Margate man acquitted in murder case after oral-sex defense – Sun Sentinel


#

Margate man acquitted in murder case after oral-sex defense

Richard Henry Patterson, the Margate man who initially claimed his girlfriend choked to death during oral sex, was found not guilty Monday of second-degree murder.

The verdict was announced just under five hours after the jury began its deliberations.

Patterson, 65, faced a maximum of life in prison if convicted of the murder of Francisca Marquinez, 60. whose decomposing body was found in her condo unit Oct. 28, 2015, after Patterson reached out for help from a defense lawyer, Ken Padowitz, without calling police.

Padowitz and Patterson embraced after the verdict was read, as family members of the victim sat in unconcealed frustration. “This is not justice,” one family member called out. Marquinez’s son, Omar Andrade, declined to comment as he left the courtroom.

The defense claim that Marquinez choked to death while performing oral sex on Patterson was the focus of Padowitz’s approach through most of the week-long trial, but late Friday the lawyer switched his emphasis to the possibility that Marquinez died of a heart attack or stroke that went unnoticed by the defendant.

The lawyer of Richard Henry Patterson, the Margate man who was found not guilty Monday of his girlfriend’s murder, spoke after the verdict.

The lawyer of Richard Henry Patterson, the Margate man who was found not guilty Monday of his girlfriend’s murder, spoke after the verdict.

Medical experts were not certain exactly how long Marquinez was dead. She was last seen by someone other than Patterson on Oct. 25, according to trial testimony, and by the time investigators arrived her face, neck and arms had been so badly discolored that if there were bruises, no autopsy would have detected them.

But her neck bone was not broken and the cartilage around her neck was still intact, medical experts testified. Her official cause of death is undetermined.

In closing arguments Monday, prosecutor Peter Sapak concentrated on the evidence that does exist — Patterson spoke to his ex-girlfriend and sent text messages to his daughter that appeared to indicate a guilty conscience. The ex-girlfriend, Holly Graff, testified during the trial that Patterson admitted he choked Marquinez, though she couldn’t recall exactly how he phrased it. In text messages, Patterson said he “did something terrible” and was “really sorry.”

A man who asked a Broward judge for permission to show his penis to the jury in his murder trial this week dropped his request after a retired medical examiner testified on his behalf.

Richard Henry Patterson, 65, kept his private parts private as defense attorney Ken Padowitz rested his case Friday.

A man who asked a Broward judge for permission to show his penis to the jury in his murder trial this week dropped his request after a retired medical examiner testified on his behalf.

Richard Henry Patterson, 65, kept his private parts private as defense attorney Ken Padowitz rested his case Friday.

Most significantly, Sapak said, Patterson did not call police or paramedics. He called Graff, who put him in touch with Padowitz.

After consulting with Padowitz, Patterson’s attitude changed from contrition to “preservation,” Sapak said. He was recorded repeatedly telling Graff not to talk about the case and insisting that he could not go to jail.

Padowitz concentrated on the evidence that could not be presented at trial.

“They still don’t know how she died,” said Padowitz. While the medical evidence does not entirely exclude strangling, Padowitz said the testimony of the prosecution’s medical expert agreed with his own — strangling was not likely. But other possibilities could also not be ruled out, Padowitz said. Marquinez could have had a heart attack or a stroke, he said.

It’s unlikely Francisca Marquinez choked to death while performing oral sex on her boyfriend, who is now on trial for her murder, a prosecution medical expert testified Thursday.

Associate Broward Medical Examiner Iouri Boiko, describing his 2015 autopsy of Marquinez, 60, said he could not tell.

It’s unlikely Francisca Marquinez choked to death while performing oral sex on her boyfriend, who is now on trial for her murder, a prosecution medical expert testified Thursday.

Associate Broward Medical Examiner Iouri Boiko, describing his 2015 autopsy of Marquinez, 60, said he could not tell.

Padowitz downplayed the argument that was a centerpiece of his opening statement, that Marquinez may have choked to death while performing oral sex on Patterson. Defense medical expert Ronald Wright said such a death was consistent with the physical evidence, but he agreed with the prosecution’s expert, Louri Boiko, who said it was unlikely because of what it would have involved.

The victim would need to have her air supply cut off for at least 30 seconds before she passed out, then at least another two to three minutes before she died.

Even Padowitz admitted Monday that was not a reasonable theory for the jury to believe.

“That’s not the way she died,” Padowitz said. But that’s the way Richard Patterson thought she died.”

The defense claims about what Patterson thought and why he didn’t call 911 were complicated by the fact that he did not testify. Without Padowitz’s assertions, there was no one to testify that Marquinez’s death was preceded by a sex act. There was also no testimony to suggest, as Padowitz did during opening statements, that Patterson failed to call for help because he was embarrassed and humiliated for Marquinez dying from oral sex.

“He believes that’s how she died,” he said. “He’s wrong!”


Loratadine Oral: Uses, Side Effects, Interactions, Pictures, Warnings – Dosing #loratadine #oral,


#

Loratadine Tablet,Disintegrating

Uses

Loratadine does not prevent hives or prevent/treat a serious allergic reaction (e.g. anaphylaxis ). Therefore, if your doctor has prescribed epinephrine to treat allergic reactions, always carry your epinephrine injector with you. Do not use loratadine in place of your epinephrine.

If you are self-treating with this medication, it is important to read the manufacturer’s package instructions carefully so you know when to consult your doctor or pharmacist. (See also Precautions section.)

Do not use this medication in children younger than 6 years unless directed by the doctor.

How to use Loratadine Tablet,Disintegrating

If you are using the over-the-counter product to self-treat, read all the directions on the product package before taking this medication. If your doctor has prescribed this medication, follow your doctor’s directions and the instructions on your prescription label. If you have any questions, consult your doctor or pharmacist .

Take this medication by mouth with or without food as directed by your doctor or the product package, usually once or twice a day. Remove the tablet from its foil pack immediately before taking and place the tablet on the tongue. It will dissolve quickly. You may swallow the dissolved medication with or without water. Dosage is based on your age, condition, and response to treatment. Do not increase your dose or take this drug more often than directed. Do not take more of this medication than recommended for your age.

Tell your doctor if your allergy symptoms do not improve after 3 days of treatment or if your hives last more than 6 weeks. Seek immediate medical attention if your condition worsens or you think you have a serious medical problem (e.g. very serious allergic reaction /anaphylaxis ).

Side Effects

This drug usually has no side effects. If you have any unusual effects, contact your doctor or pharmacist promptly.

A very serious allergic reaction to this drug is rare. However, seek immediate medical attention if you notice any symptoms of a serious allergic reaction. including: rash. itching /swelling (especially of the face/tongue /throat), severe dizziness. trouble breathing .

This is not a complete list of possible side effects. If you notice other effects not listed above, contact your doctor or pharmacist.

Call your doctor for medical advice about side effects. You may report side effects to FDA at 1-800-FDA-1088 or at www.fda.gov/medwatch.

In Canada – Call your doctor for medical advice about side effects. You may report side effects to Health Canada at 1-866-234-2345.

Precautions

Before taking loratadine. tell your doctor or pharmacist if you are allergic to it; or to desloratadine; or if you have any other allergies. This product may contain inactive ingredients, which can cause allergic reactions or other problems. Talk to your pharmacist for more details.

Before using this medication. tell your doctor or pharmacist your medical history. Do not self-treat with this medication without consulting your doctor first if you have certain medical conditions such as: kidney disease. liver disease.

Loratadine does not usually cause drowsiness when used at recommended doses. However, do not drive, use machinery, or do any activity that requires alertness until you are sure you can perform such activities safely.

If you have hives and your doctor has prescribed loratadine, or if you are considering using this drug to treat your own hives, tell your doctor right away if you have any of these other symptoms because they may be signs of a more serious condition: hives that are an unusual color, hives that look bruised or blistered, hives that do not itch.

This product may contain aspartame. If you have phenylketonuria (PKU) or any other condition that requires you to restrict your intake of aspartame (or phenylalanine ), consult your doctor or pharmacist about using this drug safely.

Older adults may be more sensitive to the side effects of this drug, especially drowsiness, or confusion. These side effects can increase the risk of falling.

During pregnancy. this medication should be used only when clearly needed and as directed by your doctor. Discuss the risks and benefits with your doctor before taking this drug.

This medication passes into breast milk. However, it is unlikely to harm a nursing infant. Consult your doctor before breastfeeding .

Interactions

Drug interactions may change how your medications work or increase your risk for serious side effects. This document does not contain all possible drug interactions. Keep a list of all the products you use (including prescription/nonprescription drugs and herbal products) and share it with your doctor and pharmacist. Do not start, stop, or change the dosage of any medicines without your doctor’s approval.

Loratadine is very similar to desloratadine. Do not use medications containing desloratadine while using loratadine.

This medication may interfere with certain laboratory tests (including allergy skin testing ), possibly causing false test results. Make sure laboratory personnel and all your doctors know you use this drug.

Overdose

If someone has overdosed and has serious symptoms such as passing out or trouble breathing. call 911. Otherwise, call a poison control center right away. US residents can call their local poison control center at 1-800-222-1222. Canada residents can call a provincial poison control center. Symptoms of overdose may include: severe drowsiness.

Notes

If your doctor has prescribed this medication for you, do not share it with others.

Missed Dose

If you miss a dose, take it as soon as you remember. If it is near the time of the next dose, skip themissed dose and resume your usual dosing schedule. Do not double the dose to catch up.

Storage

Different brands/strengths of this medication may have different storage requirements. Read the package labeling or ask your pharmacist for the storage requirements for the product you are using. Protect from light. Do not store in the bathroom. Keep all medicines away from children and pets.

Do not flush medications down the toilet or pour them into a drain unless instructed to do so. Properly discard this product when it is expired or no longer needed. Consult your pharmacist or local waste disposal company for more details about how to safely discard your product.Information last revised July 2016. Copyright(c) 2016 First Databank, Inc.

Images


23 Years of Herpes Lawsuits – Do You Have to Tell You


23 Years of Herpes Lawsuits Do You Have to Tell You Have Herpes and When?

You CAN be sued for not telling someone you had herpes. 23 years of herpes lawsuits proves this.

Starting in 1987, Let’s Look Over 23 Years of Herpes Lawsuits

In 1987 Tony Bennett made headlines when he was ordered by the courts to undergo medical tests to determine if he could have given a woman genital herpes. Bennett said he didn’t have herpes and that his doctors report confirmed this. Her lawsuit was for $95 million and he, naturally, was counter suing for $100 million.

I can find many references to the filing of this case, and none to how it was eventfully settled .

Also in 1987, this was making headlines:

The decision upheld the right of Jane Maharam, 56, to sue her former husband Robert, 56, on her claim that he had herpes and did not tell her. The court found that such partners have a legal duty to inform each other about their venereal diseases.

1992 was another big year in herpes lawsuits:

One of the big news items was that a 1986 lawsuit filed again the actor/comedian Robin Williams was finally settled. That’s 6 years later after the herpes lawsuit was filed! The case was settled out of court for an “undisclosed sum.”

The 1992 article in The New York Times, “Pillow Talk ” brings up much that is still hotly being debated today:

1. Mr. Williams s lawyer, argued in court papers that a person who doesn t ask and doesn t insist on prophylactics should assume the risks.

2. So, legal experts have begun to ask whether the responsibility for taking precautions should be shared. Everybody should be on notice that unprotected sex creates risks of all sorts, and you shouldn t rely totally on the good-faith disclosure of a partner, said Catherine O Neill of the Legal Action Center.

3. He also noted that judges have not come right out and described what they would consider a legally acceptable way to break the bad news to a lover. They haven t exactly spelled out a kind of Miranda warning for these cases, Mr. Rabin said.

4. In herpes litigation, the claims against partners have ranged from those who sinned by omission, keeping mum about their status, to those who, when asked if they had a sexually transmitted disease, lied. In a 1984 opinion in a herpes case, a California appellate court acknowledged that while rulings on bedroom behavior infringed the right to privacy, public-health-policy concerns loomed larger. Courts have decided that if someone is infected, aware of it and sexually active, that person has a duty to inform a partner, who by extension, has a right to know.

2004 Herpes Lawsuits

In 2004 it was alleged NOT that Liza Minnelli had actually given David Gest herpes, but that Liza Minnelli had not told him that she had herpes until months after they had been married. Essentially, what was put forth was that this would make the prenuptial agreement invalid as the agreement would have been based on fraud… not all the information was given to Gest when signing the prenup.

2006 Herpes Lawsuit

Michael Vick, the football player who was later went to jail for dog-fighting and animal cruelty, settled a lawsuit filed by a woman who said he knowingly gave her herpes. The name “Ron Mexico” became infamous as that was the fake name Vick is reported to have used when seeking treatment for herpes.

2007 Herpes Lawsuit

In Los Angeles CA, Elizabeth Mazzocchi filed a herpes lawsuit against NYPD Blue actor Esai Morales. Once again, you only can find reference to the announcement of the lawsuit, and no reference to its outcome .

2009 Herpes Lawsuit

A woman was awarded $7 million in a suit filed by a 56 year old woman who was infected with herpes by a 77 year old man. Interesting here is the woman said she was denied health insurance after getting infected with herpes. The77 year old man said he would appeal.

2010 Herpes Lawsuit

A woman from Chicago filed a herpes lawsuit seeking $50,000 against her husband. The 1987 Tony Bennett lawsuit was for $95 million. Now, lawyers will take cases for $50,000. It seems it’s getting easier and easier to sue for herpes.

Where there is blood in the water, you are sure to find sharks. Lawyers seem to be more actively chasing the herpes ambulance.

WHAT DOES THE FUTURE HOLD FOR HERPES LAWSUITS?

MORE HERPES QUESTIONS THAT LAWSUITS MAY DECIDE:
• Is there a double standard for oral herpes and genital herpes? Is this fair?

• Should people have to disclose that they have oral herpes before kissing another person?

• Can you be sued for having HSV-1 (usually oral herpes) and having oral sex, and not telling the other person?

• If you give a person HSV-1 through oral sex can you be sued?

• Can you be sued for KISSING another person and giving them HSV-1 oral herpes?

• Do you have to tell that you have genital herpes if you practice safe sex and it’s a one night stand?

• If you are participating in RISKY BEHAVIOR, does that mean you assume the risk? (Could a prostitute sue someone for giving her herpes?)

• Do porn stars have a right to know if the person they are working with has herpes?

• Must you tell the truth of your STD status if the other person asks? In other words, “Is LYING the same as simply not telling?”

• Is the responsibility of discussing herpes and other STDs a one way street? Is only a person who knows they have or have had an STD required to bring it up?

• Is a person who has unprotected sex with lots of people required to be truthful about this when asked? After all, it’s the risky behavior that makes a STD more likely. People that get tested are simply being responsible. Must the responsible people bear all the responsibility simply because they got tested?

• Does a person have a LEGAL responsibility to know their STD status? If a person is having unprotected sex with multiple partners, shouldn’t they know that they may be passing on STDs to other people, even if they haven’t received an official test? A reasonable person would know this.

• Is a person who has a STD but fails to get tested still legally responsible for giving the other person their STD? (The ignorance is bliss excuse is an excuse…)

• Is HSV-1 a sexually transmitted disease?

61 Comments