Convicted Florida real estate scammer James Olivos is claiming he’s too fat for prison.
Olivos, who pleaded guilty in December to running a multimillion-dollar real estate scam, said he can’t serve his five-year prison sentence because he can’t get the correct treatment for his morbid obesity behind bars, Orlando NBC affiliate WESH reported Wednesday.
When asked by a reporter if he believes he’s too morbidly obese for prison, Olivos responded, “Yes, I am sir. Thank you very much.”
But a Florida judge isn’t buying Olivos’ too-fat-for-prison excuse. She’s giving the convicted real estate scammer 48 hours to provide the court medical records. She said she wouldn’t arrested Olivos when he appeared for court Wednesday but didn’t because she wasn’t the judge who sentenced him.
Besides obesity, Olivos also claims he suffers from rectal bleeding, ADHD, foot pain and is coughing up blood. But the judge said Olivos is just “stalling to avoid prison,” according to WESH.
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"I don't see anything that confirms these complaints," the judge said.
Olivos was sentenced in December to serve five years in prison. He was supposed to appear in court three times to surrender, but failed to show up. A legal analyst told WESH that using stalling tactics is a common practice for convicted criminals.
"Doing these kinds of things can get you in trouble even if you think it can't," said WESH legal analyst Richard Hornsby.