Richard Henry Patterson, 65, was charged with second-degree murder over the horrific death of Francisca Marguinez. But he says that rather than throttling his lover, she actually died during oral sex.
His lawyer has tendered a motion claiming it is essential that the court – including lawyers, judge and jury - examine his allegedly very large penis in order to fairly judge his claims. Failing that he wants to tender a cast of the out-sized organ for examination.
But the unusual defence isn’t holding any weight with Francisca’s grieving son Omar, who describes the accused as a 'desperate man trying a desperate tactic'.
The victim’s already-decomposing body was found in her apartment after the accused called his attorney – indicating a considerable gap in time between her death and the notification.
A bag of tissues stained with blood and semen were found at the scene. Blood was also found on the woman’s hand.
Due to the state of her body, no signs of trauma were able to be isolated and her cause of death was difficult to assign.
However the accused was arrested after sending text messages admitting he 'did something bad and was so so sorry,' and that he had 'choked Francisca’, supposedly due to the affects of his medications – which have not been disclosed.
Patterson’s attorney stresses that at no time did he admit to strangling her.
This article originally appeared on New Idea.