Man hopes to prove girlfriend choked to death during oral sex

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 A Florida man accused of murdering his girlfriend wants to enter his penis into evidence in an oral sex death trial.

Richard Henry Patterson, 65, has admitted he choked his girlfriend, Francisca Marquinez, 60, to death on Oct. 28, 2015, but claims it happened accidentally during oral sex, The Sun Sentinel reported.

He’s now seeking a judge’s permission to show the jury his penis — to prove her death was a mistake.

Patterson’s attorney, Ken Padowitz, said his client’s member figures prominently in his “rough sex” defense, which hinges on the argument that Marquinez died accidentally, while engaging in consensual sexual activity.

Padowitz has enlisted expert witness and former Broward County Medical Examiner Dr. Ronald Wright to testify that Marquinez’s death “is consistent with being accidentally sexually asphyxiated during oral sex,” the motion said.

He insists that a viewing of Patterson’s penis is integral to the jury understanding Wright’s argument.


“Although the object to be viewed is not a place but a part of the human anatomy, it is material and relevant, the view by the jury is essential for them to fully understand the Dr. Wright’s testimony and the defense in this case.”

Brooklyn defense lawyer Joyce David, who has used a variation of the rough sex defense in court, isn’t convinced that Patterson needs to disrobe in front of a jury. “Really, couldn’t they just make a mold or something?” she told The Sun Sentinel.

Padowitz has requested the the disrobing take place outside of public view, with only the jury, judge, defendant, prosecuting attorney and defense counsel present, according to the 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 told the Daily News.

Marquinez’s son, Omar Andrade, 41, is calling it a “desperate” line of defense.

“It’s totally false. He’s a desperate man trying to avoid being convicted for the crime,” he told the Daily News. “He’s trying to do anything to not go to jail.”

Andrade described his mother as “loving” and “a great person overall.”

“She had no problems in her personal life or anything else to warrant anything like what happened to her,” he said.

Patterson is charged with second-degree murder. Jury selection will begin Monday.


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Well, if nothing else he's creative :rofl:

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His defense is not to far fetched.   People have died before due to rough sex.  Tho I would think that it would have been obvious she was...umm...choking.

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4 hours ago, techbeck said:

His defense is not to far fetched.   People have died before due to rough sex.  Tho I would think that it would have been obvious she was...umm...choking.

Unless of course she was into that... then maybe it wouldn't be so obvious.

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  • 3 years later...
+Dick Montage
On 10/05/2017 at 03:50, techbeck said:

People have died before due to rough sex. 

There's been a recent legal change in the UK that now deems that "rough consentual sex" cannot be used to represent a defence in a cause of death.


All jokes aside, this is a troubling stance to take.  For example, I have had to take an ex to A&E because she knocked herself out on a headboard (then again the dappy mare also knocked herself out opening a car door).  Had she done further damage, I could have been liable for her death.


I've known women who enjoy BDSM and I've indulged.  Choking and so on.  Accidents can and will happen - I feel that making a direct case that "rough consentual sex" is not recognised as a valid activity is dangerous.

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Murder suspect who used big-penis defense found not guilty


The Florida man who claimed his girlfriend choked to death during oral sex was found not guilty of second-degree murder Monday.


Richard Patterson, 65, of Margate, was acquitted of killing 60-year-old girlfriend Francisca Marquinez in 2015 after a week-long trial, according to the Sun Sentinel.


“That’s not the way she died,” defense lawyer Ken Padowitz said. “But that’s the way Richard Patterson thought she died.”


Instead, the defense argued that there was no way of knowing how she died. Medical examiners never determined the cause of death because Marquinez’s body was too decomposed.


“They still don’t know how she died,” said Padowitz, according to the Sun Sentinel.


The jury spent five hours deliberating before reaching a verdict.


If Patterson had been convicted, he would have faced life in prison.


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