Too Fat To Kill - My9 New Jersey

Too Fat To Kill

Posted: Updated:
Hackensack, New Jersey (My9NJ) - Ed Ates made headlines when his defense attorney suggested he was simply too overweight and too weak to murder his daughter’s ex-husband, Paul Duncsak. Ates was convicted of waiting in the basement stairwell of Duncsak’s Ramsey, New Jersey home where he jumped up several stairs, fired 7 shots with a pistol without missing, and then drove over 21 hours to Louisiana within the next 24 hours.

Well, according to his attorney, Walter Lesnevich, that simply wasn’t possible for Ates because of his physical condition.

“Mr Ates was 60, 5’8, 300 pounds, with asthma, grossly obese, terrible shape,” he said.

Ates was convicted based on three pieces of circumstantial evidence as well as a wiretapped phone call. Lesnevich claims that the circumstantial evidence would not have been enough to convict his client on their own. These included the fact that Ates had purchased a lock picking set, and the victim’s home lock was picked. In addition, he purchased information on how to make a silencer, and there was a silencer used in the murder. And lastly, he purchased a book on “how to commit the perfect murder”.

Lesnevich feels the only piece of damning evidence was a wiretapped phone call between Ates and his sister. In the phone call, Ates allegedly asked his sister to corroborate his alibi. Ates was on his cell phone in Florida during the phone call, and his sister was in Louisiana. The prosecutor obtained a warrant from a NJ judge and tapped into the phones from NJ.

The NJ wiretapping law allows you to wiretap anyone, anywhere in the country who is on a cell phone, as long as the person wiretapping the call is in NJ, and as long as you have the appropriate warrant.

“That means they can wiretap anybody talking to anyone anywhere,” Lesnevich said,

Lesnevich believes this practice is unconstitutional and against our 4th amendment rights which protects us from unreasonable search and seizure.

“I think it’s unreasonable to say that when I’m in my home a judge from some other state can control whether I’m wiretapped or not,” Lesnevich argued.

The NJ Supreme Court agreed to hear his appeal based on this. On Tuesday, Lesnevich will present an oral argument that affirms the wiretapped conversation of his client should not have been admissible evidence, and that his client deserves a new trial.

Ates is now serving time for the rest of his life in maximum security Trenton State Prison, but has always maintained his innocence.


Watch Chasing New Jersey weeknights at 10pm on My9 and don’t forget to like us on Facebook!

  • Chasing New JerseyMore>>

  • WWOR's "Chasing New Jersey" Gets State Recognition

    WWOR's "Chasing New Jersey" Gets State Recognition

    Thursday, April 17 2014 3:53 PM EDT2014-04-17 19:53:15 GMT
    Chasing New JerseyChasing New Jersey
    New Jersey’s General Assembly honored WWOR’s Chasing New Jersey on the occasion of its 200th episode, which aired April 11, 2014, TV News Check reported.
    New Jersey’s General Assembly honored WWOR’s Chasing New Jersey on the occasion of its 200th episode, which aired April 11, 2014, TV News Check reported.
  • Radioactive Material Found Inside Sparta, NJ Home

    Radioactive Material Found Inside Sparta, NJ Home

    Thursday, April 17 2014 11:12 AM EDT2014-04-17 15:12:23 GMT
    Law enforcement officials say they found radioactive material inside the Sparta, New Jersey home of Joseph Gibeau. Sergeant John Paul Beebe said that they knew this was radioactive material because the containers were painted yellow and displayed a “tri-foil” decal which is the international symbol for radioactive material.
    Law enforcement officials say they found radioactive material inside the Sparta, New Jersey home of Joseph Gibeau. Sergeant John Paul Beebe said that they knew this was radioactive material because the containers were painted yellow and displayed a “tri-foil” decal which is the international symbol for radioactive material.
  • New Jersey Roller Derby Workout

    New Jersey Roller Derby Workout

    Thursday, April 17 2014 11:10 AM EDT2014-04-17 15:10:05 GMT
    Calling all adrenaline junkies! New Jersey’s Roller Derby league may be just what you need if you’re looking for a new workout and aren’t afraid of getting knocked down at high speeds. Derby diva Barbi Gnecco discussed what the league is all about and how intense the game can get out on the rink.
    Calling all adrenaline junkies! New Jersey’s Roller Derby league may be just what you need if you’re looking for a new workout and aren’t afraid of getting knocked down at high speeds. Derby diva Barbi Gnecco discussed what the league is all about and how intense the game can get out on the rink.
Powered by WorldNow
Didn't find what you were looking for?
All content © Copyright 2000 - 2014 Fox Television Stations, Inc. and Worldnow. All Rights Reserved.
Privacy Policy | Terms of Service | Ad Choices