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Elizabeth Holmes appears in court for the first time in over a year

Elizabeth Holmes, the founder of Theranos Inc., has appeared in federal court in San Jose, California for the first time in over a year, working with a lawyer on what evidence a jury can hear in her criminal fraud trial. I attended a discussion among the prosecutors.

Holmes, who launched as a dropout at Stanford University in 2003, faces criminal accusations due to a failed blood test startup that ran until his dissolution in 2018. Prosecutors allege that she and former CEO Ramesh “Sunny” Balwani have deceived investors and patients. By promising the company’s blood testing technology, you will be able to do more than you really are.

Holmes’ lawyer alleges that the Federal District Attorney’s Office in Northern California filed a drastic proceeding on Tuesday, which prosecutors can present to the jury in a trial scheduled to begin in late August. Asked a federal judge to limit.

“This trial will be a vast mess of irrelevant and unfavorable evidence,” Holmes’ representative Williams & Connolly LLP partner Amy Saharia said in court.

The case wasn’t very widespread, and the indictment deceived Holmes by saying that the test was “accurate and reliable, even though the test wasn’t accurate and reliable,” said John Bostik, an assistant US prosecutor. He argued that he insisted.

The trial was postponed several times, initially due to a coronavirus pandemic, and more recently after Holmes told the court that she was due to give birth in July.

Holmes and Balwani will be tried separately after her conclusions, each pleading not guilty.

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Judge Edward Davila of the US District Court set aside three days this week, starting Tuesday, to discuss more than 20 motions on the jury being allowed to hear. The hearing is held directly in court, which is generally accessible only by phone, after several months of proceedings for a pandemic in effect.

Holmes’ lawyer said Tuesday that prosecutors had no scientific evidence that Theranos’s test was wrong, without the millions that Theranos produced during the years it was testing the blood of real patients. He insisted that he should not be able to choose bad results. ..

Theranos claims to be a company that can test a variety of health conditions by drawing blood from a finger puncture wound, but also used traditional intravenous blood draws tested on other companies’ machines, Saharia said Tuesday. I did.

Former Wall Street Journal investigative journalist John Kaleiro tells some of the more unusual experiences he experienced while unveiling the story of Theranos’ business practices. (Video from May 18, 2018)

Holmes is trying to prevent the government from calling patients and medical professionals as witnesses to talk about inaccurate test results received from the company. Her lawyer argues that there is no way to determine whether the wrong result is due to Theranos technology or other factors such as blood collectors.

Mr Saharia said the lack of scientific evidence from the prosecutor “leaded to a huge hole in the case.”

Her lawyer argued that Theranos could have been able to partially fill that hole using an internal database that recorded details about all test results.

The database is no longer accessible, and the reasons are fiercely contested by both parties, including the hearing on Tuesday. Government lawyers claimed that even if they had a database, the loss was not a significant flaw in building their proceedings, as there was no data field to indicate whether the test results were inaccurate. ..

“The test shows that there was a reliability problem,” says Bostic.

For example, presenting evidence from an obstetrician who was dissatisfied with Theranos’ pregnancy test is only part of what they show to the jury, Bostik said.

Other motions in question this week include a report by a prosecutor finding a problem with the Seranos Institute to a jury, information on Mr Holmes’ wealth, and a text message stating that the government had exchanged her with Mr. Balwani. I’m arguing if I can show a spreadsheet.

Prosecutors are set up to ask judges to allow evidence of the consequences of Theranos’ alleged actions, including the company’s receipt of neglected customer complaints.

Judge Davila said he would submit the first motion to the lawyer during the hearing and then submit further analysis in writing.

In one early opinion given Tuesday, Judge Davila said it would not prevent Mr Holmes from raising aspects of Silicon Valley culture as part of her defense. He cannot claim that the founder of the startup is often exaggerated to attract money, but determined that she was the only one charged with the action.

Write to Sara Randazzo at sara.randazzo@wsj.com

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Elizabeth Holmes appears in court for the first time in over a year

Source link Elizabeth Holmes appears in court for the first time in over a year

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