Man Acquitted of Choking Girlfriend to Death With His Penis

Well, we can now add the "big penis oral sex defense" to the legal lexicon.  A 65-year-old Florida man, Richard Patterson, has been acquitted of all charges that he intentionally choked his 60-year-old girlfriend, Francisca Marquinez, to death while she performed oral sex on him.  A medical examiner was called in to testify that Patterson's penis may have unintentionally blocked off Marquinez's airway.  As part of his defense, Patterson's attorney even offered to enter his penis into evidence.  Fortunately, it didn't come to that, and the jury was able to get Patterson off.

The oral sex defense. Richard Patterson's 60-year-old girlfriend, Francisca Marquinez, was found by police already in a state of advanced decomposition. The medical examiner estimated that she had been dead for one to three days before the police were called.

The charges. Police charged Patterson with intentionally killing Marquinez by asphyxiating her. He was also charged with abandoning her corpse.

Consensual. Marquinez was Harrison's girlfriend. He claimed that the two were engaged in consensual oral sex.

An accident. Patterson was also charged with abandoning Marquinez's corpse. He later said that he panicked.

The defense. Patterson stated that he was embarrassed about the way that Marquinez died. He panicked, hence the delay in calling the police or even 911 when Marquinez initially passed out.

Medical examiner. A medical examiner was called in by the defense. He testified that it was possible that Marquinez's airway was accidentally cut off for at least 30 seconds during oral sex.

Evidence. The defense offered to enter Patterson's penis into evidence in a motion to the court. Attorneys for the prosecution did not oppose the motion.

Grisly photos. Photos of Marquinez's corpse were shown to the jury. Her adult son, who was in the courtroom, averted his eyes.

Extremely discolored. Marquinez's skin was badly discolored due to decomposition. There was also significant blood pooling, causing her skin to appear dark blue and purple in areas.

If convicted. Patterson was facing first degree murder charges. If convicted, he could have been facing the death penalty.

Lack of evidence. The jury ultimately decided that there was not enough evidence to prove beyond a shadow of a doubt that Patterson intentionally killed Marquinez. He did not have to show his penis to the jury, as his attorney ultimately decided there was no need for his client to humiliate himself in the courtroom.

The rough sex defense. The rough sex defense is not something new. It has been used in multiple cases involving injury or even accidental death.

Bizarre text messages. Patterson is alleged to have sent a series of bizarre text messages following Marquinez's death. He reportedly texted his adult daughter, saying "your dad did something really bad last night and I am so, so sorry."

The Baker Act. Patterson was institutionalized for 72 hours by his attorney for psychiatric evaluation. This was done pursuant to Florida's Baker Act.

A troubled relationship. Neighbors reported that Patterson and Marquinez's relationship was troubled. They could be heard arguing at all hours of the night. Reportedly, Marquinez wanted to break things off with Patterson.