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SAN JOSE (California) — The fifth week of Elizabeth Holmes’s trial, in which she is accused of founding the blood-testing company Theranos, provided only short flashes of excitement among lengthy periods of technical boredom.
Ms. Holmes is charged with 12 counts of fraud for her part in helping to develop Theranos into a $9 billion business that went bankrupt when it was discovered that its blood tests were ineffective. She has pled not guilty, and if found guilty, she may face a sentence of up to 20 years in prison.
The trial has become a media spectacle due to Ms. Holmes’s image as a tech and business prodigy, as well as the strong curiosity in her collapse. However, after a month, the case’s intricacy, which depends on whether Ms. Holmes meant to deceive investors, has started to drag.
The trial is normally held three days a week, but Friday’s session was canceled due to Columbus Day. The following are some key takeaways from the week.
Adam Rosendorff, who served as Theranos’ lab director between 2013 and 2014, testified for six days on the company’s inner workings. Jurors’ eyes glazed over as they heard about Immulite reagents, Advia machines, immunoassays, Vacutainers, and a slew of abbreviations like Q.C. and H.C.G. (a hormone test).
As attorneys from both sides sparred over whether Dr. Rosendorff could be questioned about inquiries that occurred at businesses he worked for after Theranos, even Judge Edward Davila, who is known for his quiet and aristocratic demeanor, showed signs of impatience. Judge Davila said that the defense had already had four days to find holes in Dr. Rosendorff’s testimony.
Despite the tediousness of his evidence, Dr. Rosendorff was crucial to the prosecution’s case. He reported many instances of abnormal and incorrect findings in Theranos’ blood tests, which he said made him uneasy and eventually led to his departure. He quit because he “wanted to join a respectable business whose purpose I believed in,” according to him.
Ms. Holmes’ lawyer, Lance Wade, challenged Dr. Rosendorff’s evidence by muddying the story. Dr. Rosendorff did not flinch when Mr. Wade said Theranos’ first offers were only a “soft launch” for friends and family, downplaying any problems with the blood tests. He said, “Those are patients.”
Mr. Wade said, “It was a soft launch for friends and family.”
Dr. Rosendorff said, “It was a patient launch.”
The Elizabeth Holmes Trial’s Who’s Who
Erin Woo is a reporter based in San Jose, California.
The Elizabeth Holmes Trial’s Who’s Who
Erin Woo is a reporter based in San Jose, California.
The New York Times’ Carlos Chavarria
Elizabeth Holmes, the discredited founder of the blood-testing company Theranos, is charged with two charges of wire fraud conspiracy and ten counts of wire fraud.
Here are some of the case’s main players:
The Elizabeth Holmes Trial’s Who’s Who
Erin Woo is a reporter based in San Jose, California.
Reuters/Stephen Lam
As a 19-year-old Stanford dropout, Holmes started Theranos in 2003. She became the world’s youngest millionaire after raising $700 million from investors, but she has been accused of lying about how effectively Theranos’ technology performed. She has entered a not guilty plea.
The Elizabeth Holmes Trial’s Who’s Who
Erin Woo is a reporter based in San Jose, California.
courtesy of Getty Images/Justin Sullivan
Sunny, Ramesh Balwani, was the president and chief operational officer of Theranos from 2009 to 2016, and he had a love connection with Holmes. He’s also been charged with fraud and may go on trial next year. He has entered a not guilty plea.
The Elizabeth Holmes Trial’s Who’s Who
Erin Woo is a reporter based in San Jose, California.
The New York Times’ Jefferson Siegel
David Boies, a well-known litigator, was Theranos’ lawyer and served on its board of directors.
He attempted to silence critics of the company’s business methods, including whistleblowers and media.
The Elizabeth Holmes Trial’s Who’s Who
Erin Woo is a reporter based in San Jose, California.
Getty Images
Journalist John Carreyrou exposed Theranos’ deceptive activities in his articles.
His reporting for The Wall Street Journal contributed to Theranos’ demise.
The Elizabeth Holmes Trial’s Who’s Who
Erin Woo is a reporter based in San Jose, California.
Getty Images/Jeff Kravitz/FilmMagic
Former Theranos workers Tyler Shultz and Erika Cheung were whistle-blowers. In 2013 and 2014, they worked at the start-up.
Shultz is the grandson of former Secretary of State George Shultz, who served on the Theranos board of directors.
The Elizabeth Holmes Trial’s Who’s Who
Erin Woo is a reporter based in San Jose, California.
The New York Times’ Eric Thayer
A former four-star general, James Mattis, served on Theranos’ board of directors.
He then became Secretary of Defense under President Donald J. Trump.
The Elizabeth Holmes Trial’s Who’s Who
Erin Woo is a reporter based in San Jose, California.
The lawsuit will be overseen by Edward Davila, a federal judge in the Northern District of California.
Holmes’ main lawyer is Kevin Downey, a partner at the Washington law firm Williams & Connolly.
The government’s prosecution will be led by Robert Leach, an assistant US attorney for the Northern District of California, and other prosecutors from the US attorney’s office.
More about Elizabeth Holmes may be found here:
30th of August, 2021
1st of 9 items
The jury was overworked.
Judge Davila brought a juror into the courtroom on Wednesday morning before the proceedings to discuss Buddhism. The juror, an older Asian woman, expressed her dissatisfaction with the proceedings. She stated it would be difficult for her to vote to condemn Ms. Holmes since her Buddhist practice is based on compassion and forgiveness. The jury said that she was unable to obey the judge’s orders to refrain from considering punishment.
“What if she had to stay in there for a long time?” she wondered, her voice cracking. The juror said that she would hold herself responsible.
Both sides’ lawyers agreed to dismiss her.
A young lady serving as a substitute juror had her own worries. She said that English was not her native tongue. She remarked of Ms. Holmes, “It’s her future.” “I’m afraid I’m going to make a mistake.”
The juror said that she has followed all of the events thus far. Judge Davila refused to let her go.
Keeping the jury together throughout the four-month trial is a major concern. After discovering that her employer would not pay her for the time away, a juror was fired after the first week. Judge Davila has questioned the jurors whether they have been exposed to any media news that may influence their opinions every day.
A pandemic is also a possibility. Despite the fact that all jurors are vaccinated and wear masks, one day of the trial has already been canceled due to a juror’s possible coronavirus exposure.
There are still three alternative jurors available.
The former CEO of Safeway started his testimony.
On Wednesday, Steve Burd, the former CEO of Safeway, started recounting the tale of how the company’s relationship with Theranos fell apart.
Mr. Burd first met Ms. Holmes in 2011 and was blown away. He testified that he was eager to introduce quick and inexpensive blood testing to Safeway’s grocery shops because of the promises she had made about Theranos’ technology. People may go grocery shopping and pick up their medications at Safeway pharmacies while they awaited their findings, he added.
Safeway agreed to put up as much as $85 million into Theranos via investments, equipment purchases, and other means. Mr. Burd described the talks as “unique” since they were conducted directly with Ms. Holmes without the presence of a lawyer.
Next week, he will resume his testimony.
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