CA - Elizabeth Holmes (Theranos) Wire Fraud Thread *Guilty* #2

[Niner]

Thanks for the updates @UndiscoveredTruth ! Wonder why they can't deliberate today - and have to wait until next Monday... Also wondering if the jury had any say in when they wanted to come back & deliberate?

 

[UndiscoveredTruth]

Thanks for the updates @UndiscoveredTruth ! Wonder why they can't deliberate today - and have to wait until next Monday... Also wondering if the jury had any say in when they wanted to come back & deliberate?

Right back at you @Niner

I went back and took another look at the CALENDAR you posted previously.

It says the Judge is unavailable Thursday 30th and Court Holiday on Friday 31st.

 

[Niner]

Right back at you @Niner

I went back and took another look at the CALENDAR you posted previously.

It says the Judge is unavailable Thursday 30th and Court Holiday on Friday 31st.

Ah! You are correct. Judge won't be there! Thanks for the reminder!

 

[Niner]

and from the court site:

Monday, Jan 3 2022
08:30AM
5:18-cr-00258-EJD-1 - USA v. Elizabeth A. Holmes
AUSA:Jeffrey Schenk/DEF: Kevin Downey
Further Jury Trial

link: CALENDAR


and Balwani has another added court date:

Wednesday, Jan 12 2022
09:00AM
5:18-cr-00258-EJD - USA v. Ramesh Balwani
Status Conference

Friday, Jan 14 2022
09:00AM
5:18-cr-00258-EJD-2 - USA v. Ramesh Sunny Balwani
Motions in Limine Hearing
Pretrial Conference

Tuesday, Jan 25 2022
10:00AM
5:18-cr-00258-EJD-2 - USA v. Ramesh Sunny Balwani
AUSA:Jeffrey Schenk/DEF:Jeffrey Coopersmith
Status Conference (Review Jury Questionnaires)

link: CALENDAR

 

[Lorenathered]

Thanks to Niner and Undiscoveredtruth for keeping me in the loop on this case. The longer the jury is out the more nervous I get that she will skate on this and not have to pay for all the damage she has done. We aren't just talking about rich people getting scammed out of millions, she did real damage to real patients with their results. I sadly don't think she understands that or cares. JMO.

 

[meanmaryjean]

Thanks to Niner and Undiscoveredtruth for keeping me in the loop on this case. The longer the jury is out the more nervous I get that she will skate on this and not have to pay for all the damage she has done. We aren't just talking about rich people getting scammed out of millions, she did real damage to real patients with their results. I sadly don't think she understands that or cares. JMO.

I honestly think it's more likely she's found guilty. The charges themselves are complex and there was so much tech talk in the testimony. Plus every time they take a break from deliberating I think the jurors have to get back up to speed with where they were in the process.

 

[Lorenathered]

I honestly think it's more likely she's found guilty. The charges themselves are complex and there was so much tech talk in the testimony. Plus every time they take a break from deliberating I think the jurors have to get back up to speed with where they were in the process.

Hope you are right. Being in IT for more years than I care to admit, I do tend to forget how confusing it can be to others.

 

[JerseyGirl]

Jury in Elizabeth Holmes trial takes break for New Year

 

[UndiscoveredTruth]

Thanks to Niner and Undiscoveredtruth for keeping me in the loop on this case. The longer the jury is out the more nervous I get that she will skate on this and not have to pay for all the damage she has done. We aren't just talking about rich people getting scammed out of millions, she did real damage to real patients with their results. I sadly don't think she understands that or cares. JMO.

Always welcome, Lorenathered.

I agree with everything you've said. There's so many victims in this case. She deserves everything she gets and some more!!!

 

[UndiscoveredTruth]

Dorothy Atkins@doratki
Jan 1

As a reporter who has covered every day of Elizabeth Holmes’ trial, I’m disturbed by the fact this exhibit has been going viral out of context. Holmes claims Balwani wrote this “daily schedule” for her - which would explain the “do everything I say” line in it.

Internal Tech Emails@TechEmails
Dec 1, 2021

Elizabeth Holmes's daily schedule Circa 2005–2009

Dorothy Atkins@doratki
Jan 1

Think what you will of Holmes’ guilt, but when the butt of a joke is a woman who claims she was the victim of sexual violence, I lose my sense of humor.

Dorothy Atkins@doratki
Jan 1

And to be clear, a person can be a victim of domestic violence and also be convicted of wire fraud and conspiracy. They’re obv not mutually exclusive, and prosecutors and even her own attorneys acknowledged that in closings, so the jury is well aware.

 

[Niner]

Here's to hoping for a speedy verdict TODAY!! Guilty of course...


Monday, January 3rd:
*Trial continues (Day 46)-VERDICT WATCH! (Day 8) (@ 8:30am PT) - CA – for *Elizabeth A. Holmes (34/now 37) (CEO of Theranos) charged (March, 2018) & indicted (6/14/18) & arraigned (6/15/18) with 9 counts of wire fraud & 2 counts of conspiracy to commit wire fraud and charged & indicted (4/11/20) with fraud relating to a patient's blood test. Another count of wire fraud was added in 2020, bringing the total number of felony charges to 12. Plead not guilty. $500K unsecured bond. Out on bond. Faces a maximum sentence of 20 years in prison & up to $2.75 million in fines, plus restitution, & $250K for each individual count of wire fraud & conspiracy.
Defrauding investors out of $700 million in funding for their blood-testing startup Theranos.
Trial began on 8/31/21 with jury selection & completed on 9/1/21. 12 jurors of 7 men & 5 women (6 Caucasians, 4 Hispanics & 2 Asians) with five alternates (3 men & 2 women). Juror #7 excused & replaced with alternate #1. Now jurors are 8 men & 4 women. Alternates 2 men & 2 women. 10/6/21: Juror #4 excused & replace with alternate #2. Now jurors are 8 men & 4 women. Alternates 2 men & 1 woman. 10/22/21: The judge excused Juror #5, moving up the third alternate to replace the juror. Both are women. No word on why the juror was excused. Now jurors are 8 men & 4 women. Alternates 2 men.
Trial began on 9/8/21 & ended with closing arguments on 12/17/21. Jury began deliberations on 12/17: ½ hour. 12/20: 6 ½ hours with 1 hour lunch. 12/21: ~7 ½ hours. 12/23: ~7 ½ hours. 12/27: ~7 ½ hours. 12/28: ~7 ½ hours. 12/29: ~7 ½ hours. Total: ~44 ½ hours.
The Court trial days will be Tuesday, Wednesday & Friday, possibly other half days. The Court may modify the trial time & set either 8:30am-2pm or 9am-2pm & possibly 30-minute breaks in between. Judge Edward J. Davila presiding.
Trial dates: 1/3/22-Jury continues deliberations; from 12/24/21 thru 1/7/22 court is closed.
Indictment & court info from 4/11/20 thru 8/26/21 & on 9/30/21 & on 11/2/21 & jury selection (Day 1-3) 8/31 to 9/2/21 & trial & jury deliberations 9/8 thru 12/28/21 (Day 44/Verdict watch: Day 1-6) & 9/8 to 12/16/21 & motions hearing on 11/8, 11/19 & 12/7/21 & charging conference on 12/3 & 12/10/21 reference post #173 here:
VERDICT WATCH - CA - Elizabeth Holmes (Theranos) Wire Fraud Thread #2
12/29/21 Thursday, Trial Day 45/Day 7 of Verdict Watch: Jury continues deliberations. The jurors started deliberations at 8:30am.
From 11:08-11:31am: Sealed proceeding was held. Present: Jeffrey Schenk, Robert Leach, defense attorneys Kevin Downy, Lance Wade & Elizabeth Holmes was not present. The Court ordered transcript sealed & the transcript cannot be accessed without Court order. No questions today. The jury said in a court filing that they would be taking a break until Monday despite the expectation that deliberations would continue on Thursday morning. The jury was initially scheduled to have off Friday, New Year's Eve. The jury did not leave an explanation as to why they paused discussions. They also did not provide information on the decision progress. Total deliberations today: 7 ½ hours. Back on Monday, 1/3/22.
*Ramesh “Sunny” Balwani (53/now 56) (CFO & President of Theranos) – Status hearing on 1/12/22, pretrial conference hearing (Motion in Limine) on 1/14/22 & status conference hearing on 1/25/22. Trial was set to begin on 1/11/22 with jury selection & trial on 1/18/22 have been cancelled.

 

[TheLoadedGoat]

Where is Dorothy????

 

[MaryG12]

Holmes jury to resume deliberations after holiday break

The jury will now spend its seventh day trying to decide if she was a crook.

 

[UndiscoveredTruth]

Where is Dorothy????

Dorothy Atkins@doratki
1h

Good morning and happy New Year from a sunny San Jose! I'm back in the courthouse waiting for a verdict in Elizabeth Holmes' criminal fraud trial. Is the 7th day of deliberations gonna be the day?

Ya, you betcha!

Nah, doubt it.

 

[UndiscoveredTruth]

Evan Sernoffsky@EvanSernoffsky
2h

Back at the federal courthouse in SJ awaiting a verdict in the Elizabeth Holmes case. It’s day 7 of deliberations.
#theranos
@KTVU

Evan Sernoffsky@EvanSernoffsky
1m

BREAKING: The jury in the Elizabeth Holmes case has a note for the court. There will be a hearing at 10:45 a.m. to hear the contents of the note. This is the third note the jury has sent over 7 days of deliberations.
@KTVU

Evan Sernoffsky@EvanSernoffsky
3m

Attorneys on both sides are huddled up discussing the contents of the mysterious note.

Evan Sernoffsky@EvanSernoffsky
2m

The judge is asking if he should step down. Prosecutor Bob Leach said "no," he just needs to confer with the defense. Kevin Downey agrees and now both sides are huddled up together.

Evan Sernoffsky@EvanSernoffsky
3m

Judge Davila reads note No. 3: “We are unable to come to an unanimous verdict on three of the counts.”

Evan Sernoffsky@EvanSernoffsky
3m

JUST IN: Jury in Elizabeth Holmes case sends note to court saying it cannot reach consensus on 3 of the 11 counts. The attorneys are discussing how to proceed. The judge may instruct the jury on how to continue deliberations
@KTVU
#Theranos

Evan Sernoffsky@EvanSernoffsky
3m

Downey urges Davila to not give the instruction. He said it could potentially be coercive.

Evan Sernoffsky@EvanSernoffsky
3m

Judge Davila is considering giving inquiry to the jury to determine the extent of the deadlock before giving the 7.7 instruction.

Evan Sernoffsky@EvanSernoffsky
5m

In mulling his reply to the jury, Davila is very cautious: "None of us want in anyway to suggested to the jury anything coercive with regards to the deliberations."

Evan Sernoffsky@EvanSernoffsky
1m

It's important to note that we don't know which counts the jury is deadlocked on. Holmes faces 2 counts of conspiracy and 9 counts of wire fraud.

Evan Sernoffsky@EvanSernoffsky
1m

The judge will read this instruction to the jury now: Members of the jury, you have reported that you have been unable to reach a unanimous verdict “on three of the counts” in this case. I have decided to suggest a few additional thoughts to you.. (with modifications in quotes)

Evan Sernoffsky@EvanSernoffsky
2m

Here is the full instruction without the modifications >> https://ce9.uscourts.gov/jury-instructions/node/395

 

[UndiscoveredTruth]

Dorothy Atkins@doratki
4m

NEWS! The court received a jury note. A proceeding will be held at 10:45 a.m. (In about 30 mins) Standby

 

[UndiscoveredTruth]

Dorothy Atkins@doratki
38m

Elizabeth Holmes is in the courtroom, along with her attorneys. Prosecutors are here as well.

Dorothy Atkins@doratki
2m

Judge Ed Davila is on the bench. He says the jury has a note (it's their 3rd). The judge gives copies of the note to the attorneys to review, but he hasn't read it aloud.

Dorothy Atkins@doratki
1m

He asks the attorneys to read the note and let him know if they have any comments. The attorneys are whispering back and forth to each other as they review it. (Oh, the suspense!)

Dorothy Atkins@doratki
2m

The prosecutors and defense team are conferring with each other over the note. They're flipping through binders of documents and pointing to various pages. (This makes me think it's a specific evidentiary question about an exhibit.)

Dorothy Atkins@doratki
2m

Judge reads the note. He says the jury is unable to reach a unanimous verdict on three counts.

Dorothy Atkins@doratki
2m

Prosecutor Robert Leach suggests the judge should give the jury a model jury instruction 7.7. (A version of it is attached). Holmes' counsel Kevin Downey objects to giving the instruction now.

Dorothy Atkins@doratki
2m

Downey notes that it's the 8th day of jury deliberations if you count the 30 mins of the first day of deliberations. He says "they've been at it for a long period of time" over the 11 counts, and the instruction "could be heard as coercive."

Dorothy Atkins@doratki
7m

It's unclear if the jury reached a unanimous verdict on the remaining 8 counts. The parties are arguing over what to do next. But the judge says he's going to read 7.7 model instruction w/ a modification.

Dorothy Atkins@doratki
3m

Judge Davila is reading the model instruction as well as jury instruction No. 2 (which is below). After that, he's going to send them back to deliberate some more.

Dorothy Atkins@doratki
9m

The judge just finished reading the instructions and the jury went back to deliberate some more. Here's my cheat sheet of the 11 counts against Elizabeth Holmes.

 

[UndiscoveredTruth]

Evan Sernoffsky@EvanSernoffsky
12m

The jury is in court.

Evan Sernoffsky@EvanSernoffsky
11m

The judge is re-reading the note to the jury now. He's going to read the initial instruction and ask them to continue deliberations.

Evan Sernoffsky@EvanSernoffsky
9m

The judge is also re-reading jury instruction No. 2. It covers that Holmes is presumed innocent...etc.

Evan Sernoffsky@EvanSernoffsky
9m

The judge is sending the jury back to continue deliberations

Evan Sernoffsky@EvanSernoffsky
8m

And on that note, we're back in recess while the jury continues its seventh full day of deliberations. But a little light into the process. The panel is struggling on 3 of the counts. Which ones? Who knows?

 

[whitelilac]

Oh brother

If the jury cannot come to a decision on three counts, but are unanimous on the other 8 counts, it still means a hung jury on all, is that correct?

 

[UndiscoveredTruth]

KTVU@KTVU
38m

BREAKING: Elizabeth Holmes case: Jury stuck on three counts in fraud case https://bit.ly/3pQh7Yo via @EvanSernoffsky