VERNON -- The judge has denied defense motions to move the Dabate case and will allow a jury to hear a Fitbit expert during trial.
Judge Julia Dewey is also allowing all but the last 50 minutes of Dabate's interview with state police. She will also allow testimony that the state police K-9s did not find the scent of a third person in the house.
Lawyers for Richard Dabate requested the judge move the trial because of extensive media coverage surrounding the case. Dabate, of Ellington, has maintained his innocence since he was charged in the shooting death of his wife Connie Dabate in 2017.
There are other motions to be decided relating to internet searches and about the alarm system. The case will resume on February 18. Jury selection is expected to start in early March.
On Monday, a Columbia University assistant professor of behavioral medicine took the stand to answer questions about the accuracy of Fit Bit. Investigators said Connie’s Fit-Bit tracker revealed inconsistencies in Rick’s story about a home invasion.
Prosecutors are currently presenting their case to the judge on why the Fitbit tracker evidence should be allowed in their case against Rick Dabate
Dabate’s attorney filed a motion to suppress evidence. His attorney argues an interview Dabate had with detectives at the hospital following the home invasion was not voluntary. Detectives argued Dabate was not a suspect at the time and had every right to not answer their questions.
His attorney is also asking to move the case out the area and exclude Ellington residents from the jury selection, citing the amount of media attention the case received and a newspaper article he believes will hinder Dabate’s chances of a fair trial.
Dabate’s wife, Connie Dabate died from a gunshot to the head in 2015. Richard told police a masked man entered their Ellington home, shot his wife and tied him up before fleeing.
Richard was arrested and charged on April 14, 2017. Police arrested him after an investigation lasting over a year and a half. The investigation resulted in a 50 page warrant detailing interactions between the couple, as well as witnesses accounts of the incident. The warrant also included Connie’s Fit-Bit tracker, that showed inconsistencies in Rick’s story. He currently free on $1 million bond.