Lawyers want man using big-penis defense to be erect

(Richard Henry Patterson - Broward County Sheriff's Office)

Lawyers in the murder trial of a man who wants to show his penis to the jury debated this week on whether or not he needs to be erect.

The trial for Richard Patterson, 65, kicked off on Tuesday, but the judge hasn't decided if his genitals will be shown in the courtroom.

Patterson's lawyers maintain his penis is the reason his girlfriend Francisca Marquinez, 60, choked to death while performing oral sex.

The prosecution doesn't object to the dong display, but argue that his penis must be erect.

Assistant state attorney Peter Sapak asked:

“Do we do it in the back? Do we do it in open court? 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.”

That then begs the question: Will there need to be a courtroom fluffer? Will he be able to stay aroused with all those eyes on him? Will they give him Cialis?

Defense attorney Ken Padowitz slammed the argument that the penis must be erect. He wants former Broward County medical examiner Ronald Wright to testify as a witness that Marquinez's death “is consistent with being accidentally sexually asphyxiated during oral sex.”

Padowitz said:

“He’s telling the court, as if he’s a medical expert in his argument, that it matters whether the penis is erect or not. But he’s merely speculating here since he’s never asked that question to Dr. Wright in definition, and he doesn’t, obviously, know, actually, what the expert opinion is what is needed or not needed in order for a human being to choke.”

We'll keep our eye on this one. You think it will result in a...hung jury?

Read more at the New York Post.

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