Richard Henry Patterson, a Florida man charged with murder in the asphyxiation death of his 60-year-old girlfriend, is claiming that his girlfriend was choked by his “outsized male anatomy.” Patterson now wants to enter his genitals into evidence.
Patterson, 65, of Margate, Florida, was arrested in November 2015 on a charge of second-degree murder for allegedly choking 60-year-old Francisca Marquinez to death. Patterson never denied the accusation, however, he has maintained that his girlfriend accidentally choked on his large penis while she was performing oral sex.
Patterson’s lawyer, Ken Padowitz, claims that the jury must take into account his client’s penis as an accidental murder weapon.
while his request is unusual, Patterson’s attorney Ken Padowitz said it is key to his argument, which he called a variation on the “rough sex” defense that has been used in numerous trials across the country over the years. The heart of the argument, which is not often successful, is similar in each case: The victim died by accident while engaged in consensual sexual activity.
“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 the motion. “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.”
Wright was Broward’s chief medical examiner from 1980 until 1994. Since then he has testified in hundreds of cases, usually for the defense in criminal cases. He declined to comment Friday.
Padowitz contacted police and told them to search the victim’s apartment. Once inside, police found the body. Marquinez had already been dead for between eight and 24 hours.
According to the autopsy, Marquinez showed no signs of trauma, as there were no bruises on her neck, however, the autopsy also notes that the body was in an early stage of decomposition, making bruising more difficult to detect with certainty.
The medical examiner was unable to reach a definitive conclusion about the cause and manner of death.