Richard Patterson, 65, of Florida has recently made headlines when during his court case of the murder of 60-year-old Francisca Marquinez, Patterson insisted she died as an accident during sex, choking on his large penis.
Patterson raised eyebrows when he asked the judge to be able to show his penis in court, to the jury, as evidence.
Luckily, thanks to the testimony of several doctors and other key factors, Patterson managed to escape prison and be considered not guilty.
“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,” defense attorney Ken Padowitz stated, according to the SunSentinel. “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.”
The medical examiner was reportedly unable to determine the exact cause of death. The autopsy found no signs of trauma. There was no bruising on Marquinez’s neck. The medical examiner stated that because the body was in the early stages of decomposition, bruising may not yet have been visible.
“It is rare in a murder case that the medical examiner can’t say the manner of death is a homicide,” Padowitz said.
Padowitz added that the prosecution’s case relies on statements Patterson made to his daughter and a friend following Marquinez’s death. In a text message to his daughter, Patterson wrote that he “did something bad.” Later he told his friend: “I choked her. I choked Francisca.”
“He said he choked her,” Padowitz added. “He never said he strangled her.”
Former New York City medical examiner Dr. Michael Baden told the New York Post that while sexual activity can lead to accidental deaths, he has “never heard of choking on a penis.”
He explained that deaths typically occur as a result of autoerotic asphyxiation, where one person chokes the other to achieve heightened pleasure.
“It’s usually the male who compresses the neck vessels of the female, with the idea that they’ll have a better orgasm as the oxygen supply is diminished to the brain,” Baden said. “And that can lead to death.”
He emphasized that while Patteron’s defense is unlikely, it’s not impossible.
“I’ve not seen it, that the penis alone will choke somebody to death,” he said. “However, if there’s obstruction, it’s possible. And in order to choke to death, the penis has to obstruct the windpipe, probably down to the area of thyroid cartilage, or the Adam’s apple, for a period of time.”
“Strange things can happen,” he added.
According to Marquinez’s neighbors, she was unhappy with her relationship to Patterson and was planning to break up with him before she was killed.
“Two days before she died, they were arguing, shouting at each other,” neighbor Eddie Pathik told the SunSentinel. “She was trying to break off the relationship.”