An attorney for a former UCLA campus gynecologist urged jurors Tuesday to acquit his client of charges that he sexually abused seven female patients, contending the evidence establishes that he is “innocent,” while a prosecutor called the allegations “serious crimes” and said the case had been proven beyond a reasonable doubt.
James Mason Heaps, now 65, is 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 stem from alleged crimes between 2009 and 2018 involving seven of his former patients.
“This is a case of words,” defense attorney Leonard Levine said in his closing argument. “All you’ve got is the testimony of these seven patients.”
Levine questioned how his client should defend himself against the alleged victims’ claims years later that he performed examinations in a “sexual way.”
Heaps’ lawyer — who has maintained that his client performed the examinations for a “legitimate medical purpose” — countered that the jury’s verdict “should be not guilty in this case.”
“I can explain to you as to why the evidence in this case does not establish anywhere close to the fact that Dr. Heaps is guilty of these charges. It establishes, really, that he is innocent,” Levine told jurors.
Deputy District Attorney Danette Meyers countered that Heaps had abused his position of trust.
“These are serious crimes,” the prosecutor said in her closing argument Tuesday. “… We have proven our case beyond a reasonable doubt.”
At the start of her closing argument Monday, 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 said the alleged victims didn’t know each other and had just two things in common — a medical issue and the defendant.
“They were vulnerable … They put their trust in the defendant,” Meyers told the panel.
Judge Michael Carter is set to hand jurors the case on Wednesday morning after they hear the end of Levine’s closing argument, along with a rebuttal argument from Deputy District Attorney Rosa Zavala.
Heaps served as a gynecologist/oncologist, affiliated with UCLA, for nearly 35 years. At various times, he saw patients at the Ronald Reagan UCLA Medical Center and at his office at 100 Medical Plaza.
At one time, Heaps 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, 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, and 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. 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 suits.
UCLA issued a statement in May saying, “This agreement, combined with earlier settlements involving other plaintiffs, resolves the vast majority of the claims alleging sexual misconduct by James Heaps, a former UCLA Health physician.
“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.
“We are dedicated to providing the highest quality care that respects the dignity of every patient. We are taking all necessary steps to ensure our patients’ well-being in order to maintain the public’s confidence and trust.”
The university outlined a series of measures undertaken to bolster student and patient safety. It also noted that the settlement “will not impact UCLA’s teaching, research and service, including patient care, student life and campus activities. It will be covered by the UC systemwide insurance and risk financing program. Any additional required resources will be provided by UCLA Health and campus operating revenue.”
Settlement of the federal case last year required UCLA to ensure stronger oversight procedures for identification, prevention and reporting of sexual misconduct.
The federal lawsuits alleged that while patients complained about Heaps years earlier, it was not until late 2017 that allegations of sexual misconduct by the gynecologist were reported to UCLA’s Title IX office and a formal investigation was opened.
Heaps was allowed to continue seeing patients — both during the investigation and after UCLA informed Heaps that his contract would not be renewed when it expired on June 30, 2018.
UCLA ended 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. Following his arrest, many more women came forward to report alleged sexual misconduct. In August 2020, Heaps was charged with additional felonies.
In March 2021 in a similar case, 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 the student health clinic from 1989 until 2016 — has pleaded not guilty to dozens of sexual assault charges.