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Google Geofence Data Exonerates Man After Being Charged With Murder (cbs46.com) 169

McGruber writes: Keith Sylvester, an Atlanta man wrongfully accused of killing his parents who were found dead in a burning home, is now a free man after Google geofence data identified another man as the murderer. "I had been telling them since 2018 that I was innocent," said Sylvester. "I was held in jail for almost 15 months and I wrote just about everybody and they finally released me in March."

"Officers accused Sylvester of strangling his parents and then setting their home on fire to get rid of evidence, but there was video evidence that he was not at the scene at the time of murders," reports CBS46 News Atlanta. "It's not just the video evidence from the convenient stores, it's also his cell phone GPS data that they had, it's also dash camera in his own car that recorded his location throughout the night. Putting all that evidence together it's impossible to reconcile him being there at a time when he could've started a fire," said Sylvester's attorney Zack Greenamyre.

"In a statement District Attorney Paul Howard said they dropped the charges after their Major Felonies Unit conducted their own independent investigation," the report says. "During the process they acquired a Google geofence search warrant which identified Cornelius Muckle as the culprit. The statement went on to say Muckle's cell phone was inside the house at the time of the crimes and he has now been charged with the murders. As for Sylvester, his attorney says that much of the information exonerating him was known at the time of his arrest. He says the officers ignored the evidence and should be held accountable."

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Google Geofence Data Exonerates Man After Being Charged With Murder

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  • by brunes69 ( 86786 ) <[slashdot] [at] [keirstead.org]> on Thursday September 03, 2020 @09:02AM (#60468752)

    ... and the taxpayers will have to pay for these officers ineptitude.

    • by fred911 ( 83970 )

      ''officers ineptitude.''

      As long as you are referring to officers of the court, IE admitted members of the bar. At first glance it appears that both defense and people's lawyers were fully inept. He was charged 15 months ago, we can assume he was arraigned, but no discovery since then? All this is part of the public record, too bad TFA didn't have any depth.

      • A defense attorney can uncover vast amounts of exonerating evidence, and it could be ignored by the DA.
        • A defense attorney can uncover vast amounts of exonerating evidence, and it could be ignored by the DA.

          Even worse, if the person has been convicted and jailed by the time the evidence is found a DA will usually fight a prisoner's release tooth and nail, even in the presence of overwhelming evidence of the prisoners innocence.

      • Given all of the evidence that showed he didn't do it, how the fuck was he charged in the first place?

        Last I knew you needed evidence to charge someone. And you definitely needed evidence hold them in jail for 15 months. There are a slew of laws being broken here, and yeah, the dude should be in for a solidly good payday to make up for it. And if there was any justice in the world, a bunch of people should lose their jobs.

        • by fred911 ( 83970 )

          ''Last I knew you needed evidence to charge someone.''

          You would think, right? A sworn affidavit by a officer of the law is sufficient to charge one of a crime. The defendant is arraigned and the DA presents the charge to the judge, the defendant enters a plea and a date for a prelim and bail is set. The prelim is where the DA must prove to the court that there is sufficient evidence to try the defendant [discovery is set between that..etc].

          So the only evidence is necessary to charge someone is an officer's

        • Being charged in the first place, could have happened the night of the murder. BUT, within a week or less, they almost certainly had all that evidence that PROVED he could not have done the crime. It was prosecutors that did not release him. They continued the case. THEY ARE THE ONES TO BLAME.
        • Given all of the evidence that showed he didn't do it, how the fuck was he charged in the first place?

          You're totally correct. The way this sounds to me is until another suspect was found (by an independent investigation), they weren't going to let go.

          Sort of a "well, the evidence says it wasn't you, but if not you, then who else? No? No answer? Okay, well, we'll stick with you for now." Basically, for lack of an answer they stuck with the least-unllikely suspect they had... which was still very unlikely.

          • by Shimbo ( 100005 ) on Thursday September 03, 2020 @11:54AM (#60469460)

            Given all of the evidence that showed he didn't do it, how the fuck was he charged in the first place?

            You're totally correct. The way this sounds to me is until another suspect was found (by an independent investigation), they weren't going to let go.
             

            That's all too often how these things work. Get a conviction, and if it's the right person that's a bonus.

      • Why do you think the defense attorneys get to drop the prosecution's charges?

        15 months is about how long the prosecution can string along motions to dismiss.

    • by AmiMoJo ( 196126 )

      What sort of compensation can he expect for false imprisonment?

    • by prisoner-of-enigma ( 535770 ) on Thursday September 03, 2020 @09:32AM (#60468836) Homepage

      Having also been a victim of being wrongfully arrested and detained, I can tell you it will be almost impossible for him to sue for damages. It's not enough to prove the State was inept. You must prove it was willfully malicious otherwise sovereign immunity places the State beyond your reach. In other words, you can't sue them because they were negligent or inept. You have to prove they were out to get you specifically.

      I was arrested two years ago, allegedly for violating a restraining order. The order in question had been dismissed due to perjury by the person requesting the warrant (short story: this person was trying to harm me and my children). I had the paperwork showing the order had been dismissed. I gave it to officers when they came to arrest me. They ignored it. My lawyer told the court during my hearing. They ignored it. Turns out the court had misfiled the dismissal, so their "system" showed it was valid when it was not. It took my lawyers 40 days to get the State to figure out what happened, during which time I was held in custody. I lost my job, insurance, almost lost my house and custody of my three children. It cost me almost $10,000 in legal fees to get this resolved. When I was ultimately released, there was no "gee, we're sorry we fucked up" from the judge. Just released, with no recourse, no job, massive debts, and a hole in my resume that will be difficult to explain forever.

      • by Luckyo ( 1726890 )

        Is this because of the specifics of the case (fuck up being done by the neutral party that is the court rather than the legal opposition), or is this a general rule for all state actors in court of law in US?

        Because that sounds rather odd for a country as notoriously litigious and hell bent of extracting ridiculous legal punishments and settlements as US.

        • by kqs ( 1038910 )

          General rule for all state actors.

          The US legal system is set up such that the powerful are more powerful in the legal system, while the weak are still weaker. You may have seen a few protesters around who are complaining about the legal system, how state actors can kill unarmed people and face no punishment.

          • by Luckyo ( 1726890 )

            >powerful are more powerful in the legal system, while the weak are still weaker

            That is the general rule for every living being on this planet and has nothing to do with state actors, courts, humans or even animals. It's a universal because of what organic life is about on this planet.

            As such, I'm not really interested in such wide ranging rules. I'm interested in specifics.

        • Generally state governments and their officials have sovereign immunity for otherwise legal exercise of their authority.

          I mean the right thing to do would be to pass a law saying that detention resulting from the state's own errors (in this case, the misfiling of the restraining order dismissal) requires the state to make the improperly detained people whole for any monetary losses incurred as a result from an erroneous detention. You might even go further and make improper detention an affirmative defense

          • by Luckyo ( 1726890 )

            I imagine that outcome of such actions would actually be the opposite from one you list as desirable. When you start punishing people for inevitable mistakes of others, pretty much anyone with a choice will look elsewhere for a job.

            So quality of your DAs will go straight into the toilet, with many jobs simply becoming impossible to fill. And you'll quickly learn what security problems associated with not being able to pursue and imprison criminals look like in a very direct, Portland-like fashion. The end p

    • by Luckyo ( 1726890 ) on Thursday September 03, 2020 @09:36AM (#60468850)

      This sounds like District Attorney misbehaviour. One of the weakest links in US Justice system.

      • There we go. FINALLY. Somebody else who sees it.

        So many ppl point to the LEOs, when in fact, it is the Prosecutors that are the REAL FUCK-UPS.

        BLM should be focusing their rage and changes on removing QI on LEOS AND the courts, but also removing the statuettes of limitations ESP. ON PROSECUTORS.
      • by thegarbz ( 1787294 ) on Thursday September 03, 2020 @12:08PM (#60469524)

        This sounds like District Attorney misbehaviour.

        This is so blatant. In case anyone doesn't see it, the story here is that the charges weren't dropped because of the overwhelming evidence casting doubt on the man's guilt, they were dropped because they found someone else to take this guy's place. Do they have a quota for number of people thrown in jail at any given week?

    • Well that's what taxpayers get for hiring the cheapest police officers they could find. It was a gamble, a greedy attempt to save themselves money, and this time they lost.

      If they keep losing, maybe next time they will hire better people and fire the bad ones [theguardian.com].

      • by dgatwood ( 11270 )

        Well that's what taxpayers get for hiring the cheapest police officers they could find. It was a gamble, a greedy attempt to save themselves money, and this time they lost.

        The police have approximately nothing to do with this. All that is required for an arrest is reasonable suspicion. It was his parents' house, and he lived within the city. So if he said something or acted in some way that gave them any reason to be even slightly suspicious, that's enough to hold him for 72 hours. Or maybe they were just a bunch of racist idiots and arrested him because of the color of his skin. Who knows. Either way, the harm caused by their role in all of this was minimal, because th

        • by Ichijo ( 607641 )

          All that is required for an arrest is reasonable suspicion... it is [the DA's] job to vet the evidence, not the police's job.

          You're saying the police should ignore the evidence and just trust their gut [cc.com] when deciding whether to arrest.

          I don't think I want to live in your police-state utopia.

          • by dgatwood ( 11270 )

            No, I'm not saying that at all. What I'm saying is that the threshold for reasonable cause to hold someone is a lot lower than the threshold for actually prosecuting that person, and that I cannot, without actually having been there, say with certainty that the police didn't have adequate cause to hold him as a suspect, given the information available at the moment of his arrest.

            Also, there are other reasons to hold the person beyond suspicion of committing the actual crime, such as concern that the perso

    • by jellomizer ( 103300 ) on Thursday September 03, 2020 @09:50AM (#60468900)

      While legally we are suppose to be innocent until proven guilty.The reality of 21st century justice is you are guilty and if you weren't then you are still a problem because someone thought it could be you.

      Being charged with a crime, is often enough to damage your reputation, it puts the arrest on your background check lookup. For anyone willing to hire the person they see the charge, will always have a sense of doubt about hiring that person.
      You have 2 candidates, one was charged with murder while proven not-guilty. or one without being charged for murder who are you going to pick?

      It is a messed up system, with racist overtones. As the police can arrest and charge anyone they don't want to be there, only to have them not-guilty (No skin off their backs) however with that charge on the books. Their lives are now unjustly ruined.

    • wrong. It was NOT the police holding him. It was the COURTS, namely prosecutors. LEOs can not decide to hold a man for years prior to a trial. That is only the prosecution. This is why I continue to say that BLM is a disaster. They are fighting cops, and ignoring the prosecution. QI needs to be removed from LEOs AND PROSECUTORS, but even more importantly, statuettes of limitations most be removed on situations like this.
      • Courts, cops, doesn't matter, taxpayers still end up being on the hook for the incompetence.

        • and nothing will happen to the LEO or Prosecutor for this. They will not even be fired. DISGUSTING.
          Justice denied for 1 is Justice denied for all.
      • by dryeo ( 100693 )

        The cops are often in charge of presenting the evidence.
        Recently listened to a podcast about some poor guy in Halifax who spent 22 years in prison after getting convicted of the murder of his girl friend. Not only was there little evidence that he did it but the cops actively destroyed evidence that would have exonerated him. Things like the fact a serial killer lived next door to the girl friend and moved away right after the murder along with witness statements pointing to the serial killer. Some of the e

        • Deliberately destroying or ignoring evidence that would exculpate someone should be a capital crime. High treason, with capital punishment.

          Oh, no? Well the robocops are eager to be judge, jury, and executioner...hold them to the same standard.

          Don't like it? Don't be a corrupt shithead. I mean, you don't have anything to hide, do you?

          • And that is why I continue to say that we need to not only remove QI on police, but also on Prosecutors, AND remove the statutes of limitations on them for these crimes.
          • by dryeo ( 100693 )

            The problem in this case was/is proving who spent hours deleting database entries, one by one, starting with proving they were deleted. It's not like the cops are eager to do the investigation. No capital punishment here, so life in prison, ideally in the general population.

      • This is why I continue to say that BLM is a disaster. They are fighting cops, and ignoring the prosecution.

        They're fighting the cops because the cops are the ones killing them.

        Yes, prosecutors are often bad too. But they're not the ones suffocating people.

        • They're fighting the cops because the cops are the ones killing them.

          Most of the killings that we see today, happen on spur of the moment, and many of them are NOT what they appear.
          For example, according to Forensics, George Floyd did NOT die from asphyxiation. He died from drugs.
          It remains to be seen about DC's recent death. It is unknown if it was the drugs he was on, or the police. BUT, the spit bag allows pretty free air movement, so I doubt it was cops.

          OTOH, how many blacks are on death row? How many blacks get reprieves from death row? Few.
          Far more INNOCENT

    • ... and the taxpayers will have to pay for these officers ineptitude.

      As someone else already commented [slashdot.org] here, officers have "sovereign immunity", which means they're basically not accountable for their own fuck-ups (except where malicious, which is a high bar to prove - hmmm wonder if their union had a hand in defining that).

      Basically, "sovereign immunity" is synonymous to "cannot be trusted", because anything they do can go without repercussions.

    • While I would like to agree with you, I feel that people won't exercise their legal rights to take the police and hold them accountable. They just take some money and the law never changed to the benefit of all.

      I dislike that I'm thinking that way, I would like to see some positive action one day.

  • by LordWabbit2 ( 2440804 ) on Thursday September 03, 2020 @09:12AM (#60468780)
    Leave cellphone at home when committing any dasderdly deeds.
    Even better, steal the phone of your nemesis and carry that around instead.
    • by Uenu ( 3997939 )
      Well, you know the real criminal wasn't a teen or early 20's. They would have live streamed it. Not sure how that's a thing, but seen too many stories of "young" criminals live streaming their crimes, thinking "this will show the world how cool I am, and there is no way authorities will find this and use it against me".
  • Geofencing (Score:5, Funny)

    by war4peace ( 1628283 ) on Thursday September 03, 2020 @09:14AM (#60468784)

    Clicked URL.
    Got this:

    451: Unavailable
    The page you are attempting to access is not available in your country.

    If that's not a great example of geofencing, I don't know what is.

    • by tsstahl ( 812393 )

      You clicked to read the article? I'm not sure you know how to do /. correctly... ;)

    • Clicked URL.
      Got this:

      451: Unavailable
      The page you are attempting to access is not available in your country.

      If that's not a great example of geofencing, I don't know what is.

      I just hope Google's data that resulted in the incarceration of a person isn't easily fooled by a VPN.

  • by MobyDisk ( 75490 ) on Thursday September 03, 2020 @09:19AM (#60468790) Homepage

    Cornelius Muckle sounds like a Hufflepuff who works in the Ministry of Magic.

  • Just check them into a US nursing home.
  • by fred911 ( 83970 ) on Thursday September 03, 2020 @09:31AM (#60468834) Journal

    This was filed in Sept, 2019.

    https://dockets.justia.com/doc... [justia.com]

    Interesting read.

  • And rightly so; and the parties that screwed up should be punished

    Question is: How is this different from Reparations for the descendants of slaves?

    • by dryeo ( 100693 )

      Think of if he has children and had been convicted. Would the children have suffered?

  • Travesty of Justice (Score:2, Informative)

    by Anonymous Coward

    ""Officers accused Sylvester of strangling his parents and then setting their home on fire to get rid of evidence, but there was video evidence that he was not at the scene at the time of murders," reports CBS46 News Atlanta. "It's not just the video evidence from the convenient stores, it's also his cell phone GPS data that they had, it's also dash camera in his own car that recorded his location throughout the night. Putting all that evidence together it's impossible to reconcile him being there at a time

    • by PPH ( 736903 )

      It was only the Google geofence data that implicated someone else.

      Cops had someone in custody. They didn't want to mess up their report card until they had another body to replace him with.

      • by Daetrin ( 576516 )
        This is the problem with applying metrics to things with rewards attached to them, job performance in particular. Accountability in your workplace is a good thing in theory, but if you measure it with metrics then a lot of people are going to focus on the metrics themselves rather than what the metrics are supposed to measure. Wells Fargo employees creating fake accounts, LAPD adding random people to a gang database, Amazon employees hanging cellphones from trees.

        It's understandable from an economic/game
  • 15 months is unconscionable given that this data was available. It sounds like he was arrested with zero evidence?

    If you have power and somebody gets in your way, you can have them locked up for a LONG time on BS charges.

    This will be among the enumerated claims in the next Declaration. It doesn't have to be this way. Tyranny is Over (if you want it).

  • On the one hand, this is likely a very one sided summary. Presumably there was some kind of evidence that made this guy the suspect in his parents' murder, even if it was wrongfully interpreted.

    On the other hand, this reinforces the inviolable fact that anyone remotely capable of being suspected of a crime needs to avoid feeding the prosecuting machine with material that can be misconstrued (either honestly or dishonestly) against themselves. I am a generally pro-cop, pro law and order person, however hav
    • I t would have to be some pretty incredible evidence if it was enough to discount him showing up on video surveillance in a different location, as well as the dash video from his vehicle not showing him at the crime scene at the time.
  • "As for Sylvester, his attorney says that much of the information exonerating him was known at the time of his arrest. He says the officers ignored the evidence and should be held accountable."

  • was charged with murder? I guess we've given up on antitrust then.

  • Anyone remember the first season of Mannix on TV? (yes I am that old!)

    Larry and Sergei should create a new company named Intertect. They already have the computers; they already know everything about everyone. They would only need to hire, train and equip a bunch of good looking operatives and presto! no unresolved crimes.

    Mannix Opening Title Credits :: Season One (1967) [youtube.com]

  • by jenningsthecat ( 1525947 ) on Thursday September 03, 2020 @11:03AM (#60469246)

    Sure, the guy was released when they hung somebody else on the geo-fencing hook. But ALL of the evidence in his favour, including dashcam footage, convenience store security footage, and his own cell phone's GPS data, weren't enough to keep him out of jail in the first place.

    The takeaway from this is that if the cops 'like' you for a crime, all of the contrary evidence from all of the privacy-raping technology in the world isn't enough to keep you out of jail. If that's true even in the States, (a nominally free country that's nominally under the rule of law), where does that leave the rest of the world?

    I'm starting to think the whole 'de-fund the police' idea is a good one - not to eliminate the police, but to make make them servants of the law instead of being a law unto themselves as it seems they currently are.

    • Not in America. But in most of the rest of the western world the guy wouldn't have been in jail with this loss of privacy as few other places have a desperate need to feed meat into the front end of the PIC machine.

  • The DA's statement is basically an advertisement for geofence searches when in fact the whole miscarriage of justice thing could have been resolved by just looking at the evidence.

  • As much as it is good to see Google saving an innocent life, it also demonstrates the problem with the system. The ever present need to put "someone" in jail when there is a crime involved is harmful. It does not matter whether there is enough evidence, or that person was actually guilty.

    The investigation cannot say "oops, we could not find anyone", so they put this poor fella thru the terrible ordeal. Not only he lost his parents, he lost more than a year of his life, and probably lost his job, other thing

  • by bobcat7677 ( 561727 ) on Thursday September 03, 2020 @03:41PM (#60470340) Homepage
    My wife got mugged by some young kids. They took her phone and ran. Didn't bother to turn it off so "findmyiphone" happily continued to show where it was. Showed this to a police officer but it actually thought it was a joke and wouldnt do anything! I ended up going to the location myself and recovering the phone without the "help" of the police.
  • ... officers ignored the evidence ...

    sounds like par for the course. I know of far too many cases where the police and prosecutors ignored, suppressed, and concealed evidence that proved the defendant was innocent even before the charges were filed. But they pressed ahead with it because they just wanted the convictions on their resumes.

    ...and should be held accountable.

    Yeah, not going to happen.

    Case in point, the DA in Bakersfield got re-elected at least 3 more times after he put 36 Innocent people in jail 34 got released after their appeals proved had been railroaded a

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