On Monday, disgraced Theranos CEO Elizabeth Holmes will play one of her last cards to avoid a prison sentence when a federal judge questions a key prosecution witness who expressed post-trial regrets about testimony that helped convince a jury to convict her for investor fraud.
Adam Rosendorff, a former Theranos lab director, paid Holmes an unexpected visit in August at her home in Silicon Valley.
Rosendorff told her companion William Evans, according to court documents, that he “tried to answer the questions honestly but that the prosecution intended to make everyone appear bad” and thought “he had done something illegal,” despite the fact that he did not speak to Holmes directly.
The idea that Rosendorff’s attempt to visit Holmes raises any questions about his testimony has been mocked by the prosecution.
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District Judge Edward stated at a Zoom hearing on Friday that he intended to examine Rosendorff about why he went to Holmes’ house and whether his visit was motivated by any lingering concerns about the testimony he provided during the trial’s six-day period last year.
After Davila overturned a subpoena issued by Holmes’ attorneys to produce any non-privileged communications regarding his testimony, he highlighted that he anticipated the hearing would be brief and narrow in scope.
Davila said on Friday that “this is not going to be a fishing trip.
For deceiving investors about the advancements her formerly lauded business Theranos was making with innovative blood-testing techniques, Holmes, 38, could spend up to 20 years in prison. When the Rosendorff questions came up, the judge decided to postpone the punishment hearing that was scheduled to take place on Monday. The judge set a new sentencing date for Holmes on Nov. 18..
Elizabeth Holmes’ next move is to request a fresh trial.
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