A prosecution witness who showed up at Elizabeth Holmes's doorstep in August seeming to express remorse over his testimony in her trial has lashed back at her attorneys over a new subpoena of his phone and email records, and does not sound like he has any intention of helping her getting a new trial.
For over two years we've been watching the slow-moving train wreck of Theranos founder Elizabeth Holmes's fraud prosecution and subsequent legal attempts to sidle her way out of prison time. (Cynically, one might surmise this was a reason for getting pregnant when she did.) The last-ditch efforts of her attorney to further delay her time in the clink are ongoing but so far not looking successful. And on Wednesday, the judge in the case reset her sentencing date for next month.
U.S. District Judge Edward Davila relented earlier this month and delayed Holmes's sentencing, which was previously scheduled for this coming Monday. But it's only looking like a one-month reprieve, with a new sentencing date set of November 18.
At a hearing about recent events involving prosecution witness Dr. Adam Rosendorff, the former lab director at Theranos who showed up at Holmes's residence looking "disheveled" and acting emotional, Judge Davila agreed to hold an evidentiary hearing on the matter on the original sentencing date, October 17. But, he said, it would be a "limited" hearing and "This is not going to be a fishing expedition."
Rosendorff has already reiterated to prosecutors that he stands behind his testimony, and now, through his own attorneys, he has submitted a motion to Judge Davila to quash a subpoena he's now received from Holmes's defense. As the Mercury News reports, Rosendorff's lawyers said in the filing that Rosendorff had been in a state of nostalgia having seen that the former Theranos headquarters was torn down and turned into a housing development. And that he wanted some closure by having a conversation with Holmes, and to express his sadness over the fact that she might spend a significant time in prison.
But, the attorneys say, he has no intention of changing any of his previous testimony. "[Holmes] has sought to transform that limited inquiry into a free-for-all in which Dr. Rosendorff would be required to search through more than a year’s worth of sensitive emails, text messages, and other communications with family, friends, and others so that [Holmes] can try, yet again, to make him look like a liar," the attorney said in the filing, per the Merc.
Rosendorff's actions that day prompted Holmes and her team to attempt to seek a new trial — something Judge Davila seems unlikely to do. And they further prompted Holmes's co-accused and ex-boyfriend, former Theranos chief operating officer Sunny Balwani, to similarly seek a new trial. Balwani was convicted on even more fraud charges than Holmes was in a trial that concluded in July, seven months after hers.
As the Mercury News reports, Davila ruled Tuesday that Balwani would not be getting a new trial, and he wrote, "none of Dr. Rosendorff’s statements... pertained to Mr. Balwani’s trial."
Legal experts seem to disagree about how strict or lenient Davila may be in the end, when it comes to Holmes's sentencing. While she faces up to 20 years behind bars, she is expected to serve far less. But it's unclear how much her now 15-month-old son will factor in to Davila's sentencing decision.
Top image: Former Theranos CEO Elizabeth Holmes goes through a security checkpoint as she arrives at federal court on September 01, 2022 in San Jose, California. Holmes appeared in federal court related to an attempt to overturn her fraud conviction. She is facing jail time after being convicted of four counts of fraud for allegedly engaging in a multimillion-dollar scheme to defraud investors in her company Theranos, which offered blood testing lab services. (Photo by Justin Sullivan/Getty Images)