Richard Patterson is on trial for murder. As part of his defense, the Margate man wants to show the jury his penis.
Prosecutors reportedly don’t object, but did say if Patterson is going to show the jury his penis, it should be erect.
There has been no ruling on the May 1 motion in the trial over Francisca Marquinez’s 2015 death in her Margate apartment.
The medical examiner’s autopsy report stated the 60-year-old Marquinez didn’t die from a preexisting condition, her internal organs were in fine shape and her body suffered no trauma. That would be in line with death by asphyxiation. Both the prosecution and defense agree.
Never miss a local story.
Prosector Peter Sapak argues Patterson choked Marquinez with his hands. Defense lawyer Kenneth Padowitz wants to argue she choked to death, but on Patterson’s penis during oral sex.
Padowitz plans to call former Broward Medical Examiner Dr. Ronald Wright to testify that Marquinez’s death, according to Padowitz’s motion, “is consistent with being accidentally sexually asphyxiated during oral sex.”
The motion argues, as a jury can be taken to view a place germane to the case, so should they be allowed to view this part of Patterson’s anatomy to fully understand Wright’s testimony.
The Sun-Sentinel reports that Sapak said, “We did argue that the penis should be erect because the state of the penis, whether it was erect or flaccid, is an issue in this particular case,” Sapak said. “The defense feels that it is not [relevant], and we’ll have to hear the testimony of Dr. Wright to determine if it is.”
The trial began Tuesday.