The California Second District Court of Appeal has overturned the 2022 conviction of former UCLA gynecologist James Heaps and ordered a retrial after finding defense attorneys were not informed about a juror note questioning one juror's English proficiency. Heaps had been sentenced in April 2023 to 11 years after convictions on five felony counts tied to alleged sexual abuse during medical exams. Prosecutors have 30 days to appeal; the Los Angeles County DA says it intends to retry Heaps. Civil suits against Heaps and UCLA produced nearly $700 million in settlements involving hundreds to thousands of claimants.
Appeals Court Overturns Conviction of Former UCLA Gynecologist James Heaps, Orders Retrial
File: Al Seib/Los Angeles Times/AP
A California appeals court has overturned the felony sex‑abuse conviction of former UCLA gynecologist James Heaps and ordered a new trial, finding that his attorneys were not informed about a juror concern that could have affected deliberations.
What the Court Found
A three‑justice panel of the California Second District Court of Appeal ruled on Monday, Feb. 2, that Los Angeles Superior Court Judge Michael Carter failed to notify counsel after the jury foreperson submitted a note raising doubts about one juror's English proficiency. Rather than alerting attorneys, the appeals court said, the judge sent a judicial assistant to speak with jurors — a move the panel found deprived Heaps of his constitutional right to counsel at a critical stage.
Acting Presiding Justice Helen I. Bendix wrote that, although retrial places burdens on witnesses and survivors, the constitutional right to counsel at key points in a criminal trial leaves the court no alternative.
Background Of The Case
Heaps was convicted by a jury in October 2022 on five felony counts — three counts of sexual battery by fraud and two counts of sexual penetration involving two patients — and was sentenced in April 2023 to 11 years in prison. Jurors acquitted him on seven other charges and deadlocked on remaining counts.
Multiple women testified during the trial that Heaps groped them, penetrated them with an ungloved hand and performed sexual stimulation under the guise of medical examinations. Heaps worked at UCLA Health and the David Geffen School of Medicine from 2014 to 2018.
Responses And Next Steps
Defense attorney Leonard Levine said the defense only learned about the juror note two years later when it surfaced in an appeals filing. Levine called its earlier concealment "a miscarriage of justice" and expressed confidence that Heaps will ultimately be exonerated.
The Los Angeles County District Attorney's Office said it plans to retry Heaps "as soon as possible." Prosecutors have 30 days to seek review of the appeals court's decision.
John Manly, an attorney who represented some of Heaps' former patients in a $243.6 million settlement with UCLA, condemned the ruling as an "indictment of California's criminal justice system," arguing it forces victims to endure another round of proceedings after a lengthy prosecution.
Civil Settlements And Institutional Response
More than 500 civil lawsuits were filed against Heaps and UCLA alleging the university failed to protect patients after learning of his conduct. Attorneys announced multiple settlements totaling nearly $700 million, including a $374 million agreement covering 312 claimants, a $243.6 million resolution involving about 200 patients, and a $73 million federal settlement tied to roughly 5,500 plaintiffs. Plaintiff attorneys say Heaps treated about 6,000 patients during his tenure.
UCLA issued a statement calling Heaps' conduct "reprehensible and contrary to our values," and thanked those who came forward.
The appeals court's ruling returns the criminal case to square one, requiring prosecutors and survivors to prepare for a retrial while underscoring the legal obligation to preserve defendants' constitutional rights at all trial stages.
Help us improve.
