Dr. James Heaps, Former UCLA Gynecologist, Taken Into Custody On Bail Of $1.9 Million For Alleged Sexual Assault Of Patients
LOS ANGELES (CBSLA) - Former UCLA obstetrician-gynecologist Dr. James Heaps was taken into custody today in a Los Angeles courtroom on a 21-count indictment accusing the 64-year-old physician of sexually assaulting patients.
The doctor had been facing a total of 20 felony counts in a criminal complaint charging him with sexually assaulting seven patients between 2011 and 2018.
A grand jury handed down the latest indictment last Thursday, but it was announced on the day a preliminary hearing for Heaps was scheduled to begin. At least three women had been ready to testify against Heaps Monday, attorneys said, but the indictment eliminated the need for a preliminary hearing to assess evidence in advance of the trial.
Heaps had been free on bond, but was taken into custody on bail of $1.9 million, according to attorneys who represent hundreds of victims in a civil case against the doctor and UCLA.
The case has been moved to a downtown courtroom, a spokeswoman for the courts confirmed, and a pretrial hearing was scheduled for June 3.
According to attorneys handling the civil cases against Heaps, the latest indictment allows for a maximum sentence of 91 years, though the District Attorney's Office did not immediately confirm that calculation or the grand jury's findings.
Attorney's Darren Kavinoky and Jennifer McGrath said in a statement that they believe this indictment strengthens their clients' claims against Heaps and UCLA.
"This decision is one step closer to lifting the veil on UCLA's malfeasance, and that UCLA did nothing to protect patients after knowing and concluding that Dr. Heaps was a predator," the statement alleges.
Heaps initially charged in 2019 with two counts of sexual battery by fraud and one count of sexual exploitation of patients. Then last August, the criminal complaint was amended to add eight additional counts of sexual battery by fraud, two additional counts of sexual exploitation of a patient and seven counts of sexual penetration of a person unconscious of the nature of the act by fraudulent representation.
From 1983 to 2010, the physician worked part-time at UCLA's student health center. He was hired in 2014 by UCLA Health and held medical staff privileges at Ronald Reagan UCLA Medical Center from 1988 to 2018.
Two separate lawsuits were filed in Los Angeles Superior Court in July of 2019, the first on behalf of three women who were UCLA students at the time of the alleged assaults and the other on behalf of six women who were non-student patients at UCLA Medical Center.
The women allege that Heaps abused them by groping and fondling their breasts and inappropriately touching their private parts while ostensibly conducting examinations during visits spanning the years 1989 to 2017.
An earlier lawsuit filed against Heaps and the University of California Board of Regents by a then-44-year-old cancer patient alleged that during four visits ending in June 2017, Heaps abused his position of trust to improperly touch the unnamed plaintiff's genitals, fondle her breasts and squeeze her nipples under the guise of a medical examination.
The lawsuit further alleged that a UCLA nurse did nothing while in the examination room with Heaps and the woman during one visit while he abused the plaintiff. Instead of monitoring Heaps, the nurse walked to a computer and sat with her back turned to the doctor, according to the complaint, which alleges Heaps was allowed to "quietly resign" in 2018 after an internal investigation found he had violated the Regents' sexual misconduct policy.
In 2019, the UC Board of Regents paid $2.25 million to a woman who alleged that Heaps sexually assaulted her while he was practicing at UCLA and another $1.3 million to a UCLA nurse-practitioner who alleged sexual harassment and retaliation for her participation in UCLA internal investigations of Heaps.
In January, a federal judge gave preliminary approval of a civil, class-action settlement in which the University of California system agreed to pay $73 million to more than 5,500 women who were patients of Heaps.
The agreement requires the judge's final approval July 12, but at least 300 of Heaps' alleged victims have opted out of the settlement, which also requires UCLA to ensure stronger oversight procedures for identification, prevention and reporting of sexual misconduct.
The entirety of the $73 million would go toward compensating more than 5,500 women who received treatment from Heaps at either the Ronald Reagan UCLA Medical Center from 1986-2018, the school's student health center from 1983-2010 or Heaps' university medical office from 2014-18.
The behavior alleged in the lawsuit includes sexual abuse during examinations, recommending unnecessary procedures and overly frequent examinations to create additional opportunities for abuse, making inappropriate and sexually suggestive comments and removing patients' clothing or gowns without consent.
In March, USC agreed to pay more than $1.1 billion to former patients of ex-campus gynecologist George Tyndall, the largest sex abuse payout in higher education history. Tyndall -- the only full-time gynecologist at USC's student health clinic from 1989 until 2016 -- has pleaded not guilty to dozens of sexual assault charges and is awaiting trial.
(© Copyright 2020 CBS Broadcasting Inc. All Rights Reserved. City News Service contributed to this report.)