Lawyers in the murder trial of a Florida man who claims he accidentally choked his girlfriend to death while she performed oral sex on him, wants to show the jury his erect penis to prove how large, and dangerous of a weapon it really is.
The trial for Richard Patterson, 65, of Margate, Florida, began on Tuesday, but the judge has not ruled whether he will be allowed to showcase his penis in the courtroom.
Prosecutors reportedly didn’t object, but did say if Patterson is going to show the jury his penis, it should be erect, reports the Miami Herald.
There has been no ruling on the May 1 motion in the trial over Francisca Marquinez’s 2015 death in her Margate apartment.
The medical examiner’s autopsy report stated the 60-year-old Marquinez didn’t die from a preexisting condition, her internal organs were in fine shape and her body suffered no trauma. That would be in line with death by asphyxiation. Both the prosecution and defense agree.
Prosector Peter Sapak argues Patterson choked Marquinez with his hands. Defense lawyer Kenneth Padowitz wants to argue she choked to death, but on Patterson’s penis during oral sex.
The Sun-Sentinel reports that Sapak said, “We did argue that the penis should be erect because the state of the penis, whether it was erect or flaccid, is an issue in this particular case,” Sapak said. “The defense feels that it is not [relevant], and we’ll have to hear the testimony of Dr. Wright to determine if it is.”
Defense attorney Ken Padowitz reportedly slammed the prosecution’s argument.
“He’s telling the court, as if he’s a medical expert in his argument, that it matters whether the penis is erect or not,” Padowitz said. “But he’s merely speculating here since he’s never asked that question to Dr. Wright in definition, and he doesn’t, obviously, know, actually, what the expert opinion is what is needed or not needed in order for a human being to choke.”
To further complicate the investigation, Associate Broward Medical Examiner Iouri Boiko, said he could not tell for sure how she died “because her body, especially around the face and neck, was so badly decomposed that any bruising would have been obscured.”
Boilko testified for the prosecution that a penis would have to be lodged far enough down a person’s throat to prevent someone from breathing. Boiko said it “would take two to three minutes for someone to die that way, so a sign of struggle would be obvious.”
“If she cannot breathe, she usually start to kicking, biting or to do something to prevent this blocking of the airway, try to open this airway,” Boiko testified. “It’s (a) normal reaction of any person.”