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A man is asking to show a murder jury his PENIS to prove his girlfriend CHOKED to death during oral sex.

A judge in Florida is considering whether to grant Richard Henry Patterson’s request.

The local Sun Sentinel newspaper reports he is accused of murdering his girlfriend in her bedroom.

Patterson, 65, claimed the death of Francisca Marquinez, 60, in October 2015 was an accident when she choked while performing oral sex.

He wants the judge’s permission to show the jury his penis to prove his girlfriend choked.

The pensioner from Margate, on the south coast near Fort Lauderdale, has previously admitted choking Marquinez but has so far never publicly said how, the paper reported.

Now his claim has been made, his attorney Ken Padowitz said the size of his manhood is key to his defence when his trial starts.

“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,” Padowitz wrote in his motion.

(Image: Chris Murphy)

“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.”

The reveal would be done in private, with only the judge, lawyers, a bailiff, the jury and the defendant present.

No hearing date has been set for the motion.

Patterson is charged with second-degree murder, with jury selection scheduled to begin 15 May.

The paper said according to the autopsy, there was no signs of trauma and no bruises on her neck.

But the medical examination did show body was in an early stage of decomposition, making some bruising more difficult to detect with certainty. The medical examiner was unable to reach a definitive conclusion about the cause and manner of death.

Padowitz said: “It is rare in a murder case that the medical examiner can’t say the manner of death is a homicide”.

At the time of the death, Patterson had told his daughter in a text message that he “did something bad”.

And he later allegedly told a friend “I choked her. I choked Francisca."

But the lawyer pointed out: "He said he choked her. He never said he strangled her.”