65-year-old Richard Henry Patterson of Margate has been accused of killing his girlfriend, 60-year-old Francisca Marquinez and has been charged with second-degree murder. He has asked to reveal his penis as evidence at his trial.
Patterson admits to choking his girlfriend to death on October 28, 2015, but previously didn’t say how. However, now as the trial nears, Patterson says it happened accidentally during rough oral sex. He now wants to enter his penis into evidence at the trial to prove his point. As reported by New York Daily News, Patterson wants to reveal the extent of his manhood to the jury to prove his girlfriend’s death was accidental.
Victim ‘accidentally’ asphyxiated during oral sex with Florida murder suspect
Ken Padowitz, the attorney acting for Patterson, said his client’s penis is a major factor in his “rough sex” defense, in which he hopes to show that Marquinez’s death was accidental, while the pair was engaged in consensual sex. One of the defense’s expert witnesses is Dr. Ronald Wright, the former Broward County Medical Examiner. Wright will testify that the death shows all the signs of being accidentally asphyxiated while participating in oral sex. Padowitz agrees that showing Patterson’s penis is vital to ensure the jury’s understanding of Patterson’s defense.
Presenting Exhibit D --> Murder suspect tries big-penis defense – and it might work https://t.co/71XhdyCwin via @nypost
— RossKennethUrken (@RossKUrken) May 10, 2017
Padowitz said in the motion filed on May 1 that even though the object to be placed in evidence is part of the human anatomy, it is relevant and material to the case.
Padowitz has, however, requested that this happen outside of public view, with only the judge, Patterson, the prosecuting and defense counsels and the jury present.
The Sun Sentinel spoke to Joyce David, a Brooklyn defense attorney, who has used a different variation on the rough sex defense in the past. David isn’t convinced Patterson needs to show his penis to the jury.
She said to the newspaper, "Couldn’t they make a mold of it instead?"
Ah, but will it stand up in court? https://t.co/RISPJgCGEl
— Dan Leaphard (@Def_Leaphard) May 10, 2017
Speaking to the New York Daily News, Padowitz said his client is innocent and they are confident that when the jury sees and hears the evidence, they will come back with a not guilty verdict.
Jury selection is set to begin on Monday.
Marquinez’s son says the Florida murder suspect is desperate
On the other side of the case, Omar Andrade, 41, is Marquinez’s son. Andrade is calling Wright’s request a “desperate” line of defense. He said Wright is a desperate man doing anything to avoid being convicted and jailed for his crime. Andrade went on to say his mother was a “loving” and overall “great person” who had no problems in her life to warrant something like this happening to her.