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Florida Jury May Have to Make Hard Decision in Big Penis Murder Trial

Tuesday May 16, 2017

All of a sudden, jury duty got interesting.

Flaccid or erect? was the question attorneys argued Monday in the case of a Florida man who is claiming his big penis was responsible for the 2015 choking death of his girlfriend.

As counsel for murder suspect Richard Patterson, 65, of Margate, Florida argued to allow a jury to view his client's penis as pertinent evidence, the state attorney argued the logistics of the viewing and whether the penis would be flaccid or erect.

Patterson's attorney Michael Padowiz is hoping that an expert witness who was a former medical examiner will be allowed to testify that Francisca Marquinez' death was consistent with being accidentally sexually asphyxiated during oral sex. And to drive the point home, he wants the jury to see his client's goods for themselves.

"I believe it's pertinent," Padowitz said of the jury's ability to view his client's penis. "I believe it's relevant."

According to ABC affiliate Local 10 News, the assistant state attorney said the state of the penis is pertinent to its relevancy.

"Is it going to be erect, or is it going to be flaccid?" the prosecutor asked.

He also wondered how it would be presented to the jury.

"Do we do it in the back? Do we do it in open court?" he asked. "How is the defendant going to be erect when the jury views it? Because a flaccid penis, whether it be a picture or the jury actually seeing it, is completely irrelevant. It needs to be erect."

Padowitz blasted his opponent, telling Judge Lisa Porter that the state was merely speculating, and that the state's attorney "doesn't, obviously, know, actually, what the expert opinion is what is needed or not needed in order for a human being to choke."

According to the New York Daily News, Patterson has admitted to choking his girlfriend Francisca Marquinez in 2015, but claims it happened accidentally during consensual oral sex.


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