Elizabeth Holmes seeks new trial - saying key witness has regrets
Shamed Theranos Chief Elizabeth Holmes mentioned another preliminary Tuesday, declaring in a court documenting that a vital observer for the arraignment currently laments the job he played in her conviction for financial backer misrepresentation and trick connected with her bombed blood-testing startup. The appeal focuses on the unwavering quality of declaration given by previous Theranos lab chief Adam Rosendorff, who said he over and over raised worries about the exactness of bloods tests that were being directed to patients during his residency in 2013 and 2014. Investigators featured Rosendorff's declaration during their end contentions to a jury that sentenced Holmes on four crime counts of financial backer misrepresentation and scheme recently following an almost four-month preliminary. Similar jury vindicated Holmes on charges of extortion and connivance against patients who had their blood tried by Theranos.
Rosendorff, reached via LinkedIn, said he had no comment, adding "Do not contact me." Holmes, 38, is currently free on bail, but is facing up to 20 years in prison at a sentencing hearing scheduled for October 17 in San Jose, California. Her lawyers argued in a 17-page filing that Rosendorff is now expressing misgivings about his testimony, based on recent actions described in the court document.
The documenting states that Rosendorff showed up at the home Holmes imparts to her accomplice, William Evans, on the night of August 8 to attempt to meet with her. Evans caught Rosendorff, as indicated by the archive, and requested that he leave. Prior to leaving, as indicated by the documenting, Rosendorff let Evans know that during his preliminary declaration "he attempted to address the inquiries sincerely however that the examiners attempted to make everybody look awful" and presently feels like "he misunderstood entirely followed through with something." That's what rosendorff added "everybody was simply doing all that could be expected," and "everybody was endeavoring to accomplish something great and significant," as indicated by the court archive. Before he showed up at Holmes' home, the record said, Rosendorff left a 30-second voice message for one of her legal counselors requesting an up close and personal gathering with Holmes since he figured it very well may be "very recuperating" for the two of them.
In their filing, Holmes lawyers said they had not been able to ask Rosendorff for further information about his reflections on his trial testimony for ethical reasons. The lawyers proposed an October 3 hearing to discuss why they believe Rosendorff's recent actions merit a new trial. Also on Tuesday, U.S. District Judge Edward Davila formally rejected a request to set aside the jury's verdicts in the Holmes trial. Davila's decision cited Rosendorff's testimony in support of his ruling.