Elizabeth Holmes asked for a new trial Tuesday, claiming in a court filing that a key prosecution witness now regrets the role he played in her conviction for investor fraud and conspiracy related to Theranos, her failed blood-testing startup.
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 administered to patients during his tenure in 2013 and 2014. It is typical for defendants to file motions for a new trial after a guilty verdict.
Holmes, 38, was convicted of four counts of investor fraud and conspiracy earlier this year after a nearly four-month trial. The former CEO is currently out on bail but faces up to 20 years in prison at a sentencing hearing scheduled for October 17, 2022 in San Jose, California.
When The Associated Press reached out to the former lab director via LinkedIn, he declined to comment, adding: “Don’t contact me.
The defendant’s lawyers argued in a 17-page filing that Rosendorff is now expressing doubts about his testimony based on recent actions described in the court document. They said that on the evening of August 8, 2022, Rosendorff appeared at Holmes’ stock home with her partner, William Evans, in an attempt to meet with her. Evans intercepted Rosendorff and asked him to leave, according to the document.
Before leaving, according to the filing, Rosendorff told Evans that during his court testimony he “tried to answer the questions honestly, but the prosecutors tried to make everyone look bad” and now felt he “did something wrong.”
Before he showed up at Holmes’ residence, the document says, Rosendorff left a 30-second voicemail with one of her lawyers asking for a one-on-one meeting with Holmes because she thought it might be “quite healing” for both of them. .
Holmes’ lawyers said in their filing that for ethical reasons they could not ask Rosendorff for more information about his thoughts on his trial testimony. Attorneys have scheduled an Oct. 3 hearing to discuss why they believe Rosendorff’s recent actions merit a new trial.
Also Tuesday, U.S. District Judge Edward Davila formally denied a request to overturn the jury verdicts in Holmes’ trial. Davila’s decision cited Rosendorff’s testimony in support of his decision.
Holmes’ trial, which took place in 2021, centered on allegations that the former executive knowingly defrauded investors and patients of her Theranos blood testing firm. Holmes claimed that her technology could be used to perform hundreds of medical tests using just a drop of blood, a claim that was later shown to be false.
Throughout the saga, Holmes said she did not know the extent to which the lab tests had failed, a claim that was challenged by Rosendorff’s testimony. Holmes also claimed her former romantic and business partner Sunny Balwani was abusive and influenced her fraudulent claims, allegations he denied.
Balwani faced his own trial this year on similar charges. He was convicted on all 12 counts and will be sentenced on November 15.
The Associated Press contributed to this report.
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