Lawyers for a Florida man accused of murder have acknowledged they always knew the size of their client's penis did not cause his girlfriend to choke and die.
Richard Patterson, who faced second-degree murder charges, claimed in his defence that his girlfriend Francisca Marquinez, 60, accidentally choked to death while performing oral sex on him in 2015.
Patterson wanted to show his penis to the jury to back up an expert's opinion that Marquinez's death was consistent with being "accidentally sexually asphyxiated during oral sex".
"It is material and relevant," attorney Ken Padowitz wrote in a motion to the court.
"The view by the jury is essential for them to fully understand Dr Wright's testimony and the defence in this case."