A federal judge has denied Elizabeth Holmes’ request for a new trial, clearing the way for the disgraced founder of blood-testing startup Theranos to be sentenced later this month.
Lawyers for Holmes requested a new trial in September, claiming that a key witness for the prosecution came to her and expressed regrets about his testimony. They also cited “newly discovered” evidence in the government’s closing arguments in the trial of former Theranos President and Holmes’ former romantic partner Ramesh “Sunny” Balwani. They also claimed government misconduct.
Holmes’ lawyers argued that former Theranos lab director Adam Rosendorff came to Holmes’ house unannounced on Aug. 8 and said he felt “guilty” for the role he played in Holmes’ conviction. According to the motion, Rosendorff didn’t speak with Holmes but told her partner Billy Evans, who answered the door, that he felt his statements on the stand were twisted and exaggerated by prosecutors. Shortly afterward, Evans recounted the exchange in an email to Holmes’ lawyers.
They also described as new evidence statements prosecutors made in closing arguments at Balwani’s trial that he had “a lot of influence over [Defendant] in their relationship.” Balwani was convicted of fraud in July in a separate trial.
In a ruling issued late Monday, US District Judge Edward Davila denied all Holmes’ motions for a new trial, concluding that the new evidence didn’t meet the legal standard for ordering a new trial. “The court finds that the statements Dr. Rosendorff made to Mr. Evans do not stand for any of the proposed meanings that Defendant would want and, even if they did, they would not be material to the issues at trial,” Davila wrote in his order.
“Accordingly, a new trial is not warranted based on the ‘newly discovered’ evidence of Dr. Rosendorff’s statements to Mr. Evans,” Davila wrote.
Holmes originally faced 12 counts of fraud and conspiracy. She was convicted in January on four of the charges related to lying to investors about Theranos’ technology, which she claimed would revolutionize the blood-testing industry.
Holmes, 38, is scheduled to be sentenced on Nov. 18. She faces up to 80 years in prison.
