Edward Ates is on trial for murdering his son-in-law. His attorneys are claiming he couldn’t have committed the murder because he is too fat to have killed Paul Duncsak. Is this a valid defense for murder? Can you be in such bad physical shape that you can’t commit a crime?
A New Jersey jury is going to have to weight in on whether or not obesity is a proper defense in a murder trial. Edward Ates is on trial for murdering his son-in-law in New Jersey in August 2006. The defense strategy is to show that Ates could not have physically pulled of the crime because of his weight. His physical condition would have made it impossible for him to have accomplished the physical labor necessary for him to have done what he is accused of doing.
Ates had motive to kill his son-in-law. Sophia Duncsak, the victim’s mother, told investigators that Ates had been out for revenge against her son since 2003 when Duncsak had refused to give him $250,000 to help him keep his failing Okeechobee, Florida golf course solvent. In addition, Ates’ daughter, Stacey, had divorced Duncsak in 2005 and the two were embroiled in a nasty custody battle at the time of the murder. Duncsak was a 40-year-old pharmaceutical executive at the time of his death.
To begin with, Ates would have had to have driven from his home in Fort Pierce, Florida, to Duncsak’s $1.1 million home in Ramsey, New Jersey. Whoever killed Duncsak had laid in wait for him in his home. When he arrived home, the killer shot him from a staircase that lead down into the basement. The killer then moved up the stairs and in front of the victim and shot him again. Duncsak was shot a total of six times. Since Duncsak was on his cell phone with his girlfriend at the time of the murder, she called police and they arrived on the scene within minutes. The killer would have had to been able to pick up shell casings and get out of the house quickly since he wasn’t there when police arrived. He left almost no physical evidence behind. In addition. Ates was arrested 24-hours later at his mother’s home in Sibley, Louisiana, a 21-hour drive from the crime scene.
The question in front of the jury is whether or not the 62-year-old, 5′ 8″, 285 pound Edward Ates could have physically committed the crime. He suffers from a number of obesity related illnesses that would further hamper his physical ability to commit murder.
The prosecution say they have a strong case, even though there is very little physical evidence. The case against Ates is built around cell phone and computer records. The defense says that’s not enough. However, the defense is concerned that Ates has lost about 40 pounds since he’s been incarcerated. They say the more weight he loses the more difficult it is for the jury to have an image of how his obesity would interfere with his ability to commit the crime.
So, will obesity be a new line of defense against murder? Was Edward Ates too fat to kill Paul Duncsak?
October 31st, 2009 at 4:54 am
Nice try, fatso! When the adrenaline kicks in of a grandfather’s rage, weight won’t matter. Have you never heard of the mother who can lift a car off of her child? This dip would have been better off pleading temporary insanity. Now that I’d believe.
October 31st, 2009 at 10:41 am
[...] be a new line of defense against murder? Was Edward Ates too fat to kill Paul Duncsak? Source: Edward Ates, Too Fat to Kill Paul Duncsak? (Photo) Right Juris __________________ ***Doggie Bag Online - Not Just Leftovers Anymore (Forums for the devoted [...]
November 8th, 2009 at 3:16 pm
[...] the “fat defense” trial, Ates’ attorneys argued that it was impossible for him to commit the crime in this fashion because of his physical stature and health. The [...]