Overview
- A three-judge panel of California’s 2nd District Court of Appeal reversed the case on Feb. 2 and sent it back for a new trial after the defense was not told of a foreperson’s note about a juror’s English proficiency and alleged pre-judgment.
- During deliberations, Judge Michael Carter directed his judicial assistant, Luis Corrales, to address the jury and speak with Juror No. 15 in Spanish, and those ex parte conversations were neither disclosed to counsel nor transcribed.
- The court held that the failure to inform counsel about the note and communications violated the Sixth Amendment right to counsel and that the state did not prove the error was harmless beyond a reasonable doubt.
- The Los Angeles County District Attorney’s office says it intends to retry Heaps as soon as possible, and prosecutors have 30 days to seek further review of the appellate decision.
- Heaps, 69, was convicted in 2022 on five counts, acquitted on seven, and faced a mistrial on nine, received an 11-year sentence in 2023, remains incarcerated in Soledad, and UCLA has paid roughly $690–$700 million to resolve hundreds of civil claims tied to his conduct.