A 416-pound robbery suspect has been granted a new trial because of the lack of 400 pound guys in the city. An appeals court judge ruled that the lineup he was picked out of was unfair because all the other guys were just too skinny. "Although the fillers were large men, there was a very noticeable weight difference between defendant and the fillers," said the judge.
Eric Kenley, the round robbery suspect in question, was apparently the getaway car driver in two robberies in lower Manhattan, and is currently serving a 12 to 15 year sentence. However, now that the appeals court has granted him a new trial, he has a shot at beating the rap.
The judge understands the hardships facing police when finding someone of Kenley's girth, stating, "We do not mean to suggest that the police are obligated to find grossly overweight fillers when dealing with the situation presented here, and we recognize the difficulties that would be involved in doing so." Wow — "grossly overweight?" Poor guy is even catching flack from a judge.
We know New Yorkers are obsessed with being healthy, but someone needs to step up and help the judicial system.
