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MARGATE, FL – A man charged with murdering his girlfriend is claiming that the death was accidental, and that she choked to death on his dick.

In 2015, police found the body of 60-year-old Francisca Marquinez inside her apartment after her boyfriend, 65-year-old Richard Patterson called his attorney and directed him to summon police to her apartment.

Marquinez was found lying face down on a bed and by the amount of decomposition that had already occurred, she’d been there for days. Officers would also recover a bag filled with paper towels and tissues stained with blood and semen.

Because her body had been in the apartment for up to 24 hours, the medical examiner was unable to find any signs of trauma or determine an exact cause of death.

However, Patterson was arrested and charged with her murder a week later after texting his daughter and a friend, claiming he “did something bad,” had choked his girlfriend of four months because his medications made him “crazy.”

Now, with his May 15 murder trial quickly approaching, Patterson and his attorney have offered up a defense — Marquinez died after choking on Patterson’s schlong.

They are dead serious about this defense and even have a former Broward County medical examiner that plans to testify that her death “is consistent with being accidentally sexually asphyxiated during oral sex.”

On top of that, Patterson and his attorney are trying to get the judge to allow Patterson to present his dick to the jury so they can see that it was entirely possible scenario. If this is not allowed, Patterson’s attorney is prepared to have a mold made of his client’s penis to present to jurors.

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Of course, a lot of people are not happy with this defense, including Marquinez’ son.

“It’s a desperate man trying a desperate tactic,” said Omar Andrade. “He’s just trying to get off the hook.”

Neighbors say Marquinez was unhappy in her relationship with Patterson and that in the days before her death, the couple could be heard arguing and shouting. “She was trying to break off the relationship,” a friend of Marquinez said.

This isn’t the first time this defense has been used recently. Back in 2011, Philip Martins claimed the death of his girlfriend was the result of oral sex gone wrong. He was eventually found guilty and is now serving a life sentence.

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