By TERRI VERMEULEN KEITH
BURBANK — A judge Wednesday denied a request for a new trial for a former UCLA campus gynecologist who was convicted of sex-related charges involving 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.
Carter ultimately rejected the motion. Heaps is scheduled to be sentenced Wednesday afternoon.
Heaps, 66, has been behind bars since he was convicted last Oct. 20 by a downtown Los Angeles jury on three counts of sexual battery by fraud and two counts of sexual penetration of an unconscious person. Those charges involved two patients, with jurors finding that those victims were particularly vulnerable and that Heaps had abused a position of trust.
The charges carry a potential sentence of up to 13 years in state prison.
Heaps was acquitted of three counts each of sexual penetration of an unconscious person and sexual battery by fraud, and one count of sexual exploitation of a patient — with those charges involving two other patients.
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.
Heaps was indicted in May 2021 on charges involving the seven female patients.
At a hearing in February, the judge rejected a defense bid to release Heaps on bail while he was awaiting sentencing. The judge rejected the defense’s argument that Heaps does not present a flight risk and intended to show up for his sentencing at the Burbank courthouse, where Carter was…
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