Richard Henry Patterson of Margate was arrested in November 2015 and was charged with second-degree murder of his 60-year-old girlfriend, Francisca Marquinez.
The 65-year-old man reportedly wants to show his manhood to a jury in Florida to prove that he did not strangle his girlfriend to death after detectives arrived to her apartment and found her deceased body decomposing on a bed that was covered with a bed sheet.
According to the investigation, authorities found a bag that was filled with paper towels covered in blood and semen inside the kitchen while blood was found inside of the apartment and on one of her fingers with the scene looking as if someone attempted to clean it, the arrest report said.
A medical examiner later determined that she had been dead for eight to 24 hours before discovering her body.
Reports say, Patterson and his attorney Ken Padowitz are trying to show the jury at his trial his penis as evidence, arguing that doing so is “essential” to showing his case.
The motion said doing so is key to his argument that she choked on his penis while giving him oral sex. He is using the “rough sex” defense to argue in his favor – the specific defense has been used numerous times across the country to prove innocence of rape and sexual assault charges.
The defense claims that Marquinez died by accident while engaging in oral sex.
Patterson and Marquinez both lived in the Royal Palm Garden complex in Homestead, Florida, and neighbors said the couple were in an argument at the time of Marquinez’s death.
Neighbors Eddie and Christianne Pathik told investigators that they weren’t getting along and Marquinez wanted to end their relationship not long before she was found dead.
“Two days before she died, they were arguing, shouting at each other,” Eddie said while translating for his Portuguese-speaking wife. “She was trying to break off the relationship.”
Patterson was found not guilty of second-degree murder. The lawyer switched his emphasis to the possibility that Marquinez died of a heart attack or stroke that went unnoticed by the defendant.
Patterson, 65, faced a maximum of life in prison if convicted of the murder of Francisca Marquinez, 60.
“This is not justice,” one of Marquinez’s family member called out. Marquinez’s son, Omar Andrade, declined to comment as he left the courtroom.
Image Source: NY Post, Sun Sentinel