Disgraced Theranos founder Elizabeth Holmes, who was recently found guilty on four counts of fraud and conspiracy after she duped investors with her blood-testing startup, is requesting a new trial.
Holmes is requesting a new trial, with her lawyers saying there is “newly discovered evidence,” specifically involving alleged comments made by former Theranos laboratory director Adam Rosendorff, according to documents obtained by Gizmodo.
Elizabeth Holmes, CEO of Theranos, participates in the closing plenary session of the Clinton Global Initiative 2015 Annual Meeting at the Sheraton New York Times Square Hotel, on Tuesday, Sept. 29, 2015 in New York. (Photo by Greg Allen/Invision/AP)
Rosendorff had testified as a key witness against Holmes and her ex-boyfriend, Ramesh “Sunny” Balwani. During his testimony, the former lab director highlighted how employees were pressured to demonstrate that the Theranos technology worked, even though it didn’t.
“I felt that it was a question on my integrity as a physician not to remain there and to continue to bolster results I essentially didn’t have faith in,” Rosendorff said while on the witness stand last year, “I came to understand that management was not sincere in diverting resources to solve issues.”
But Holmes and her team are now saying that Rosendorff had left a voicemail, as well as went to Holmes’ residence on August 8 to communicate that he believed the “he had done something wrong, apparently in connection with Ms. Holmes’ trial.”
The Theranos CEO’s lawyers reportedly filed a motion describing Rosendorff as having stated that “the government made things seem worse than they were.”
“Under any interpretation of his statements, the statements warrant a new trial under Rule 33. But, at a minimum, and to the extent the Court has any doubt about whether a new trial is required, the Court should order an evidentiary hearing and permit Ms. Holmes to subpoena Dr. Rosendorff to testify about his concerns,” Holmes’ legal team said.
The new trial request comes before U.S. District Judge Edward Davila is set to sentence Holmes on October 17. The federal judge has already declined to overturn the jury’s guilty verdict against the disgraced Theranos CEO.
You can follow Alana Mastrangelo on Facebook and Twitter at @ARmastrangelo, and on Instagram.
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