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Deadlocked Jury Resumes Mail Fraud Deliberations : Trial: Jurors had reached a verdict on only one of 10 counts against ex-Tustin gynecologist Ivan C. Namihas.

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TIMES STAFF WRITER

A federal judge told jurors to continue deliberations Monday after they announced they could reach a verdict on only one of 10 mail fraud counts against former Tustin gynecologist Ivan C. Namihas.

The jury, which began deliberating Friday afternoon, told U.S. District Judge Linda H. McLaughlin on Monday afternoon that they were deadlocked on the other nine charges against the 62-year-old defendant.

But after conferring with attorneys, McLaughlin ordered the panel back into deliberations.

Namihas is charged with using the mail to defraud six patients and their insurance companies for more than $8,800 worth of unnecessary, expensive and painful laser surgery.

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The jurors did not reveal which count they were able to agree upon.

During a brief conference with the judge, Assistant U.S. Atty. Jonathan Shapiro asked that the jury be allowed to continue deliberating. Defense attorney Paul S. Meyer, however, told the judge that he was concerned that sending them back for more deliberations would “unduly influence” them.

At the end of the day, the jury still had not reached verdicts on the remaining nine counts and gave no further public updates about their progress. McLaughlin sent them home, telling them, “I know you are working very hard.”

The jury is expected to continue its deliberations today.

During the two-week trial, the six alleged victims testified they were told they were suffering from cancer, AIDS or venereal diseases that other doctors and tests later disputed.

Namihas denied on the witness stand that he had purposefully misdiagnosed or gave inappropriate treatment to patients. He said he told patients they had precancerous conditions, not cancer, and that the patients must have misunderstood him.

Namihas, who now lives in Las Vegas, was the subject of more than 160 sexual abuse complaints by former patients in 1992. The allegations led to the largest medical abuse investigation in California history and to the revocation of his license by the California Medical Board.

Prosecutors, however, did not press sexual assault charges against the doctor, saying that the statute of limitations had expired in most of the cases and that they lacked corroborating evidence.

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