A man who is claiming that he accidentally killed his girlfriend as a result of oral sex has requested to show his penis to the jury as proof.
Richard Henry Patterson, 65, is accused of murdering 60-year-old Francisca Marquinez in her bedroom in October 2015.
He says that her death was the result of choking during oral sex.
Patterson, from south coast near Fort Lauderdale, did admit to a friend: "I choked her. I choked Francisca." However his lawyer, Ken Padowitz, pointed out: "He said he choked her. He never said he strangled her."
Credit: Broward County Sheriff's Office
He texted the same friend, saying: "My meds are making me crazy and I can't function thank you though." Followed by another that read: "If I need to come to your house I will drive. I need time to think. I did something terrible."
Padowitz wrote a motion on May 1 that included the words: "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,
"It is material and relevant. The view by the jury is essential for them to fully understand Dr. Wright's testimony and the defence in this case."
He adds that her autopsy did not show any signs of trauma or bruises to her neck. However, her body was in the early stages of decomposition. This was because she had been dead 'for about eight to 24 hours before detectives discovered her on a bed, her body covered by a sheet' reports local paper, Sun Sentinel. Patterson had informed his lawyer, Padowitz, of Marquinez's death and his lawyer had contacted police.
The medical examiner couldn't reach a definitive conclusion regarding the cause and manner of Marquinez's death.
Apparently, after Marquinez's death Patterson text his daughter saying: "Your dad did something really bad last night and I'm so so sorry."
He also rang her and said that 'something terrible had happened' and that he 'couldn't go on'.
According to his arrest warrant, a police-recorded conversation in his friend's car heard him say: "I caused it, I'm gonna go to jail."
He continued: "How do you think I feel, I'm here and she's six feet under."
Marquinez's son, Omar Andrade, 41, who lives in New York, said: "It's a desperate man trying a desperate tactic,
"He's just trying to get off the hook."
The Mirror reports that if his request to show his penis is allowed, it would be done in private with only the judge, lawyers, a bailiff, the jury and the defendant present.
Patterson is charged with second-degree murder and jury selection is expected to take place in around a week.