Richard Henry Patterson, 65, of Margate, was arrested in November 2015 on a charge of second-degree murder for allegedly asphyxiating to death 60-year-old Francisca Marquinez.
But while police and prosecutors have alleged that Patterson strangledMarquinez to death, the man has maintained that his girlfriend accidentally choked on his outsized penis while performing oral sex.
Yesterday, in court, a legal wrangling started about how the defendant's cock would be presented.
'I believe it's pertinent,' said Patterson's defense attorney, Ken Padowtiz. '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.'
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 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.
Marquinez 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.