So far...
Dorothy Atkins
@doratki
Good morning from San Jose! It’s 5:40 a.m. and I’m wide awake, waiting outside the San Jose federal courthouse for Elizabeth Holmes’ sentencing hearing, which is set to begin in just over 4 hours. I’m the 30th person here. Standby for tweets…
2h
A courthouse officer just told people waiting outside Judge Davila’s courtroom that they’re not allowed to sit on the floor while we wait and they must either sit on the courthouse’s hard wooden benches or stand. That’s a new rule I hadn’t heard of.
It's pretty quiet in the courthouse. Folks are pacing the hallway, waiting for the courtroom doors to open. We've still got about another 1.5hr before Elizabeth Holmes' sentencing hearing starts. The name of the game at the moment is preserving power in electronic devices
People keep looking at the calendar outside the courtroom. Elizabeth Holmes’ sentencing is the only item on Judge Ed Davila’s calendar today. Some folks are getting ancy about the courtroom being closed.
A courthouse officer just came by and said it’ll be a little longer before the courtroom doors open and everyone is required to wear masks once inside.
Elizabeth Holmes’ attorney Kevin Downey just arrived along with co-counsel. He looked tired. Holmes must be close.
Holmes’ family arrived log-jamming the hallway. The courthouse officer just made an announcement that they’ll be opening the courtroom doors in about 5 mins. No pictures, no hat wearing and no disturbances allowed, he says.
The courtroom doors are open and there's been a hectic rush to grab a seat in the gallery, which quickly filled up. The clerk is playing terrible elevator music on the courtroom's audio. (If I were being sentenced, this is the absolute last kind of music I would want to hear.)
The first two pews in the gallery behind defense counsel table filled with Elizabeth Holmes' family and friends - one lady asked me to move so she could sit next to her friend for support. I obliged. With this music, it feels like we're in a funeral home.
We're all here in the courtroom, including Elizabeth Holmes. We're just waiting for Judge Ed Davila to get this show on the road.
A bunch of well dressed clerks, or maybe law school students, just filed into the courtroom and sat in the jury box. The clerk cut off the music thankfully. Judge Davila is on the bench. (For those of you who think this is going to be quick, hate to break to to ya but it won't.)
Judge Ed Davila is recapping the jury's verdict: Elizabeth Holmes was convicted on four fraud and conspiracy charges for defrauding investors, but she was acquitted of patient fraud charges, and jurors hung on some investor fraud counts.
Judge Davila said he reviewed the sentencing briefs, the presentence report, and a chart from the gov't about investor loss calculations, as well as letters in support of Elizabeth Holmes - some which were filed as late as last night.
The attorneys are arguing over whether the judge can consider Elizabeth Holmes' alleged "reckless disregard" for patients in her sentencing, even though she was acquitted of patient fraud charges. Prosecutor John Bostic says "Ms. Holmes' conduct toward patients is in the record."
Bostic says a big portion of trial focused on the problems w/ the tech, and Holmes knew of the problems and that inaccurate results are serious. Bostic says Holmes wrote, "They don't put attractive people like me in jail." (I don't recall seeing that evidence at trial.)
Holmes' counsel Kevin Downey argues Bostic was citing witnesses - Kevin Hunter and Tyler Shultz - who never took the stand at trial and who were never subject to cross, and evidence that was never presented at trial.
Holmes' counsel argues that prosecutors are asking the court to disrespect the jury's verdict acquitting her of patient fraud charges.
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