Edmonton Journal

Judge declares mistrial in psychiatri­st sex case

Second jury fails to reach verdict

- BILL GRAVELAND

CALGARY — Two Calgary juries have now been unable to reach a verdict on sexual assault charges against a psychiatri­st relating to two of his court-appointed patients.

Dr. Aubrey Levin was convicted on three counts of sexual assault by a jury in January 2013 and sentenced to five years in prison. But that jury could not reach a verdict on four other charges.

The Crown retried Levin on two of them and a new jury, which began deliberati­ons on Wednesday, was again unable to reach a consensus.

Alberta Justice Beth Hughes told court she had no choice but to declare a mistrial.

The Crown said it is considerin­g whether to seek a conviction a third time.

“We’re going to strongly consider it. It’s one of those things that’s been a serious enough case that we’ve marshalled a lot of resources for two trials,” said Crown prosecutor Shane Parker.

“We’re going to take a lot of input as well from our two complainan­ts, who by now have testified three times, once at a prelim (pre-trial hearing), and two trials, so their input is something we’re certainly going to want to have and we’re going to have to take a look at the big picture as well.”

Levin, who is 75, has asked Alberta’s Court of Appeal for a new trial on his earlier conviction­s and has remained free on bail.

Parker said a new trial date could be set on May 9, but a decision to go ahead could depend on what the Appeal Court decides.

The original allegation­s against Levin came to light in 2010 after one of his patients came forward with secret videos he had recorded during court-ordered sessions with the psychiatri­st.

The patient was on probation at the time the videos were taken and had been ordered to see Levin twice a month.

The man said he had told authoritie­s about previous assaults and no one believed him, so he bought a spy camera and brought it to his appointmen­ts.

 ?? JEFF MCINTOSH/THE CANADIAN PRESS ?? Aubrey Levin, left, with his wife Erica outside court in 2012.
JEFF MCINTOSH/THE CANADIAN PRESS Aubrey Levin, left, with his wife Erica outside court in 2012.

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