MIAMI, FL (WCMH) — A man is facing murder charges in the death of his girlfriend, but his lawyer says she died because of the size of his client’s “exceptional prowess” during oral sex.

According to WTVJ, Richard Patterson, 65, is accused of killing his girlfriend, Francisca Marquinez, 60, during sex. He’s facing second degree murder charges in part, prosecutors say, because he didn’t call 911 right away.

The state argues that Patterson strangled the woman to death, but defense attorney Ken Padowitz says the death was an accident. He plans to call a former medical examiner to the stand as an expert witness to show Marquinez’ death “is consistent with being accidentally sexually asphyxiated during oral sex.”

Patterson’s lawyer also wants the jury to see his client’s genitalia to better explain his defense, WPLG reports. Both sides debated Monday whether Patterson’s penis would be flaccid or erect if and when it was presented to the jury.

“Do we do it in the back? Do we do it in open court?” Assistant state attorney Peter Sapak asked. “How is the defendant going to be erect when the jury views it?”

The judge has not yet made a decision over what will be shown during the trial.