Theranos
source link: https://finance.yahoo.com/news/theranos-founder-elizabeth-holmes-to-make-her-pitch-for-new-trial-134458088.html
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begin in the ongoing legal saga
Theranos founder Elizabeth Holmes to make her pitch for new trial
Convicted Silicon Valley entrepreneur Elizabeth Holmes is scheduled to make part of a last ditch effort for a new trial on Monday during a hearing in the San Jose federal district court where a jury in January convicted her of criminal fraud.
Criminal defense lawyers who talked with Yahoo Finance say Holmes' chance of securing a redo are slim— especially in the wake of a court document filed Wednesday by Dr. Adam Rosendorff the former laboratory director of her defunct blood-testing startup Theranos. His post-trial statements are at the center of Holmes' request.
“If Rosendroff testifies in the way he previewed in his motion...and the judge credits him, it’s over,” Andrey Spektor, a partner with the law firm Bryan Cave Leighton Paisner, said.
During Holmes’ trial, Rosendorff testified against his former boss, saying he felt pressured to rapidly expand Theranos’ blood-testing system, despite problems with its technology.
“I answered every question put to me completely, accurately, and truthfully to the best of my ability,” Rosendorff’s court filing states. “Nothing I have learned since giving my testimony has changed my recollection of the events I witnessed during my time at Theranos."
However, in asking the court for a new trial, Holmes contends that Rosendorff told a conflicting story to her partner Billy Evans.
According to Evans, Rosendorff sought out Holmes at the couple’s Woodside, California home on Aug. 8, seven months after Holmes' trial. In a conversation with Evans, Rosendorff allegedly said that government prosecutors made his testimony about conditions at Theranos seem worse than they actually were. Holmes argues that a mischaracterization of Rosendorff's testimony could justify retrying the case.
But in Rosendorff’s court filing, the former Theranos lab chief made it clear that he stands by his prior testimony—and that he visited the residence to forgive the 38-year-old Holmes, not to recant his statements under oath.
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