In hearings sooner than the trial, attorneys from all sides agreed to chorus from discussing Ms. Holmes’s abuse allegations, deeming them prejudicial to the jury.
Every other wrinkle in getting began? Discovering jurors who had by some means overlooked the wall-to-wall protection of Ms. Holmes’s trial. Over 4 days, attorneys wondered greater than 100 attainable jurors, disregarding many that mentioned they have been biased after eating content material about Theranos, sooner than settling on a panel of 12, plus six alternates. One juror has already been changed by way of another after reporting signs of Covid-19.
In opening statements sooner than Pass judgement on Edward J. Davila, prosecutors indicated that they’d depend on lots of the similar witnesses who testified at Ms. Holmes’s trial, together with whistle-blowers from the corporate, industry companions, buyers and sufferers. (The primary, referred to as on Tuesday, was once Erika Cheung, a whistle-blower who was once additionally an early witness in Ms. Holmes’s case.)
Mr. Leach defined a number of spaces of alleged fraud that reflected the federal government’s arguments in Ms. Holmes’s trial, together with the skills of Theranos’s blood-testing instrument, its monetary statements, and its relationships with pharmaceutical corporations, shops and the army.
Mr. Balwani’s attorneys veered from the playbook of Ms. Holmes’s protection. In his opening remark, Mr. Cazares argued that exact affected person testimony and check effects have been insignificant with out bearing in mind all of Theranos’s affected person information, which were in an encrypted database of 9 million affected person check effects.
Theranos supplied a duplicate of the database to federal prosecutors in 2018, after a grand jury subpoena, however the govt was once by no means given the encrypted key wanted for get right of entry to to the tips. Theranos destroyed the database that very same yr.
Mr. Cazares argued that the federal government had omitted to investigate that information. His opening remark was once prone to be opening the door to a broader argument over who was once at fault for the lack of the database.
“Now and again a small door can open to a large pasture,” Pass judgement on Davila mentioned.
