Attorneys for disgraced Theranos founder Elizabeth Holmes seem like tossing yet one more Hail Mary go earlier than her sentencing subsequent month.
In courtroom paperwork filed on Tuesday, they declare {that a} star witness for the prosecution within the trial, Adam Rosendorff, was having regrets about his testimony. They argue that this “newly found proof” warrants a brand new trial.
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A Unusual Go to to Holmes’ Residence
Rosendorff is a former lab director at Theranos who testified in opposition to Holmes throughout her fraud trial. However here is the place issues get unusual.
In response to the brand new submitting, Rosendorff visited Holmes’ house unannounced on August 8, wanting to talk to her. He chatted together with her boyfriend Billy Evans when she did not meet him.
Evans described Rosendorff as being raveled. “His shirt was untucked, his hair was messy,” he wrote to Holmes’ legal professionals. Then Rosendorff informed him that “when he was referred to as as a witness, he tried to reply the questions actually however that the prosecutors tried to make all people look dangerous.”
After talking for some time, Rosendorff returned to his automotive and allegedly began to drive the unsuitable manner. When Evans pointed him in the correct course, Rosendorff rolled down his window and continued speaking. “He stated he’s hurting,” Evans stated in a memo filed with the movement. “He stated he feels responsible. He stated he felt like he had completed one thing unsuitable. And that this was weighing on him. He stated he was having hassle sleeping. He felt determined to speak to Elizabeth.”
Holmes Authorized Workforce Reacts Strongly
Holmes’ authorized crew wrote about Evans’ weird encounter with Rosendorff, “The statements warrant a brand new trial below Rule 33. However, at a minimal, and to the extent the Court docket has any doubt about whether or not a brand new trial is required, the Court docket ought to order an evidentiary listening to and allow Ms. Holmes to subpoena Dr. Rosendorff to testify about his issues.”
On January 3, Holmes was convicted of 4 counts of defrauding buyers in a high-profile case that made worldwide headlines and spawned documentaries and TV mini-series.
This isn’t her first try and attraction the decision. Final month, Holmes’ legal professionals argued that the jury acted irrationally throughout deliberations. The choose rejected this declare.
Holmes is scheduled to be sentenced on October 17. She faces as much as 20 years in jail and a $250,000 high quality.
