Key witness in Holmes trial affirms testimony against her

Oct 17, 2022, 12:18 AM | Updated: Oct 18, 2022, 2:40 pm
Former Theranos CEO Elizabeth Holmes, left, walks with her partner, Billy Evans, after leaving fede...

Former Theranos CEO Elizabeth Holmes, left, walks with her partner, Billy Evans, after leaving federal court in San Jose, Calif., Monday, Oct. 17, 2022. (AP Photo/Jeff Chiu)

(AP Photo/Jeff Chiu)

SAN JOSE, Calif. (AP) — A key witness in a trial that led to the conviction of disgraced Theranos CEO Elizabeth Holmes adamantly stood by his testimony during an unusual court appearance Monday. The prosecution witness, former Theranos lab director Adam Rosendorff, made a remorseful appearance at Holmes’ Silicon Valley home after the trial, raising questions about potential misconduct.

The 75-minute hearing opened the same day that Holmes, 38, had been scheduled for sentencing following her conviction on four felony counts of investor fraud earlier this year. She is facing up to 20 years in prison for lying to Thrernos investors about a blood-testing technology that she promised would revolutionize health care, but that never worked the way she had boasted.

Monday’s hearing provided what might be the final opportunity for Holmes to avoid prison if her legal team can persuade U.S. District Judge Edward Davila she deserves a new trial, based on the Rosendorff’s conduct. Rosendorff spent six days on the witness stand last year testifying for the prosecution during Holmes’ trial.

Davila decided Rosendorff’s testimony should be re-examined after Holmes’ lawyers last month filed a request for a new trial, based on an uninvited visit that Rosendorff made on Aug. 8 to a palatial estate that Holmes shares with William “Billy” Evans, her current partner and father of their 1-year-old son.

Although he didn’t speak to Holmes directly, Rosendorff told Evans that “he tried to answer the questions honestly but that the prosecutors tried to make everyone look bad” and felt “he had done something wrong,” according to Evans’ recollection of the conversation filed with the court.

Under questioning by U.S. District Judge Edward Davila, Rosendorff said his testimony in the trial was truthful — a theme he would repeat throughout the hearing while also emphasizing that he believed Holmes deserved to be convicted. But he also told Davila he lamented the possibility that Holmes’ son “would spend the formative years of his life without his mother” if Holmes is sentenced to prison.

Rosendorff then added, without explanation, that “it is my understanding she is pregnant again.” When The Associated Press asked Holmes and Evans about that after the hearing, neither responded directly. Holmes broke into a spontaneous smile while Evans complimented an AP reporter on his shoes before they entered an elevator together.

After the judge finished his brief question, Rosendorff spent the next 50 minutes sparring with one of Holmes’ lawyers, Lance Wade, who also engaged in several testy exchanges with Rosendorff while cross- examining him during the trial.

Wade sought to to get Rosendorff to talk about about the emotional distress he had been under since the trial and also whether he was under medication during his August visit. Rosendorff refused to answer and the judge didn’t press him on the issue.

Rosendorff tailored most of his responses to Wade to emphasize that he testified truthfully while trying to dispel any notion that he considered Holmes to be a friend for whom he feels sorry.

“I don’t want to help Ms. Holmes,” Rosendorff said at one point. “The only person that can help her is herself. She needs to pay her debt to society.”

Rosendorff also tried to make clear that he believed her conviction was justified. “The government was trying to get to the truth of what happened — what Elizabeth Holmes did,” he said.

Government prosecutors spent a brief period also reaffirming that Rosendorff doesn’t believe any misconduct occurred during the trial. Davila said he would allow both Holmes’ legal team and government prosecutors to filed additional written arguments during the next week before ruling on whether he will grant a new trial — a prospect that legal experts believe is unlikely.

For now, Davila has scheduled Nov. 18 as Holmes’ new sentencing date. That’s three days after her former romantic and business partner, Ramesh “Sunny” Balwani, is scheduled to be sentenced. Balwani, 57, was convicted on 12 counts of investor and patient fraud in a separate trial that concluded in July.

Copyright © The Associated Press. All rights reserved. This material may not be published, broadcast, rewritten or redistributed.

AP

This photo shows Charles Graves dressed as Santa Claus in Austin, Texas on on Sept. 3, 2022. Graves...
Associated Press

Santa’s back in town with inflation, inclusion on his mind

NEW YORK (AP) — Don’t look for plastic partitions or faraway benches when visiting Santa Claus this year. The jolly old elf is back, pre-pandemic style, and he’s got some pressing issues on his mind. Santa booker HireSanta.com has logged a 30% increase in demand this Christmas season over last year, after losing about 15% […]
8 hours ago
Associated Press

This Week: Consumer confidence, consumer spending, jobs data

A look at some of the key business events and economic indicators upcoming this week: CONFIDENCE CHECK The Conference Board delivers its latest index of U.S. consumer confidence Tuesday. Economists expect the reading fell in November to 98. That would follow a reading of 102.5 in October. A reading of 90 or better reflects a […]
8 hours ago
Associated Press

Water boil order issued for more than 2 million in Houston

HOUSTON (AP) — More than 2 million people in the Houston area were under a boil order notice Monday after a power outage caused low pressure at a water purification plant, officials said. The order — which means water must be boiled before it’s used for cooking, bathing or drinking — also prompted schools in […]
8 hours ago
Associated Press

Mother charged with murder in stabbings of her 2 boys in NYC

NEW YORK (AP) — A mother has been charged with murder in the stabbings of two small children in a Bronx apartment, police said Monday. Dimone Fleming, 22, is accused of killing 11-month-old Octavius Fleming-Canada and 3-year-old Dashawn Fleming, who were found with multiple stab wounds on Saturday in the apartment in the Mount Hope […]
8 hours ago
This photo provided by Shutterfly shows Shutterfly CEO Hillary Schneider. As other technology compa...
Associated Press

Shutterfly CEO sees ‘choppy’ times through her economic lens

SAN FRANCISCO (AP) — While other technology companies lay off workers and try to cut other costs amid a post-pandemic comedown, Shutterfly CEO Hilary Schneider is gearing up for a busy holiday season. Orders are pouring in for the digital photo and printing company’s photo books, which capture moments from all the postponed vacations, weddings […]
8 hours ago
FILE - This Oct. 3, 2016, photo, provided by the Martin County Sheriff's Office, shows Austin Harro...
Associated Press

Judge to decide fate of man accused in face-biting attack

FORT LAUDERDALE, Fla. (AP) — A trial for a former college student who randomly killed a Florida couple in their garage six years ago and then chewed on one victim’s face was set to begin Monday. Circuit Judge Sherwood Bauer will decide whether Austin Harrouff, 25, goes to prison for the rest of his life, […]
8 hours ago

Sponsored Articles

(Photo via MLB's Arizona Fall League / Twitter)...
Arizona Fall League

Top prospects to watch at this year’s Arizona Fall League

One of the most exciting elements of the MLB offseason is the Arizona Fall League, which began its 30th season Monday.
...
Children’s Cancer Network

Children’s Cancer Network celebrates cancer-fighting superheroes, raises funds during September’s Childhood Cancer Awareness Month

Jace Hyduchak was like most other kids in his kindergarten class: He loved to play basketball, dress up like his favorite superheroes and jump as high as his pint-sized body would take him on his backyard trampoline.
...
Day & Night Air Conditioning, Heating and Plumbing

Ways to prevent clogged drains and what to do if you’re too late

While there are a variety of ways to prevent clogged drains, it's equally as important to know what to do when you're already too late.
Key witness in Holmes trial affirms testimony against her