CA - Elizabeth Holmes (Theranos) Wire Fraud

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No update for Balwani.

Holmes - not all court dates are posted here - just the first day.

Tuesday, Aug 31 2021
09:00AM
5:18-cr-00258-EJD-1 - USA v. Elizabeth A. Holmes
AUSA: Jeffrey Schenk / DEF: Kevin Downey
Jury Selection

Wednesday, Sep 1 2021
09:00AM
5:18-cr-00258-EJD-1 - USA v. Elizabeth A. Holmes
AUSA: Jeffrey Schenk / DEF: Kevin Downey
Jury Selection

Tuesday, Sep 7 2021
09:00AM
5:18-cr-00258-EJD-1 - USA v. Elizabeth A. Holmes
AUSA: Jeffrey Schenk / DEF: Kevin Downey
Jury Trial

link: CALENDAR
 
Here you go -- a reminder on cases filed in US Federal District Courts:

Court Rules Affecting The Media | United States District Court, Northern District of California

Photography, Recording & Electronic Devices.

Members of the media are often surprised by the very restrictive rules applicable to photography and recording of proceedings in federal district courts. These rules are due to national policies affecting all federal district courts.

Federal Rule of Criminal Procedure 53 bars photography and broadcasting in criminal proceedings. Broadcasting of proceedings is prohibited by policy of the Judicial Conference of the United States. This encompasses the use of all audio or video recording devices of any kind. No journalist or member of the public may photograph or record any court proceeding under any circumstances.

Exceptions to the Prohibition on Cameras in Court.
Cameras are used in courtrooms during court proceedings under only two circumstances.

  1. For high-demand proceedings, the Court sometimes sets up an audio-video feed to an adjoining courtroom and to the court’s Media Center to accommodate additional observers and members of the media.
  2. The Cameras in Courtrooms pilot project sponsored by the United States Courts. This program allows the judge and the parties to authorize court staff to video-record proceedings.
Notice Regarding Press and Public Access to Court Hearings; Information on Observing Court Proceedings Held by Videoconference (Updated June 23, 2021) | United States District Court, Northern District of California

See the following link for CA Northern District cases scheduled for public access and information on how to secure credentials for video conference access. It does not appear that USA v Holmes is on the list as of today.

REMOTE HEARINGS
 
Preparing to Participate in a Zoom Video Conference
IMPORTANT: HEARING RECORDING PROHIBITED
Any recording of a court proceeding held by video or teleconference, including “screen-shots” or other audio or visual copying of a hearing, is prohibited. Violation of these prohibitions may result in sanctions, including removal of court-issued media credentials, restricted entry to future hearings, denial of entry to future hearings, or any other sanctions deemed necessary by the court.
See Notice Regarding Press and Public Access to Court Hearings and List of Judges’ Zoom Webinar Links

Participant Information
Hearing information is published on the court’s Remote Hearings web page, on PACER, on the presiding judge’s calendar, or by emailing media@cand.uscourts.gov. Click on your role below and follow these instructions to establish and test your Zoom account to work in accordance with court hearing standards.

A list of all judges’ Zoom Webinar links (with IDs and passwords) is available here.

San Jose Division

DJ Edward J. Davila Davila

Webinar ID: 160 489 6302

Password: 544953

List of All Judges' Zoom Webinar Links | United States District Court, Northern District of California
 
Auntie Cipation said:
Have we seen any advance information about live coverage of this trial? Livestreaming in courtroom? Reporters who will be live-tweeting?
Click to expand...

As a general rule, no journalist or member of the public may photograph or record any court proceeding under any circumstances. Live-tweeting is allowed if not disruptive.

Due to COVID19 protocols, public web viewing has been allowed in some cases and/or courtrooms but I've not seen USA vs Holmes on the list as of today. I'll keep checking.

REMOTE HEARINGS

Broadcasting of proceedings is prohibited by policy of the Judicial Conference of the United States. This encompasses the use of all audio or video recording devices of any kind. No journalist or member of the public may photograph or record any court proceeding under any circumstances.

https://cand.uscourts.gov/wp-content/uploads/general-orders/GO_58_9-15-2015.pdf
 
Last edited:
Thanks @Seattle1 . I guess I was expecting this case to meet the bar for a "high-demand" case.

Hope that live-tweeting continues to be an option!

I've been specifically waiting on undertaking a yard project (painting a shed) because it's located in an area where my house wifi reaches, so I can do it while listening in on this case (or, if no court tv, at least stopping often to check tweets and WS posts)
:p
 
https://www.cnbc.com/2021/08/27/for...l-shaken-as-elizabeth-holmes-trial-looms.html

8/27/2021

He was the father of newborn twins who wanted to make a difference in healthcare.

Now, with Elizabeth Holmes’ criminal fraud trial set to begin Tuesday, Micah Nies is tired of “being siloed” and is breaking his silence.

Nies is one of four former Theranos employees interviewed by CNBC ahead of Holmes’ trial. The others, who did not want their names used, say they are still afraid of retribution from Holmes and former Theranos president, Sunny Balwani.

“The fear is real,” Nies said. “Even several years later. The atmosphere was so toxic you would hear the stories of people being disappeared. There was always this fear of retribution and afterward you carry it with you.”
 
https://www.cnbc.com/2021/08/25/sev...beth-holmes-trial-cut-for-potential-bias.html

8/25/2021

SAN JOSE, CALIF. - The pool of potential jurors in the criminal fraud trial of embattled Theranos founder Elizabeth Holmes was cut on Wednesday after her attorneys and federal prosecutors identified some were biased, according to the completed questionnaires.

“Thirty to forty of the remaining jurors have consumed substantial, and I mean lengthy extrajudicial material, about the case and about the defendant,” Kevin Downey, an attorney for Holmes, told the judge. “We’re very vulnerable to any of the jurors commenting in some ways as either the court or lawyers conduct voir dire about the content of the media they’ve seen.”

Voir dire is the legal term for preliminary examinations of jurors.

Holmes appeared in court as her defense attorneys renewed their request to individually question potential jurors. Dozens of jurors were dismissed for reasons ranging from potential bias, hardships and health or language issues.

[..]

Jury selection begins on Tuesday. Judge Edward Davila said he plans to bring in 50 potential jurors at a time and conduct voir dire in three separate sessions.

“The search for implied bias might be a futile search,” Davila said, acknowledging the defense attorney’s concerns. “We’ll do the best we can to ensure that those jurors are just focused on the universe of evidence in this courtroom.”
 
Elizabeth Holmes' Theranos trial: What to know about the hotly anticipated case

How can I watch the trial?

The trial officially begins Sept. 7, with opening arguments expected the following day.

Judge Edward Davila is set to preside. There won't be an online feed of the trial, and television cameras won't be allowed in the courtroom, so the best way to follow the case will be via reporters in the room taking notes the old-fashioned way.

Ramesh "Sunny" Balwani, former Theranos COO and Holmes' onetime boyfriend, faces similar charges in a separate trial scheduled for next year.

Both Holmes and Balwani have pleaded not guilty.
 
Auntie Cipation said:
Thanks @Seattle1 . I guess I was expecting this case to meet the bar for a "high-demand" case.

Hope that live-tweeting continues to be an option!

I've been specifically waiting on undertaking a yard project (painting a shed) because it's located in an area where my house wifi reaches, so I can do it while listening in on this case (or, if no court tv, at least stopping often to check tweets and WS posts)
:p
Click to expand...

I just confirmed that it does not appear that Dow Jones Company (i.e., The Wall Street Journal) made any progress on their motion to unseal the Holmes hearing -- that hearing was held 8/25/21.

All the Kings and their horsemen know that WSJ already made more than enough money off of this story!

WSJ actually covered many stories of medical fraud long before Holmes but it now seems blase to them (staff reporters) if it won't make you a millionaire.
 
Seattle1 said:
There won't be an online feed of the trial, and television cameras won't be allowed in the courtroom, so the best way to follow the case will be via reporters in the room taking notes the old-fashioned way.
Click to expand...

Interesting, thanks. I guess live-tweeting counts as "the old-fashioned way" in Silicon Valley? :rolleyes:
 
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