Oct 29, 2009 11:45 am US/Eastern
Man Uses Weight As Murder Alibi
HACKENSACK, N.J. (AP) ―
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Edward Ates claims he is too fat to have killed his former son-in-law.
CBS
New Jersey prosecutors are trying to portray a Florida man who claims he was too fat to have killed his former son-in-law as a skilled marksman.
Edward Ates, testifying in his own defense, claims he didn't have the energy to accurately shoot Paul Duncsak and make a quick getaway.
But under cross-examination Thursday, Ates admitted he used his revolver to shoot a snake during a road trip around the time of the shooting.
The 62-year-old was 285 pounds when Duncsak was killed in 2006.
Duncsak and Ates' daughter were involved in a bitter custody dispute after their divorce.
A defense attorney says Ates' weight caused asthma, sleep apnea and that any exertion would cause his hands to shake.
(© 2009 The Associated Press. All Rights Reserved. This material may not be published, broadcast, rewritten, or redistributed.)
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