A Florida judge is weighing a request by a defense attorney to allow the jury to view his client’s penis as evidence in a murder trial.
Richard Henry Patterson, 65, of Margate, Fla. is on trial in the death of his girlfriend, whose body was found in her apartment in October 2015. Prosecutors say Patterson choked her to death, then left her body there for several days before calling his attorney first, then contacting authorities.
Defense attorney Ken Padowitz said Francisca Marquinez died accidentally by choking to death during oral sex. He filed a pretrial motion with a Broward County judge requesting that the jury view his client’s penis, saying it was required for the jury to fully understand Patterson’s defense.
According to the Sun Sentinal newspaper, the autopsy was inconclusive as the medical examiner could not determine the manner of death. Prosecutors claim the decomposition of Marquinez’ body after several days in her apartment led to the uncertainty.
Prosecutor Peter Sapak told Judge Lisa Porter he had no objection to the defense motion, but that there were several details to work out first. Porter has not said whether she will allow the motion and, if so, under which conditions.
Patterson is charged with second-degree murder and faces a maximum sentence of life in prison.