UPDATE
Nov 8, 2022 11:35 AM CST
Elizabeth Holmes will be sentenced Nov. 18 after a federal judge on Monday denied her request for a new trial. US District Judge Edward Davila found that the Theranos founder's motions for a new trial did not contain material new evidence or establish government misconduct. Davila postponed Holmes' original Oct. 17 sentencing date in order to bring former Theranos lab director Adam Rosendorff back to court three weeks ago. When he took the stand again, Rosendorff confirmed he tried to visit Holmes at her home, but only as part of an effort to gain closure for a traumatic period in his life. He emphasized he stood by all his trial testimony and added he believed it was time for Holmes "to pay her debt to society." Her lawyers had argued Rosendorff tried to visit her to voice misgivings about his original testimony, reports the AP.
Sep 7, 2022 2:34 AM CDT
Disgraced Theranos CEO Elizabeth Holmes requested a new trial Tuesday, asserting in a court filing that a key witness for the prosecution now regrets the role he played in her conviction for investor fraud and conspiracy related to her failed blood-testing startup, the AP reports. The petition centers on the reliability of testimony provided by former Theranos lab director Adam Rosendorff, who said he repeatedly raised concerns about the accuracy of blood tests that were being administered to patients during his tenure in 2013 and 2014. Prosecutors highlighted Rosendorff's testimony during their closing arguments to a jury that convicted Holmes on four felony counts of investor fraud and conspiracy earlier this year after a nearly four-month trial. The same jury acquitted Holmes on charges of fraud and conspiracy against Theranos patients.
Her lawyers argued in a 17-page filing that Rosendorff is now expressing misgivings about his testimony, based on recent actions described in the court document. The filing states that Rosendorff appeared at the home Holmes shares with her partner, William Evans, on the evening of August 8 in an attempt to meet with her. Evans intercepted Rosendorff, according to the document, and asked him to leave. Before departing, according to the filing, Rosendorff told Evans that during his trial testimony “he tried to answer the questions honestly but that the prosecutors tried to make everyone look bad" and now feels like “he had done something wrong."
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Before he appeared at Holmes' residence, the document said, Rosendorff left a 30-second voicemail for one of her lawyers asking for a face-to-face meeting with Holmes because he thought it could be “quite healing” for both of them. In their filing, Holmes' lawyers said they had not been able to ask Rosendorff for further information about his reflections on his trial testimony for ethical reasons. The lawyers proposed an Oct. 3 hearing to discuss why they believe Rosendorff's recent actions merit a new trial. Also on Tuesday, US District Judge Edward Davila formally rejected a request to set aside the jury's verdicts in Holmes' trial. Holmes, 38, is currently free on bail, but is facing up to 20 years in prison at a sentencing hearing scheduled for Oct. 17 in San Jose, California.
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