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Brooklyn man's rape conviction vacated after Brooklyn DA finds evidence he was mentally ill when he pleaded guilty

Added 05-23-19 08:13:02pm EST - “A Brooklyn man's rape conviction was vacated Thursday after investigators determined that he was likely mentally disabled when he pleaded guilty to sexually assaulting a mentally-ill acquaintance.” - Nydailynews.com

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Posted By TheNewsCommenter: From Nydailynews.com: “Brooklyn man’s rape conviction vacated after Brooklyn DA finds evidence he was mentally ill when he pleaded guilty”. Below is an excerpt from the article.

A Brooklyn man’s rape conviction was vacated Thursday after investigators determined that he was likely mentally disabled when he pleaded guilty to sexually assaulting a mentally-ill acquaintance.

Livingston Broomes, 70, served four years in jail after admitting to authorities in May, 2011 that he raped a 32-year-old woman. He completed his sentence in September 2014, and was to continue to be on post-release supervision until 2024. He was also required to register as a sex offender.

But Brooklyn DA Eric Gonzalez said a Conviction Review Unit reassessment of his case revealed Broomes’ mental state at the time, and determined that his lawyers didn’t do much to help him.

“After a lengthy and extensive investigation into this case, I have concluded that the cause of justice requires that we vacate the conviction of Mr. Broomes,” Gonzalez said in a statement.

“Expert analysis of his mental capacity and an examination of the rest of the evidence reveal that the case was prosecuted as if an intellectually able individual had sexual relations with a person incapable of consent. The CRU investigation, however, revealed that he also likely suffered mental disabilities and likely did not receive effective legal assistance," the statement said.

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