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

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  • #241
on pins and needles too over here... what is this note about?

could it be something with a jury member?
 
  • #242
  • #243
Ok, they can't reach a decision
That's what I feared given the new note not long after the previous one.

The note reads: "After considering all evidence and given instructions, we have concluded that we cannot reach a unanimous verdict on 3 charges." Evan Sernoffsky@EvanSernoffsky
 
  • #244
Dorothy Atkins@doratki
2m

Judge Ed Davila is on the bench. He says he has the 4th note from the jury. He's giving the attorneys a copy of the note for them to review.

Dorothy Atkins@doratki
2m

Judge Davila reads the note from the jury that says "after considering all evidence and given the instructions we have concluded we cannot reach a unanimous verdict on three charges."

Dorothy Atkins@doratki
1m

Judge Davila says he wants the jury to return to the courtroom, and poll the jurors, asking if they agree with the statement. If they do, then he'll have them return to the jury room to complete the verdict form.

Dorothy Atkins@doratki
1m

Defense counsel wants to know if the judge would declare a mistrial for those three counts, which the judge says is a "fair question." The judge says once the jury has a completed verdict form, if there are 3 counts that "aren't responded to," he'll entertain mistrial motions.
 
  • #245
So...will we get the verdict on the 8 counts today?

eta: and will we get the guilty/not guilty numbers on the 3 counts?
 
  • #246
  • #247
Boy, oh boy.
 
  • #248
Dorothy Atkins@doratki
5m

So basically the judge is going to bring in the jury, double check w/ each juror that he/she can't reach a unanimous verdict on 3 of 11 counts, then have them go back and fill in the rest of the verdict, which he'll then have them read.

Dorothy Atkins@doratki
2m

Holmes' counsel doesn't want the jury to be discharged after the verdict is read. It's unclear to me why exactly. There's also some confusion over whether the jury has reached a verdict on the 8 other counts.

Dorothy Atkins@doratki
2m

The judge says he's not giving another Allen charge (ie. model instruction 7.7) but he's bringing in the jury to poll them and he'll then tell them to finish filling out the verdict form on the other counts.
 
  • #249
I think we will get the verdict on the 8 counts. I'm sure the jury wants to be done and go home.
nervous here.....
 
  • #250
Evan Sernoffsky@EvanSernoffsky
3m

The judge is asking if there's a reasonable probability that the jury can reach a verdict on 3 of the counts if they continue deliberations. No one raised their hands.

Evan Sernoffsky@EvanSernoffsky
3m

Judge Davila is now asking the foreman and jury to go back to the jury room and complete the verdict form if they are ready. STAY TUNED!!!

Evan Sernoffsky@EvanSernoffsky
14m

The judge and counsel are going back to chambers for a side bar while we wait to see if the jury will return with a verdict on the remaining 8 counts.
 
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  • #251
I think we will get the verdict on the 8 counts. I'm sure the jury wants to be done and go home.
nervous here.....
I think so too, whitelilac. I'm feeling confident she will be found guilty on most charges. Still, I'm equally nervous.
 
  • #252
I also feel so nervous. And also so sad for her baby, if justice is done as it should....
 
  • #253
Dorothy Atkins@doratki
9m

The jury is in the courtroom. Juror No. 2 is the foreperson, and the judge polled the jury. They are unanimous in that they can't reach a unanimous verdict on 3 of 11 counts against Elizabeth Holmes. Judge Davila says ok and tells them to finish filling out the verdict form.

Dorothy Atkins@doratki
9m

Prosecutor Jeff Schenk asks for a sidebar with the judge to discuss an issue. Unclear what about. My guess is that we'll get a verdict soon - within the hour.
 
  • #254
I sure hope they reached a GUILTY on the 8 they were able to agree on.
 
  • #255
I also feel so nervous. And also so sad for her baby, if justice is done as it should....
Yes, I know what you mean, Kavya01. I want justice for her victims but at the same time I can't help but feel sad for her unborn baby.
 
  • #256
  • #257
She's pregnant again?
What? I thought she was still pregnant. Did she lose the baby or did she have a baby?? I think I missed something. *Not unusual by the way* lol
 
  • #258
  • #259
dbm.....just posted (Holmes baby)
 
  • #260
Evan Sernoffsky@EvanSernoffsky
9m

We're still in the courtroom awaiting word from the jury. The judge and counsel are not present. Holmes is sitting up straight while her family is sitting quietly in the gallery behind her. This must be incredibly emotional and stressful for them.

Evan Sernoffsky@EvanSernoffsky
4m

If you're following along here's how the counts in the indictment break down.

1&2 are conspiracy.
3-8 are against investors.
9 was scrapped.
10-12 are against patients.
11 counts total.

The jury is deadlocked on 3 of them.

Evan Sernoffsky@EvanSernoffsky
3m

It's unclear which counts the jury cannot reach a verdict on or what they will decide on the remaining 8 counts.
 
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