News

Former Theranos CEO Elizabeth Holmes asks for new trial

Attorneys cite visit to her home by chief prosecution witness who had alleged misgivings about his testimony

Elizabeth Holmes, former CEO of Theranos, arrives at the federal courthouse in San Jose, Calif., on Oct. 1, 2021. Courtesy Harika Maddala/Bay City News Service.

Attorneys for Elizabeth Holmes, the former Theranos CEO convicted of defrauding investors earlier this year, have asked a federal judge for a new trial after a prosecution witness showed up at Holmes' home, according to court documents filed in U.S. District Court in San Jose.

The petition to the court for the Northern District of California, which was filed on Tuesday by Holmes' attorneys, is the latest twist in a storied case that found Holmes and former Theranos Chief Operating Officer Ramesh "Sunny" Balwani guilty of multiple felonies in a fraud that purported to accurately test blood from a drop taken from patients.

In separate trials, a jury found Holmes guilty of four counts for defrauding investors of nearly $145 million through Theranos, a failed Palo Alto blood-testing startup, on Jan. 3. Balwani was convicted of 12 counts of wire fraud and conspiracy to commit wire fraud on July 7. He is scheduled to be sentenced Nov. 15; Holmes is scheduled for sentencing on Oct. 17.

Holmes' attorneys are now asking for an Oct. 3 hearing regarding newly discovered evidence related to Dr. Adam Rosendorff, a key prosecution witness at Holmes' trial, or alternatively, for an evidentiary hearing.

Rosendorff allegedly left a voicemail message for one of Holmes' attorneys, Lance Wade, on Aug. 8 asking to meet with Holmes, according to the court filing. Wade didn't

Help sustain the local news you depend on.

Your contribution matters. Become a member today.

Join

respond to Rosendorff due to ethical restrictions on communicating with represented parties, according to the petition.

About an hour and 15 minutes later, after not hearing back from the attorney, Rosendorff allegedly appeared at Holmes' residence. Her partner, William Evans, answered the door. Rosendorff was reportedly trembling and had his cellphone open when he sought to speak to Holmes, but Evans told him he had to leave. Rosendorff attempted to leave but drove his car in the wrong direction.

When Evans stopped him to give him directions, Rosendorff indicated he had misgivings regarding his testimony, according to the court filing. He allegedly stated during two short conversations that he tried to answer the questions honestly at Holmes' trial. He wanted to talk to Holmes and he thought a conversation with her would be "healing" for both of them. They were young at the time of the events; these concerns were weighing on him to the point where he had difficulty sleeping, according to the petition for the hearing.

Rosendorff was Theranos' laboratory director from April 2013 to November 2014. He was responsible for validating blood tests before they could be used on patients and negating tests if the results seemed inaccurate, ensuring the lab was complying with federal regulations and communicating with doctors who had questions or concerns about the test results.

During the trial, he testified as an expert witness for the prosecution in late September and early October of 2021. He testified that he https://www.paloaltoonline.com/news/2021/09/28/threanos-lab-director-testifies-that-he-refused-to-spin-wonky-test-results felt pressured by management to defend laboratory tests that were inaccurate. The pushback caused him to leave Theranos, he said.

Stay informed

Get the latest local news and information sent straight to your inbox.

Stay informed

Get the latest local news and information sent straight to your inbox.

Holmes' attorneys sought to demolish his credibility, and throughout the trial raised questions that prosecutors were only showing Rosendorff and the jury selected documents. Defense attorneys caught him in a number of contradictory statements made during testimony at other hearings.

Federal trial Judge Edward Davila allowed the defense attorneys to question Rosendorff about PerkinElmer, his employer at the time of the Holmes trial, which was found in violation of Centers for Medicare & Medicaid Services regulations by the same inspectors who audited Theranos, according to news reports from the trial.

Davila said at the time that Rosendorff might have "a personal interest or bias" to avoid career consequences or liability, which could have "focused or shaped" his testimony in the Holmes case.

Holmes' attorneys are now returning to these problematic portrayals of Rosendorff's testimony in their request for a new trial, which they allege amounts to prosecutorial misconduct or bias. The government chose to "cherry pick" evidence they presented and misled the jury; if all of the evidence were presented, it would have resulted in an acquittal for Holmes, they claimed.

The U.S. Attorney's Office could not immediately be reached for comment.

Sue Dremann
 
Sue Dremann is a veteran journalist who joined the Palo Alto Weekly in 2001. She is a breaking news and general assignment reporter who also covers the regional environmental, health and crime beats. Read more >>

Follow Mountain View Voice Online on Twitter @mvvoice, Facebook and on Instagram @mvvoice for breaking news, local events, photos, videos and more.

Stay informed on important crime news. Sign up for our FREE daily Express newsletter.

Former Theranos CEO Elizabeth Holmes asks for new trial

Attorneys cite visit to her home by chief prosecution witness who had alleged misgivings about his testimony

by / Palo Alto Weekly

Uploaded: Wed, Sep 7, 2022, 9:42 am

Attorneys for Elizabeth Holmes, the former Theranos CEO convicted of defrauding investors earlier this year, have asked a federal judge for a new trial after a prosecution witness showed up at Holmes' home, according to court documents filed in U.S. District Court in San Jose.

The petition to the court for the Northern District of California, which was filed on Tuesday by Holmes' attorneys, is the latest twist in a storied case that found Holmes and former Theranos Chief Operating Officer Ramesh "Sunny" Balwani guilty of multiple felonies in a fraud that purported to accurately test blood from a drop taken from patients.

In separate trials, a jury found Holmes guilty of four counts for defrauding investors of nearly $145 million through Theranos, a failed Palo Alto blood-testing startup, on Jan. 3. Balwani was convicted of 12 counts of wire fraud and conspiracy to commit wire fraud on July 7. He is scheduled to be sentenced Nov. 15; Holmes is scheduled for sentencing on Oct. 17.

Holmes' attorneys are now asking for an Oct. 3 hearing regarding newly discovered evidence related to Dr. Adam Rosendorff, a key prosecution witness at Holmes' trial, or alternatively, for an evidentiary hearing.

Rosendorff allegedly left a voicemail message for one of Holmes' attorneys, Lance Wade, on Aug. 8 asking to meet with Holmes, according to the court filing. Wade didn't

respond to Rosendorff due to ethical restrictions on communicating with represented parties, according to the petition.

About an hour and 15 minutes later, after not hearing back from the attorney, Rosendorff allegedly appeared at Holmes' residence. Her partner, William Evans, answered the door. Rosendorff was reportedly trembling and had his cellphone open when he sought to speak to Holmes, but Evans told him he had to leave. Rosendorff attempted to leave but drove his car in the wrong direction.

When Evans stopped him to give him directions, Rosendorff indicated he had misgivings regarding his testimony, according to the court filing. He allegedly stated during two short conversations that he tried to answer the questions honestly at Holmes' trial. He wanted to talk to Holmes and he thought a conversation with her would be "healing" for both of them. They were young at the time of the events; these concerns were weighing on him to the point where he had difficulty sleeping, according to the petition for the hearing.

Rosendorff was Theranos' laboratory director from April 2013 to November 2014. He was responsible for validating blood tests before they could be used on patients and negating tests if the results seemed inaccurate, ensuring the lab was complying with federal regulations and communicating with doctors who had questions or concerns about the test results.

During the trial, he testified as an expert witness for the prosecution in late September and early October of 2021. He testified that he https://www.paloaltoonline.com/news/2021/09/28/threanos-lab-director-testifies-that-he-refused-to-spin-wonky-test-results felt pressured by management to defend laboratory tests that were inaccurate. The pushback caused him to leave Theranos, he said.

Holmes' attorneys sought to demolish his credibility, and throughout the trial raised questions that prosecutors were only showing Rosendorff and the jury selected documents. Defense attorneys caught him in a number of contradictory statements made during testimony at other hearings.

Federal trial Judge Edward Davila allowed the defense attorneys to question Rosendorff about PerkinElmer, his employer at the time of the Holmes trial, which was found in violation of Centers for Medicare & Medicaid Services regulations by the same inspectors who audited Theranos, according to news reports from the trial.

Davila said at the time that Rosendorff might have "a personal interest or bias" to avoid career consequences or liability, which could have "focused or shaped" his testimony in the Holmes case.

Holmes' attorneys are now returning to these problematic portrayals of Rosendorff's testimony in their request for a new trial, which they allege amounts to prosecutorial misconduct or bias. The government chose to "cherry pick" evidence they presented and misled the jury; if all of the evidence were presented, it would have resulted in an acquittal for Holmes, they claimed.

The U.S. Attorney's Office could not immediately be reached for comment.

Comments

Johnny Yuma
Registered user
Blossom Valley
on Sep 7, 2022 at 7:59 pm
Johnny Yuma, Blossom Valley
Registered user
on Sep 7, 2022 at 7:59 pm

Holmes better a find a babysitter for several years…


Don't miss out on the discussion!
Sign up to be notified of new comments on this topic.

Post a comment

In order to encourage respectful and thoughtful discussion, commenting on stories is available to those who are registered users. If you are already a registered user and the commenting form is not below, you need to log in. If you are not registered, you can do so here.

Please make sure your comments are truthful, on-topic and do not disrespect another poster. Don't be snarky or belittling. All postings are subject to our TERMS OF USE, and may be deleted if deemed inappropriate by our staff.

See our announcement about requiring registration for commenting.