The founder of Theranos asked for a new trial after she claimed a key witness in the case expressed doubts about his testimony.
According to the court filing, Adam Rosendorff showed up at her home in August and said his testimony had been twisted by prosecutors.
The company's blood analyzers weren't ready for an imminent commercial roll out at Walgreens. The government tried to make everyone look bad at the trial but Rosendorff tried to answer the questions honestly.
The statement that a new trial is needed is in the filing. The court should order an evidentiary hearing and allow Ms.Holmes to subpoena Dr. Rosendorff.
The key witness in the Theranos case was tied to other troubled labs.
The founder of a startup that reached a peak valuation of $9 billion was found guilty of fraud and conspiracy for her role in the collapse of the company. The ex-boyfriend of her was found guilty of fraud and other charges in July.
The judge preliminarily rejected the attempt to get her conviction thrown out. Almost all white-collar criminal convicts make gambles and rarely win.
Rosendorff testified that it was important for Elizabeth to be aware of the issues as the company's CEO.
The case is in the US district court in San Jose.