CA - Elizabeth Holmes (Theranos) Wire Fraud

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Dorothy Atkins@doratki
1h

Jury is filing back in and I'm debating in my mind who Rosendorff dislikes most: Daniel Young, Sunny Balwani or Lance Wade.

Dorothy Atkins@doratki
1h

Notably, Rosendorff hasn't said anything yet that has made me think he definitely dislikes Elizabeth Holmes, even though this whole trial is about her.

Dorothy Atkins@doratki
1h

Speaking of Holmes, Wade just brought up Rosendorff's May 2014 meeting when he told Holmes he was "freaked out" by the wide range of hCG results he was seeing. Rosendorff tells Wade: She seemed pretty calm about the whole thing. She didn’t seem to share my level of alarm.

Dorothy Atkins@doratki
1h

To counter Rosendorff's testimony, Wade points to an email that Balwani sent Holmes (presumably before she met with Rosendorff) telling her about the hCG problem. Wade points out that Holmes replied six minutes later: "How did that happen?"

Dorothy Atkins@doratki
1h

Rosendorff said in his direct examination that he didn't meet with Elizabeth Holmes on hCG patient data, but Wade points to Holmes' calendar from May 2014 that shows they met for about an hour. He says "ok."

Dorothy Atkins@doratki
1h

Oh boy. Lance Wade and Adam Rosendorff are quibbling over the exact time in PST Rosendorff sent an email to Elizabeth Holmes. Rosendorff is getting annoyed: "Do I have an independent recollection of when I sent this email from seven years ago? No, I do not."

Dorothy Atkins@doratki
1h

Balwani wrote in a June 2014 email that Rosendorff was "EXTREMELY frustrated" that as a lab director he wasn't being kept in the loop when "we are asking CLIA members to run R&D experiments w/o him being involved or aware." Balwani said the info "has to" go through Rosendorff.

Dorothy Atkins@doratki
1h

Rosendorff says that at the time: For me the urgency was to offer an hCG test that was accurate. The urgency for me was not to put the hCG test back on the Edison.

Dorothy Atkins@doratki
55m

Wade is trying to get Rosendorff to concede that Theranos' hCG testing complaints were partly due to reagents being backordered. Rosendorff keeps saying he wasn't aware of the backorder issue.

Dorothy Atkins@doratki
47m

Wade gets Rosendorff to acknowledge that Theranos removed 2 of 6 data points in its quality control tests. But he adds: "I thought it was unusual. I hadn’t recalled it being done anywhere."

Dorothy Atkins@doratki
34m

Wade gets Rosendorff to agree that fielding customer service complaints can be a difficult job. Rosendorff notes that he wasn't involved in Theranos sales and "by the time [complaints] were escalated to me the vast majority of them pointed to serious issues."

Dorothy Atkins@doratki
29m

Trial is breaking for the day. After three-days, Lance Wade still hasn't finished Adam Rosendorff's cross-examination.

Dorothy Atkins@doratki
27m

Lance Wade says he thinks he'll go "all day" Tuesday cross-examining Rosendorff. But he'll review his notes and let prosecutors know over the weekend if he thinks he'll wrap cross early enough for another witness.
https://twitter.com/doratki/status/1443995704079228931
https://twitter.com/doratki/status/1443996681557532675
 
mickey2942 said:
Making Elizabeth Holmes’ cringey texts public is the ultimate crime deterrent

OMG! Public text messages! Stop the madness! These are enough. Seriously, people write this stuff?

"You are my ocean". Nooo....

Note to self: all text messages could be read in open court one day!
Click to expand...
meanmaryjean said:
I would plead guilty to anything they asked to avoid having that read in open court.
Click to expand...
investikater said:
wtf?
Click to expand...

This is the one everyone is going nuts over

Holmes:
"You are the breeze in desert for me."
"My water."
"And ocean."
"Meant to be only together tiger."

Balwani: "OK"
Click to expand...

Did they actually have a relationship?
 
Dorothy Atkins@doratki

Hello! I'm in San Jose for day 11 of US v Elizabeth Holmes and day 4 of ex-Theranos lab director Adam Rosendorff's cross-examination. Judge Davila is on the bench, and Holmes' counsel Lance Wade is asking the judge to let him probe Rosendorff on his post-Theranos work.

Dorothy Atkins@doratki
3h

Wade says Rosendorff is incompetent and was fired from one post-Theranos lab director job after 50k quality control tests failed. Another employer, uBiome was investigated for fraud, he says. Wade: "If he’s incompetent and didn’t do his job that’s exculpatory of Ms. Holmes."

Dorothy Atkins@doratki
3h

Wade also argues that Rosendorff also lied on his resume and faces career pressure to go along with the government to avoid prosecution in other cases. Judge Davila notes that "this sounds like character evidence."

Dorothy Atkins@doratki
3h

Prosecutor John Bostic argues that defense counsel's claims regarding his other employers are "trials in their own right" and the uBiome investigation involved charges over fraudulent healthcare billing, which Rosendorff said under oath had nothing to do with him.

Dorothy Atkins@doratki
3h

Bostic adds that defense attorney's bias argument is "too attenuated," and there's no evidence Rosendorff's testimony in this case would shield him from charges in other investigations against his former post-Theranos employers. "The nexus just hasn’t been established," he says.

Dorothy Atkins@doratki
3h

Judge Davila isn't ruling yet, but he tells defense counsel: "I do have some issues about going into everything you talk about this morning. I do think that’s a little bit too broad."

Dorothy Atkins@doratki
3h

Judge Davila asks Wade how much time he has left with this witness. Wade says he thinks he'll pass Rosendorff in the afternoon, and prosecutors estimate 90 minutes for redirect. "I anticipate the redirect to be much, much shorter than the cross," Bostic says.

Dorothy Atkins@doratki
3h

Judge Davila says his clerk received a "very difficult and somewhat troubling" call from "Dr. Kral" that she had been contacted by a journalist about an unredacted exhibit that included her patient's info. The exhibit had already been removed from the docket, the judge says.

Dorothy Atkins@doratki
3h

The judge says he doesn't know who the journo was (wasn't me) but he wants the attys to do better. "We can't do this. This is a trial that involves a lot of exhibits, many exhibits that involve proprietary health info.. It's inappropriate for their privacy to be invaded by this."

Dorothy Atkins@doratki
3h

Judge Davila says today he's also going to question jurors individually in his chambers about their juror questionnaires, b/c a media coalition (including me and Law360) have asked the judge to unseal their questionnaires.
 
Dorothy Atkins@doratki
3h

Holmes' attys wants to be present during the judge's questioning, but Judge Davila says that'd be intimating and the goal of the q's is to assess jurors' comfort level with the info in their questionnaires being unsealed. There will also be a court reporter transcribing the q's.

Dorothy Atkins@doratki
3h

Prosecutors defer to the judge on the issue but defense counsel insists that it's important for attys to be present during juror q's and it's not intimidating. Judge: "A couple of blue suits sitting next to them in judge’s chambers. What could be intimidating about that?"

Dorothy Atkins@doratki
3h

The jury is back in the courtroom, and Rosendorff is on the bench. Wade starts day four of Rosendorff's cross pointing to Rosendorff's email to Holmes and Balwani in Feb 2014 that asked them to discontinue Theranos' HDL tests after their QC passed, but there was a "CTN problem."

Dorothy Atkins@doratki
2h

Wade presses Rosendorff on the HDL tests and tries to get him to concede that the QC tests had actually failed and there wasn't a CTN problem. Rosendorff won't concede the point, so now we're going through a bunch of emails b/w Rosendorff and Balwani about HDL.

Dorothy Atkins@doratki
2h

Wade points to Daniel Young's Feb 18 email in which he writes that the QC data on HDL tests "should have raised an alarm flag several weeks ago.” Rosendorff disagrees: "No, because if the QC pasts then it should be cleared for patients."

Dorothy Atkins@doratki
2h

Wade says if Theranos had applied "Westguard rules," the QC data would've failed. Rosendorff says repeatedly that Theranos never adopted Westguard rules into its policy. Wade points out that as lab director he was responsible for Theranos' lab policy. The rules from wiki:

FA8z3TIVEAEeTLK


https://pbs.twimg.com/media/FA8z3TIVEAEeTLK?format=png&name=900x900


Dorothy Atkins@doratki
2h

Rosendorff acknowledges that Young and Balwani "jumped on the problem" of the HDL tests, but won't concede the point about catching QC data failures and Westguard rules. Moving on.

Dorothy Atkins@doratki
2h

Holmes' attorney Lance Wade asks ex-Theranos lab director Adam Rosendorff about Theranos' "soft launch" in late 2013.

Wade: It was a soft launch.

Rosendorff: Those are patients.

Wade: That was a soft launch for friends and family.

Rosendorff: Those are patients.


Dorothy Atkins@doratki
2h

Rosendorff is having trouble with the binder. "Can somebody come help me with the binder? It's just opened up and the pages are... Can somebody help with that?" Wade does a big ol' eyeroll and takes the binder from him.

Dorothy Atkins@doratki
2h

Wade points to a May 2014 email Balwani wrote saying "We need to keep this project, the code, calibration and everything we learned here as a Theranos trade secret." Balwani added that except Rosendorff, no one in the lab "needs to know our secret sauce."

Dorothy Atkins@doratki
1h

Wade points to Rosendorff's testimony on direct that Theranos had more complaints than his prior job U. Pittsburg hospital, which had a high volume lab. Rosendorff agrees all labs have issues - "the higher the volume the more issues you would expect, but Theranos was low volume."

Dorothy Atkins@doratki
1h

Trial is taking a break for 45 minutes. We're going until 3 p.m. this afternoon. Brb...
 
Dorothy Atkins@doratki
39m

We're back! Holmes' counsel points out that ex-Theranos lab director Adam Rosendorff was looking for a job in mid-2013 shortly after he was hired and had a "foot out the door" until he left in 2014. He replies "I can’t answer yes or no to that" & he was dedicated to his job.

Dorothy Atkins@doratki
35m

Rosendorff says he looked for jobs "on occasion" while at Theranos from 2013 to 2014. Defense counsel points out he was considering filing a qui tam whistleblower suit against Theranos, and would've gotten 15-20% of the gov't recovery. He agrees, but said he didn't know the %.

Dorothy Atkins@doratki
35m

Rosendorff notes he never ended up filing the whistleblower suit against Theranos and he hired lawyers to advise him about it. "I paid those lawyers out of my own pocket," he points out.

Dorothy Atkins@doratki
34m

Defense counsel tries to get Rosendorff to concede there's no email from Balwani or Holmes that says the co wouldn't fund AAP for Theranos' proficiency testing. Rosendorff says he was told 'no,' and "it wasn’t my place to be directing the company to be allocating resources."

Dorothy Atkins@doratki
31m

(Holmes attorney Lance Wade's questioning and tone are much more aggressive than he was this morning and late last week. He's jumping from topic to topic too, so it makes me think he may be trying to wrap this exam up in a crescendo.)

Dorothy Atkins@doratki
28m

Wade points to Rosendorff's resume. Rosendorff tells Wade: "I don't know if you every try to apply to a job, but it generally doesn’t serve you to indicate that you worked for a company that's accused [of fraudulent practices.]" Wade moves to strike, but the judge overrules.

Dorothy Atkins@doratki
21m

Wade shows Rosendorff his Nov 12, 2014 job offer from Invitae, which was about to go public. Invitae offered Rosendorff $260k and 75k shares. Rosendorff says he made ~$15k more at Invitae than Theranos and only a few $1ks from Invitae stock. He accepted the offer the same day.
 
Dorothy Atkins@doratki
19m

On Nov. 13, Rosendorff wrote Sunny Balwani resigning and said "I appreciate the opportunity to work with this company, and to have interacted with so many talented and dedicated individuals." Balwani replied the same day saying "Thanks for your commitment."

Dorothy Atkins@doratki
17m

Two days later, Rosendorff sent a company-wide email out of concern after being told Theranos would do Ebola tests. Elizabeth Holmes replied to him the same day saying many folks didn't think the was true.

Dorothy Atkins@doratki
18m

Rosendorff then sent Holmes and Balwani an email: "I feel really uncomfortable with what is happening right now in this company. Is there any way you can get Spencer back on the CLIA license and take me off?"

Dorothy Atkins@doratki
17m

Wade said Rosendorff escalated these issues and sent the emails, b/c he wanted to get out of his 60 day commitment to work at Theranos, so he could start earlier at Invitae. Resendorff replies "No," the Ebola tests were "the final straw" and he didn't believe it to be a rumor.

Dorothy Atkins@doratki
10m

Wade brings up a Nov 14, 2014 email in which Rosendorff "passed" on speaking to a dr about Theranos tests, and says Rosendorff was trying to leave and start at Invitae. Rosendorff: "No, I wanted to be off the license b/c I was uncomfortable with the legal responsibility.”

Dorothy Atkins@doratki
3m

Wade points out Balwani told Rosendorff he could stay if he wanted, but Rosendoff recalls saying "no, it wasn’t worth the risk to my reputation." Wade says Rosendorff 'stole' 150 Theranos emails including 'extensive' patient info. Rosendorff emailed info but says he deleted it.

Dorothy Atkins@doratki
2m

Rosendorff says "Sunny very aggressively ordered me" to sit with Theranos' HR head and delete his emails, b/c he was concerned of IP theft, but Rosendorff says he refused and deleted them later. Wade accuses Rosendorff of "lying again and again" about deleting emails.

Dorothy Atkins@doratki
36s

Wade wraps Rosendorff's exam except for his questions about Rosendorff's post-Theranos employment at uBiome and PerkinElmer Inc. "That's essentially all I have left," Wade tells the judge.

Dorothy Atkins@doratki
44s

The judge excused the jury for the attorneys to discuss the issue. Prosecutor John Bostic says given the "breadth and style" of Wade's cross of Rosendorff, "probing these topics is really asking for extraneous issues to be litigated, which this trial is not set up to do."

Dorothy Atkins@doratki
17m

Judge Davila tells Wade he wants to challenge Rosendorff's competency, and "We’ve had four days of that. You’ve done that. You’ve accomplished that. It does seem to be character evidence. I do think that’s more prejudicial than probative."

Dorothy Atkins@doratki
15m

The judge says he won't allow Wade to ask Rosendorff about uBiome, but he can "lightly probe" Rosendorff on potential bias in light of CMS investigation of PerkinElmer, where he is currently a lab director.

Dorothy Atkins@doratki
13m

Judge Davila says the fact that the same two CMS investigators who investigated Theranos also investigated PerkinElmer is relevant. "Maybe it’s just a pure coincidence, but because of what it is, I'm going to allow you go into that," the judge tells Holmes' counsel.

Dorothy Atkins@doratki
10m

Judge Davila warns Wade not to be "cumulative" in his questioning and repeat himself, adding "we had four days and you were very thorough." He notes Wade should also not get into the specific details of the PerkinElmer CMS probe, b/c it's not relevant.

Dorothy Atkins@doratki
10m

Court's taking a 10 minute break. Standby...
 
Dorothy Atkins@doratki
1m

We're back. Rosendorff is on the stand, and Wade asks him about his current work as a lab director at PerkinElmer in Valencia, Calif. Rosendorff says CMS investigators came into PerkinElmer "earlier this year" and "most of the proceedings were document review."

Dorothy Atkins@doratki
5m

Wade gets Rosendorff to concede that the outcome of CMS' investigation of PerkinElmer could result in his lab director license being suspended for two years. With that, Wade wraps Rosendorff's 4-day cross-examination. (hallelujah)

Dorothy Atkins@doratki
3m

On redirect, Rosendorff says he wanted the "story to come out" about Theranos and he had to deal with media attention and "very unpleasant" situations in light of speaking out about his time at Theranos.

Dorothy Atkins@doratki
22m

Rosendorff says while he was at Theranos there were "analytic and pre-analytic" errors with the blood tests and initially he was "enthusiastic" about the co and gave Theranos "the benefit of the doubt," but he came to believe "many of the tests were inaccurate."

Dorothy Atkins@doratki
21m

Rosendorff says Elizabeth Holmes "wanted to rapidly expand the use of the Edisons," but he says his impression of her came from his meetings with Daniel Young and others. "It wasn’t anything in particular Holmes said to me or a specific email I can point to," he says.

Dorothy Atkins@doratki
19m

Rosendorff: "There was tremendous pressure...It came from the top. It permeated R&D. It was creating conflicts with me. At certain points I thought I might be fired if I took a strong position on it." He adds he thought Sunny would fire him, but consult with Holmes.

Dorothy Atkins@doratki
13m

Prosecutor John Bostic brings up Theranos' lab info system, and Rosendorff agrees that the database wouldn't include info on whether patient tests were inaccurate. (This is the database that WilmerHale attys helped lose the decryption key to.)

WilmerHale Attys Helped Lose Theranos Data, Judge Says - Law360


Dorothy Atkins@doratki
5m

Trial is taking another short break. The judge says trial may go to 4 p.m. for the government to finish redirect. We won't get another witness on the stand today.
 
Dorothy Atkins@doratki
33m

We're back. Bostic asks Rosendorff about validation reports in an apparent effort to downplay the importance of his signature on Theranos' many assay validation reports.

Gov't: Are they the end of the question as to assay accuracy?

Rosendorff: No.

Dorothy Atkins@doratki
33m

Rosendorff says Elizabeth Holmes was familiar with Theranos' validation reports and "it was generally something she kept tabs on."

Dorothy Atkins@doratki
32m

Bostic: Why did you continue to sign validation reports ...after seeing accuracy issues?

Rosendorff: I was assessing the performance of the assay for individual anolytes based on the data in the validation report.

Dorothy Atkins@doratki
30m

Rosendorff says there's no "rigorous, scientific" way of assessing the assays without the data in the validation report, but "I started to lose faith that the validation [report data] actually reflected what had been in R&D."

Dorothy Atkins@doratki
11m

Bostic is going through various emails focusing on Theranos' pregnancy tests, which tested for the hormone hCG. Rosendorff says there were QC problems with hCG and supply chain problems for the reagent. (Maybe it's just me, but none of this testimony/evidence seems new to me.)

Dorothy Atkins@doratki
2m

Rosendorff has to go to the bathroom (second time within the past hour) and Bostic has about "30 seconds left" before trial wraps for the day. Really drawing this trial day out.

Dorothy Atkins@doratki
1m

Rosendorff says in June 2014 he had "some uncertainty" about what method was being done on hCG tests, and he doubted whether his Theranos colleagues were going to follow his direction. Aaaand we've wrapped trial today. The jury recessed for the day.
 
Last edited:
UndiscoveredTruth said:
Dorothy Atkins@doratki
33m

We're back. Bostic asks Rosendorff about validation reports in an apparent effort to downplay the importance of his signature on Theranos' many assay validation reports.

Gov't: Are they the end of the question as to assay accuracy?

Rosendorff: No.

Dorothy Atkins@doratki
33m

Rosendorff says Elizabeth Holmes was familiar with Theranos' validation reports and "it was generally something she kept tabs on."

Dorothy Atkins@doratki
32m

Bostic: Why did you continue to sign validation reports ...after seeing accuracy issues?

Rosendorff: I was assessing the performance of the assay for individual anolytes based on the data in the validation report.

Dorothy Atkins@doratki
30m

Rosendorff says there's no "rigorous, scientific" way of assessing the assays without the data in the validation report, but "I started to lose faith that the validation [report data] actually reflected what had been in R&D."

Dorothy Atkins@doratki
11m

Bostic is going through various emails focusing on Theranos' pregnancy tests, which tested for the hormone hCG. Rosendorff says there were QC problems with hCG and supply chain problems for the reagent. (Maybe it's just me, but none of this testimony/evidence seems new to me.)

Dorothy Atkins@doratki
2m

Rosendorff has to go to the bathroom (second time within the past hour) and Bostic has about "30 seconds left" before trial wraps for the day. Really drawing this trial day out.

Dorothy Atkins@doratki
1m

Rosendorff says in June 2014 he had "some uncertainty" about what method was being done on hCG tests, and he doubted whether his Theranos colleagues were going to follow his direction. Aaaand we've wrapped trial today. The jury recessed for the day.
Click to expand...

First of all, THANK YOU so much for these tweets. I am very interested in this case and trial. My question is on this last witness, since he was the prosecutions direct witness, when the defense cross-examined, aren’t they supposed to stay within the “scope” of what was asked on. Direct? Why didnt the prosecution object when Wade went into areas like post employment that the govt clearly stayed away from. Plus he went off onto a lot of tangents. I mean if he was cross examining him for 4 days and the prosecutor didnt come close to that on direct isn’t it obvious he went “beyond the scope” of direct examination? I hope the prosecution team are on the ball.
 
Wednesday, October 6th:
*Trial continues (Day 12) (@ 9am 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. No 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. 12 jurors of 7 men & 5 women (6 Caucasians, 4 Hispanics & 2 Asians) with five alternates (2 men & 3 women). Juror #7 excused & replaced with alternate #1. Now jurors are 8 men & 4 women. Alternates 1 man & 3 women.
Trial began on 9/8/21.
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. Jury selection was on 8/31 & 9/1 completed; trial dates 10/6, 10/12, 10/13, 10/15, 10/19, 10/20, 10/22, 10/26, 10/27, 10/29, 11/2, 11/3, 11/5, 11/9, 11/10, 11/12, 11/16 so far. Intervenor’s motions hearing on 9/30/21. Motions hearing re misc. relief on 10/18/21.
Indictment & court info from 4/11/20 thru 8/26/21 & jury selection (Day 1-3) 8/31/21 to 9/2/21 & trial (Day 1-10) 9/8/21 to 10/1/21 & motions hearing on 9/30/21 reference post #610 here:
CA - Elizabeth Holmes (Theranos) Wire Fraud
10/5/21 Tuesday, Trial Day 11: Government witnesses: Dr. Adam Rosendorff on cross-exam continued & on redirect.
for more info see posts #608 to 613 for more info:
CA - Elizabeth Holmes (Theranos) Wire Fraud
Trial continues on Tuesday, 10/6/21. 10/5/21 Update: Motion hearing for miscellaneous relief on 10/18/21 @ 1:30pm.
*Ramesh “Sunny” Balwani (53/now 56) (CFO & President of Theranos) – Motion hearing on 9/30/21 which was cancelled & trial set to begin on 1/11/22 with jury selection & trial starts on 1/18/22.
 

Dorothy Atkins@doratki

Fyi - yesterday, Judge Davila kicked @JohnCarreyrou's fight over trial access to Magistrate Judge Nathanael Cousins. As a magistrate, Judge Cousins presides over too many evidentiary and pretrial disputes to count, but he is very good at what he does.

FBBV9wrVEAYsVOT




Dorothy Atkins@doratki

5h Replying to @doratki

Many moons ago, Judge Cousins presided over fights in this putative shareholder class action against Theranos.

Theranos Dodges Investors' 'Boundless' Docs Bid, For Now - Law360


Dorothy Atkins@doratki
5h

In that case, Judge Cousins refused to certify a group of indirect investors alleging securities fraud claims against Theranos, Holmes and Balwani, finding that weaknesses in the proposed class make individual actions preferable. The case later settled.

Theranos Indirect Investors Denied Class Cert. For Fraud Suit - Law360


Dorothy Atkins@doratki
5h

Judge Cousins also presided over a high-stakes pretrial fight over attorney-client privilege with Boies Schiller Flexner LLP in Holmes' criminal case. Experts call the ruling "a cautionary tale" for corporate attys.

69i0cIGZ


Elizabeth Holmes' Privilege Loss 'A Cautionary Tale,' Attys Say - Law360


Dorothy Atkins@doratki
6h

Ex-Theranos lab director Adam Rosendorff said hearing a rumor the startup was doing Ebola tests was the "final straw" that led him to demand he be removed as the co's lab chief. Here's my recap of the 4th day of his cross:

Ex-Theranos Lab Chief Says Ebola Rumor Was 'Final Straw' - Law360
 
Dorothy Atkins@doratki
4h

I'm back in court for day 6 and hopefully the final day of ex-Theranos lab director Adam Rosendorff's examination. Judge Ed Davila is on the bench. Former Safeway CEO Steven A. Burd will testify after Rosendorff.

Dorothy Atkins@doratki
4h

Juror No. 4 is in the courtroom and says she is a Buddhist, which teaches forgiveness. She says in the beginning of trial she thought she could be fair to both sides, but now she's worried about Holmes' future.

Dorothy Atkins@doratki
4h

Juror No. 4 says "Now I’m thinking what happens if [Elizabeth Holmes] has to be in [prison] for a very, very long time and I feel guilty and it’s my fault."

Dorothy Atkins@doratki
4h

Judge Davila notes jurors can't consider Holmes' punishment in deliberations. But she says she still thinks about it "all the time." "It will stay with me. I keep thinking about that, every day of my life." She adds she'll stay on only "if I don’t have to vote. I'd be ok."

Dorothy Atkins@doratki
4h

Prosecutors want the juror excused, b/c her beliefs seem sincere. Defense counsel doesn't ask for her to go, but also doesn't object. The judge excuses her.

Dorothy Atkins@doratki
3h

Judge Davila is on the bench. He says Juror Alternate No. 2 who would have replaced Juror No. 4 also expressed "similar concerns" to the clerk about continuing service, she they're going to call that juror in for some q's.

Dorothy Atkins@doratki
3h

Juror Alternate No. 2 asks to speak to the judge alone. He says no. She says English is not her first language and "it’s [Holmes'] future. I don’t know if I’m 100% ready to participate in something like this, being English not my first language and I could make a mistake."

Dorothy Atkins@doratki
3h

Judge Davila notes that the community respects the "rich rich collection of individuals" who come to the Bay Area. He recognizes English isn't her first language, and the lawyers know they can't use complicated words so that the jury understand the evidence.

Dorothy Atkins@doratki
3h

He also says repeatedly that jurors are not allowed to consider Elizabeth Holmes' punishment "at all" in their deliberations. She says she understands, and agrees it gives her more confidence in sitting on the jury.

Dorothy Atkins@doratki
3h

Neither prosecutors nor defense counsel want the juror to go, so the judge is keeping her on the panel and putting her in Juror No. 4's seat. Rosendorff is heading back to the stand. Now, let's get this show on the road!
 
Dorothy Atkins@doratki
3h

Prosecutor John Bostic begins Rosendorff's redirect showing him quality control data that shows QC tests on Theranos' blood-testing devices failed 3 times more often than non-Theranos devices.

Dorothy Atkins@doratki
3h

Rosendorff: "At times I didn’t fully trust the data that was coming out of [Theranos] R&D for troubleshooting," b/c there were too many "anomalies" coming out of the lab.

Dorothy Atkins@doratki
3h

Prosecutor John Bostic focuses on defense counsel's term "soft launch" used to describe Theranos' commercial launch in Sept 2013. Bostic points to Holmes' email to Jim Mattis announcing the launch & her email to investors, as well as Safeway's PR release. None say 'soft launch.'

Dorothy Atkins@doratki
3h

Rosendorff says he didn't know what Holmes' brother Christian thought could be escalated to him when he was responding to drs. "I assumed if there were medical issues at play he'd forward them to me. I wasn’t clear what Christian had communicated to drs on multiple occasions."

Dorothy Atkins@doratki
2h

Prosecutor shows a Dec 2013 email from Theranos exec Daniel Young to Rosendorff re CMS' lab inspection. Young: "Let’s not remind her about the downstairs lab unless she asks again. Just simpler if we can just show her the lab upstairs," where modified Siemens devices were.

Dorothy Atkins@doratki
2h

Rosendorff: "It troubled me that we weren’t talking about the downstairs lab. It appeared to me that [the inspector] asked about it."

Dorothy Atkins@doratki
2h

Prosecutor notes that Rosendorff said during cross he couldn't answer "yes or no" when asked whether Theranos cared about customer service. Rosendorff explains: "I think if customer service was truly important to the company it would’ve been much more transparent to the public."

Dorothy Atkins@doratki
2h

Rosendorff says Sunny Balwani had "a strong hand in operational labs" and made decisions behind his back, along with VP Daniel Young. "And Ms. Holmes was aware of all of that," Rosendorff says.

Dorothy Atkins@doratki
2h

Prosecutors wrapped Rosendorff's redirect. We're taking a 45 min break and then defense counsel has some recross (shocking). Wade says prosecutor's qs "opened the door" for him to go into all 6 other labs that he worked at "it's only fair to allow defense to go into that."
 
UndiscoveredTruth said:
Dorothy Atkins@doratki
4h

I'm back in court for day 6 and hopefully the final day of ex-Theranos lab director Adam Rosendorff's examination. Judge Ed Davila is on the bench. Former Safeway CEO Steven A. Burd will testify after Rosendorff.

Dorothy Atkins@doratki
4h

Juror No. 4 is in the courtroom and says she is a Buddhist, which teaches forgiveness. She says in the beginning of trial she thought she could be fair to both sides, but now she's worried about Holmes' future.

Dorothy Atkins@doratki
4h

Juror No. 4 says "Now I’m thinking what happens if [Elizabeth Holmes] has to be in [prison] for a very, very long time and I feel guilty and it’s my fault."

Dorothy Atkins@doratki
4h

Judge Davila notes jurors can't consider Holmes' punishment in deliberations. But she says she still thinks about it "all the time." "It will stay with me. I keep thinking about that, every day of my life." She adds she'll stay on only "if I don’t have to vote. I'd be ok."

Dorothy Atkins@doratki
4h

Prosecutors want the juror excused, b/c her beliefs seem sincere. Defense counsel doesn't ask for her to go, but also doesn't object. The judge excuses her.

Dorothy Atkins@doratki
3h

Judge Davila is on the bench. He says Juror Alternate No. 2 who would have replaced Juror No. 4 also expressed "similar concerns" to the clerk about continuing service, she they're going to call that juror in for some q's.

Dorothy Atkins@doratki
3h

Juror Alternate No. 2 asks to speak to the judge alone. He says no. She says English is not her first language and "it’s [Holmes'] future. I don’t know if I’m 100% ready to participate in something like this, being English not my first language and I could make a mistake."

Dorothy Atkins@doratki
3h

Judge Davila notes that the community respects the "rich rich collection of individuals" who come to the Bay Area. He recognizes English isn't her first language, and the lawyers know they can't use complicated words so that the jury understand the evidence.

Dorothy Atkins@doratki
3h

He also says repeatedly that jurors are not allowed to consider Elizabeth Holmes' punishment "at all" in their deliberations. She says she understands, and agrees it gives her more confidence in sitting on the jury.

Dorothy Atkins@doratki
3h

Neither prosecutors nor defense counsel want the juror to go, so the judge is keeping her on the panel and putting her in Juror No. 4's seat. Rosendorff is heading back to the stand. Now, let's get this show on the road!
Click to expand...
Oh brother! A repeat of the Casey Anthony case where you got jurors who "can't judge". Get them outta there- judging guilt is exactly why they are there. If she feels sorry for Holmes, she doesn't belong on that jury. She's already made her decision. She'd vote to acquit.
 
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