By Frank James

Closing arguments were heard Wednesday in a New Jersey murder case that's gotten a lot of attention, the case in which prosecutors say the accused killed his ex son-in-law and the defendant's defense is that he couldn't have because he's too obese to have done the crime.

Edward Ates.

Was Edward Ates too obese to kill his ex son-in-law? (AP Photo)

Many people have thought this case seems like perfect Law and Order material, made-for-TV fare for sure.

Television writers wouldn't even have to be very creative; they could just use the actual court transcript of the arguments the lawyers are making in the Hackensack, N.J. courtroom.

An excerpt from the Associated Press:

Prosecutors agreed that Edward Ates is far from fit, but said he's still capable of methodically planning and executing the killing of Paul Duncsak.
"He's not running a marathon. I'll agree he probably can't do that," Assistant Bergen County Prosecutor Wayne Mello told the jury during closing arguments. "What he can do is execute his son."
Prosecutors claim Ates drove from his home in Fort Pierce, Fla., to Duncsak's $1.1 million home in Ramsey, about 25 miles northwest of Manhattan, in August 2006 and shot him as he came home from work. Police quickly suspected Ates and found him 24 hours later at his mother's home in Sibley, La.
Defense lawyer Walter Lesnevich said his client -- age 62 and at least 285 pounds at the time of the murder -- didn't have the energy to run up a staircase, accurately shoot Duncsak, leave before police arrived, then make a 21-hour drive to his mother's home in order to create an alibi as prosecutors claim.
"Look at him!" Lesnevich told jurors, adding that Ates was 60 pounds heavier at the time of the crime.
Prosecutors also said there was evidence that the killer was hungry: A Burger King hamburger wrapper was found near Duncsak's body, and Duncsak was on his cell phone moments before he was shot asking his girlfriend if she had left the Whopper wrapper there. She said she had not.

I dare a Hollywood screenwriter to improve on that.

And it gets better. According to another AP story, Lesnevich the defense lawyer, made an unusual request of his client. He asked him not to lose weight:

"It visually impacts it," Lesnevich said. "I'm probably the only person in his life that told him not to lose weight."

This too-fat-to-do-the-crime may be catching on. A man recently used the defense in New Hampshire, saying because of his size - 5'10" and 230 pounds -- the police shouldn't have administered a field sobriety test to him after stopping him on suspicion of driving under the influence.

categories: Crime

3:58 - November 4, 2009

What is this?

Share