Richard Henry Patterson admitted at the beginning of his trial that he choked Francisca Marquinez to death, but his defense is a bit unusual. He claims that he has a massive penis and that she choked to death while performing oral sex. He has asked the judge to let him present his penis as evidence. The medical examiner’s investigation could not determine the exact cause of death but I assume that if he had choked her with his hands or some other object, she would have had clear signs of bruising on the outside of her neck. Patterson’s attorney says the medical examiner will testify that the evidence could support the theory of Death By Blowjob.
He wants the judge’s permission to show the jury his penis to prove his girlfriend choked.
The pensioner from Margate, on the south coast near Fort Lauderdale, has previously admitted choking Marquinez but has so far never publicly said how, the paper reported.
Now his claim has been made, his attorney Ken Padowitz said the size of his manhood is key to his defence when his trial starts.
“Dr. Ronald Wright, an expert witness and former Broward County medical examiner, will testify that … her death is consistent with being accidentally sexually asphyxiated during oral sex,” Padowitz wrote in his motion.
“It is material and relevant. The view by the jury is essential for them to fully understand Dr. Wright’s testimony and the defence in this case.”
The reveal would be done in private, with only the judge, lawyers, a bailiff, the jury and the defendant present.
No hearing date has been set for the motion.
Patterson is charged with second-degree murder, with jury selection scheduled to begin 15 May.
The paper said according to the autopsy, there was no signs of trauma and no bruises on her neck.