And although he’s never heard of the oral-sex choking defense, that doesn’t mean it won’t work.
A British man, however, tried the defense during a 2011 murder case and he’s now serving a life sentence, according to the Sun Sentinel.
The medical examiner could not reach a definitive conclusion on the cause and manner of death.
“It is rare in a murder case that the medical examiner can’t say the manner of death is a homicide,” Padowitz said.
A Florida man accused of murdering his girlfriend claims she accidentally choked to death while performing oral sex — and his unusual defense just might work, according to a renowned pathologist and former New York City medical examiner.
Richard Henry Patterson, 65, of Margate, now wants permission from a judge to bolster his argument by showing his penis to a jury to support his claim that Francisca Marquinez, 60, choked to death in her bedroom while performing oral sex on him on Oct. Patterson’s attorney claims in a motion filed on May 1 that an expert witness and former Broward County medical examiner, Dr.
Ronald Wright, will testify that Marquinez’s death is consistent with being “accidentally sexually asphyxiated during oral sex,” according to the motion.
“It is material and relevant,” attorney Ken Padowitz wrote in the motion.
I just think, for god’s sake, I wish I would have known, so I could have avoided investing all that time and energy.”I have to say, it felt like I was living inside an episode of Specifically the final episode of the first season, when Samantha starts dating a lawyer named James, only to find that his penis is so tiny that she can’t even tell when it’s inside her. I went, and actually got butterflies in my stomach while watching him on the big screen.
But aesthetics aside, once the sex is underway, it doesn’t necessarily make that much of a difference.