A judge has decided to allow some evidence, from a Fitbit, to be excluded from George Burch's murder trial.
On Wednesday, the Brown County Circuit Judge decided to exclude any data related to sleep-monitoring, but the data related to step-counting will be allowed. Burch's attorney had previously filed a motion to have both excluded from the record.
George Burch is accused of killing Nicole Vander Heyden, in May of 2016.
The state wants to use the data from the Fitbit, allegedly worn by Vander Heyden's boyfriend Doug Detrie. With this data, they argue they can prove Detrie was not involved in the murder.
The defense argues the technology has not proven to be reliable in court, and should not be admissible.
Burch will be back in court on February 1st for a motion hearing.