MARGATE, FL — Lawyers for the Florida man who wants to show his penis to the jury are divided on whether the defendant’s member would need to be erect.
Richard Patterson, 65, is facing second-degree murder charges in connection with the death of his girlfriend Francisca Marquinez. Marquinez, 60, allegedly choked to death while performing oral sex on him in 2015.
The prosecution has reportedly demanded that if shown in his defense, Patterson’s penis must be erect, but the defense attorney is fighting back.
“Do we do it in the back? Do we do it in open court?” assistant state attorney Peter Sapak asked.
“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.”
There’s also the issue of whether Patterson would even be able to achieve an erection impressive enough to convince the jury in such a high-pressure situation when he’s facing a serious sentence.
Instead, defense attorney Ken Padowitz wants to focus on the medical examiner’s testimony in order to help establish that Marquinez’s death “is consistent with being accidentally sexually asphyxiated during oral sex.” Padowitz argues that they need medical experts to weigh in to determine what could feasibly make someone choke to death.
If convicted, Patterson could be sentenced to life in prison.
Main photo: Richard Henry Patterson [Broward County Sheriff’s Office]