Elizabeth Holmes loses bid for new trial despite bizarre visit from key witness
Elizabeth Holmes loses bid for new trial despite bizarre visit from key witness
With this account, Holmes and his attorneys alleged that government prosecutors "chosen evidence" and manipulated Rosendorff's testimony, amounting to misconduct and the need for a new trial.
"He's not someone who can be helped."
But Rosendorff disputed these claims at the October 17 hearing. Rosendorff told the court he didn't believe prosecutors were making things worse than they were and that they were "complete" and only selected the evidence presented. He reiterated that all of his testimonies were true and that prosecutors never pressured him to lie.
He also clarified during the hearing that his unusual visit was not motivated to help Holmes but to promote healing.
"I don't want to help Mrs. Holmes," Rosendorff said. "She's not someone who can be helped. At this point, she has to help herself. She has to pay her debt to society."
At another point, Rosendorff added that he was sorry that Holmes' children could grow up without a mother if she was sent to prison. Holmes gave birth to her first child late last year as her trial drew to a close. At last month's hearing, she appeared visibly pregnant with her second child.
Judge Davila found that Rosendorff's testimony was credible and that his alleged post-trial comments did not establish government misconduct. Although Evans' account of Rosendorff's comments was accurate, the comments were "too vague and general to imply that any specific testimony was in fact false or misleading," Davila wrote. Additionally, as a former Theranos laboratory director, Rosendorff's testimony primarily concerned charges of defrauding patients and physicians, charges on which Holmes was acquitted. Rosendorff's testimony, even if false, would not affect the convictions related to the investor fraud counts.
Davila denied Holmes a new trial and set sentencing for next week. ...
With this account, Holmes and his attorneys alleged that government prosecutors "chosen evidence" and manipulated Rosendorff's testimony, amounting to misconduct and the need for a new trial.
"He's not someone who can be helped."
But Rosendorff disputed these claims at the October 17 hearing. Rosendorff told the court he didn't believe prosecutors were making things worse than they were and that they were "complete" and only selected the evidence presented. He reiterated that all of his testimonies were true and that prosecutors never pressured him to lie.
He also clarified during the hearing that his unusual visit was not motivated to help Holmes but to promote healing.
"I don't want to help Mrs. Holmes," Rosendorff said. "She's not someone who can be helped. At this point, she has to help herself. She has to pay her debt to society."
At another point, Rosendorff added that he was sorry that Holmes' children could grow up without a mother if she was sent to prison. Holmes gave birth to her first child late last year as her trial drew to a close. At last month's hearing, she appeared visibly pregnant with her second child.
Judge Davila found that Rosendorff's testimony was credible and that his alleged post-trial comments did not establish government misconduct. Although Evans' account of Rosendorff's comments was accurate, the comments were "too vague and general to imply that any specific testimony was in fact false or misleading," Davila wrote. Additionally, as a former Theranos laboratory director, Rosendorff's testimony primarily concerned charges of defrauding patients and physicians, charges on which Holmes was acquitted. Rosendorff's testimony, even if false, would not affect the convictions related to the investor fraud counts.
Davila denied Holmes a new trial and set sentencing for next week. ...
