Oh, Florida. Fort Lauderdale’s ABC affiliate reports:
Attorneys argued in court Monday over whether the penis of a South Florida man accused of killing his girlfriend should be shown to the jury in his murder trial. Richard Patterson, 65, of Margate, is charged with second-degree murder in the choking death of his girlfriend, Francisca Marquinez, 60, in 2015. Jury selection in his murder trial began Monday.
Patterson’s attorney claims his client accidentally choked Marquinez while performing oral sex. To prove it, attorney Ken Padowitz wants a Broward County judge to allow Patterson to show his penis to the jury. 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.”