Elizabeth Holmes, the founder of the failed blood testing company Theranos, who was found guilty of fraud earlier this year, is requesting a new trial after alleging that a crucial witness unexpectedly dropped by her home and expressed “guilt” about his evidence.
Holmes’s attorneys claimed in a court document submitted on Tuesday to the United States District Court for the Northern District of California that Adam Rosendorff, a former Theranos lab director who was one of the government’s key witnesses, visited Holmes at home on August 8 and requested to speak with her.
Although Rosendorff did not communicate with Holmes, her partner Billy Evans did, and Evans later described their conversation in an email to Holmes’ attorneys.
In his lengthy, over six-day testimony from last October, Rosendorff claimed he left the business “extremely suspicious” about the precision and dependability of their testing. According to his testimony, continuing to support test findings he “didn’t have trust in” while leaving the firm “was an issue of my credibility as a physician.” “I grew to feel that the corporation believed more about PR and fundraising than about patient care,” he claimed.
The former lab director was also identified as a crucial whistleblower in the 2015 Wall Street Journal investigation that helped spark Holmes and Theranos’ demise.
A request for comment was not immediately answered by Rosendorff or the federal prosecutors who prosecuted Holmes.
Rosendorff’s communication with Evans, according to Holmes’ attorneys’ Tuesday brief, is new evidence that justifies a new trial.
They stated that “the integrity of the jury finding against Ms. Holmes is gravely questioned by Dr. Rosendorff’s words expressing his issues with the government’s presentation of his trial testimony, as well as his comments that impact on Ms. Holmes’ intent.” “The Court should hold an evidentiary hearing or, at the very least, give a new trial.”
After a drawn-out trial that lasted many months, Holmes was found guilty on four of the eleven federal charges of fraud and conspiracy. Theranos’ former president and COO Ramesh “Sunny” Balwani, who at the time was also Holmes’ live-in boyfriend, was found guilty in July of 10 charges of federal wire fraud and two counts of conspiracy to conduct wire fraud.
Their trials signaled the end of an era for Theranos, a business once praised for its potential to revolutionize the healthcare sector and valued at $9 billion. With just a few droplets of blood, Theranos claimed their technology could quickly and effectively diagnose diseases including cancer and diabetes. It garnered $945 million in funding, a board of renowned politicians, and well-known retail partners because of that promise.