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SEMINOLE COUNTY, Fla. - A Florida man says he's too morbidly obese to go to prison. The judge accused him of stalling to avoid punishment in a multi-million dollar mortgage fraud scheme.

James Olivos, 47, came to court talking tough and claiming to WESH-TV that he can only be treated for morbid obesity outside of federal prison.

"There's going to be professional people that are going to be indicted for information that, uhh...let's say they should not have been given," said Olivos.

Reporter: "Do you still contend you are too morbidly obese to--"

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

In court, Olivos had a litany of medical reasons why he missed dates to surrender to prison, including coughing up blood, pain in his feet, and ADHD, for which he took Ritalin at 15.

Obviously angry magistrate Karla Spaulding accused him of stalling to avoid prison, saying "I don't see anything that confirms these complaints."

"Doing these type of charades can get you in a lot of trouble," said legal analyst Richard Hornsby.

Hornsby says it's common for criminals to try to stall or talk their way out of the consequences of their actions.

"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," he said.

Olivos was sentenced in December to serve five years in prison and repay $2.8 million in a Seminole County mortgage fraud scheme. He has 48 hours to produce the records.

Judge Spalding said the only reason why she did not have him arrested on the spot Tuesday is that she was not the judge who actually sentenced him.

Meanwhile, Hornsby says that he runs the risk of potential contempt of court charges or having to serve harder time if the judge finally realizes or comes to the conclusion he is fudging the truth.

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