SAN FRANCISCO (AP) — Disgraced Theranos CEO Elizabeth Holmes requested a brand new trial Tuesday, asserting in a court docket submitting {that a} key witness for the prosecution now regrets the position he performed in her conviction for investor fraud and conspiracy associated to her failed blood-testing startup.
The petition facilities on the reliability of testimony supplied by former Theranos lab director Adam Rosendorff, who stated he repeatedly raised considerations concerning the accuracy of bloods assessments that have been being administered to sufferers throughout his tenure in 2013 and 2014.
Prosecutors highlighted Rosendorff’s testimony throughout their closing arguments to a jury that convicted Holmes on 4 felony counts of investor fraud and conspiracy earlier this yr after a virtually four-month trial. The identical jury acquitted Holmes on expenses of fraud and conspiracy in opposition to sufferers who had their blood examined by Theranos.
Rosendorff, reached through LinkedIn, stated he had no remark, including “Don’t contact me.”
Holmes, 38, is presently free on bail, however is dealing with as much as 20 years in jail at a sentencing listening to scheduled for Oct. 17 in San Jose, California.
Her legal professionals argued in a 17-page submitting that Rosendorff is now expressing misgivings about his testimony, based mostly on latest actions described within the court docket doc.
The submitting states that Rosendorff appeared on the residence Holmes shares along with her companion, William Evans, on the night of August 8 in an try to satisfy along with her. Evans intercepted Rosendorff, in accordance with the doc, and requested him to depart.
Earlier than departing, in accordance with the submitting, Rosendorff instructed Evans that in his trial testimony “he tried to reply the questions actually however that the prosecutors tried to make everybody look unhealthy” and now seems like “he had completed one thing fallacious.” Earlier than he appeared at Holmes’ residence, the doc stated, Rosendorff left a 30-second voicemail for one in all her legal professionals asking for a face-to-face assembly with Holmes as a result of he thought it may very well be “fairly therapeutic” for each of them.
Of their submitting, Holmes legal professionals stated they’d not been capable of ask Rosendorff for additional details about his reflections on his trial testimony for moral causes. The legal professionals proposed an Oct. 3 listening to to debate why they consider Rosendorff’s latest actions advantage a brand new trial.
Additionally on Tuesday, U.S. District Choose Edward Davila formally rejected a request to put aside the jury’s verdicts in Holmes’ trial. Davila’s determination cited Rosendorff’s testimony in help of his ruling.
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