Bid for new trial fails, Elizabeth Holmes awaits sentencing
SAN JOSE, Calif. (AP) — A federal judge rejected a bid for a new trial for disgraced Theranos CEO Elizabeth Holmes after concluding a key prosecution witness's recent remorseful attempt to contact her wasn't enough to award her another chance to avoid a potential prison sentence for defrauding investors at her blood-testing company.
The ruling issued late Monday by U.S. District Judge Edward Davila is the latest setback for Holmes, a former Silicon Valley star who once boasted an estimated net worth of $4.5 billion but is now facing up to 20 years prison that would separate her from her 1-year-old son.
In the latest twist in a Silicon Valley soap opera, Holmes appeared to be pregnant when she showed up for an Oct. 17 hearing about her request for a new trial. That hearing focused on remorseful remarks made in August by former Theranos lab director Adam Rosendorff, a pivotal witness who testified about Holmes' skullduggery during her trial last year.
Besides rejecting Holmes' claim that a 10-minute visit Rosendorff made to her Silicon Valley home in August raised questions about misconduct at her trial, Davila also rebuffed two other motions for another trial in his 15-page ruling. One motion revolved around a description prosecutors made about her former lover and business partner, Rawesh “Sunny" Balwani, during closing arguments. The other motion focused on a dispute over whether the government withheld evidence pertaining to a Theranos database containing results of its blood tests.
Davila has scheduled Nov. 18 as the day he will sentence Holmes, 38, for four felony counts of investor fraud and engaging in a conspiracy with Balwani. Earlier Monday, Davila postponed Balwani's sentencing for his conviction on 12 counts of investor and patient fraud from Nov. 15 to Dec. 7..
Holmes is facing up to 20 years in prison –...