When I heard about this murder case, I was confused because I also heard it was a choking case. Horrifically, I was not given bad information: it is a choking case, and Richard Patterson claims the woman choked on his member. Trial is underway, and Patterson’s attorney argued a motion to allow the jury to see his penis. Reportedly, the state does not object: what can they say if that is the defense he claims. Defendants have broad latitude to present and argue their defenses.
At issue is whether or not the penis will be erect… The state argues that it should be erect, for proper context. That actually kind of makes since, as the Defendant is arguing that she accidentally choked while giving him oral sex. It appears there will be no dispute that she was otherwise healthy and died of asphyxiation, but to prove second degree murder, the state will have to show that the defendant cased the death by an act that was “imminently dangerous” AND “demonstrating a depraved mind without regard for human life”. An accidental death during consensual sexual activity would not meet this standard, though the State is likely to argue that his story doesn’t make sense. The Defendant indicated in his motion that they intend to call the Broward Medical Examiner who will testify the death is “consistent” with accidental asphyxiation during oral sex. This could end up being the trial of the year…
The trial started yesterday, and a jury has been selected. The judge has not ruled whether the penis will need to be erect for the jury demonstration. The death occurred in Broward county in 2015, and Patterson is facing life in prison if convicted.
Posted in Criminal Law, Florida, Miami / South Florida, Whimsy
Tagged broward, choking, deathbypenis, margate, murder, only in florida, richard patterson, sexcrime, trial
Today’s legal lesson- no full nudity at your funeral in China.
Wait, fully nude? The only reason that such a weird law is on the books must be that there was a problem in the past. Apparently it has become common to have the most outlandish possible funeral procession, and that frequently means including pole dancers in the funeral. Apparently, gangsters started the practice of having strippers perform, and it has become more acceptable in many part of China and Taiwan. At the recent funeral for a politician in Taiwan, the procession included 50 pole dancers hired by the son of the deceased, all riding colorful jeep outfitted with poles on the roof. The Chinese government has tried to curb the practice, hence the law against full nudity.
This kind of reminds me of people who were propped up at their own funerals.
Here’s more video about the recent outlandish funeral in Tawian:
Charles “Chuck” McMullen via WEAR TV
Holy Crap, Charles “Chuck” McMullen, who had been a supervisor of the FDLE cyber-crimes unit for several years, has been arrested for exactly the type of activity he had been policing all these years. As a supervisor with the unit, he would literally travel the state setting up and running the internet sting operation in cooperation with various law enforcement agencies. He has now been charged with sexual assault and lewd and lascivious behavior on victims less than twelve. The victims indicate it happened on multiple occasions, so he could end up with multiple charges. The accusers were only 8, and sexual assault on a minor under 12 is a capital felony that has a mandatory sentence of life in prison, if he is convicted of that charge. He apparently was working at centers that advocate for abused children, allegedly using his position there to access his victims.
I have previously written about how sting operations run the risk of entrapping people. Sex offender stings in particular run this risk, and have been shown to do so locally. I have also pointed out some of the dirty tricks these operations use to set up the targets in these operations. Here’s the thing… Chuck McMullen is literally the guy who was doing this.
Special Agent Chuck McMullen organized, supervised, and actively participated in these operations. He ran operations where people were wrongly prosecuted, and he personally used improper techniques that constituted entrapment. Chuck McMullen wrongfully prosecuted people for travelling to meet minors, and now is facing charges for actually having abused young children. It’s shocking, appalling, and troubling on many levels. If it is demonstrated he committed these offenses, it is all the worse for his hypocrisy.
The image above is from file footage from WEARTV
Crystal Sweigart, who has been charged with running a prostitution ring in Mount Joy, Pennsylvania, has a rather novel defense to the prostitution charges. She admits that she was giving unlicensed massages (which is a crime, itself), but says that the sexual contact that occurred afterward was merely fun between friends after work. She said, “Anything that happened when the massage stopped becomes two consenting adults having fun,” Sweigart said. “What I’m complaining about is (police) labeling it as [prostitution].”
Legally that would be a defense to the prostitution charge. However, the fact that the patrons gave her additional money when the sex acts occurred belies the fact that it was merely fun. It sounds like sexual contact in exchange for money. She admits that it’s incriminating: “Did I refuse the money? No,” Sweigart said. “Should I have or would it have looked better on me if I didn’t? Probably.” Two men have also been charged for patronizing prostitutes. Beware the happy ending…
Tammy Lynn Powers was arrested Saturday in Fort Myers, FL after allegedly having public sex in a residential neighborhood. Deputies responded to, and I’m not making this up, the intersection of Kentucky Road and New Jersey Boulevard regarding reports of a naked man walking around. When they arrived, they saw the man and Ms. Powers engaged in sex against the side of the man’s pickup truck… because there had to be a pickup truck involved in this story. And beer… they were visibly intoxicated.
The responding deputy questioned the man, who cooperated and was released. Powers, however, tried walking away, ignored the deputies orders, refused to provide her ID and cursed at the deputy. She was ultimately arrested for indecent exposure and resisting arrest.
Her reluctance to cooperate was due to an outstanding warrant for a violation of her Collier County probation.
Posted in Criminal Law, DUI, Florida, Fort Myers / Lee County / Southwest Florida #SWFL
Tagged fort myers, indecent exposure, kentucky, lcso, new jersey, resist arrest, sexcrime, sexonthebeach, tammy powers