Elizabeth Holmes, founder and former CEO at Theranos blood testing and life science company, arrives in San Jose for the first day in jury selection. She will be present in the fraud trial on August 31, 2021.
Holmes looked solemn in a black jacket and black dress with a blue mask. As she entered the courtroom, Holmes tried to make eye contact and make eye contact with every potential juror.
Another juror admitted that he had seen a documentary "60 Minutes" on Theranos. He said, "I'm just glad it didn't make me invest in it."
Over seven hours, nearly 40 jurors were interviewed. 14 of them were eventually dismissed. One juror stated, "I don’t have bias except that I remember the defendant’s penchant for turtlenecks."
Although Theranos may not be a familiar name, many potential jurors were familiar with the company and its former CEO Elizabeth Holmes, who was questioned Tuesday in the criminal fraud case.
One potential juror said she had read John Carreyrou’s book on the Theranos scandal. She was a member of a healthcare-related organization. The judge admitted that she was disappointed by the book.
She stated that "there are not many women who get to be CEOs of high-powered companies."
Defense attorneys and prosecution lawyers are looking for 12 impartial jurors and 5 alternates to join them in what is expected to last 13 weeks. Holmes and Sunny Balwani (her former business partner and, for a while, her boyfriend), each face 10 charges of wire fraud as well as two counts of conspiracy. Both have pleaded guilty. Balwani will be tried individually.
Many potential jurors stated that they have read books, listened to documentaries or listened to TED talks and podcasts about the subject. U.S. District Judge Edward Davila recommended that potential jurors disable news alerts in order to avoid further media exposure.
One potential juror said he was a news producer at a radio station that he claimed has covered the high-profile case.
He said, "I have been trying to avoid the topic at work, but in anticipation for jury selection they've been running tales." "I don't know how I will remain objective throughout the remainder of the trial."
He added, "I look at the computer and all that I see is Theranos. Theranos. Theranos. Theranos."
Davila laughed and said, "I'm no going to ask you quit your job sir" and then asked him, "Would that break your heart severely? If I excused you form this jury?"
The judge also asked potential jurors if they had ever been subject to intimate partner violence. Five potential jurors offered their opinions. On Saturday, bombshell court documents revealed that Holmes, 37, wants to sue Balwani 56 for psychological, emotional, and sexual abuse. Balwani categorically denies all allegations in the unsealed files.
"The most difficult thing for prosecutors here is to prove intent so the more sympathetic or emotionally malleable possible jurors show themselves to be, then the defense will want them more and the prosecution will want them to get rid of them," James McGarity (jury consultant, partner at R&D Strategic Solutions) said. She really needs the support of sympathetic people.
One potential juror stated to defense attorneys that he left a negative comment about Theranos on Facebook. He said that he followed the company as a result of his interest in it. He said, "I was disappointed because the company was so cool." It was disappointing.
The jury selection process is expected to take two days. Opening statements are scheduled for Sept. 8.
