Disgraced Elizabeth Holmes, CEO of Theranos, filed a motion for a new trial on Tuesday, claiming that a key prosecution witness now regrets his involvement in her conviction for investment fraud and conspiracy related to her failing blood-testing firm.
The petition focuses on the veracity of former Theranos lab director Adam Rosendorff’s testimony, in which he claims he regularly voiced concerns about the accuracy of blood tests delivered to patients during 2013 and 2014.
Earlier this year, following a nearly four-month trial, a jury convicted Holmes on four felony counts of investment fraud and conspiracy. During closing arguments, prosecutors emphasized Rosendorff’s testimony. Holmes was acquitted by the same jury on charges of fraud and conspiracy against Theranos blood test patients.
When contacted via LinkedIn, Rosendorff declined to comment and added, “Do not contact me.”
Holmes, 38, is now free on bail, but a sentencing hearing is scheduled for October 17 in San Jose, California, where he faces up to 20 years in jail.
Her attorneys contended in a 17-page file that Rosendorff is now voicing doubts about his testimony, based on acts mentioned in the court filing.
01:48 Impact of the guilty conviction against Elizabeth Holmes on Silicon Valley
The complaint indicates that Rosendorff attempted to meet with Holmes at the home she shares with her partner, William Evans, on the evening of August 8. According to the affidavit, Evans intercepted Rosendorff and requested him to leave.
According to the complaint, before departing, Rosendorff informed Evans that throughout his trial testimony “he tried to answer the questions truthfully, but the prosecutors tried to make everyone appear bad,” and that he now believes “he did something wrong.”
According to the court record, Rosendorff stated that “everyone was doing the best they could” and that “everyone was working so hard to achieve something good and significant.”
Rosendorff left a 30-second voicemail for one of Holmes’ attorneys requesting a face-to-face meeting with Holmes because he believed it may be “very therapeutic” for both parties, according to the document.
Due to ethical considerations, Holmes’s attorneys stated in their submission that they were unable to ask Rosendorff for additional information concerning his comments on his trial testimony. The attorneys sought a hearing on October 3 to explain why they feel Rosendorff’s recent activities warrant a new trial.
Also on Tuesday, U.S. District Judge Edward Davila denied a formal motion to overturn the jury’s verdicts in the Holmes trial. In support of his ruling, Davila used Rosendorff’s testimony in his decision.
Current News