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Ex-Doctor's Child-Sex Convictions Set Aside.(New Mexico)
Byline: Scott Sandlin Journal Staff Writer
A lawyer's mistake has prompted a federal judge to set aside the 1991 conviction of a former Roswell doctor on two counts of criminal sexual penetration of a 13-year-old boy.
U.S. District Judge Martha Vazquez vacated two of the eight counts on which Dr. David Sylvester LaMure was convicted but suspended the effect of the order for 90 days while the state decides whether to retry him.
He can be released once he has completed his sentence on the remaining counts, Vazquez said in her order.
LaMure, now 63, of Dexter was sentenced to 18 years in prison for his conviction on five counts of criminal sexual contact with a minor, one count of extortion and two counts of second-degree criminal sexual penetration. The charges related to sex with a boy who was a volunteer at the Portales hospital where LaMure was a consulting pathologist.
The basis for Vazquez's ruling was an error by prominent Albuquerque criminal defense attorney Ray Twohig, who was relying on an outdated law to defend LaMure based on consent, the judge's opinion says.
As the trial began, Twohig believed the age of consent in New Mexico was 13, and learned only after jury selection was under way that the law had been changed in 1987 to make the age of consent 16.
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