Man, 65, charged with murdering his girlfriend, 60, claims she accidentally choked to death giving him oral sex - and he wants to show the jury his PENIS as part of his defense

  • Richard Henry Patterson, 65, of Margate, Florida, charged with second-degree murder in October 2015 asphyxiation death of Francisca Marguinez
  • According to defense, Marguinez, who had at least one son, accidentally choked on Patterson's outsized manhood during consensual oral sex 
  • Patterson called his lawyer some 24 hours after his girlfriend's death asking him to summon police to her home, where she was found in decomposing state    
  • Patterson's attorney has filed a motion asking a judge for permission to show his client's sex organ to jurors  

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 outsized male anatomy, which he now wants entered into evidence.

Richard Henry Patterson, 65, of Margate, was arrested in November 2015 on a charge of second-degree murder for allegedly choking to death 60-year-old Francisca Marguinez - a claim he never denied.

However, while law enforcement officials have alleged that Patterson strangled Marguinez to death, the man has maintained that his girlfriend accidentally choked on his large penis while performing oral sex.

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Richard Patterson, 65
Francisca Marguinez, 60

Exhibit A: An attorney for murder suspect Richard Patterson, 65 (left), is asking a Florida judge for permission to show his client's penis to the jury as part of his 'oral sex' defense. Patterson is accused of choking his girlfriend, 60-year-old Francisca Marguinez (right) 

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 the body part in order to fully understand testimony from an expert witness, reported the Sun-Sentinel.

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 the jurors.

If his request is turned down, Padowitz said he would consider making a mold of his client’s sex organ to show the jurors.

Couple: Marguinez and Patterson (pictured together) had been dating for only four monthsbefore she was found dead in August 215 

Couple: Marguinez and Patterson (pictured together) had been dating for only four monthsbefore she was found dead in August 215 

Marguinez's son, Omar Andrade, slammed Patterson as a 'desperate man trying a desperate tactic' in a bid to get away with murder.

Jury selection in Patterson's upcoming murder trial is scheduled to get under way on May 15. There is no word on when the judge will rule on Padowitz’s motion.

Marguinez and Patterson had been dating for only four months by the time her body was discovered on October 28, 2015, inside her apartment in the 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 apartment.

Marguinez was lying face down on the bed by responding officers, who also recovered a bag filled with paper towels and tissues stained with blood and semen. More blood was found in the unit and on the victim’s hand, reported the station Local10 at the time.

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 the corpse.

The medical examiner, ultimately, was unable to determine the exact cause and manner of death.

Patterson (seen in court in 2015) was arrested a week after Marguinez's decomposing body was found inside her apartment in October 2015

Patterson (seen in court in 2015) was arrested a week after Marguinez's decomposing body was found inside her apartment in October 2015

Patterson was arrested a 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 'crazy.'

His attorney pointed out his client did not say he strangled the woman.

A former neighbor of the couple said 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 her boyfriend.

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