Elizabeth Holmes requested a new trial on Tuesday, saying in a court filing that a key prosecution witness now regrets the role he played in her conviction for investment fraud and conspiracy related to Theranoshis failed blood testing startup.
The petition centers on the reliability of testimony provided by former Theranos lab director Adam Rosendorff, who said he repeatedly raised concerns about the accuracy of blood tests given to patients during his tenure in 2013 and 2014. It is typical for defendants to bring motions for a new trial after a guilty verdict.
Holmes, 38, was found guilty of four counts of investor fraud and conspiracy earlier this year after a nearly four-month trial. The former CEO is currently out on bail but is risk up to 20 years in prison during a sentencing hearing scheduled for October 17, 2022 in San Jose, California.
When the former lab director was contacted via LinkedIn by The Associated Press, he declined to comment, adding, “Don’t contact me.”
Lawyers for the defendant argued in a 17-page filing that Rosendorff was now expressing doubts about his testimony, based on recent actions described in the court document. They said Rosendorff appeared at the home Holmes shares with her partner, William Evans, on the evening of August 8, 2022 to try to meet her. Evans intercepted Rosendorff, according to the document, and asked him to leave.
Before leaving, according to the filing, Rosendorff told Evans that during his trial testimony “he tried to answer questions honestly but prosecutors tried to make everyone look bad” and now feels ” that he had done something wrong”.
Before reporting to Holmes’ residence, according to the document, Rosendorff had left a 30-second voicemail message for one of his attorneys requesting a face-to-face meeting with Holmes because he thought that might be “enough.” healing” for both. .
In their filing, Holmes’ attorneys said they were unable to ask Rosendorff for additional information about his thoughts on testifying at trial for ethical reasons. The attorneys have proposed a hearing on Oct. 3 to discuss why they believe Rosendorff’s recent actions warrant a new trial.
Also on Tuesday, U.S. District Judge Edward Davila formally denied a request to overturn the jury verdicts in Holmes’s trial. Davila’s decision cited Rosendorff’s testimony in support of its decision.
Holmes’ trial, which took place in 2021, focused on charges that the former executive knowingly defrauded investors and patients of his blood testing company Theranos. Holmes claimed his technology could be used to perform hundreds of medical tests using just a drop of blood, a claim later proven to be false.
Throughout the saga, Holmes has stated that she did not know how badly the lab tests had failed, a claim that was disputed by Rosendorff’s testimony. Holmes also claimed that his former romantic and business partner Sunny Balwani was abusive and influenced his fraudulent claims, claims he denied.
Balwani faced his own trial on similar charges this year. It was convicted on all 12 counts and will be sentenced on November 15.
The Associated Press contributed to this report.