The founder and CEO of Theranos was in court in San Jose, California, on September 17, 2021.
According to a note read in court today, the jury in the criminal trial couldn't reach a verdict in three of the 11 counts of fraud she has been charged with.
A group of men and women have been talking for more than 40 hours over the course of six days. They are back from break.
The jury has been able to agree on eight counts, but it is not clear what decision they reached.
The jury instructions that Judge Edward Davila gave were changed to outline the burden of proof to overcome the presumption of innocence. A modified version of model instructions are given to juries that are hung. The instructions for the original model are as follows.
The jury has been unable to reach a unanimous verdict in the case. I will suggest a few more thoughts to you.
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If each of you can do so without violating your individual judgment and conscience, you can discuss the case with one another and deliberate in an effort to reach a unanimous verdict. You must decide the case for yourself, but only after you consider the evidence impartially with your fellow jurors. If you become convinced that it is wrong, you should reexamine your own views. You should not change an honest belief in the evidence solely because of the opinions of your fellow jurors or for the purpose of returning a verdict.
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I remind you that you have to consider the instructions I have given you as a whole. You should not single out any part of the instruction. They are all important.
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I have said that what I have just said is not meant to pressure you into agreeing on a verdict. You need to discuss things as much as possible. There is no hurry.
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I want you to return to the jury room and continue your deliberations with these additional comments in mind.
The jury was sent back to deliberate after hearing the new instructions.
