Former Theranos CEO Elizabeth Holmes Seeks New Trial Citing Key Witness’ Regrets

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SAN FRANCISCO (AP) — Disgraced Theranos CEO Elizabeth Holmes requested a caller proceedings Tuesday, asserting successful a tribunal filing that a cardinal witnesser for the prosecution present regrets the relation helium played successful her condemnation for capitalist fraud and conspiracy related to her failed blood-testing startup.

The petition centers connected the reliability of grounds provided by erstwhile Theranos laboratory manager Adam Rosendorff, who said helium repeatedly raised concerns astir the accuracy of bloods tests that were being administered to patients during his tenure successful 2013 and 2014.

Prosecutors highlighted Rosendorff’s grounds during their closing arguments to a assemblage that convicted Holmes connected 4 felony counts of capitalist fraud and conspiracy earlier this twelvemonth aft a astir four-month trial. The aforesaid assemblage acquitted Holmes connected charges of fraud and conspiracy against patients who had their humor tested by Theranos.

Rosendorff, reached via LinkedIn, said helium had nary comment, adding “Do not interaction me.”

Holmes, 38, is presently escaped connected bail, but is facing up to 20 years successful situation astatine a sentencing proceeding scheduled for Oct. 17 successful San Jose, California.

Her lawyers argued successful a 17-page filing that Rosendorff is present expressing misgivings astir his testimony, based connected caller actions described successful the tribunal document.

The filing states that Rosendorff appeared astatine the location Holmes shares with her partner, William Evans, connected the evening of August 8 successful an effort to conscionable with her. Evans intercepted Rosendorff, according to the document, and asked him to leave.

Before departing, according to the filing, Rosendorff told Evans that during his proceedings grounds “he tried to reply the questions honestly but that the prosecutors tried to marque everyone look bad” and present feels similar “he had done thing wrong.” Before helium appeared astatine Holmes’ residence, the papers said, Rosendorff near a 30-second voicemail for 1 of her lawyers asking for a face-to-face gathering with Holmes due to the fact that helium thought it could beryllium “quite healing” for some of them.

In their filing, Holmes lawyers said they had not been capable to inquire Rosendorff for further accusation astir his reflections connected his proceedings grounds for ethical reasons. The lawyers projected an Oct. 3 proceeding to sermon wherefore they judge Rosendorff’s caller actions merit a caller trial.

Also connected Tuesday, U.S. District Judge Edward Davila formally rejected a request to acceptable speech the jury’s verdicts successful Holmes’ trial. Davila’s determination cited Rosendorff’s grounds successful enactment of his ruling.

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