Attorneys for the Theranos founder appear to be throwing in a finalHail Mary pass before she is sentenced.
They claim that a star witness for the prosecution in the trial, Adam Rosendorff, was regretting his testimony. This new evidence warrants a new trial according to their argument.
There are lessons entrepreneurs can learn from the trial.
Rosendorff was a lab director at Theranos. Things get weird here.
The new filing states that Rosendorff went to the house on August 8 to speak to her. When she didn't meet Billy, he chatted with him.
Evans said that Rosendorff was disheveled. He wrote to the lawyers that his shirt was untucked. He was told that when he was called as a witness, the prosecutors tried to make everyone look bad.
Rosendorff went back to his car and drove the wrong way. Rosendorff rolled down his window when Evans pointed him in the correct direction. Evans said in a memo that he was hurt. He said he felt bad. He felt like he had messed up. This weighed on him. He said he couldn't sleep. He wanted to speak to Elizabeth.
Evans' strange encounter with Rosendorff warrants a new trial according to the legal team. 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.
A high-profile case that made international headlines and spawned documentaries and TV mini-series was the subject of a jury's verdict in January.
She's tried before to appeal the verdict. The jurors acted irrationally during deliberations. This claim was rejected by the judge.
On October 17th, the sentencing will take place. She could be sentenced to up to 20 years in prison.
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