Too Fat To Kill? Weight Used As Defense

[The Straight Story]

Too Fat To Kill? Weight Used As Defense
Florida Man Accused Of Killing Son-In-Law

TRENTON, N.J. -- A 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.

When Edward Ates takes the stand in his defense Wednesday, he's expected to tell jurors he wouldn't have had the energy needed to climb and descend the staircase where prosecutors say the killer was perched when he shot Paul Duncsak, a 40-year-old pharmaceutical executive, in 2006.

An attorney for Ates claims that in 2006, the 62-year-old who stood 5 feet 8 and tipped the scales at 285 pounds was in such bad physical shape that couldn't have pulled off the shooting or the fast getaway the killer made.

Ates' attorney Walter Lesnevich said his client's weight has caused Ates' asthma, sleep apnea and other obesity-related ailments.

http://www.clickorlando.com/news/21449424/detail.html

[dflprincess]

1. The victim was a pharmaceutical executive?

I'd think the list of suspects would be endless.

[imdjh]

3. No literate jury will convict.

[imdjh]

2. I don't think his weight would have prevented him from climbing stairs or picking up the shells...

... but.... driving "21 hours straight" would be extremely difficult for someone with sleep apnea to do without ending up dead or wrapped around a tree. Even with CPAP and fairly good rest on a nightly basis, I simply cannot drive for hours on end without getting drowsy. I have to stop (about once per hour), walk around, drink coffee, etc... to stay alert on long trips.