SAN FRANCISCO — Disgraced Theranos CEO Elizabeth Holmes requested a new trial Tuesday, saying in a court filing that a key prosecution witness now regrets the role he played in her investor fraud conviction and conspiracy related to his failed start of blood tests.
The petition centers on the reliability of testimony provided by former Theranos lab director Adam Rosendorff, who said he repeatedly raised concerns about the accuracy of blood tests given to patients during his tenure in 2013 and 2014. .
Prosecutors pointed to Rosendorff’s testimony during their closing arguments before a jury that convicted Holmes of four counts of investor fraud and conspiracy earlier this year after a nearly four-month trial. The same jury acquitted Holmes of charges of fraud and conspiracy against patients whose blood had been tested by Theranos.
Rosendorff, reached via LinkedIn, said he had no comment, adding “Do not contact me.”
Holmes, 38, is currently out on bail but faces up to 20 years in prison at a sentencing hearing scheduled for October 17 in San Jose, California.
His lawyers argued in a 17-page filing that Rosendorff now expresses doubts about his testimony, based on recent actions described in the court document.
The filing says Rosendorff appeared at the home Holmes shares with her partner, William Evans, on the evening of August 8 in an attempt to meet her. Evans intercepted Rosendorff, according to the document, and asked him to leave.
Before leaving, according to the filing, Rosendorff told Evans that during his trial testimony “he tried to answer questions honestly but prosecutors tried to make everyone look bad” and now feels ” that he had done something wrong”. Before reporting to Holmes’ residence, according to the document, Rosendorff left a 30-second voicemail message for one of his attorneys requesting a face-to-face meeting with Holmes because he thought that might be “enough.” curative” for both.
In their filing, Holmes’ attorneys said they were unable to ask Rosendorff for additional information about his thoughts on testifying at trial for ethical reasons. The attorneys have proposed a hearing on Oct. 3 to discuss why they believe Rosendorff’s recent actions warrant a new trial.
Also on Tuesday, U.S. District Judge Edward Davila formally denied a request to overturn the jury verdicts in Holmes’s trial. Davila’s decision cited Rosendorff’s testimony in support of its decision.