Summary: A South Florida man is trying to have his penis entered as evidence during trial so that jurors can see that its size could suffocate someone during oral sex.
Jurors in a South Florida trial may get to see more than they were bargaining for. The murder trial for 65-year-old Richard Patterson is deciding if his penis can be displayed as evidence or not. Jurors heard from an ex-girlfriend, the defendant’s daughter, and a crime scene investigator. Patterson, of Margate, is accused of choking his girlfriend, 60-year-old Francisca Marquinez, to death in 2015.
Patterson’s attorney is arguing for the admittance of his client’s penis on display for the jury to see to back up their argument that Marquinez died accidentally during oral sex. Patterson’s attorney, Ken Padowitz, is trying to convince the Broward County judge to allow the jury to see his penis as a way of proving their version of the incident.
Padowitz is facing a tough battle in court so being able to visually convince the jury is their best shot at a not guilty verdict. Margate police crime scene technician Jennifer Briere testified Wednesday about the condition of Marquinez’s body when she examined it. She said, “She was already starting to decompose.” She further explained that the bathroom next to the bedroom was in complete disarray.
Jury members also heard from a former girlfriend of Patterson. A few days after Marquinez’s death, he reached out to her in what ended up being a wiretapped conversation. His ex-girlfriend Holly Graff could be heard asking in the conversation, “Were you arguing?” His response, “Holly, it doesn’t matter what happened, I’m not telling you what happened because you don’t need to know. Period.” Graff continued in her testimony to talk about their conversation saying, “He told me that the police were there in the middle of the night and took DNA and looked at his body.”
Patterson’s daughter Amanda Schneider also testified during the trial to discuss a text message she received from her dad a few days after the incident. She read the text aloud to the jurors, stating, “Your dad did something really bad last night. I’m so, so sorry.” When she asked him to explain, he never responded.
The debate into whether his penis can be presented and where continues. Judge Lisa Porter heard arguments from Padowitz and assistant state attorney Peter Sapak before jury selection about if Patterson’s penis would be erect or limp if presented. Sapak asked, “Do we do it in the back? Do we do it in open court? 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.”
Padowitz attacked Sapak’s argument on whether a flaccid penis was relevant saying, “He’s telling the court, as if he’s a medical expect in his argument, that it matters whether the penis is erect or not. But 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.”
Padowitz intends to call Dr. Ronald Wright, former Broward County medical examiner as an expert witness. He believes Wright can testify that Marquinez’s death “is consistent with being accidentally sexually asphyxiated during oral sex.” Patterson’s penis has not been measured by Wright but photographs have been given to the prosecutors. One photo has his penis next to a tape measure, another photo shows a naked frontal view of Patterson with his penis exposed.
Do you think it matters if the penis is erect of flaccid to determine if its girth is large enough to choke someone? Tell us your thoughts in the comments below.
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- 5.8 Inches and Greater Brings More Orgasms
Photo: flickr.com