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Originally published Saturday, November 7, 2009 at 12:07 AM

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Fat defense fails to sway jury in killing

A jury convicted a Florida man Friday of murdering his former son-in-law, rejecting the man's defense that he was too fat to have run up and down a flight of stairs to commit the crime.

HACKENSACK, N.J. — A jury convicted a Florida man Friday of murdering his former son-in-law, rejecting the man's defense that he was too fat to have run up and down a flight of stairs to commit the crime.

Edward Ates was found guilty of murder and weapons counts for shooting Paul Duncsak, 40, who was embroiled in a custody dispute with Ates' daughter at the time of the 2006 slaying.

Ates, 5-feet-8 and 285 pounds, said he didn't have the energy to kill Duncsak.

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