A weighty argument

A Dutch lawyer is attempting to get his client out of jail with an unusual argument: he's too tall and fat for his cell.

"He is a giant of a man, there's no way you cannot realize that as soon as you see him," said lawyer Bas Martens, representing the “heavyweight” Angelo M. (Martens’ client) is 2.07 meters (about 6 feet 10 inches) tall and weighs 230 kilograms (500 pounds). He average prison cell is 10 square meter (12 sq. yard).

The prisoner began serving an 18-month sentence for financial fraud in September 2010. Martens sought a court order for Angelo to serve out his sentence under electronically monitored house arrest. He claimed that the prison facilities are too small and so painful that its conditions violate European human rights law. Especially Angelo's bed and the low toilet in his cell would violate his human rights.

"He's not trying to escape his punishment: he suffers pain every day," argued Martens on behalf of his client.

Representatives of the prison in Krimpen aan de IJssel, in the southwest of the Netherlands close to the city of Rotterdam, could not immediately comment. They stated in court that the prison adheres to national standards. Furthermore, all efforts were made to accommodate Mr. Angelo's needs.

However, Martens argued that measures such as extending his bed with a piece of wood and giving him an extra mattress weren't good enough.

According to court spokeswoman Paula Keuning the judges' written ruling is due on Feb. 8, 2011. Then we will learn how the Dutch court weighs this heavy topic.