daughter driving later.

    18. Re:Where's the problem in this case? by Darinbob · · Score: 1

      They will if they need to get the data in the first place if it's not at the murder scene but stored in Fitbit's back office.

    19. Re:Where's the problem in this case? by nedlohs · · Score: 1

      Which bit of " the feds spending hundreds of manhours to bust your local weed dealer" do you think isn't following proper procedures?

      Those manhours are getting warrants and court orders for the tracking data for everyone they bust with a joint in their pocket, and thus finding that local dealer that they all visit... Nothing illegal or improper about that, just a furthering of self inflicted surveillance.

    20. Re: Where's the problem in this case? by Darinbob · · Score: 1

      That's a strange theory, Bruce!

    21. Re:Where's the problem in this case? by gosand · · Score: 1

      Sure, but that is a decision that an individual is making. The device is designed to do a certain function, and the individual chooses to use that device or not. Is it the fault of the fitbit or the manufacturer of the fitbit that this happened?

      No, not at all. But when they partner with other companies, like insurance companies, it gets very dangerous. It's really a cost/benefit equation. The benefit is instant gratification. The cost is long reaching. EULAs are quagmires in their own right, does anyone ever read them fully and understand them? There is a much simpler way to handle it - don't give out your information if you cannot control how it is used. I am not foolish enough to think that these days you can realistically do that in every case, but that is a long way from saying "oh well, everyone has all my information anyway, so go ahead and track my every movement like a wild coyote"

      --

      My beliefs do not require that you agree with them.

    22. Re:Where's the problem in this case? by mysidia · · Score: 1

      I don't really see what the problem here is.

      I think he was implying something along the lines: If the police are not your friends (E.G. If you are a criminal), then the Tech companies that make your toys and gadgets you use won't be your friends, either. As in: they won't keep secret the information you disseminate through their cloud and 3rd party services in order to protect you from potential prosecution using your own information, And if the murderer had used the fitbit or other GPS device (Which was not actually what happened here), the GPS tracker could be used to show his presence near a scene of a crime at the time a crime occurred.

      I think that's a given/tautology though: your data in 3rd party hands has long been exposed to law enforcement (It has been true since cases in the '90s and early 2000s that police can get customer info from 3rd parties without a warrant ---- Even your e-mail, depending on whether you have already opened the message or not). Don't knowingly commit crimes, and the data collected on you by your tech toys should help show your innocence, instead.

    23. Re:Where's the problem in this case? by mysidia · · Score: 1

      My old PC consistently and repeatedly failed to correctly tell the time, despite using NTP to try and keep it accurate.

      Some PCs have a broken or inaccurate Real-Time Clock, and if it was say a Linux server implementation, there is a good chance NTP was default configured to use the local RTC as one of its time sources; most systems have clocks that are a little bit fast or slow, and NTP If Correctly-configured attempts to discipline the local clock.

      It's rare, but if the clock is just broken; it's going to eventually be off by long enough that a discrepancy will be apparent -- and the NTP service should just Panic out and shutdown the service after detecting the clock skew is too great, thus generating logging events that could be monitored and detected to show there's a fault.

    24. Re:Where's the problem in this case? by tehcyder · · Score: 1

      Which bit of " the feds spending hundreds of manhours to bust your local weed dealer" do you think isn't following proper procedures?

      Those manhours are getting warrants and court orders for the tracking data for everyone they bust with a joint in their pocket, and thus finding that local dealer that they all visit... Nothing illegal or improper about that, just a furthering of self inflicted surveillance.

      Found the dope fiend!

      --
      To have a right to do a thing is not at all the same as to be right in doing it
    25. Re:Where's the problem in this case? by damn_registrars · · Score: 1

      There is a much simpler way to handle it - don't give out your information if you cannot control how it is used.

      Which is why I'm not on facebook.

      That said there are other places where one can make some decisions on the matter. I'm not familiar with fitbit as I don't own one; how much personal information does it really hold? Do you have to register with all your personal information in order to use it or does it just use a name and email address? I definitely agree that you are justified in being concerned about the information being leaked to insurance companies, who indeed seek out any excuse they can to increase the cost (or decrease availability) of healthcare to customers.

      I am not foolish enough to think that these days you can realistically do that in every case, but that is a long way from saying "oh well, everyone has all my information anyway, so go ahead and track my every movement like a wild coyote"

      I couldn't seem to find it today but I recall there was an article here several years ago (probably around 2009 or so) where someone was trying to make their own personal information worthless by releasing it themselves. IIRC they were interested in foiling someone who was clearly tracking them, though I don't recall how it went in the end. I think that is an interesting tack one could take with some of these; if you tied more of this stuff to a throwaway account and mined it manually could you get the benefit without some of the risk? The corollary to that though would possibly be whether or not it would be much less work than just doing all of it analog.

      --
      Damn_registrars has no butt-hole. Damn_registrars has no use for a butt-hole.
    26. Re:Where's the problem in this case? by damn_registrars · · Score: 1

      police can get customer info from 3rd parties without a warrant

      I've said it in a few other replies, and I'll say it again here. The NYT article plainly states that the police did obtain a warrant for the fitbit info. The USA Today writeup did not mention that.

      --
      Damn_registrars has no butt-hole. Damn_registrars has no use for a butt-hole.
  5. 90 year old? by Anonymous Coward · · Score: 2, Funny

    If I ever get to be 90 I wish I could be anywhere near fit enough to kill someone. Not that I would want to but do that but if you can actually kill someone violently it means you can move properly, which a lot of 90 year olds can't.

    1. Re:90 year old? by Oswald+McWeany · · Score: 2

      When I'm 90, I'll just have my 24 year old nymphomaniac ninja girlfriend do all my killings for me.

      --
      "That's the way to do it" - Punch
    2. Re:90 year old? by sinij · · Score: 4, Funny

      When you are 90 year old, your 24 year old ninja girlfriend is a necrophiliac, not nymphomaniac.

    3. Re:90 year old? by FilmedInNoir · · Score: 2

      I'm too lazy. I'd just let time do all my murdering. Which is why I won't live to 90 because I lack ambition and will power.

      --
      Sig. Sig. Sputnik
    4. Re:90 year old? by Anonymous Coward · · Score: 0

      If I ever get to be 90 I wish I could be anywhere near fit enough to kill someone. Not that I would want to but do that but if you can actually kill someone violently it means you can move properly, which a lot of 90 year olds can't.

      When I'm 90, I want to be killed by a jealous husband of a 24 year old trophy wife, with reason and in the act.

    5. Re:90 year old? by Anonymous Coward · · Score: 0

      He slayed her with his footlong schlong.

    6. Re:90 year old? by jellomizer · · Score: 1

      Well it stated he killed his step daughter, who was 67. If he stayed in good shape, or her health was diminished. It makes it quite possible.

      --
      If something is so important that you feel the need to post it on the internet... It probably isn't that important.
    7. Re:90 year old? by Anonymous Coward · · Score: 0

      ...who happens to have a really jealous and homicidal pizza delivery boyfriend --- also ninety years old.

    8. Re:90 year old? by fahrbot-bot · · Score: 1

      When you are 90 year old, your 24 year old ninja girlfriend is a necrophiliac, not nymphomaniac.

      To be fair, she be both - and desperately in need of therapy.

      --
      It must have been something you assimilated. . . .
    9. Re:90 year old? by Locke2005 · · Score: 1

      I'd settle for death by sexual exhaustion too...

      --
      I've abandoned my search for truth; now I'm just looking for some useful delusions.
  6. No problem, and not even the first one by Anonymous Coward · · Score: 0

    This isn't even the first time such data has contributed to LEO investigation.

    https://www.nbcnews.com/news/us-news/fitbit-murder-case-richard-dabate-pleads-not-guilty-wife-s-n752526

    Now we have more Fitbit murder evidence cases than filesystem nerd murder cases, at least...

    1. Re:No problem, and not even the first one by Anonymous Coward · · Score: 0

      This guy is terrible at alibis

  7. The fitbit recorded audio accidentally by Anonymous Coward · · Score: 0

    Anchovies Pizza?? WTF?? That's your favorite -- not mine!!

    1. Re:The fitbit recorded audio accidentally by Locke2005 · · Score: 1

      Anchovies on pizza?!? I've killed people for less...

      --
      I've abandoned my search for truth; now I'm just looking for some useful delusions.
  8. No Anchovies, Please - The J. Geils Band by Anonymous Coward · · Score: 0

    This is what I think of whenever someone says anchovies :D https://www.youtube.com/watch?...

  9. Heart Data by Anonymous Coward · · Score: 0

    Heart attacks are often preceeded by a spike in heart rate. As the blood clot in a coronary artery thickens, the heart pumps faster to try to give itself more blood. It ultimately exhausts itself, slowing rapidly to a halt as lactic acid builds up in the muscular tissue.

    The fitbit data is consistent with having had a heart attack. Perhaps she cut herself up in a fit of hypoxic delirium as her oxygen level dropped.

    I see no evidence reliably linking this poor old man to any crime. I am an Internet Expert(TM) so you should agree with my position.

    1. Re:Heart Data by Darinbob · · Score: 1

      I would assume any reasonable coroner already thought of that.

    2. Re:Heart Data by 91degrees · · Score: 1

      They know when she died with a great degree of accuracy. they are also aware of lacerations on her neck, which aren't consistent with a heart attack. They have video footage showing the suspects car there at the same time.

      Evidence does not exist in a vacuum.

  10. 5 minutes... by Anonymous Coward · · Score: 0

    Are they absolutely certain about the time sync between the cameras and the fitbit? Are they certain that the fitbit data corresponds with death?

    1. Re:5 minutes... by Megol · · Score: 1

      Charge. Look it up. No need to be certain at this point, there will ultimately be a jury of his peers to decide if the data is certain or not.

    2. Re:5 minutes... by Nidi62 · · Score: 1

      Are they absolutely certain about the time sync between the cameras and the fitbit? Are they certain that the fitbit data corresponds with death?

      If they have video footage of he opening the door, taking out the trash, mowing the lawn, whatever, they take take that timestamp and match it up to the corresponding activity rate on the fitbit. About all the defense would be able to do is argue that the fitbit somehow lost/gained time and the killing happened after he left. There should be enough data to demonstrate how well the fitbit keeps time to counter that argument though (assuming the fitbit does in fact keep consistent time).

      --
      The only thing necessary for evil to triumph is for it to be pitted against a slightly greater evil
    3. Re:5 minutes... by tehcyder · · Score: 1

      Are they absolutely certain about the time sync between the cameras and the fitbit? Are they certain that the fitbit data corresponds with death?

      It's pretty shocking how few people in Law Enforcement check on slashdot before jumping to conclusions isn't it?

      --
      To have a right to do a thing is not at all the same as to be right in doing it
  11. Gamification by NicknameUnavailable · · Score: 1

    This needs an achievement.

  12. Overheard at the arrest by Anonymous Coward · · Score: 0

    and if you cannot afford a lawyer, other than this one found posting in a tech column known as Slashdot, from his momma's basement, the state will provide one for you. Do you understand these rights

    1. Re:Overheard at the arrest by Headw1nd · · Score: 1

      No I don't

  13. Fitbit Heart Rate Disclaimer by Anonymous Coward · · Score: 0

    "This product is not a medical device, and is not intended to diagnose, treat, cure, or prevent any disease. With regard to accuracy, Fitbit has developed leading hardware and algorithms to track fitness information and is constantly improving its products to calculate measurements as accurately as possible. The accuracy of Fitbit devices is not intended to match medical devices or scientific measurement devices, but is intended to give you the best information available in a wearable activity tracker."

    In other words, "we're only guessing at your heart rate." The "evidence" obtained from the fitbit will be thrown out.

    1. Re:Fitbit Heart Rate Disclaimer by Locke2005 · · Score: 1

      Seems like a heartbeat of ZERO beats per minute isn't a "guess"...

      --
      I've abandoned my search for truth; now I'm just looking for some useful delusions.
    2. Re:Fitbit Heart Rate Disclaimer by Darinbob · · Score: 1

      Any are there so many anonymous cowards today trying to prove this guy was innocent? Are you indeed Mr Aiello using the internet from your jail cell?

      The jury of your peers will decide this, not Slashdot. And there is much more evidence than the fitbit. Perhaps you should not have falsely claimed that you saw the deceased driving in her car with a friend past your window?

  14. Needs more info AmiRight? by Anonymous Coward · · Score: 0

    The fit-bit shows that she died at a certain time, but it doesn't show that he was there. The part about him being there is just something the article states without explaining. Presumably, that's a time line the prosecution said happened, which is something a prosecution does with or without evidence. That timeline might be backed by evidence, or it might be something they pulled out of their ass. I would be much more convinced if the fitbit established the time of death AND the cellphone established he was there in the house at that time.

    1. Re:Needs more info AmiRight? by Headw1nd · · Score: 1

      She had a surveillance camera as well, presumably watching her door, that the could correlate with the fitbit timeline

    2. Re:Needs more info AmiRight? by Attila+Dimedici · · Score: 1

      She had a surveillance camera which recorded him leaving...with a timestamp on what time that was. Both the camera and the fitbit used NTP to determine what time it was.

      --
      The truth is that all men having power ought to be mistrusted. James Madison
    3. Re:Needs more info AmiRight? by Darinbob · · Score: 1

      The fitbit and video evidence shows that the suspect lied about his activities. This points the finger of suspicion back at him, the police investigate and get more evicence. So far we only have a small fraction of the evidence, as police are not usually so likely to give out the entirety of the case to the local newspaper.

  15. Fitbit ZIP $40 - no GPS. by Anonymous Coward · · Score: 0

    That is all.

    You don't want the $80 "new" version.

  16. Tech companies are picky about friendships by OrangeTide · · Score: 1

    If any of my friends are reading this, if you're a murderer I'm not your friend either.

    --
    “Common sense is not so common.” — Voltaire
  17. A bit on the chilling side of narratives by Rick+Schumann · · Score: 2

    She had been wearing a Fitbit fitness tracker, which investigators said showed that her heart rate had spiked significantly around 3:20 p.m. on Sept. 8 (Warning: source may be paywalled; alternative source), when Mr. Aiello was there. Then it recorded her heart rate slowing rapidly, and stopping at 3:28 p.m., about five minutes before Mr. Aiello left the house, the report said.

    Yeesh. I'd imagine anyone looking at that data, knowing that a murder had been committed, would get a cold shiver down their spine, watching the heartrate data do that.

    That being said.. while in this case a tracking device (which is what Fitbit is, after all) has provided the time-of-death evidence necessary to catch a killer, it's still completely fucked up that people are voluntarily wearing a tracking device like Fitbit that gives away such valuable personal data to any corporation for any reason -- that apparently the police and other government agencies can then have access to. Don't do it, folks.

    1. Re:A bit on the chilling side of narratives by Anonymous Coward · · Score: 0

      Don't do it. Unless you choose to do it.

  18. Most unlikely suicide by Headw1nd · · Score: 0

    "Lacerations on her head and neck" coupled with "was found slouched in her chair with a kitchen knife in her hand, appearing as if she killed herself" makes me think this was the weakest plan to throw the cops off of all time. Who kills themselves by wildly stabbing at their head and neck? C'mon guy at least open the window and try to make it look like an intruder or something.

  19. Note to self: by Locke2005 · · Score: 2

    Take any digital watches and cell phones present next time I kill someone...

    --
    I've abandoned my search for truth; now I'm just looking for some useful delusions.
  20. Post the accelerometer data by RogueWarrior65 · · Score: 1

    *thump* *thump* *thump* *thump* *thump* *thump*
    Gallows humor is always funny.

  21. Coming soon to Apple Watch by Fencepost · · Score: 1

    Wasn't there a bunch of news recently about the new Apple Watch calling 911 for some abnormal heartbeats?

    In any case, these devices are generally going to be able to identify whether they're on a wrist or not, particularly with newer ones that also include pulse oximeters. I could easily see both fitness trackers and smartwatches being able to detect patterns that look like severe health issues and/or death and the ability to contact emergency services.

    The biggest roadblocks are going to be regulatory and legal rather than technical - are your devices authorized to track this, respond to this, respond by calling 911, etc. *and* just as important to a manufacturer if a capable device *does not* detect, recognize or respond to a health emergency does the manufacturer get sued?

    --
    fencepost
    just a little off
  22. Re:Pussy slayer in da hizzie!!! by Impy+the+Impiuos+Imp · · Score: 1

    Your fitbit motion sensor showed you were jerking off last night at home instead, and your DVR shows you were watching Dancing With The Stars.

    --
    (-1: Post disagrees with my already-settled worldview) is not a valid mod option.
  23. fitbit serves another useful purpose by ole_timer · · Score: 1

    I have a fitbit charge 2 which counts steps and sleep habits, both of which are very useful to counter my diabetes. (why can't they track glucose too?) In this case it also tracked her heart rate going to zero and the time that happened. Also very useful to add forensic evidence for her murder. You could argue that's an invasion of privacy but I think the fact a murderer was caught outweighs that invasion, which she probably agreed to in any case. I'll gladly continue to wear my fitbit and I'm a security professional who cases about privacy. The benefits far outweigh the consequences.

    --
    nothing to see here - move along