The Margate who created a stir when he asked to show his penis to the jury in an effort to prove that his girlfriend could have choked to death on it during oral sex has been acquitted of second-degree murder charges.
Jurors deliberated for five hours before finding Richard Patterson, 65, not guilty in the slaying of Francisca Marquinez, 60.
Prosecutors said Patterson strangled Marquinez during or after sex, but an autopsy showed no bone or cartilage damage to her neck. But the defense’s oral sex choking defense was proven either after experts say Marquinez’ airway would have had to have been obstructed for 30 straight seconds.
Her official cause of death is listed as undetermined. So without a cause of death, jurors had little evidence to convict Patterson.
What made the death look so suspicious is that when Patterson figured out Marquinez was dead, he called his lawyer instead of police. Patterson did not testify at trial. Patterson dropped his request to show the jury his penis after lawyers began to suggest that Marquinez may have died of an unnoticed heart attack or stroke.
Relatives of Marquinez erupted in anger at the verdict, one crying out, “This is not justice.” Patterson could have gotten life in prison if convicted.