Third juror dismissed in trial of Theranos founder Elizabeth Holmes
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Elizabeth Holmes (founder of Theranos Inc.), arrives in San Jose on Tuesday, October 12, 2021.
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SAN JOSE IN CALIF. — Elizabeth Holmes had a third juror dismissed criminal trialFriday was for “good cause” according to the judge. In a trial expected to run until December, there are only two other alternatives.
U.S. District Judge Edward Davila stated to prosecutors and defense lawyers for Holmes that he had received an email message from juror Number. 5, on Friday morning. Jeffrey Schenk, an Assistant U.S. attorneys, and Kevin Downey were present with the jury in chamber.
Davila stated that the court had good reason to exonerate a juror upon his return. The female juror was not excused.
A second juror was appointed to the main bench. Eight men and four ladies make up the impaneled jury that will decide Holmes’ fate.
“The juror raised this issue by themselves, and so they believed their ability as impartial jurors was compromised,” he said. Danny CevallosInterview with NBC News Legal Analyst and attorney, Cevallos. Cevallos said that “apparently the court agreed with them”, despite having been closely following the case, but wasn’t present at the courtroom.
Seven weeks ago, Holmes was brought to trial in San Jose. Holmes was the second juror. removedAfter revealing her Buddhist beliefs, Holmes was forced to resign two weeks ago. Last month, the financial hardships of a 19 year-old juror led to her dismissal.
A mistrial could result if there are too few jurors. Cevallos explained that after the jury has begun deliberations, a judge can allow a jury of eleven to return a verdict.
Holmes pleaded not guilty on ten wire fraud charges and two conspiracy to commit fraud. Federal prosecutors claim Holmes and Ramesh Balwani (ex-company president) conspired in a multi-million dollar scheme to defraud patients and investors regarding Theranos’ blood-testing technology.
Holmes and Balwani are both indicted in 2018This is. Due to Holmes’ pregnancy and pandemic-related problems, her trial was repeatedly delayed. Balwani, who pleaded not guilty as well, will stand trial in a different court next year.
Holmes wouldn’t be free even in the event of a mistrial.
Cevallos explained that Elizabeth would be put on hold if she was retried, as the government would. This would also drain Elizabeth’s finances further. So even though a mistrial doesn’t necessarily mean a conviction, sometimes it’s better to get the verdict.
Pfizer Skepticism
A scientist is appointed after the juror has left. PfizerShane Weber was the one who took the stand. Weber reviewed documentation related to blood-testing technology and evaluated Theranos. Later, he concluded that Pfizer should no longer pursue a partnership with the company.
Weber stated in his December 2008 summary that Theranos had no diagnostic or clinical interest to Pfizer. He recommended however, that the company revisit this matter every six-months.
The jury was presented Weber’s report. Weber stated in it that “Theranos provided a badly prepared summary of their platform to home patients with anti-angiogenic treatments.”
He wrote further, “Theranos provided non-informative and tangential deflective or avoidive answers to technical due diligence questions written by him.”
In January 2009 Weber informed his supervisors via email that he had spoken to Holmes and explained to him that Pfizer wouldn’t be using Theranos at-home drugs for its patients.
The email stated that “I was polite and clear as well as patient and firm in my response to her request.” “She wanted to know if there were any other Pfizer employees, but I politely declined.”
A version of the Theranos report Holmes sent to jurors was shown to them WalgreensPfizer logo with executives on it Weber stated that Pfizer did not approve of the logo being used in the report.
It would be reasonable to assume that Theranos’ technology was approved by Pfizer during 2010 and thereafter. Robert Leach asked the question as an assistant U.S. lawyer.
Weber responded, “Uh, no.”
Weber testified that he never wrote a report about Theranos to Holmes during cross-examination.
Keep things secret
On Friday jurors were also able to hear from Bryan Tolbert on Theranos’ 2006 and 2013 investments. Black Diamond VenturesThe following is the list. Chris Lucas was the founder of the company and invested $5 Million in it.
Tolbert stated that although there wasn’t much information at the time about Theranos, it felt like an innovative technology. He wanted jurors to know as much as possible.
Tolbert stated that Chris and I needed more information. He wanted financial details, greater visibility, and more transparency about the situation. I thought they intended to keep it secret.
WATCH: Another Theranos insider testifies against founder Elizabeth Holmes
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