GUILTY CA - Ramesh “Sunny” Balwani, 56, (Theranos), wire fraud charges

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Dorothy Atkins@doratki
Jan 13

Mark your calendars, Sunny Balwani's trial is now slated to begin with jury selection March 9. Openings are March 15.

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Dorothy Atkins@doratki
Jan 13

Elizabeth Holmes and prosecutors agreed to set her sentencing hearing Sept 12 after Balwani's trial. I've been asked if the 9 month delay is unusual. CAND judges manage 100s+ cases and they set hearings 6 months out, so my answer - "No, not particularly."

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Ex-Theranos CEO Elizabeth Holmes To Be Sentenced Sept. 26 - Law360
 
Monday, March 7th:
*Status Hearing (@ 9am PT) - CA – for *Ramesh “Sunny” Balwani (53/now 56) (CFO & President of Theranos) indicted & charged (6/14/18) & arraigned (6/15/18) with 9 counts of wire fraud & 2 counts of conspiracy to commit wire fraud. Another count of wire fraud was added in 2020, bringing the total number of felony charges to 12. Plead not guilty. No bond. Faces a maximum sentence of 20 years in prison & a fine of $2.75 million, plus restitution, & $250K for each individual count of wire fraud & conspiracy. Plead Not guilty.
Defrauding investors out of $700 million in funding for their blood-testing startup Theranos.
Trial set to begin on 3/15/22. There will be 12 jurors & 6 alternates. Trial Court will be in session on Tuesdays, Wednesdays & Fridays (from 9-3), but the jury may be asked to come in on some Mondays & Thursdays as well. Trial dates so far: jury selection 3/9 & 3/10, trial dates on 3/11, Opening statements on 3/15, 3/16, 3/18, 3/22, 3/23, 3/25, 3/29, 3/30, 4/1, 4/5, 4/6, 4/8, 4/12 , 4/13 & 4/15 so far.
Indictment & court info from 4/11/20 thru 2/4/22 reference post #409 here:
CA - Elizabeth Holmes (Theranos) Wire Fraud

2/8/22 Update: During Balwani's pretrial hearing on 2/8/22, Judge Ed Davila said Theranos' missing database - which Theranos' Wilmer Hale attorneys helped lose - "paints a picture of deception." Balwani's counsel continues to argue over the database, but Judge Davila cuts him off. He notes that he looks "at this through the lens of fairness," & "I don’t think it overstates it that at a minimum the gov’t did not receive fulsome information about what was happening." Status conference hearing on 2/9/22.
2/9/22 Update: Judge Ed Davila is on the bench. Balwani's counsel starts the day by asking him to bar the DOJ from arguing Balwani was involved in losing the decryption key to Theranos' database. Prosecutor John Bostic says Balwani's role in losing the Theranos’ database is "more concrete" than what his attorney suggests. Balwani's counsel says he was in touch with the Theranos’ IT guy only to get a copy of the database - not to destroy it - and the interactions weren't malicious. Judge Davila suggests the IT guy may need to be called as a witness to prove Balwani's position. Next pretrial conference on 3/1/22.
3/1/22 Update: Judge Davila began by discussing jury alternates. Balwani's counsel says 5 is enough, but prosecutor Robert Leach asks for 6 & notes they went through many alternates during Holmes' trial. "I anticipate a similar length, although we hope it will be shorter." There will be 6 alternates. Balwani's counsel Jeff Coopersmith says he'll likely want to individually question jurors during voir dire about their media exposure to the Holmes trial & "potentially prejudicial pretrial publicity." The judge says they'll address the issue as it comes up. Judge Davila asked if he should plan an overflow room for observers. The attorneys say they don't know if people will show up for this trial. Judge Davila says he may stream proceedings to an overflow courtroom in SF, where there are more rooms. He adds "most of the press is in SF." Balwani's counsel wants to know how long the gov't's case-in-chief will be. Prosecutor Robert Leach replies "it's similar to the Holmes' trial" - 13 weeks. The Balwani defense is also trying to change substantive aspects of the trial by fighting evidence that came in against Holmes, including testimony & exhibits showing that Theranos also conducted blood tests on commercially available analyzers rather than on its own devices. In a lengthy written order issued earlier this week, Davila denied Balwani’s motion to exclude this evidence, ruling that the indictment “puts Balwani on notice that the scheme to defraud patients includes Theranos’ use of unmodified conventional analyzers.” The judge deferred ruling on a defense request to keep out damning evidence that, after problems with Theranos’ results came to light, a new lab director ordered that all of the results from tests performed on Theranos devices be voided. Opening statements are scheduled for March 15, with the trial expected to last up to 13 weeks. Next status hearing on 3/7/22. Status hearing on 3/8/22. Motion to exclude hearing on 3/14/22.
3/6/22 Update: Motions hearing on 3/11/22 & 4/8/22 stricken from trial date as Judge is unavailable.

*Elizabeth A. Holmes (34/now 37) (CEO of Theranos) – Trial began on 9/8/21 & ended 1/3/22 with a verdict of guilty on 4 counts of 11. Next sentencing hearing on 9/26/22.
 
Don' know "what" happened at the 3/7 status hearing, as I can't find anything over here....

Tuesday, March 8th:
*Status Hearing (@ 9am PT) - CA – for *Ramesh “Sunny” Balwani (53/now 56) (CFO & President of Theranos) indicted & charged (6/14/18) & arraigned (6/15/18) with 9 counts of wire fraud & 2 counts of conspiracy to commit wire fraud. Another count of wire fraud was added in 2020, bringing the total number of felony charges to 12. Plead not guilty. No bond. Faces a maximum sentence of 20 years in prison & a fine of $2.75 million, plus restitution, & $250K for each individual count of wire fraud & conspiracy. Plead Not guilty.
Defrauding investors out of $700 million in funding for their blood-testing startup Theranos.
Trial set to begin on 3/15/22. There will be 12 jurors & 6 alternates. Trial Court will be in session on Tuesdays, Wednesdays & Fridays (from 9-3), but the jury may be asked to come in on some Mondays & Thursdays as well. Trial dates so far: jury selection 3/9 & 3/10, motions hearing on 3/11 & trial begins with opening statements on 3/15, 3/16, 3/18, 3/22, 3/23, 3/25, 3/29, 3/30, 4/1, 4/5, 4/6, 4/12, 4/13 & 4/15 so far.

Indictment & court info from 4/11/20 thru 2/9/22 reference post #426 here:
CA - Elizabeth Holmes (Theranos) Wire Fraud

3/1/22 Update: Judge Davila began by discussing jury alternates. Balwani's counsel says 5 is enough, but prosecutor Robert Leach asks for 6 & notes they went through many alternates during Holmes' trial. "I anticipate a similar length, although we hope it will be shorter." There will be 6 alternates. Balwani's counsel Jeff Coopersmith says he'll likely want to individually question jurors during voir dire about their media exposure to the Holmes trial & "potentially prejudicial pretrial publicity." The judge says they'll address the issue as it comes up. Judge Davila asked if he should plan an overflow room for observers. The attorneys say they don't know if people will show up for this trial. Judge Davila says he may stream proceedings to an overflow courtroom in SF, where there are more rooms. He adds "most of the press is in SF." Balwani's counsel wants to know how long the gov't's case-in-chief will be. Prosecutor Robert Leach replies "it's similar to the Holmes' trial" - 13 weeks. The Balwani defense is also trying to change substantive aspects of the trial by fighting evidence that came in against Holmes, including testimony & exhibits showing that Theranos also conducted blood tests on commercially available analyzers rather than on its own devices. In a lengthy written order issued earlier this week, Davila denied Balwani’s motion to exclude this evidence, ruling that the indictment “puts Balwani on notice that the scheme to defraud patients includes Theranos’ use of unmodified conventional analyzers.” The judge deferred ruling on a defense request to keep out damning evidence that, after problems with Theranos’ results came to light, a new lab director ordered that all of the results from tests performed on Theranos devices be voided. Opening statements are scheduled for March 15, with the trial expected to last up to 13 weeks. Next status hearing on 3/7/22. Status hearing on 3/8/22. Motion to exclude hearing on 3/14/22.
3/7/22 Update: No info yet. Next status hearing on 3/8/22.

*Elizabeth A. Holmes (34/now 37) (CEO of Theranos) – Trial began on 9/8/21 & ended 1/3/22 with a verdict of guilty on 4 counts of 11. Next sentencing hearing on 9/26/22.
 
Dorothy Atkins@doratki
Mar 8

Good morning from San Jose! I'm in Judge Ed Davila's courtroom for another status conference in Sunny Balwani's case. Jury selection is Wednesday, and I expect the attorneys will be discussing the juror questionnaires. Probably no major fireworks today. Nevertheless, I'll tweet.

Dorothy Atkins@doratki
Mar 8

Judge Davila is on the bench. He says he reviewed a batch of 120 juror questionnaires of the 240 potential jurors summoned for jury service.

Dorothy Atkins@doratki
Mar 8

Prosecutor Jeff Schenk says they don't think they should go "juror by juror" today, but Balwani's counsel wants to excuse more than 100 potential jurors based on their responses to the questionnaires, leaving only 68 in the jury pool. Schenk says that's unnecessary.

Dorothy Atkins@doratki
Mar 8

Balwani's counsel says they should excuse potential jurors who have answered that they have a strong opinion of the case or who have expressed strong opinions and some "frankly racist" views.

Dorothy Atkins@doratki
Mar 8

The judge says he wants to start today's hearing by identifying jurors who should be excused for cause. For instance, one potential juror is moving to Michigan, he says. (Way to get out of jury duty!)


Dorothy Atkins@doratki
Mar 8

One juror didn't fill out the questionnaire. The judge excludes him b/c he didn't seem to understand the instruction. Balwani's counsel notes that he's also unvaccinated, but Judge Davila says "I’m not making a wholesale exclusion of individuals who are unvaccinated."

Dorothy Atkins@doratki
Mar 8

Judge Ed Davila tells the attorneys that they can reach an agreement on excluding unvaccinated jurors and he'll consider arguments on the issue, but he says repeatedly he won't wholesale exclude unvaccinated jurors outright.

Dorothy Atkins@doratki
Mar 8

The judge says he'll excuse jurors who have read the book "Bad Blood" due to potential bias, which he also did for Holmes' trial. Balwani's atty notes that there's been a Hulu show, a podcast & much more publicity since Holmes' trial began, so the "environment here is different."

Dorothy Atkins@doratki
Mar 8

Judge Davila excuses a juror who wrote he thought Holmes and Balwani were "terrible people," as well as a juror who wrote "individuals from South Asia are not always trustworthy." He also excused a juror who knows a witness and another who has friends who were alleged victims.

Dorothy Atkins@doratki
Mar 8

Judge Davila excuses a couple more potential jurors who wrote racist comments in their questionnaires, including one who had strong opinions about Balwani's alleged sexual abuse of Holmes.
 
Dorothy Atkins@doratki
Mar 8

Two more jurors were excused for bias due to racist comments in their questionnaires. Prosecutor Jeff Schenk says one wrote "commonly held stereotypes" about individuals from Pakistan.

Dorothy Atkins@doratki
Mar 8

Judge Davila excused a juror who apparently has "two domiciles," but doesn't actually live nearby. The judge quips that it's a civil procedure question, and jokingly presses Balwani's counsel Jeff Coopersmith. "Can somebody have two domiciles? Mr. Coopersmith just fainted."

Dorothy Atkins@doratki
Mar 8

Another potential juror is excused because the person is moving to Texas. He also expressed potentially racist views about people from Pakistan.

Dorothy Atkins@doratki
Mar 8

Some potential jurors are excused for their ties to Theranos and Pfizer. One got a job offer at Theranos in 2006, but didn't take it, and another worked for Pfizer for five years.

Dorothy Atkins@doratki
Mar 8

The judge excused a juror who has a financial hardship but also said he doesn't think the U.S. government can legitimately prosecute cases. Balwani's counsel agreed regarding the hardship, but doesn't take a position on whether the juror is biased.

Dorothy Atkins@doratki
Mar 8

Balwani's counsel wants potential jurors who said they know about Holmes' sexual abuse claims against Balwani excluded from trial b/c it's "too prejudicial." He also doesn't want the judge to mention domestic violence during voir dire.

Dorothy Atkins@doratki
Mar 8

Balwani's counsel says Holmes' abuse allegations were "so sensationalized in the media" that any potential juror who got a "whiff of it" should be excused.
 
ADMIN NOTE:

Posts regarding the trial of Ramesh “Sunny” Balwani have been moved to a separate thread here.
Please continue the discussion regarding his trial in this thread.

Elizabeth Holmes’ thread is HERE.
 
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Court site updated:

Wednesday, Mar 9 2022
09:00AM
5:18-cr-00258-EJD-2 - USA v. Ramesh Sunny Balwani
AUSA:Jeffrey Schenk/DEF:Jeffrey Coopersmith
Jury Selection

Thursday, Mar 10 2022
09:00AM
5:18-cr-00258-EJD-2 - USA v. Ramesh Sunny Balwani
Jury Selection

Friday, Mar 11 2022
09:00AM
5:18-cr-00258-EJD-2 - USA v. Ramesh Sunny Balwani
Jury Trial
Motion Hearing

Tuesday, Mar 15 2022
09:00AM
5:18-cr-00258-EJD-2 - USA v. Ramesh Sunny Balwani
Jury Trial

Wednesday, Mar 16 2022
09:00AM
5:18-cr-00258-EJD-2 - USA v. Ramesh Sunny Balwani
Jury Trial

Friday, Mar 18 2022
09:00AM
5:18-cr-00258-EJD-2 - USA v. RameshSunny Balwani
Jury Trial

Tuesday, Mar 22 2022
09:00AM
5:18-cr-00258-EJD-2 - USA v. Ramesh Sunny Balwani
Jury Trial

Wednesday, Mar 23 2022
09:00AM
5:18-cr-00258-EJD-2 - USA v. Ramesh Sunny Balwani
Jury Trial

Friday, Mar 25 2022
09:00AM
5:18-cr-00258-EJD - USA v. Ramesh Balwani
Jury Trial

Tuesday, Mar 29 2022
09:00AM
5:18-cr-00258-EJD - USA v. Ramesh Balwani
Jury Trial

Wednesday, Mar 30 2022
09:00AM
5:18-cr-00258-EJD - USA v. Ramesh Balwani
Jury Trial

Friday, Apr 1 2022
09:00AM
5:18-cr-00258-EJD - USA v. Ramesh Balwani
Jury Trial

Tuesday, Apr 5 2022
09:00AM
5:18-cr-00258-EJD - USA v. Ramesh Balwani
Jury Trial

Wednesday, Apr 6 2022
09:00AM
5:18-cr-00258-EJD - USA v. Ramesh Balwani
Jury Trial

Tuesday, Apr 12 2022
09:00AM
5:18-cr-00258-EJD - USA v. Ramesh Balwani
Jury Trial

Wednesday, Apr 13 2022
09:00AM
5:18-cr-00258-EJD - USA v. Ramesh Balwani
Jury Trial

Friday, Apr 15 2022
09:00AM
5:18-cr-00258-EJD - USA v. Ramesh Balwani
Jury Trial

Tuesday, Apr 19 2022
09:00AM
5:18-cr-00258-EJD - USA v. Ramesh Balwani
Jury Trial

link: CALENDAR
 
Wednesday, March 9th:
*Jury Selection set to begin (@ 9am PT) - CA – for *Ramesh “Sunny” Balwani (53/now 56) (CFO & President of Theranos) indicted & charged (6/14/18) & arraigned (6/15/18) with 9 counts of wire fraud & 2 counts of conspiracy to commit wire fraud. Another count of wire fraud was added in 2020, bringing the total number of felony charges to 12. Plead not guilty. No bond. Faces a maximum sentence of 20 years in prison & a fine of $2.75 million, plus restitution, & $250K for each individual count of wire fraud & conspiracy. Plead Not guilty.
Defrauding investors out of $700 million in funding for their blood-testing startup Theranos.
Trial set to begin on 3/15/22. There will be 12 jurors & 6 alternates. Trial Court will be in session on Tuesdays, Wednesdays & Fridays (from 9-3), but the jury may be asked to come in on some Mondays & Thursdays as well. Trial dates so far: jury selection 3/9 & 3/10, motions hearing on 3/11 & trial begins with opening statements on 3/15, 3/16, 3/18, 3/22, 3/23, 3/25, 3/29, 3/30, 4/1, 4/5, 4/6, 4/12, 4/13, 4/15 & 4/19 so far.

Indictment & court info from 4/11/20 thru 3/1/22 reference post #433 here:
CA - Elizabeth Holmes (Theranos) Wire Fraud

3/7/22 Update: No info yet. Next status hearing on 3/8/22.
3/8/22 Update: Judge Davila is on the bench. He says he reviewed a batch of 120 juror questionnaires of the 240 potential jurors summoned for jury service.
for more info see posts #4 to 6 here:
CA - Ramesh “Sunny” Balwani, 56, (Theranos), wire fraud charges Update: No info on status hearings. Jury selection begins on 3/9/22.

*Elizabeth A. Holmes (34/now 37) (CEO of Theranos) – Trial began on 9/8/21 & ended 1/3/22 with a verdict of guilty on 4 counts of 11. Next sentencing hearing on 9/26/22.
 
Elizabeth Holmes’s Ex-Boyfriend Hopes to Escape the Verdict She Didn’t - NY Times

He was the opposite of a star, barely mentioned in the glowing cover stories about Ms. Holmes and Theranos. By all evidence, however, Mr. Balwani and Ms. Holmes, now 38, were a team that ruled the start-up tightly. Few knew they were in a relationship.

“She was the Wizard of Oz, dazzling the investors and media, but he was the one behind the curtain working the machinery,” said Reed Kathrein, a San Francisco lawyer who successfully sued Ms. Holmes and Theranos in 2016 on behalf of investors. He said he was confident the prosecution would show that “he knew she was lying and never put a stop to it.”

“He knew everything,” Mr. Kathrein said.

Mr. Balwani’s trial will go over familiar ground. He faces the same 12 charges that Ms. Holmes initially confronted. (One count was dropped after a procedural error by the government.) He has pleaded not guilty.

The consensus among legal experts following the case is that the government’s successful prosecution of Ms. Holmes will give it a boost in Mr. Balwani’s trial.

“The government has had the opportunity to do a full run, so they will have learned what worked and what didn’t,” said James Melendres, a former federal prosecutor who represents corporate clients.

One potential witness for the government would make headlines. Ms. Holmes is, however, exceedingly unlikely to testify, even if doing so might reduce her prison sentence.

“She seems likely to fight this to the end of the earth,” said Jen Kennedy Park, a white-collar defense lawyer.
 
Dorothy Atkins@doratki
3h

Good morning from San Jose! I'm waiting outside Judge Ed Davila's courtroom for jury selection in Sunny Balwani's criminal trial to begin. More media folks are here too, but not enough to fill the courtroom like during Holmes' jury selection.

Dorothy Atkins@doratki
2h

We're inside the courtroom & Judge Davila is on the bench. Balwani is here, wearing a suit and tie. There are six observers including myself - plenty of room to space out. Most of us are press. The judge says the first batch of jurors are waiting to be called in for questioning.

Dorothy Atkins@doratki
2h

Balwani's counsel says he wants to excuse 14 jurors for bias in their questionnaires. Prosecutors object. Balwani's atty also asks the judge what the protocol will be for questioning jurors individually. The judge says, "I think it’s rather fluid" and "the answer is, it depends."

Dorothy Atkins@doratki
2h

Judge Davila says he has an instruction on hand and will tell jurors that they should not consider why Elizabeth Holmes is not here and why she is not a defendant in this trial. He may read it during jury selection if they ask, he says.

Dorothy Atkins@doratki
2h

Judge Davila went to go get the prospective jurors - little do they know that for some of them their lives are about to be completely upended by a months-long trial. (Meanwhile, I'm really trying hard not to be bitter about these hard wooden court benches.)

Dorothy Atkins@doratki
2h

Roughly 35 jurors have taken their designated seats and the judge swore them in. Attorneys for both sides introduced themselves, and a prosecutor noted there's and FBI agent and an FDA agent here watching - no pressure.

Dorothy Atkins@doratki
2h

The judge is explaining the court's COVID-19 protocol and its "five-years young" HVAC system, which filters air. He says the court also has COVID-19 tests if needed, which is new. For Holmes' trial in Sept, he told jurors the court couldn't afford to get tests b/c it cost $30k.

Dorothy Atkins@doratki
1h

The judge just asked if anyone has "read or heard" of news coverage of this case. A bunch of hands went up. The judge now is asking jurors one by one what they've seen/heard. One woman heard something about it from "a video on Youtube," but she says she can be unbiased.

Dorothy Atkins@doratki
1h

Another potential juror tells the judge that he consumes "quite a bit of news" and he can try to put aside any biases, but "I don’t know what effect that has on me."

Dorothy Atkins@doratki
1h

A juror who was difficult to understand rambled a bit about Elizabeth Holmes and blood tests. Another juror says he read about Holmes' trial, and he doesn't know if he can be unbiased b/c he was in the military and he holds people in powerful positions to a higher standard.
 
Dorothy Atkins@doratki
52m

After a break, an articulate juror w/ lots of tattoos says he's read a lot about the Holmes case and he's skeptical of startup culture. "I genuinely find it to be funny when they fail." But he says he knows he's called "to be vessel of justice" and he thinks he can be impartial.

Dorothy Atkins@doratki
38m

At least 3 potential jurors said they work in the healthcare industry or have family members who have to deal w/ the medical system regularly so they have strong opinions about heathcare providers. One says "I do feel a sense of betrayal" when services aren't provided as promised

Dorothy Atkins@doratki
31m

One youthful looking juror says he's annoyed that he's been called for jury service and he "may be a menace." He says it's the third time he's been called for jury service, and he just started a new job and need to move. He says if he were retired, he may be more open to it.

Dorothy Atkins@doratki
9m

The well-spoken man with the tattoos said he volunteered to fight in Ukraine and he's waiting to hear back from the embassy. If he's allowed, it could impact his jury service, he says.

Dorothy Atkins@doratki
21s

The court took a break, but we're back now. The judge says there was a fire outside next door where they're building an indoor mini-golf course. The fire was next to a prosecutor's car and someone was spraying fire retardant, which is "highly caustic stuff," the judge says.

Dorothy Atkins@doratki
1m

The courthouse building manager came out and told the people spraying the fire retardant "you're turning this into a toxic dump!" according to the judge.
 
Dorothy Atkins@doratki
24m

Balwani's counsel Jeff Coopersmith makes a motion to dismiss this entire jury panel and start over. He says the jury pool has already been tainted by jurors responding to q's about their media exposure to the case. Prosecutor Jeff Schenk opposes the motion.

Dorothy Atkins@doratki
22m

Prosecutor says "it cannot be the case that the knowledge of prejudicial information, even of one individual, is sufficient to excuse the juror." The jurors need to actually be biased. He cites the Boston marathon bomber case that the Supreme Court recently decided as support.

Dorothy Atkins@doratki
3m

The judge seems to side with prosecutors on this motion. He notes that when he asked, none of the jurors said their minds had been made up about the case.

Dorothy Atkins@doratki
1m

Judge Davila is going through various jurors that he's going to excuse for hardship. He says he won't excuse the young juror who said he was annoyed and that he has been called for jury service three times and is about to start a new job.

Dorothy Atkins@doratki
3m

The judge says he's sure there are other people in the courtroom who were also annoyed, but that's not an excuse for getting out of jury duty.
 
Dorothy Atkins@doratki
24m

The judge says he got word from the jury commissioner that one potential juror has just experienced what appeared to be a panic attack while the juror was waiting to be called back in. The judge agrees to excuses the juror.

Dorothy Atkins@doratki
15m

The judge called a potential juror who they're questioning outside the presence of other jurors. He says he remembers from the Holmes trial that "they tried to blame [Balwani] to get off," but that's all that he can remember.

Dorothy Atkins@doratki
5m

Balwani's counsel is pressing this juror, who says he's 81, on his memory of the news coverage. The juror says he only remembers that Holmes was guilty and that she was blaming Balwani and that they had dated. It sounds like he doesn't remember reading about any abuse claims.

Dorothy Atkins@doratki
1m

The juror says he doesn't think Balwani is innocent. "He's guilty of something." He also takes this as an opportunity to express concerns w/ the lengthy jury selection process. "It’s very frustrating. It doesn’t put us in a good frame of mind when we’re looking at 13 weeks of it"

Dorothy Atkins@doratki
4m

After the juror left, the judge says he's going to excuse him for financial hardship (he had vacations planned). They're calling up the rest of the jurors for some more voir dire.
 
Dorothy Atkins@doratki
2h

The rest of the jurors are back. I just noticed that the articulate juror with the tattoos who volunteered to fight in Ukraine is carrying a small backpack that has the Intuit logo across it.

Dorothy Atkins@doratki
1h

Balwani's atty asks the juror who volunteered to fight in Ukraine when he could get called to go. "I have no idea," he says. The juror explains he responded to a call by the Ukraine gov't for foreign volunteer fighters and followed the embassy's instruction, but he's waiting.

Dorothy Atkins@doratki
1h

Balwani's counsel asks if the juror has formed an opinion on Holmes' case in light of his "I did form an opinion but I don’t think it’s one terribly relevant to this case," b/c he knows his responsibility as a juror is to consider the evidence & presume the defendant is innocent.

Dorothy Atkins@doratki
1h

The judge interrupts the questioning and asks the juror what a “tabletop RPG” means in his juror questionnaire. He replies, do you know dungeons and dragons? The judge says “oh,” takes back his q and says the atty can move on.

Dorothy Atkins@doratki
1h

Balwani’s counsel moves on to question another juror who says she has back pain and sitting for long periods of time especially on wooden benches is too painful (omg girl, I feel you!)

Dorothy Atkins@doratki
1h

At one point a juror with a thick accent said she’s concerned about comprehension b/c she has a hard time understanding “big word” in English. The young juror who said he was annoyed earlier said he also has comprehension issues w/ big words and he added that he’s not that smart.

Dorothy Atkins@doratki
1h

Balwani’s counsel asks how many jurors ask how many jurors know about Balwani’s relationship with Holmes. About 9 of them said they heard about it and roughly half of them know the outcome of her trial.

Dorothy Atkins@doratki
1h

Balwani’s counsel asks if anyone has listened to Tyler Schultz or watched a Ted Talk by Erika Cheung. No one raises their hand.

Dorothy Atkins@doratki
34m

The judge just let most of the jurors go for the day. He's not excusing any of them (including the volunteer Ukraine fighter and the young annoyed juror) for now. He had four jurors stay so he can ask them about their knowledge of the outcome of the Holmes trial.

Dorothy Atkins@doratki
31m

One juror who remained for questioning says he knows about the outcome of Holmes' trial from reading Ars Technica. He also used to work for a startup that had a married couple who were executives so he knows how close couples can be in their decision making at companies.


Dorothy Atkins
@doratki
36m

After more than a half hour of questioning, the judge said he’s going to excuse the four jurors for potential bias.
 
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Thursday, March 10th:
*Jury Selection continues (Day 2) (@ 9am PT) - CA – *Ramesh “Sunny” Balwani (53/now 56) (CFO & President of Theranos) indicted & charged (6/14/18) & arraigned (6/15/18) with 9 counts of wire fraud & 2 counts of conspiracy to commit wire fraud. Another count of wire fraud was added in 2020, bringing the total number of felony charges to 12. Plead not guilty. No bond. Faces a maximum sentence of 20 years in prison & a fine of $2.75 million, plus restitution, & $250K for each individual count of wire fraud & conspiracy. Plead Not guilty.
Defrauding investors out of $700 million in funding for their blood-testing startup Theranos.
Trial set to begin on 3/15/22. There will be 12 jurors & 6 alternates. Trial Court will be in session on Tuesdays, Wednesdays & Fridays (from 9-3), but the jury may be asked to come in on some Mondays & Thursdays as well. Trial dates so far: jury selection 3/10, motions hearing on 3/11 & trial begins with opening statements on 3/15, 3/16, 3/18, 3/22, 3/23, 3/25, 3/29, 3/30, 4/1, 4/5, 4/6, 4/12, 4/13, 4/15, 4/19 & 4/20 so far.

Indictment & court info from 4/11/20 thru 3/8/22 reference post #10 here:
CA - Ramesh “Sunny” Balwani, 56, (Theranos), wire fraud charges
3/9/22 Jury Selection Day 1: The judge says the first batch of jurors are waiting to be called in for questioning. Balwani's counsel says he wants to excuse 14 jurors for bias in their questionnaires. Prosecutors object. Balwani's attorney also asks the judge what the protocol will be for questioning jurors individually. The judge says, "I think it’s rather fluid" & "the answer is, it depends."
Roughly 35 jurors have taken their designated seats & the Judge swore them in.
for more info see posts #12 & 13 here:
CA - Ramesh “Sunny” Balwani, 56, (Theranos), wire fraud charges
Balwani's counsel Jeff Coopersmith makes a motion to dismiss this entire jury panel and start over. He says the jury pool has already been tainted by jurors responding to questions about their media exposure to the case. Prosecutor Jeff Schenk opposes the motion.
for more info see posts #14 to 16 here:
CA - Ramesh “Sunny” Balwani, 56, (Theranos), wire fraud charges
The judge just let most of the jurors go for the day. He's not excusing any of them (including the volunteer Ukraine fighter & the young annoyed juror) for now. He had four jurors stay so he can ask them about their knowledge of the outcome of the Holmes trial. After more than a half hour of questioning, the judge said he’s going to excuse the four jurors for potential bias.
Jury selection continues on 3/10/22.

*Elizabeth A. Holmes (34/now 37) (CEO of Theranos) – Trial began on 9/8/21 & ended 1/3/22 with a verdict of guilty on 4 counts of 11. Next sentencing hearing on 9/26/22.
 
Dorothy Atkins@doratki
2h

Good morning! It's another sunny (no pun intended) day in San Jose, and I'm in Judge Ed Davila's courtroom waiting for day 2 of jury selection to begin in Sunny Balwani's jury trial. Today there'll be a new group of jurors q'd on their familiarity w/ the case. Standby for tweets.

Dorothy Atkins@doratki
2h

Jury selection can be the most unpredictable and entertaining part of trials, & yesterday's voir dire in Balwani's criminal fraud trial was a reminder of that. Here's my recap including some bonus details on the juror who volunteered to fight in Ukraine.

Balwani Jury Prospects Talk Ukraine War, Elizabeth Holmes - Law360


Dorothy Atkins@doratki
2h

Judge Davila is on the bench. He called in a juror to ask him about a medical condition requiring him to stand every 30 mins. The juror says he has restless leg syndrome from Parkinson's disease, and he takes medication for it, but he needs to walk around to stop leg seizures.

Dorothy Atkins@doratki
2h

The juror, who's a retired applied statistics professor, says his wife also is fighting cancer and he's concerned he could expose her to COVID-19. He adds "none of these things are overwhelming" (although they sure sound like they are). Judge Davila is excusing him for hardship.

Dorothy Atkins@doratki
1h

After an hour delay, a pool of roughly 35 prospective jurors are in the courtroom and have been sworn in. Judge Davila is giving them a rundown of the conspiracy and fraud charges against Balwani, as well as the court's COVID safety protocols. Everyone is masked in the courtroom.

Dorothy Atkins@doratki
1h

A juror, who is standing and who is a secretary at an elementary school has a medical condition, that requires her to stand. A couple other jurors say they have medical conditions that could impact their service. One woman says she'll be 31 weeks pregnant by the end of trial.

Dorothy Atkins@doratki
50m

A juror says he was retained by the Balwani's defense firm Orrick when he was a forensic accountant at Deloitte up until 2014, but he thinks he can be impartial. Another juror says she may know some of the witnesses.

Dorothy Atkins@doratki
49m

The judge asks who has read or heard about the government's case against Balwani and Holmes. Many hands go up. The first juror questioned says he heard about the case from NPR. (s/o@BobbyAllyn)

Dorothy Atkins@doratki
46m

The juror says he saw a preview of The Dropout on Hulu, but didn't watch the show and he thinks he can be fair and impartial. Another juror says she's aware of the company and the headlines, but she's not aware of the details of the case and she also thinks she can be impartial.

Dorothy Atkins@doratki
38m

Another couple jurors say they heard about the case through NPR. Judge Davila says "I think the take away so far is that NPR is doing a good job getting the word out."
 

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