The founder of blood testing startup Theranos wants a do-over. According to the document, she is requesting a new trial.
The motion for a new trial hinges on the testimony of Adam Rosendorff.
A key witness in the case against Holmes and her ex-boyfriend/ partner in crime was Rosendorff. The pressure that Theranos employees were under to demonstrate the faulty diagnostic technology worked was emphasized in his original testimony.
Rosendorff said on the witness stand that he didn't have faith in the results he was trying to bolster. Management was not sincere in using resources to solve problems.
According to her lawyers, Rosendorff showed up at her house on August 8 in a desperate attempt to communicate that he had done something wrong in connection with her trial. According to the motion, Rosendorff said that the government made things seem worse than they were.
The statement warrants a new trial under Rule 33 according to the document. To the extent that the Court has doubts about whether a new trial is necessary, the Court should order an evidentiary hearing and allow Ms.Holmes to subpoena Dr. Rosendorff.
Just a couple of months after Balwani was found guilty of 12 counts of fraud, a new trial request was filed. The sentencing was delayed until October 17.
The legal team tried to appeal the guilty verdicts prior to the motion for a new trial. The original conviction was upheld by a judge.
You can read the whole document here.
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