A Florida man charged with murder in the asphyxiation death of his 60 year old girlfriend is mounting an unusual defense that hinges entirely on his purportedly out sized male anatomy, he now wants entered into evidence. Richard Henry Patterson 65 years old of Margate, was arrested in November 2015 on a charge of second degree murder for allegedly choking to death Francisca Marguinez, a claim he never denied. While law enforcement officials have alleged that Patterson strangled Marguinez to death, the man has maintained that his girlfriend accidentally choked on his big penis while performing oral sex.
Last week, Patterson’s defense attorney, Ken Padowitz, filed a motion asking a judge to allow his client to present his manhood to the jury, arguing that it is ‘essential’ for members of the panel to examine body part in order to fully understand testimony from an expert witness. The defense attorney also requested that Patterson be allowed to strip down in front of a handpicked group of people, among them the judge, lawyers, a bailiff and jurors. If his request is turned down, Padowitz told he would consider making a mold of his client’s sex organ to show the jurors.
Marguinez’s son, Omar Andrade, slammed Patterson as a ‘desperate man trying a desperate tactic’ in a bid to get away with the murder. Jury selection in Patterson’s upcoming murder trial is scheduled to get under way on 15 May. There is no word on when the judge will rule on the Padowitz’s motion. Marguinez and Patterson had been dating for only 4 months by the time her body was discovered on October 28, 2015, inside her apartment in 6700 block of Royal Palm Boulevard in Margate. Police found the already decomposing body after Patterson called his attorney, Padowtiz, and directed him to summon police to his girlfriend’s flat. Marguinez was lying face down on the bed by responding officers, who also recovered a bag with paper towels and tissues stained with blood and semen. More blood was found in the unit and on the victim’s hand. An autopsy later found that Marguinez showed no signs of trauma, but the report included a note that the body was already in the process of decomposing, making bruises more difficult to detect on corpse. The medical examiner was unable to determine the exact cause and manner of death. Patterson was arrested one week later on a second degree murder charge after sending text messages to his daughter and a friend, admitting that he ‘did something bad and was so so sorry’ and that he ‘choked Francisca’ because his medications were making him ‘really crazy.’ His attorney pointed out his client didn’t say he strangled the woman. A former neighbor of the couple told Marguinez and Patterson had a stormy relationship and were heard arguing and that on the eve of her death, the woman wanted to break up with him.