Jury in Holmes trial says it can’t reach verdict on three counts
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Elizabeth Holmes (founder of Theranos Inc.) leaves San Jose federal court on Tuesday Dec. 21, 2021.
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SAN JOSE, Calif. — The 12 jurors tasked with deciding the fate of Elizabeth Holmes told Judge Edward Davila on Monday morning that they’re unable to come to a unanimous verdict on three of the charges facing the Theranos founder.
Davila called the jurors to the courtroom, and gave them an Allen charge. This is an order that a deadlocked jury can continue its deliberations. They could reach partial verdicts on any remaining charges if jurors cannot agree.
Holmes and her family arrived in San Jose on Monday with her father, Billy Evans, as well. She is making her courtroom debut. since Dec. 23The jury last indicated that it had received a note from Davila. Holmes stays at a nearby hotel and is only present in courtrooms when there is a notice to be posed.
Over seven days, the jury deliberated for approximately 46 hours. The jury was handed the case on Dec. 17, following a three-month trial that featured 32 witnesses, mostly called by the prosecution. Holmes, 37 years of age, was Holmes’ primary witness.
On Monday, Davila gave jury instruction number 2 to jurors. They are reminded that Holmes is innocent unless proven guilty, and the government bears the burden of proof.
This is the third occasion that Davila has been cited by jurors. On was the first. Dec. 21When they were asked by Davila, he said they would be able to take the instructions back for their review. Davila said that they must have all the deliberations onsite, but declined to comply with their request. A few days later they requested to hear audio from Holmes’ trial hearings and conversations with other investors.
On Wednesday, jurors met for the last time. They were unable to reach a decision at this point so they took the remainder of the week off for New Year’s Day.
Holmes faces up to twenty years imprisonment for if convicted. She has pleaded not guilty.
Holmes crossed the row to the family in the back after Davila had sent the jury back into the deliberations. Evans and her mother were hugged by Holmes, while her father kissed her on her forehead.
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