One Year Anniversary: Ex-UCLA Campus Gynecologist’s Case Finally Reaches Jury- Outcomes Anticipated

One Year Ago Today (October 4, 2022)…

An attorney for a former UCLA campus gynecologist urged jurors to acquit his client of charges that he sexually abused seven female patients. The attorney argued that the evidence establishes his client’s innocence. On the other hand, a prosecutor described the allegations as serious crimes and asserted that the case had been proven beyond a reasonable doubt.

James Mason Heaps, now 65, is currently on trial for nine counts each of sexual battery by fraud and penetration of an unconscious person by fraudulent representation, along with three counts of sexual exploitation of a patient.

The charges relate to alleged crimes that took place between 2009 and 2018 involving seven of his former patients.

“This is a case of words,” defense attorney Leonard Levine emphasized in his closing argument. “All you’ve got is the testimony of these seven patients.”

Levine questioned how his client could defend himself against the alleged victims’ claims, which were made years later, stating that he conducted the examinations in a “sexual way.”

Heaps’ lawyer, who asserted that the examinations were performed for a legitimate medical purpose, countered that the jury’s verdict should be “not guilty in this case.”

“I can explain to you why the evidence in this case does not establish anywhere close to the fact that Dr. Heaps is guilty of these charges. It actually establishes that he is innocent,” Levine confidently told the jurors.

Deputy District Attorney Danette Meyers countered that Heaps had abused his position of trust.

“These are serious crimes,” the prosecutor stated in her closing argument. “We have proven our case beyond a reasonable doubt.”

At the start of her closing argument, Meyers told the jury, “All doctors owe a fiduciary duty to their patients. They owe them that basic right. Instead of the defendant upholding his Hippocratic oath, he used his position as a doctor, as a specialist to sexually assault seven incredibly vulnerable women.”

The prosecutor remarked that the alleged victims didn’t know each other and only had two things in common: a medical issue and the defendant.

“They were vulnerable… They put their trust in the defendant,” Meyers told the jury panel.

Judge Michael Carter is set to hand the case to the jury on Wednesday morning after they hear the conclusion of Levine’s closing argument, as well as a rebuttal argument from Deputy District Attorney Rosa Zavala.

Heaps served as a gynecologist/oncologist affiliated with UCLA for nearly 35 years. He saw patients at the Ronald Reagan UCLA Medical Center and his office at 100 Medical Plaza.

At one point, Heaps was reportedly the highest paid physician in the UC system and had treated approximately 6,000 patients, according to attorneys involved in the case.

More than 500 lawsuits were filed against Heaps and UCLA, accusing the university of failing to protect patients after becoming aware of the misconduct.

In May, attorneys for 312 former patients of Heaps announced a $374 million settlement of abuse lawsuits against the University of California.

This settlement followed a $243.6 million resolution of lawsuits involving about 200 patients announced in February, as well as a $73 million settlement of federal lawsuits reached last year involving roughly 5,500 plaintiffs.

The lawsuits alleged that UCLA actively and deliberately concealed Heaps’ sexual abuse of patients. The suits claimed that UCLA continued to allow Heaps to have unfettered sexual access to female patients, many of whom were cancer patients, at the university.

In response to the settlement, UCLA issued a statement in May, acknowledging the reprehensible conduct alleged to have been committed by Heaps. The university expressed gratitude to those who came forward and hoped that the settlement would contribute to the healing process for the plaintiffs.

The university outlined a series of measures implemented to enhance student and patient safety. UCLA emphasized that the settlement would not impact its teaching, research, and service, including patient care, student life, and campus activities. The settlement will be covered by the UC systemwide insurance and risk financing program, with any additional required resources being provided by UCLA Health and campus operating revenue.

The settlement of the federal case last year required UCLA to establish stronger oversight procedures for identification, prevention, and reporting of sexual misconduct.

The federal lawsuits alleged that although patients had complained about Heaps years earlier, it wasn’t until late 2017 that allegations of sexual misconduct by the gynecologist were reported to UCLA’s Title IX office, leading to a formal investigation.

Heaps was allowed to continue seeing patients during and after the investigation, despite UCLA informing him that his contract would not be renewed after June 30, 2018.

UCLA terminated Heaps’ employment and notified law enforcement of the allegations against him on June 14, 2018.

Heaps was arrested in June 2019 and charged with multiple counts of sexual battery. After his arrest, numerous women came forward to report additional alleged sexual misconduct. In August 2020, Heaps faced additional felony charges.

In March 2021, in a similar case, USC agreed to pay over $1.1 billion to former patients of ex-campus gynecologist George Tyndall, marking the largest sex abuse payout in higher education history.

Tyndall, who was the only full-time gynecologist at the student health clinic from 1989 to 2016, has pleaded not guilty to multiple sexual assault charges.

Reference

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