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Judge approves ex-UCLA gynecologist retrial efforts on 9 remaining sex-related charges

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CBS News Los Angeles Live

A judge allowed the prosecution's request on Friday to retry former UCLA campus gynecologist James Heaps on nine remaining sex-related charges that he faces. The defense's motion to dismiss the deadlocked charges was denied.

Superior Court Judge Michael D. Carter said "This is a serious crime," adding that he believes both sides have a right to a final determination. 

Heaps, 67, was sentenced to 11 years in state prison after he was found guilty in October 2022  of charges involving two female patients -- three counts of sexual battery by fraud and two counts of sexual penetration of an unconscious person.

Jurors acquitted him of charges involving two other patients, and deadlocked on the other nine counts that involve four alleged victims, including one of the women named in a count on which he was convicted.

Deputy District Attorney Danette Meyers told the judge in August that the office's chief deputy advised her that the prosecution would be going forward with a retrial if the court agrees. She told the judge that she and colleague Rosa Zavala "may decide not to proceed on one or two of them, but definitely on the ones that hung 9-3 for guilt."

Heaps served as a gynecologist/oncologist, affiliated with UCLA, for nearly 35 years until he was ordered in 2019 to "cease and desist from the practice of medicine as a condition of bail," after he was first charged that year.

He was indicted in May 2021 on charges involving the seven female patients. He surrendered his medical license in March.

At one time, he was reportedly the highest paid physician in the UC system and had treated about 6,000 patients, attorneys said.

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

In May 2022, attorneys for 312 former patients of Heaps announced a $374 million settlement of abuse lawsuits against the University of California.

The settlement came on top of a $243.6 million resolution of lawsuits involving about 200 patients announced in February 2022, and a $73 million settlement of federal lawsuits previously reached involving roughly 5,500 plaintiffs.

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

UCLA issued a statement last year saying, "The conduct alleged to have been committed by Heaps is reprehensible and contrary to our values. We are grateful to all those who came forward, and hope this settlement is one step toward providing some level of healing for the plaintiffs involved."

The sides are due back in court Nov. 13 for a motion by the defense to continue the case.

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