This post was updated Sept. 4 at 10:42 p.m.
BURBANK – The Los Angeles District Attorney’s office announced Monday that it intends to try the hung counts remaining against former UCLA gynecologist James Heaps.
Prosecuting attorney Danette Meyers informed Judge Michael D. Carter and the defense that the LA District Attorney’s office decided last week to retry the nine deadlocked charges from Heaps’ trial last year. The hung counts are 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.
On April 26, Heaps was sentenced to 11 years in state prison after he was found guilty in October on three counts of sexual battery by fraud and two counts of sexual penetration of an unconscious person. He was found not guilty on seven counts, including three counts of sexual battery by fraud, three counts of sexual penetration of an unconscious person and one count of sexual exploitation of a patient.
[Related link: Former UCLA Health gynecologist James Heaps sentenced to 11 years in prison]
The court will reconvene Oct. 25 to hear arguments on whether the hung counts should be allowed to proceed to retrial.
If Carter grants the retrial, Heaps has the right to a trial within 45 days.
The court postponed the restitution hearing planned for Monday – a hearing to decide fines paid to a victim based on expenses related to the trial – until a new date agreed to during the proceedings on Oct. 25.
Heaps’ attorney Tracy Green said they are still waiting on the California Courts of Appeal to file the needed transcripts to appeal the guilty counts.
