Richard Henry Patterson of Broward County, Florida, wants a jury to believe that his girlfriend choked to death while she was performing a sex act on him. Now, in order to prove his innocence, Patterson is asking the judge to let the jury see one piece of “evidence” that he believes will exonerate him.
According to Mirror, Patterson is on trial for the 2015 death of his late girlfriend Francisca Marquinez who he claims choked to death while performing oral sex on him. Patterson is now reportedly asking the judge to allow the jury to see his penis, to prove that Marquinez’s death was caused by his enormous size and not by foul play.
The 65-year-old suspect from Margate, Florida, admitted from the beginning that he choked his 60-year-old girlfriend to death on October 28, 2015. However, up until now, he never told the court how exactly he did it.
According to the Sun Sentinel, Patterson’s attorney Ken Padowitz said that while his client’s request to show the jury his manhood is unusual, it is the key to his defense. Patterson and his attorney are employing a variation of the “rough sex” defense, which has been used in several trials around the country in the past. The premise of their argument, which often fails to convince juries, is similar to other “rough sex” defense cases, claiming that the victim’s death was an accident which occurred during consensual sexual activity.
In a motion to the court Padowitz wrote, “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.” He added, “It is material and relevant. The view by the jury is essential for them to fully understand Dr. Wright’s testimony and the defense in this case.”
If Patterson gets the judge’s permission to show the jury his “murder weapon,” it will happen behind closed doors out of public view. The only people who would be present for the special viewing would be Broward Circuit Judge Michael Ian Rothschild, lawyers, a bailiff, the jury, and, of course, Patterson. The motion to allow Patterson to drop his pants in front of the jury was filed on May 1st.
Padowitz is reportedly considering asking the judge if a mold can be made of Patterson’s penis if his request for a live viewing is rejected. According to arrest records, Patterson called his attorney before the police were called. Padowitz called the police and asked them to conduct a search of the victim’s apartment during which her body was found. The medical examiner in the case testified that she had been dead between 8 and 24 hours.
The autopsy report showed that Marquinez’s body had no signs of trauma and there were no bruises on her neck to indicate she had been strangled. The report did, however, show that the body was in an early stage of decomposition and that it would be more difficult to detect bruising at that point. The medical examiner was not able to reach a definitive conclusion about the cause and manner of death.
“It is rare in a murder case that the medical examiner can’t say the manner of death is a homicide,” Padowitz said. Padowitz also noted that without Patterson’s statements to a daughter and a friend, the prosecution would not have a case against his client. Patterson sent a text to his daughter saying he “did something bad.” In addition to that suspicious text, Patterson later confessed to a friend, “I choked her. I choked Francisca.” Still, Padowitz maintains his client’s innocence. “He said he choked her,” said Padowitz. “He never said he strangled her.”
At this point, jury members may want to try getting out of their civic duty by any means necessary. Perhaps they could claim a financial hardship or step in front of a bus to avoid seeing Patterson’s package. For goodness sake, the man already killed a woman with his penis, and now, he wants a jury to see it in order to prove it’s too big for non-life threatening oral sex. This case is just a good reminder of what a sick world we live in and how perverse some people have become. Seriously, I don’t see any remorse or personal responsibility here. “My penis killed her” is not a good defense by any stretch of the imagination.