A Florida man claims that his girlfriend asphyxiated while performing oral sex on him, and wants to show a judge and jury the supposed murder “weapon,” as proof of his innocence.
Margate resident Richard Henry Patterson, 65, reportedly made the ballsy request on May 1, according to Metro, during early deliberations in the second-degree murder case of Francisca Marquinez, Patterson’s 60-year-old girlfriend, who was discovered dead inside of her home in October of 2015.
Since that time, Patterson has owned the fact that Francisca died by his own actions, but stated that it was literally never by his own hand.
“[The accused] admitted from the start that he choked his girlfriend on Oct. 28, 2015,” the Sun Sentinel details, “but he never said how.”
Patterson’s attorney, Ken Padowitz, is noted as making the strange bedfellow-type of request on behalf of his client, and says that it could be the biggest defense in helping Patterson beat his murder rap.
“While his [disrobing] request is unusual,” the Sun Sentinel goes on to say of Patterson’s oral sex excuse, “Padowitz says that it is key to his argument, which he called a variation on the ‘rough sex’ defense that has been used in numerous [murder] trials across the country over the years.”
However, as one might suspect, the consensual sex move rarely works in getting criminals off — legally speaking, that is.
Defense lawyer Joyce David, a Brooklyn-based attorney who used an alternate take of the controversial legal maneuver that Patterson is now looking to use, remarked that the true battle of using such a defense is to stand by it wholeheartedly, even when the assumed backlash is at a fever pitch.
“The backlash is something you need to get in front of during the jury selection process,” she admitted.
Nonetheless, despite her confidence, David also acknowledged that it worked just as well for her as it did with others who played the tricky hand, so to speak, in the sense that it didn’t help them much at all.
“David’s client in a 2009 case was accused of raping a woman and killing her. The defense was that the woman died during rough sex play with someone else [and] that her client had nothing to do with it. The jury rejected her argument.”
If the mature-themed claim from Patterson is accepted, then his nude act will purportedly take place in what Padowitz says is the most intimate of settings, with only a handful of necessary voyeurs in attendance.
“Padowitz requested that it happen [somewhere] outside of public view,” the court decree notes, “with only Broward Circuit Judge Michael Ian Rothschild, lawyers, a bailiff, the jury and [Patterson] present.”
Marquinez’s son, on the other hand, sees the push to put Patterson’s penis into the open as being completely unnecessary.
“It’s a desperate man trying a desperate tactic,” Omar Andrade, 41, of New York, tells the Sun Sentinel.
“He’s just trying to get off the hook [of my mother’s death].”
Incidentally, a neighbor from Martinez’s Royal Palm Garden complex, Eddie Pathik, relayed a tale from his Portuguese-speaking wife that may destroy Patterson’s supposed oral sex murder defense.
“Two days before she died, they were arguing, shouting at each other,” Mrs. Pathik proclaimed.
“She was trying to break off the relationship.”
Additionally, once Martinez was said to have died, Patterson apparently reached out to Padowitz, his lawyer, first before being told by his counsel to reach out to police.
Judge Rothschild has until May 15, the start of Patterson’s trial, to accept the defendant’s request that oral sex may have murdered Ms. Marquinez and, by association, allow Patterson to publicly provide a glimpse of his private parts.
[Featured Image by Broward Sheriff’s Office]