"A three-justice panel from California's 2nd District Court of Appeal ruled Dr. James Heaps was denied a fair trial because the judge did not share with his defense counsel a note by the court's foreman pointing out concerns that one juror lacked sufficient English to carry out their duties. RELATED: UC system to pay $246 million more for sexual-misconduct allegations tied to ex-UCLA gynecologist"
"Heaps' attorney, Leonard Levine, said he and his team were not aware of the note or that there was any question about a juror's ability to serve until two years later when an attorney working on an appeal discovered it in a court file. If the attorney had not seen it, it still would have remained a secret, which is very unfortunate since it would have been a miscarriage of justice, but thankfully it's been corrected, Levine said."
A California appellate panel reversed the conviction of former UCLA gynecologist Dr. James Heaps and ordered a new trial after finding he was denied a fair trial when a judge did not disclose a foreman's note expressing concern that a juror lacked sufficient English. Defense counsel only learned of the note two years later when it was discovered in a court file during appeal work. Heaps had been sentenced in 2023 to 11 years following convictions on counts including sexual battery by fraud and sexual penetration. He faced 21 felony counts; jurors acquitted him on some counts and deadlocked on others. Heaps was accused of assaulting hundreds of patients over a 35-year career, and UCLA paid nearly $700 million in related settlements.
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