Richard Henry Patterson, 65, a Florida man, has requested and had his request approved, to show a jury his penis.
Patterson is on trial for allegedly choking his girlfriend, 60-year-old Francisca Marquinez, until she died.
Patterson however, claimed to the court that he did not intend to choke her to death, and that Marquinez choked on his ‘oversized penis’ while she was performing oral sex. He has asked to be allowed to show his ‘oversized penis’ to the courtroom, presenting it as evidence.
This presents a number of problems for the court. The court is now deciding whether they need to see him aroused and erect, or if it makes a difference if his penis is flaccid.
The Daily Mail reports:
On Monday, Patterson’s defense attorney, Ken Padowtiz, appeared before Judge Lisa Porter asking her to allow his client to present his male anatomy as evidence to members of the jury panel, reported the station Local10.
‘I believe it’s pertinent,’ Padowitz. ‘I believe it’s relevant.’
But a prosecutor raised some concerns regarding the logistics of such a presentation, namely, the state of Patterson’s manhood, which, he argued, was relevant to the case.
‘Is it going to be erect, or is it going to be flaccid?’ Assistant State Attorney Peter Sapak demanded to know. ‘Because the allegation is they’re having a sexual intercourse and I’m assuming the size of the penis does matter for the defense.’
Sapak argued that, given that Patterson’s defense hinges on the allegation that Marquinez gagged on his penis during a sexual act, the penis must be in an aroused state during the courtroom presentation.
‘How is the defendant going to be erect when the jury views it?’ Sapak pressed. ‘Because a flaccid penis, whether it be a picture or the jury actually seeing it, is completely irrelevant. It needs to be erect.’
Padowitz hit out at the prosecutor, saying that Sapak was not qualified to make the determination that a person can only choke on an erect penis.
Earlier this month, the defense lawyer filed a motion claiming that is was ‘essential’ for the jury to examine his client’s penis to fully understand testimony from their expert witness, Dr Ronald Wright, reported the Sun-Sentinel.
‘He’s telling the court, as if he’s a medical expert in his argument, that it matters whether the penis is erect or not,’ Padowitz said of Sapak in court on Monday. ‘But he’s merely speculating here since he’s never asked that question to Dr. Wright.’
As his attorney and the prosecutor wrangled over the role of his manhood during the upcoming trial, Patterson sat stoned-faced at the defense table, dressed in a sober dark suit and a gray striped tie, with a shock of thick, snow-white hair. At one point, he was seen fidgeting with his watch but otherwise appeared impassive.
Padowitz said that he has already furnished the prosecution with photos of his client’s sexual organ, including one in which the penis is seen next to a tape measure, and another in which Patterson appears naked front the waist down.
Judge Porter inquired in court about the state of the defendant’s manhood in those images.
‘It’s definitely not erect,’ Sapak replied.
There is no word on when Judge Porter will rule on Padowitz’s motion.
If his request is turned down, Padowitz previously said he would consider making a mold of his client’s sex organ to show the jurors.