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Florida murder suspect: “My girlfriend choked on my big penis”

May 10, 2017  |  Posted by: Francesca Falzarano
Florida murder suspect: “My girlfriend choked on my big penis”

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A man in Florida, who is accused of killing his girlfriend, contends that she inadvertently choked to death while performing oral sex — and the unique defense of the size of his penis may be plausible, a distinguished pathologist and former New York City medical examiner indicated.

Richard Henry Patterson, 65, now wants approval from a judge to support his case by showing his penis to a jury that 60-year-old Francisca Marquinez choked to death while performing oral sex on him back in October 2015.

Patterson’s lawyer argued in a motion filed on May 1st that an expert and former Broward County medical examiner, Dr. Ronald Wright, will testify that the woman’s death is consistent with being “accidentally sexually asphyxiated during oral sex.”

“It is material and relevant,” Ken Padowitz, the man’s lawyer, wrote in the motion. “The view by the jury is essential to fully understand Wright’s testimony and defense.”

Dr. Michael Baden — a former medical examiner in New York City, who has conducted autopsies in several high-profile situations, most recently that of former NFL player Aaron Hernandez — said it’s plausible, albeit it’s one cause of death he hasn’t come across throughout his career of fifty years.

“There’s a number of ways that sexual activity can lead to deaths, but I’ve never heard of choking on a penis,” Baden said in an interview with The New York Post.

Marguinez and Patterson (pictured together) had been dating for only four months before she was found dead in August 2015

More common causes of death during sex includes autoerotic asphyxiation — where people use devices during masturbation to increase orgasms by partly reducing airflow to the brain — and instances where one partner squeezes the neck vessels of another for greater pleasure.

“It’s usually the male who compresses the neck of the female, so they’ll have a better orgasm as the oxygen supply is diminished to the brain,” Baden added.

Baden said he’s even seen instances where a woman died from receiving oral sex after a man breathed air into her vagina, which caused an air embolism. Although he has never heard of the oral-sex choking defense, that doesn’t mean it is impossible. A British man, however, attempted the defense during a murder case in 2011 and is now behind bars for life.

“That’s up to the jury whether to accept it or not,” Baden said of Patterson’s case. “I’ve not seen it, that the penis will choke somebody to death. However, if there’s obstruction, it’s possible. And to choke to death, the penis has to obstruct the windpipe, down to the area of the thyroid cartilage or Adam’s apple, for a period.”

An attorney for murder suspect Richard Patterson, 65 (above), is asking a Florida judge for permission to show his client’s penis to the jury as part of his ‘oral sex’ defense

Penis sizes vary greatly, Baden added, and accidental asphyxiation is possible due to those differences.

No date has been scheduled for a hearing on Patterson’s motion to showcase his penis to the jury. If the judge denies his request, Padowitz said he’s thinking about making a mold of his client’s penis.

Patterson, who has been charged with second-degree murder, contacted his lawyer before Marquinez’s body was recovered and she had been dead for 24 hours when authorities located her body.

An autopsy revealed no signs of trauma but cited that the body was already in the initial stages of decomposition. A conclusion could not be reached regarding the cause and nature of the death

“It is rare that the medical examiner can’t say the manner of death is a homicide,” Padowitz stated.

Padowitz said prosecutors would not have a case if they didn’t have Patterson’s statements to a daughter and friend after Marquinez’s death. In a text after her she was killed, Patterson told his daughter he “did something wrong.” He later told one friend that he “choked” his girlfriend.

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