She graced the covers of business magazines and after her fall from grace, she was the focus of a docudrama on TV. Theranos CEO Elizabeth Holmes requested a new trial on Tuesday, Sept. 6, making the case in a court filing that a key witness for the prosecution now regrets the role he played in her conviction.
Holmes was convicted of investor fraud and conspiracy related to her failed blood-testing startup.
The new court filing suggests that the testimony provided by former Theranos lab director Adam Rosendorff was not accurate.
Rosendorff said he continually raised concerns about the accuracy of the blood tests that were being administered to patients. And prosecutors highlighted Rosendorff’s testimony during their closing arguments to the jury that convicted Holmes on four felony counts.
Holmes, 38, is currently free on bail, but she faces up to 20 years in prison at a sentencing hearing that is scheduled for October 17th. Her lawyers argued in a 17-page filing that Rosendorff is now saying that he has misgivings about his testimony, based on recent actions described in the court document.
According to the filing, Rosendorff told Evans, the man who lives with Holmes, that during his trial testimony “he tried to answer the questions honestly but that the prosecutors tried to make everyone look bad” and now feels like “he had done something wrong.”
Rosendorff also left a 30-second voicemail for one of her lawyers asking for a face-to-face meeting with Holmes because he thought it could be “quite healing” for both of them.
The lawyers proposed an Oct. 3 hearing to discuss why they believe Rosendorff’s recent actions should result in a new trial for Holmes.
Also on Tuesday, U.S. District Judge Edward Davila formally rejected a request to set aside the jury’s verdicts in Holmes’ trial. Davila’s decision cited Rosendorff’s testimony in support of his ruling.
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