"Fat Defense" Murder Suspect Convicted

Edward Ates (ironic name, yes?), the man who used the "Fat Defense" in his murder trial, has been convicted by a New Jersey jury. Ates had argued he was too obese to commit the murder.

The eight men and four women did not agree. Ates' argument was that at his weight and age (62, 5'8" and 285 lbs. at the time of the murder), he didn't have the energy to accurately shoot Paul Duncsak, 40, from a location on the staircase at Duncsak's home in August 2006. Duncsak had been shot six times at his home in Ramsey, about 25 miles northwest of New York. Ates noted that his weight has led to several ailments, including asthma.

According to the prosecutors, Ates, whose daughter was involved in a custody dispute with Duncsak, drove from Florida to New Jersey, shot and killed Duncsak, then drove 21 hours to his mother's house in Louisiana, prosecutors said.

One piece of evidence against Ates was testimony from Ates' sister, Brenda, in which she admitted that she lied to authorities about when Edward Ates arrived in Louisiana, as he asked her to do. Brenda Ates has already pleaded guilty to hindering prosecution, but is not expected to get prison time when she is sentenced.

The judge in the case, State Superior Court Judge Harry G. Carroll, set sentencing for Dec. 17 and revoked Ates' bail.