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Jurors in Elizabeth Holmes’ trial raise concerns about questionnaires with personal information being released

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Elizabeth Holmes is the former CEO and founder of Theranos blood testing and life science company Theranos. She arrives outside Federal Court San Jose in California for her first day of fraud trial. September 8, 2021

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SAN JOSE. CALIF. — Elizabeth Holmes (embezzled Theranos CEO) raised the question of fair trials and possible release of personal information.

Eleven media companies including NBCUniversal are asking for the release of jury questionnaires. U.S. District Court Judge Edward Davila originally told jurors their questionnaire to determine potential biases in jury selection would be kept confidential.

Davila spoke individually to each juror about the release their personal data.

On Wednesday, Kevin Downey (an attorney representing Holmes) told the judge that they are concerned about the possibility of Holmes losing his right to fair trials by releasing the jury questionnaires. “Some” of the [juror] comments raise concerns,” Downey said.

Downey stated to the judge that jurors reporting reactions to this should not be allowed to affect their ability to serve. Davila stated that he will hold hearings in the coming five weeks to decide whether or not the questionnaires should be sealed.

An extensive questionnaire of 28 pages was filled out by jurors. This asked for information about the media, their views on healthcare and venture capital investments, as well as religious beliefs.

It also contains the names, levels of education, occupation, criminal records, and any other information that may be required.

Danny Cevallos (NBC News Legal Analyst) said, “I believe the jurors won’t be concerned about what’s been made public because this is a very high-profile trial and they know they are being scrutinized.”

Cevallos indicated that although it was not common for juror questionnaires to be unsealed mid-trial, “the media now wants to find out about what’s going on with the jury.”

Holmes is being decided by a jury of 8 men and 4 women, plus three alternates. A juror who was a Buddhist, and concerned about voting for prison sentences, was expelled last week.

Cevallos explained that the questions were not something they expected to answer. Cevallos said, “That could make it uncomfortable.”

Holmes is a Stanford dropout and founded Theranos in 19-years old. If convicted, she faces up to 20 year imprisonment and a fine of $3 million. Prosecutors claim she committed a multimillion-dollar fraud, misleading patients and investors about the company’s blood-testing technology. Holmes has pleaded guilty.

Theranos’ peak value was $9 billion. Holmes attracted many world-renowned business leaders and politicians who made investments in Theranos. They also served as directors. Many of them are her witnesses during her criminal trial.

Wade Miquelon was the former Chief Financial Officer of Walgreens. He took the stand after the delay. Miquelon informed jurors that Walgreens spent $140 million on Theranos. Theranos placed Edison blood-testing equipment in 40 Walgreens locations in Arizona and California.

Miquelon stated that the test centers in-store would be “better, quicker, and cheaper.” An executive from Walgreens who served as a Walgreens employee between 2008-2014, stated that he believed customers would “be tested using the Edison device.”

WalgreensIn 2016, Theranos ended its partnership and sued Silicon Valley startup, Silicon Valley Startup for contract breach.

The trial featured Miquelon as the second retail executive jurors heard. Steve Burd was the former CEO of Safeway. He testified over two days that he initially fell in love with Holmes, but then became frustrated at the almost $400 million partnership following repeated delays.

Disclosure: CNBC’s parent company is NBCUniversal.

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