I'm not sure if this is a new twist on an old story, but the "Too Fat to Kill Defense" seems to be getting more popular everyday. I've heard of "too old to cut the mustard anymore," but this is ridicules (I guess...
). I thought it was sort of humorous (in a sick kind of way
) so I posted it. I hope Ates is not a member on this forum.
Too Fat to Kill? Fla. man uses weight as a defenseBy BETH DeFALCO, Associated Press Writer, The Associated PressWednesday, October 28, 2009, 2:20 PM EDT
Edward Ates is shown in this undated photo provided by his
attorney and released by the Trenton, NJ prosecutor's office,
Wednesday Oct. 28, 2009. The Florida man, accused of killing
his son-in-law in New Jersey is arguing that he was unable to
commit the crime because he was too fat. (AP Photo/Courtesy
of Trenton Prosecutor Office) According to Lesnevich, the trajectory of the bullets shows that Ates wasn't physically capable of the shooting.
Duncsak was shot six times as he walked down a hallway. Lesnevich said the shooter first fired from a staircase leading to the basement. That was followed by several shots fired head-on. In order to do that, Lesnevich said, Ates would have had to run up the stairs.
Lesnevich also says it would have been impossible for Ates to clean up all the shell casings and flee the house before police arrived minutes later, let alone to have driven alone 21 hours straight to his mother's house in Louisiana.
Prosecutors have built their case around cell phone records and computer forensics and have little physical evidence. Still, they say they have a strong case.
During the trial, they have presented evidence to show Ates bought books detailing how to build a gun silencer, did Internet searches on how to pick locks and how to commit the perfect murder.
Duncsak's mother, Sophia, has said Ates became vengeful toward her son after Paul Duncsak refused to give his father-in-law $250,000 in 2003 to keep Ates' struggling golf course in Okeechobee, Fla., afloat.
And Ates' sister testified that she initially told detectives her brother arrived at their mother's house a day earlier then he did because he asked her to lie.
While obesity appears to be a rare strategy for a murder trial, the defense was used recently in Ohio by double murderer Richard Cooey, who argued that he was too fat to execute.
He argued that at 5 feet 7 and 267 pounds, his obesity made death by lethal injection inhumane because it would be difficult for prison staff to find suitable veins to deliver the deadly chemicals. There were no such difficulties when he was executed this month.
Possibly hurting Ates' argument for jurors: He lost 40 pounds while in jail awaiting trial.
"It visually impacts it," Lesnevich said. "I'm probably the only person in his life that told him not to lose weight."
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