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A Man Is Attempting To Use Penis Size As Defense Against Murder Charges

A man who allegedly murdered his girlfriend claims she accidentally choked to death while performing oral sex.

Richard Henry Patterson, 65, of Margate, Florida has requested permission from the judge to show his penis to a jury to support his claim that his girlfriend Francisca Marquinez, 60, choked to death while performing oral sex on him on Oct. 28, 2015.

It seems that Patterson’s defense lawyer filed a motion noting that an expert witness and ex-Broward County medical examiner, Dr. Ronald Wright, will testify that Marquinez’s death is consistent with being “accidentally sexually asphyxiated during oral sex”.

“It is material and relevant,” attorney Ken Padowitz explained in the motion. “The view by the jury is essential for them to fully understand Dr. Wright’s testimony and the defense in this case.”

Dr. Michael Baden—an ex-NYC medical examiner who has undertaken autopsies in numerous high-profile cases – says it is possible to choke to death on a penis, although this is the first time he has heard of this particular cause of death in his 50-year career.

“There’s quite a number of ways that sexual activity can lead to inadvertent deaths, but I’ve never heard of choking on a penis,” Baden remarked.

“That’s up to the jury to decide whether to accept it or not,” Baden said of Patterson’s defense. “I’ve not seen it, that the penis alone will choke somebody to death. However, if there’s obstruction, it’s possible. And in order to choke to death, the penis has to obstruct the windpipe, probably down to the area of thyroid cartilage, or the Adam’s apple, for a period of time.”

Penis sizes vary greatly, Baden commented, and accidental asphyxiation could be possible depending on the size.

“Strange things can happen,” the doctor noted.

Of note, if the judge rejects the request to show the jury the size of Patterson’s penis, Padowitz said he’s likely going to have a mold of his client’s penis made to show the jury.

Source: New York Post
Photo: Broward County Sheriff’s Office

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