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Murder accused claims girlfriend died after accidentally choking on his penis

Richard Henry Patterson (image via Broward County Sheriff's Office)
Richard Henry Patterson (image via Broward County Sheriff's Office)

A man accused of murdering his girlfriend has claimed she died during oral sex and wants to show the jury his penis as a key piece of evidence.

Richard Henry Patterson, 65, has never denied choking his girlfriend to death but only now has he spoken about how he claims Francisca Marquinez, aged 60, died in October 2015.

The Florida man's legal team has asked that his penis be shown to the jury as part of his defence that Marquinez died during a consensual sex act.

“It’s material and relevant," lawyer Ken Padowitz wrote regarding Patterson's penis. "The view by the jury is essential for them to fully understand Dr Wright’s testimony and the defense in this case.” 

Dr Donald Wright is set to testify that Marquinez' death “is consistent with being accidentally sexually asphyxiated during oral sex”. 

Marquinez’s son, Omar Andrade told the Sun Sentinel that the move was 'desperate'.

“It’s a desperate man trying a desperate tactic," he told the paper. "He’s just trying to get off the hook.”

If the judge grants the request the jury will view Patterson's penis away from public view.

The defence may submit a mould of the penis if the judge refuses to agree to the viewing.