‘Novel oral choking defense could be derailed for 5-year-old murder suspect, Richard Patterson’
‘I don’t think it’s possible: Medical examiner disputes 65-year-old murder suspect’s claim that his girlfriend, choked to death on his organ during oral sex
Richard Henry Patterson, 65, of Margate, Florida, charged with second-degree murder in October 2015 asphyxiation death of Francisca Marquinez
Patterson said Marquinez, 60, accidentally choked on his outsized manhood during consensual oral sex
Suspect failed to call for help because he felt embarrassed, defense claims
ME Iouri Boiko testified he never before scenario is undermined since to have choked to death, the organ needs be lodged far enough down victim’s throat for two to three minutes
Absent also are signs of a struggle, the natural response to choking
Defense moved, Monday, for judge to allow Patareson present his penis to the jury so they could better understand expert testimony
Prosecution countered that, if shown to the jury, the penis must be erect, not flaccid
Judge Lisa Porter is yet to rule on the defense request to allow defendant show his privates to the jury, if it would be in open court, or required to be erect
A Florida man who was too embarrassed to call for help when his girlfriend was in distress, choking on his ‘enormous penis’ during oral sex, ironically has made the size of his organ the focal point and a bone of contention during his murder trial.
Associate Broward County Medical Examiner Iouri Boikor, Thursday called into question the account of the 65-year-old murder suspect claiming to have accidentally choked his girlfriend during oral sex, telling the court he has never come across such a case before.
Boiko took the stand as an expert witness for the prosecution on Day 3 of Robert Patterson’s murder trial.
Paterson, [left], is charged with second-degree murder in the October 2015 asphyxiation death of Francisca Marquinez.
The Medical examiner testified he found it unlikely that Richard Patterson accidentally choked his girlfriend, Francisca Marquinez, with his penis during oral sex.
According to the defense, Marquinez, 60, accidentally choked on Patterson’s reproductive organ during a sex act, while the prosecution has alleged that the man strangled his girlfriend to death.
Did 60-year-old Francisca Marquinez choke to death during oral sex? Medical examiner says ‘No, not possible in the circumstances’
A neighbor told police that she had knocked on her friend’s door and Patterson answered, claiming that Marquinez was sleeping. The examiner later determined the victim had been dead for eight to 24 hours before officers arrived. Police said they later determined that Patterson, who lived in the same complex as the victim, had asphyxiated his girlfriend.
Paterson, allegedly texted his daughter in the afternoon on Oct. 28 and said, “Your dad did something really bad last night and I’m so so sorry.”
His daughter told detectives that she had a brief telephone conversation with her father, at which time he told her that he, “couldn’t go on” and said goodbye.
“It’s normal reaction of any person.”
During the post-mortem exam of the woman’s body, Boiko was unable to rule on the exact cause and manner of death because the area around her face and neck was severely decomposed. Much of the rest of her body was black and green.
Defense attorney Ken Padowitz said his client did not notice anything amiss with his girlfriend during their sexual encounter, and only became aware that she was unresponsive when he had gone to the bathroom and returned 15 minutes later, according to the Sun-Sentinel.
Poignantly, the defendant still did not seek medical assistance for his girlfriend right away, opting instead to contact an ex-girlfriend and his daughter on October 28, 2015. He claims he ‘feeling embarrassed about the entire sordid episode’.
Marquinez was last seen alive two days earlier.
Boiko, the medical examiner, testified that by the time police arrived at her apartment and found her body, Marquinez had been dead at least 24 hours, but more likely 48 or more.
At the onset of his trial, Paterson’s penis has emerged as a bone of contention between the defense and the prosecution.
For a man who was too embarrassed to call for help when his girlfriend was in distress, Patterson has certainly made his organ the focal point and a bone of contention during his murder trial
‘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.
Assistant State Attorney Peter Sapak (left) and defense attorney Ken Padowitz square off in court oduring the “Manhood” presentation debate
So far Circuit Judge Porter has yet to rule on whether to honor the defense request, if this would be in open court, if required to be erect if the request is granted.
An impassive Paterson watched 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.
His lawyer, 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.
Marquinez and Patterson [photo] had been dating for only fourcontentious months, but by some accounts she was ready to dump him before she was found dead in August 2015
Marquinez 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.
An autopsy later found that Marquinez 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.
A pensive Richard Henry Patterson with his hand on his brow in court, Thursday
His attorney pointed out his client did not say he strangled the woman.
A former neighbor of the couple said Marquinez 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.