Disgraced Theranos CEO Elizabeth Holmes requested a new trial on Tuesday, claiming in a court document that a crucial prosecution witness has changed his mind about his part in her conviction for conspiracy and investment fraud in connection with her failing blood-testing firm.
The AP: SAN FRANCISCO Elizabeth Holmes, the disgraced CEO of Theranos, asked for a new trial on Tuesday, claiming in a court document that a crucial prosecution witness had changed his mind about his part in her conviction for conspiracy and investment fraud in connection with her failing blood-testing business.
The petition focuses on the validity of testimony given by Adam Rosendorff, a former Theranos lab director, who said he routinely voiced concerns about the accuracy of blood tests being given to patients in 2013 and 2014.
In its closing statements to the jury that earlier this year found Holme guilty on four felony counts of conspiracy and investment fraud following a nearly four-month trial, the prosecution emphasized Rosendorff's testimony. The same jury cleared Holmes on charges of fraud and collusion against Theranos's customers who had their blood analyzed.
When contacted via LinkedIn, Rosendorff replied he had nothing to say and asked that others not get in touch.
Holmes, 38, is presently out on bail but faces a sentencing hearing on October 17 in San Jose, California, where he could be sentenced to up to 20 years in jail.
Based on subsequent activities mentioned in the court document, Rosendorff is now voicing doubts about his testimony, according to a 17-page file by her attorneys.
According to the documentation, Rosendorff attempted to meet with Holmes on August 8 by showing up at the house she and her partner, William Evans, share. According to the affidavit, Evans stopped Rosendorff and told him to go.
In the document, Rosendorff is quoted as saying to Evans that he felt "he had done something wrong" during his trial evidence even though "he tried to answer the questions honestly" and that "the prosecution wanted to make everyone appear terrible." According to the affidavit, Rosendorff requested analyzedace-to-face contact with Holmes in a 30-second message to one of her attorneys before showing up at her home because he believed it would be "very restorative" for both of them.
The attorneys for Holmes claimed in their filing that they were unable to speak with Rosendorff about his thoughts on his testimony at trial due to ethical concerns. The attorneys suggested a hearing on October 3 to explain why they think Rosendorff's recent actions call for a fresh trial.
A request to have the jury's verdicts in Holmes' trial set aside was formally rejected by U.S. District Judge Edward Davila on Tuesday. In his ruling, Davila used Rosendorff's testimony as evidence.
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