A 65-year-old Florida man accused of murdering his girlfriend is asking to be allowed to show the jury his penis as proof that she died by choking while performing oral sex.

Richard Henry Patterson of Margate in Broward County, Florida, United States admitted from the start that he choked his girlfriend, Francisca Marquinez, 60, on Oct. 28, 2015, after she was found dead in her bedroom, but he never said how.
Patterson told his daughter in a text message that he “did something bad.” He later told a friend, “I
choked her. I choked Francisca.”
He has now filed a motion to ask the judge to allow him to show his penis to the jury to prove that Marquinez died while giving oral sex. In the motion, Patterson names former Broward County medical examiner, Dr. Ronald Wright, as an expert witness who can testify that Marquinez’s death was caused by “accidentally sexually asphyxiated during oral sex."

Though his request is unusual, Patterson’s attorney Ken Padowitz said it is key to his argument. and could prove that 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. 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.” Padowitz wrote in the motion.
If Patterson's request is granted and he is allowed to show his male member to the Jury, it will happen outside of public view according to Patterson's request. Only Broward Circuit Judge Michael Ian Rothschild, lawyers, a bailiff, the jury and the defendant present,  are expected to be present according to the motion filed on May 1.

Meanwhile, the victim's son, Omar Andrade, 41, has criticized Patterson's strategy and said he was just a desperate man trying anything to get off the hook. The victim’s son criticized the defense strategy. He described his mother as kind, friendly and independent and said he met Patterson not more than twice while he was dating his mother. but thought nothing about him. Marquinez’s neighbors in Margate’s Royal Palm Garden community, Eddie and Christianne Pathik, said Marquinez was unhappy in her relationship with Patterson.
“Two days before she died, they were arguing, shouting at each other,” Eddie Pathik said, translating for his Portuguese-speaking wife. “She was trying to break off the relationship.”
No hearing date has been set for the motion, and the Broward State Attorney’s Office has declined to comment about the case. Patterson is charged with second-degree murder, with jury selection scheduled to begin May 15.

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