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A Florida Man Wants To Show A Jury His Penis As Proof His Ex Died Accidentally During Oral Sex

Richard Henry Patterson admitted he choked his ex Francisca Marquinez, but says her death was an due to consensual rough sex.

A Florida man accused of killing his ex-girlfriend wants to enter his penis into evidence to show a jury that his former lover died accidentally during oral sex.

According to the Sun Sentinel, 65-year-old Richard Henry Patterson admitted he choked his girlfriend 60-year-old Francisca Marquinez on Oct. 28, 2015, however, he never said how and now Patterson is asking a judge permission to show his member to the jury to prove Marquinez's death was a mistake.

While the request is odd, Patterson's attorney Ken Padowitz said it's important to his "rough sex" defense, which has been used in several cases across the country. The premise is the victim died accidentally during consensual sex. Medical Examiner Dr. Ronald Wright will hopefully bolster Patterson's case.

“Dr. [Ronald] Wright, an expert witness and former Broward County medical examiner, will testify that … her death is consistent with being accidentally sexually asphyxiated during oral sex,” Padowitz wrote in the motion. “It is material and relevant. The view by the jury is essential for them to fully understand Dr. Wright’s testimony and the defense in this case.”

A Brooklyn Defense Attorney Joyce David who also used a "rough sex" argument doesn't think Patterson has to disrobe to get his point across. "Really, couldn't they just make a mold or something?" David questioned.

If the request is granted, Padowitz asks that only the jury, judge, defendant, prosecuting attorney and defense counsel be present, per a motion filed May 1. “My client is innocent and we are confident when the jury hears the evidence and the scientific evidence in this case, they are going to come back with a verdict of not guilty,” Padowitz said. 

Marquinez's son, Omar Andrade, 41,  said Patterson's defense is just a ploy to get off for killing his mother. "It's totally false," Andrade said. "He's a desperate man trying to avoid being convicted for the crime. He's trying to do anything to not go to jail."

Patterson is charged with second-degree murder for the death of Francisca Marquinez. Jury selection begins in July.

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