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Levin convicted of three counts of sexual assault
Published Monday, January 28, 2013 6:14AM MST
Last Updated Tuesday, January 29, 2013 12:31PM MST
The jury in the trial of a Calgary psychiatrist accused of sexually assaulting several of his former patients has reached a unanimous decision after two full days of deliberation.
Dr. Aubrey Levin has been convicted on three counts of sexually assaulting his patients.
He was acquitted on two other counts and a mistrial was declared on the remaining four charges.
Sentencing arguments for Levin will be on Wednesday and he will be free until that time.
The Crown is seeking four to seven years in prison for his conviction but his defence lawyer is downplaying the assaults, calling them minor.
He is seeking a sentence of only 60 to 180 days.
Crown prosecutors say that with all the ups and downs in the trial, a conviction should show confidence in the justice system.
"This jury was faced with one of its members leaving, there are serious allegations out in the community. Our system is resilient, we were able to take that into stride. It didn't knock this trial off course," says Crown lawyer Bill Wister. "What ever actions people take in the community to defeat the system of justice, it doesn't work. At the end of the day, the system works."
Levin was charged with nine counts of sexual assault after several male patients came forward saying they were fondled while in psychiatric care.
On Sunday night, the jury told the judge that they were unable to come to an agreement on any of the nine counts against Dr. Levin and added that continued deliberation was unlikely to change anything.
Madame Justice Donna Shelly did not grant a mistrial and instead, asked the jury to try again.
The jury reached a unanimous decision on five of nine counts against Levin just after 6:00 p.m. on Monday.
The trial began in October and was scheduled for six weeks, but delays, including Levin’s illness, firing his lawyer, representing himself, and dismissing a juror, have forced it to stretch out for more than three months.
A mistrial into the remaing charges has already been ordered.
Levin's wife Erica remains under house arrest after allegedly trying to bribe a juror two weeks earlier.
(With files from CTVNews.ca)