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Wright said the question was not how many times Lefkovitch penetrated her but for what purpose.

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was a tactical decision that trial counsel was allowed to make, and to second guess it now is nothing more than Monday morning quarterbacking, Wright said.

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Wright said that although Vogel and Sandbach did not obtain the arrest record, the grand theft conviction had been expunged and would not have been admissible.

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can certainly see where reasonable minds might disagree on that and say the defense attorney should have gotten that report, Wright said. question then becomes: Was the defendant prejudiced as a result of that? . And I find it did not. said Vogel and Sandbach also failed to impeach the victim for inconsistent Nike Free Run 4.0 Mens Flyknit

defendant clearly lied to the police and presented noncredible testimony to this court, Wright said. is likely the jury would have done with the defendant testimony what I did with it . and that is to reject it as a whole. Nike Free Shoes Images District Attorney Cynthia Nguyen said she was pleased with Wright decision. She said the victims have been waiting for Lefkovitch to be sentenced.

statements she made during the trial about how many times Lefkovitch penetrated her.

Powell argued prosecutors failed to provide that other patient arrest record, including a grand theft conviction. Powell said Lefkovitch jury trial attorneys, Brian Vogel and Robert Sandbach, were ineffective in failing to request that record.

Lefkovitch, 58, appeared before Superior Court Judge Ryan Wright on Wednesday with attorney Steve Powell, who asked for a new trial on the grounds that the past defense attorneys were ineffective.

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Lefkovitch admitted he had a decade long affair with one patient, saying he did not know it was illegal, but he denied sexually assaulting the other patient.

Jurors in September found Lefkovitch guilty of three felony counts of sexual penetration of a female patient during a 2010 exam at his Arroyo Oaks Medical Group office. He also was convicted of misdemeanor sexual exploitation and sexual battery.

rejects new trial for Thousand Oaks doctor convicted of sex assault

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Powell also asked for a new trial on the grounds that Vogel and Sandbach advised Lefkovitch not to testify at his trial. Wright said Lefkovitch was clearly advised of his right to testify.

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