Holmes had introduced at her trial to exemplify Mr. Balwani, and it introduced some of the same text messages that Ms. "It elicited testimony about the difference in age and experience between Ms. Balwani's trial, the government adopted a new narrative," the filing reads. The very next day, Holmes' attorneys filed a second request for a new trial, this time focusing on the way that the government portrayed her relationship with Balwani during his trial. Rosendorff, who testified during Holmes' trial that he repeatedly raised concerns about the accuracy of blood tests being administered to patients during his time at the failed startup, is now expressing regrets about his testimony, according to the 17-page court document. On September 6, Holmes filed a petition for a new trial based on the reliability of testimony provided by former Theranos lab director Adam Rosendorff. His sentencing is scheduled for November 15. The key difference in the outcomes of the two trials is that Holmes was cleared on charges of defrauding patients, while Balwani was found guilty on 10 counts of wire fraud and two counts of conspiracy for defrauding Theranos investors and patients. Her sentencing is currently scheduled for October 17. Balwani, Holmes' ex-boyfriend and former chief operating officer at Theranos, was convicted in July on all 12 criminal charges against him.
Holmes was convicted in January on four charges of defrauding investors and conspiring to defraud investors.
The government filed its response to these requests on Wednesday, calling the motions a "ploy to delay her inevitable sentencing."Ī hearing on these motions is scheduled for October 3. The first request notes that a key witness for the prosecution now regrets his role in her conviction, while the second request argues that the government "adopted a new narrative" during Ramesh "Sunny" Balwani's trial. Federal prosecutors are calling Elizabeth Holmes out on her last-ditch effort to avoid jail time.Įarlier this month, the disgraced Theranos founder filed two requests for a new trial.
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