Mistrial averted in Levin case
All 12 jurors on the sexualassault trial of former forensic psychiatrist Dr. Aubrey Levin have agreed to continue, despite a two-week adjournment to permit the accused’s lawyer to get up to speed on the case.
Court of Queen’s Bench Justice Donna Shelley told jurors on Monday that the much-delayed trial may not conclude until perhaps a month after the originally expected date of Nov. 16.
However, 10 of the jurors immediately agreed to continue for the duration, while two who initially said they would stay on until the new anticipated finish of Dec. 10, eventually agreed to stay on for as long as trial takes to conclude.
Shelley then thanked the jurors and sent them home until Nov. 13, when Chris Archer says he would be prepared to act on Levin’s behalf.
“I said yesterday that (Dec. 10) was our best estimate,” said Shelley. “Fact is, it could be less or more. “Come back on Nov. 13 and we will resume the trial. Thank you very much. Your service to your community is very much appreciated.”
The judge then advised the jury to not discuss the case with anyone, do not speculate on the reason for any of the delays in the trial, and to not read any media reports about the trial. The trial could have continued with as few as 10 jurors, but if there were any fewer, according to the Criminal Code, the judge would have had to declare a mistrial. A new jury would then have had to be empanelled and they would start over from scratch.