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

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  • #221
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?
If you're correct, I'll be majorly p***** off. Hopefully you're wrong!
 
  • #222
  • #223
Found this:
"If the jury cannot agree on a verdict on one or more counts, the court may declare a mistrial on those counts. A hung jury does not imply either the defendant's guilt or innocence. The government may retry any defendant on any count on which the jury could not agree."

so, I 'm understanding a unanimous verdict on certain counts, stands......hopefully.
 
  • #224
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?
If you're correct, I'll be majorly p***** off. Hopefully you're wrong!
I have no idea....sure hope I'm wrong.
Me too.
lol.gif
 
  • #225
Found this:
"If the jury cannot agree on a verdict on one or more counts, the court may declare a mistrial on those counts. A hung jury does not imply either the defendant's guilt or innocence. The government may retry any defendant on any count on which the jury could not agree."

so, I 'm understanding a unanimous verdict on certain counts, stands......hopefully.
Thanks for that info.

Yeah, and I hope you're right this time!
thumb_up.gif
 
  • #226
@whitelilac Look what I missed which was tweeted an hour ago. (I feel such a
loser.gif
) lol.


Dorothy Atkins@doratki
1h

Since a few of you are asking, it's possible for the jury to reach a unanimous verdict on 8 counts and be hung on others. Even if they deadlock on some counts, that doesn't mean that the whole verdict will be thrown out and a mistrial will be declared.
 
  • #227
@whitelilac Look what I missed which was tweeted an hour ago. (I feel such a
loser.gif
) lol.


Dorothy Atkins@doratki
1h

Since a few of you are asking, it's possible for the jury to reach a unanimous verdict on 8 counts and be hung on others. Even if they deadlock on some counts, that doesn't mean that the whole verdict will be thrown out and a mistrial will be declared.
Excellent ! ty
 
  • #228
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.
For those who're curious how the poll votes are going thus far.

  • Ya, you betcha!
    40.8%

  • Nah, doubt it.
    59.2%
 
  • #229
  • #230
Jurors in the Elizabeth Holmes trial are deadlocked on some charges.

'If the jury is unable to reach a verdict on all of the counts, Judge Davila could accept a verdict on the counts they do agree on, said Andrew George, a white-collar defense lawyer at the firm Baker Botts. That would mean Ms. Holmes could be retried on the three counts.

But a retrial is less likely if she is found guilty on the other counts, Mr. George said. “The government will have won,” he said.

He added that a partial verdict was not ideal in a long trial because “it’s dissatisfying for all involved” but that “the nightmare of a total mistrial is very unlikely.” '
 
  • #231
Holmes jury deadlocked on three of 11 criminal charges | Daily Mail Online

1/3/2022

[..]

But on Monday, jurors in the issued a statement to US District Judge Edward Davila saying they could not reach a verdict on three of her 11 counts, though they did not specify which counts they were unable to reach a verdict for.

Following the announcement, Judge Davila publicly raised the possibility of a partial verdict if the jurors remain conflicted on returning verdicts for any of the charges.

He then ordered them to deliberate further under an 'Allen charge,' and instructed the eight men and four women who comprise the jury to do their best to reach a verdict, reminding them that Holmes is presumed innocent 'unless or until the government proves her guilt beyond a reasonable doubt.'

If the jury is still unable to reach a verdict, Davila said, a mistrial could be declared on those three counts and Holmes could be retried.

[..]
 
  • #232
  • #233
Elizabeth Holmes Trial: Live Updates

1/3/22

A federal judge instructed jurors in the criminal-fraud trial of Elizabeth Holmes to continue deliberating after they said they were unable to reach a unanimous verdict on three of the 11 charges against the Theranos Inc. founder.

Jurors communicated their status after 46 hours of deliberations with a note to the court just before 10 a.m. on Monday, the seventh day of deliberations, suggesting they may have reached a unanimous verdict on the remaining eight counts.

After consultation with lawyers on both sides, U.S. District Judge Edward Davila instructed the jury to keep deliberating and reminded them of the instructions they must follow to make their decision and that the prosecution has the burden to prove Ms. Holmes’s guilt beyond a reasonable doubt.

“Take as much time as you need to discuss things. There is no hurry,” Judge Davila said, reading aloud what is known as an “Allen charge” or a “dynamite charge” used to help deadlocked juries reach a verdict. He then sent the 12 jurors back to continue deliberating, telling them to notify the court if they have additional questions.
 
  • #234
Elizabeth Holmes trial: Jury is deadlocked on 3 of 11 fraud charges

1/3/21

Jurors in the criminal fraud trial of Elizabeth Holmes sent a note to the judge on Monday morning saying they could not reach a unanimous decision on three of 11 fraud charges against the former Silicon Valley executive.

The note, however, seemed to suggest that they all agree on at least eight counts. If that's the case, it puts to rest speculation that they couldn't reach a verdict at all, which would have led to a mistrial.

[..]

U.S. District Judge Edward Davila responded by reading the jury an Allen charge — instructions that encourage jury members to keep deliberating until they reach a unanimous decision on all charges.

Under federal court rules, juries can come up with verdicts in which some of the charges are undecided, but it is rare. So far, it is unclear which way the jury was leaning: guity, not guilty or mixed.
 
  • #235
Dorothy Atkins@doratki
4m

MORE NEWS! We've got another note. The judge will read the note at 3:10 p.m.

*It's 2.50 pm so in approx. 20mins. time*
 
  • #236
  • #237
I'm actually encouraged that there might be a guilty verdict on the other 8 counts.
Yeah, after learning abit more I'm feeling a whole lot better. :D
 
  • #238
Evan Sernoffsky@EvanSernoffsky
17m

BREAKING: There’s another note in the Elizabeth Holmes case. Hearing set for 3:10 pm.
@KTVU

Evan Sernoffsky@EvanSernoffsky
2m

In court now to hear the contents of the jury's second note. The prosecution team is in court. Holmes' family is in the gallery. We're still waiting on the defendant and the judge. Earlier today the jury said it was unable to reach a unanimous verdict on 3 of the counts
 
  • #239
Dorothy Atkins@doratki
1m

My mood rn day 53 in the courthouse as we brace ourselves for another jury note.


Dorothy Atkins@doratki
Dec 8, 2021

Me, over the weekend at a party: "Oh, you have a strong opinion about Elizabeth Holmes, but haven't really been following her trial? Please, tell me more."

*
rofl4.gif
@ Dorothy *
 
  • #240
Dorothy Atkins@doratki
2m

Elizabeth Holmes is in the courtroom, along with her family members, who are watching from the gallery. Prosecutors are here as well. We're just waiting for the judge.
 
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