(Richard Henry Patterson - Broward Sheriff's Office)
A Florida man accused of murdering his girlfriend says he accidentally choked her to death while performing oral sex.
To prove himself, he wants the judge to let him strip down and show the jury his penis.
65-year-old Richard Henry Patterson admitted from the beginning that he choked 60-year-old Francisca Marquinez, but he never said how.
Patterson's attorney said the penis display is critical to his argument, which he called a variation of the "rough sex" defense that has been used in trials all over the country for years.
The argument, which is not usually successful, is pretty much the same in each case: The victim died while having consensual sex.
Patterson's attorney wrote in his motion:
"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 defense in this case.”
If the disrobing happens, it will probably happen outside of public view.
The victim's son isn't buying Patterson's defense:
“It’s a desperate man trying a desperate tactic. He’s just trying to get off the hook.”
Neighbors say Patterson and Marquinez were fighting just two days before she died:
"They were arguing, shouting at each other...she was trying to break off the relationship."
This will be a case to follow for sure. You think he'll get off?