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 function 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 offered by former Theranos lab director Adam Rosendorff, who stated he repeatedly raised considerations concerning the accuracy of bloods assessments that had 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 an almost four-month trial. The identical jury acquitted Holmes on costs of fraud and conspiracy towards 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 October 17 in San Jose, California.
Her attorneys argued in a 17-page submitting that Rosendorff is now expressing misgivings about his testimony, primarily based on latest actions described within the court docket doc.
The submitting states that Rosendorff appeared on the house Holmes shares together with her accomplice, William Evans, on the night of August 8 to attempt to meet together with her. Evans intercepted Rosendorff, in keeping with the doc, and requested him to go away.
Earlier than departing, in keeping with the submitting, Rosendorff advised Evans that in his trial testimony "he tried to reply the questions truthfully however that the prosecutors tried to make everybody look unhealthy" and now seems like "he had achieved one thing flawed."
Rosendorff added that "everybody was simply doing the perfect they might," and "everybody was working so arduous to do one thing good and significant," in keeping with the court docket doc.
Earlier than he appeared at Holmes' residence, the doc stated, Rosendorff left a 30-second voicemail for one among her attorneys 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 attorneys stated that they had not been in a position to ask Rosendorff for additional details about his reflections on his trial testimony for moral causes. The attorneys proposed an October 3 listening to to debate why they imagine Rosendorff's latest actions advantage a brand new trial.
Additionally on Tuesday, U.S. District Decide Edward Davila formally rejected a request to put aside the jury's verdicts within the Holmes trial. Davila's choice cited Rosendorff's testimony in help of his ruling.