Judge: Pacemaker data can be used in Middletown arson trial
Compton, who has an artificial heart implant that uses an external pump, told police he was asleep when the fire started. When he awoke and saw the fire, he told police he packed some belongings in a suitcase and bags, broke out the glass of his bedroom window with a cane, and threw the bags and suitcase outside before taking them to his car.
Police then obtained a search warrant for all of the electronic data stored in Compton's cardiac pacing device, according to court records.
The data taken from Compton's pacemaker included his heart rate, pacer demand, and cardiac rhythms before, during and after the fire.
A cardiologist who reviewed that data determined, "it is highly improbable
Defense attorney
"It is just fundamentally unfair to say to a person the functioning of your body and the record of it related to illness that you have ... is something that the government should then be able to take and use to incriminate a person," Rossi said.
Assistant
In the end, Common Pleas Judge
Pater said just because the pacemaker data is individual to Compton doesn't mean it is more private than other things.
"There is a lot of other information about things that may characterize the inside of my body that I would much prefer to keep private rather than how my heart is beating. It is just not that big of a deal," Pater said.
Compton's trial is set for
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