Dr. James Heaps, 66, has been behind bars since he was convicted last Oct. 20 on three counts of sexual battery by fraud and two counts of sexual penetration of an unconscious person.
BURBANK — A judge Wednesday denied a request for a new trial for a former UCLA campus gynecologist who wasinvolving two patients, clearing the way for his sentencing to proceed Wednesday afternoon.
Superior Court Judge Michael Carter heard arguments Wednesday morning from attorneys representing Dr. James Mason Heaps, asking that he be granted a new trial. They argued in part that Heaps received ineffective assistance from his trial attorney, most notably in the decision not to have Heaps testify in his own defense.Heaps, 66, has been behind bars since he was convicted last Oct.
The judge declared a mistrial on the remaining nine counts — three counts of sexual battery by fraud, four counts of sexual penetration of an unconscious person and two counts of sexual exploitation of a patient. It was still unclear if prosecutors plan to retry Heaps on those counts.At a hearing in February, the judge rejected a defense bid to release Heaps on bail while he was awaiting sentencing.
“He intends to be here,” one of his attorneys, Tracy Green, said then of Heaps. “… He isn’t going anywhere. … He’s not the type of person to run away from his problems.”
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