A Florida man thinks his genitals hold the key to avoiding a murder conviction.

Richard Patterson, of Margate, is on trial for second-degree murder after being accused of fatally choking Francisca Marquinez, 60, in her Margate apartment in 2015, according to the Miami Herald.

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Kenneth Padowitz, Patterson’s defense attorney, argued Marquinez was not choked by Patterson’s hands, as the prosecution alleges. Instead, the defense claims Patterson choked her with his penis during oral sex, saying her death "is consistent with being accidentally sexually asphyxiated during oral sex," according to Padowitz’s motion, the Herald reported.

The defense team has motioned the jury be shown Patterson’s penis before a testimony by former Broward Medical Examiner Dr. Ronald Wright in an effort to help the jury better understand the testimony.

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Prosecutors do not object to the motion, but argue Patterson’s organ must be erect when viewed by the jury, the Herald reported.

Read more at the Miami Herald.

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