The next step for Elizabeth Holmes: a bid for a new trial

On Monday, disgraced Theranos CEO Elizabeth Holmes will play one of her last cards to avoid prison time when a federal judge questions a key prosecution witness who expressed regret after the trial about testimony that helped convince a jury convict her of defrauding investors.

That witness, former Theranos lab director Adam Rosendorff, visited Holmes’ Silicon Valley home uninvited in August. Although she did not speak directly to Holmes, Rosendorff told her partner William Evans that he “tried to answer the questions honestly, but the prosecutors tried to make everything look bad” and that he felt he “did something wrong,” it said. in court documents. .

Prosecutors scoffed at the idea that Rosendorff’s attempt to see Holmes cast doubt on his testimony.

U.S. District Judge Edward said during Friday’s Zoom hearing that he intended to ask Rosendorff several questions about why he visited Holmes’ home and whether the visit was motivated by any doubts about testimony he gave under oath during six days of trial last year.

Davila stressed that he expected the hearing to be brief and limited in scope after quashing a subpoena from Holmes’ lawyers seeking any unprivileged communications about his testimony. “This is not going to be a fishing expedition,” Davila said Friday.

Holmes, 38, faces up to 20 years in prison for misleading investors about the progress her once-heralded startup Theranos was making with new blood-testing methods. She was scheduled to be sentenced Monday, but the judge postponed that hearing when Rosendorff’s questions came up.

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