Defense says man is too fat to be killer

HACKENSACK, N.J. (AP) — A man accused of running up and down a flight of stairs to kill a former son-in-law is offering a novel defense: At 5 feet 8 and 285 pounds, he was just too fat to have pulled it off.

An attorney for Edward Ates is making the case that his client wouldn't have had the energy needed to fatally shoot Paul Duncsak, a 40-year-old pharmaceutical executive, from a perch on the staircase.

Lawyer Walter Lesnevich claims that Ates, 62 at the time of the 2006 killing, was in such bad physical shape that he couldn't have pulled off the shooting or the fast getaway the killer made.

Lesnevich said his client's weight has led to asthma, sleep apnea and other obesity-related ailments.