Florida man tells judge he's too morbidly obese to serve his five-year prison term

James Olivos was sentenced to serve five years in prison and repay $2.8 million for a real estate scam.
By Evan Bleier Follow @itishowitis Contact the Author   |   March 12, 2014 at 11:22 AM

A Florida man sentenced in December to serve five years in prison and repay $2.8 million for taking part in a real estate scam in Seminole County is now saying that he is too heavy to do hard time.

James Olivos told a judge on Tuesday that he is too morbidly obese to go to prison. Olivos, 47, also cited a number of other health concerns including coughing up blood, pain in his feet, and ADHD.

Judge Karla Spaulding accused him of stalling to avoid going to prison but gave him 48 hours to come up with records proving his claims. “I don't see anything that confirms these complaints,” she said in court.

A reporter from WESH-TV caught up to Olivos outside the courthouse.

"Do you still contend you are too morbidly obese to...?" the reporter asked.

"Yes, I am sir. Thank you very much," Olivos responded.

If his claims are found to be false, Olivos could run the risk of being charged with contempt of court or being given a harsher sentence.

"Doing these type of charades can get you in a lot of trouble," said legal analyst Richard Hornsby. "They realize that they suddenly have to pay the piper and that they're going to have to pay for their crimes, and they're trying to get out of it any way they can.”


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