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Theranos founder Elizabeth Holmes seeks new trial

Disgraced Theranos founder Elizabeth Holmes called for a new trial on Tuesday after a key witness for prosecutors said ‘he did something wrong’ while testifying against the convicted con artist, alleged his legal team on Tuesday.

Holmes’ court filing claims that former Theranos lab director Adam Rosendorff now regrets his role in helping her get her convicted on charges that could land her behind bars for 20 years. She is currently out on bail ahead of sentencing scheduled for Oct. 17 in California.

Adam Rosendorff, former lab manager at Theranos Inc., left, arrives in federal court in San Jose, California, U.S., Wednesday, October 6, 2021.
Bloomberg via Getty Images

Holmes, 38, was convicted earlier this year of three counts of wire fraud and one count of conspiracy to commit fraud. Jurors determined that she deliberately misled investors about the medical technology startup’s business and the effectiveness of its blood-testing machine.

Theranos founder Elizabeth Holmes seeks new trial
Theranos founder Elizabeth Holmes, center, and her parents, Noel Holmes, left, and Christian Holmes, leave the Robert F. Peckham Federal Building and the U.S. Courthouse in San Jose, Calif., Thursday, September 1 2022.

Rosendorff testified that he continually raised concerns about the accuracy of Theranos blood tests used by patients while he was with the company in 2013 and 2014. But a 17-page legal brief describes a man who may now have doubts about his testimony.

On August 8, Rosendorff visited Holmes’ home which she shares with her partner William Evans according to the filing. He only saw Evans, who told him to leave, Holmes’ lawyers said.

But before leaving, Rosendorff told Evans “he had tried to answer questions honestly but prosecutors had tried to make everyone look bad” and now believed “he had done something wrong”, during his testimony, according to the record.

Prior to this random visit, he left a voicemail for one of his attorneys asking to meet with Holmes, believing it could be “quite healing” for both of them, the filing says.

Rosendorff’s testimony was referenced in prosecutors’ closing arguments and by a federal judge when a motion to vacate the guilty verdict was denied.

Holmes’ attorneys were unable to elicit further thoughts from Rosendorff on his testimony for ethical reasons. A hearing could be held next month on whether a new trial should be set.

Although he was found guilty on four counts, Holmes was also found not guilty by the same jury on charges of fraud and conspiracy against patients who used Theranos blood tests.

The Associated Press contacted Rosendorff, who declined to comment.

With post wires

New York Post

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