Richard Patterson is charged with murder (Picture: Broward Sheriff’s Office)

A man accused of murdering his girlfriend has claimed she choked while performing oral sex – and he wants to show the jury his penis.

Richard Henry Patterson has asked for a judge’s permission to do so and believes it will help to explain the death of his girlfriend, Francisca Marquinez.

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Patterson, 65, of Margate, Florida, has admitted he choked his 60-year-old girlfriend in October 2015, but never said how it happened, the Florida Sun Sentintel reported.

His attorney Ken Padowitz said getting naked in front of Judeg Michael Rothschild and the jury is key to his defence.


It is a variation of the ‘rough sex’ murder defence, which is occasionally used but rarely successful during US trials, and claims the victim died by accident during consensual sexual activity.

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According to court papers, Mr Padowitz wrote: ‘Dr 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 the Dr. Wright’s testimony and the defence in this case.’

It has been described as a ‘desperate man trying a desperate tactic’ by Ms Marquinez’s son, Omar Andrade, 41.

Patterson called his lawyer before the police, and when officers found Ms Marquinez’s body, she had already been dead for between eight and 24 hours, according to arrest records.

In a text to his daughter, the defendant wrote he ‘did something bad’, and he later told a friend: ‘I choked her. I choked Francisca.’

Patterson is charged with second-degree murder.