Lawyers Ask To Show Man’s Erect Penis In Court To Prove Oral Sex Murder Defense

Another issue has seemingly risen in the case of a Florida man who claims his girlfriend died as a result of rough oral sex: Should the murder “weapon” be entered into evidence “at rest” or “at attention?”

The murder trial of Richard Patterson, 65, began this Tuesday as previously scheduled, as the New York Post notes, despite a May 1 motion to the court requesting for the accused to display his manhood as proof of his innocence, not yet being accepted or denied by the overlooking judge.

Patterson, who is facing life imprisonment on second-degree murder charges in the death of 60-year-old Francisca Marquinez, maintains that a consenting act of fellatio between himself and his former partner led to Marquinez being found dead inside her complex at the Royal Palm Gardens by police in 2015.

“[The accused] admitted from the start that he choked his girlfriend on Oct. 28, 2015,” writers for the Sun Sentinel explained earlier this May, “but never said how [he choked her].”

“How is the defendant going to be erect when the jury views it?" https://t.co/nXfYPi40gW

— New York Post (@nypost) May 18, 2017

Opposing prosecutors in the oral sex murder case are reportedly on-board with Patterson’s counsel team making the questionable request, but the two sides are now are arguing whether the suspect’s private part should be erect if and/or when Patterson is allowed to present his penis to the court.

“Do we do it in the back [or] do we do it in open court,” Peter Sapak, the assistant state attorney, asked jurors.

“How is the defendant going to be erect when the jury views it? Because a flaccid penis, whether it be a picture or the jury actually seeing it, is completely irrelevant. It needs to be erect.”

Ken Padowitz, a member of the plaintiff’s legal team, countered that only licensed medical officials could answer such a hard query about the physical state of Patterson’s penis at the time of Marquinez’s final act.

“[Sapak] is 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.

“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.”

The doctor from Padowitz’s argument, ex-Broward County medical examiner, Dr. Ronald Wright, has been brought on by Padowitz as an expert witness to assist the theory that Marquinez really could have met her end from being “accidentally sexually asphyxiated during oral sex” with Patterson, which would negate the second-degree murder charge.

Man accused of murder asks to show penis to jury in oral-sex choking defense https://t.co/I3a4NIxpnG pic.twitter.com/z8NtGIVWqv

— South Florida Sun Sentinel (@SunSentinel) May 6, 2017

Incidentally, former New York City medical examiner Dr. Michael Baden explained to the Post earlier this month that there is a possibility that Marquinez died just as Patterson says she did, although he would still hold some blame.

“[If a] male compresses the neck vessels of the female [during oral sex] with the idea that they’ll have a better orgasm as the oxygen supply is diminished to the brain, that can lead to death,” Dr. Baden remarked.

“[Also], if there’s obstruction, it’s possible. In order [for someone] 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.”

Nonetheless, Dr. Baden also admitted that he had never once come across an oral sex murder victim in his career.

“I’ve [haven’t] seen it,” he shared, “[but] strange things can happen.”

As for seeing Patterson’s “it,” Padowitz has already offered two images of his client’s genitalia to prosecutors, including one of Patterson’s penis lined next to a normal ruler and another of the older man’s fully-naked body.

The oral sex murder defense was most notably used back in 2009 and 2011 in Brooklyn, NY and the United Kingdom, respectively, as the Inquisitr shared, but both proved unsuccessful.

[Featured Image by Broward Sheriff’s Office]