On Monday, the judge who presided over Elizabeth Holmes’s trial rejected her motions for a new trial, setting the stage for her sentencing next week on charges of investment fraud and, possibly, incarceration later this month.
Ms. Holmes has spent the months since her conviction in January on four counts of wire fraud and conspiracy for her role in leading the blood testing startup Theranos. She had asked for a retrial three times, each time citing fresh information.
On Monday, however, Judge Edward J. Davila of the U.S. District Court for the Northern District of California issued an order dismissing the motions for a new trial, citing their failure to satisfy the necessary threshold.
On November 18, Ms. Holmes, 38, will be given her punishment. It seems likely that the maximum 20-year prison term that can be imposed for each instance of fraud would be spent all at once.
Ms. Holmes appeared in court last month looking pregnant again. As she awaits trial, she is free on bond and residing in Woodside, California with her boyfriend and their small son. After she gets sentenced, she’ll likely appeal.
Ms. Holmes’ attorney did not return a call seeking comment.
Since the original trial, Ms. Holmes has been advocating for a retrial, citing fresh evidence including the prosecution’s star witness, Dr. Adam Rosendorff, making an unexpected house call to her in August.
Judge Davila summoned Dr. Rosendorff to court to affirm his testimony after Ms. Holmes alleged he had made statements that cast doubt on his testimony.
Former Theranos lab director and key witness Dr. Rosendorff testified last month about how he visited Ms. Holmes in an effort to find closure and put the matter to rest.
While testifying in Mr. Holmes’s trial, defense attorneys questioned Dr. Rosendorff’s sanity. A remark he made at Ms. Holmes’s house was used to claim that the government was giving an inaccurate account of what occurred at Theranos.
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During Ms. Holmes’ four-month trial last year, Dr. Rosendorff spent six days on the witness stand and testified that what he said was true. In response to a question, he clarified that his statement that “everyone was working so hard to produce something good and significant” at Theranos did not apply to Ms. Holmes or her co-conspirator, Ramesh Balwani.
Judge Davila said in his 15-page judgment on Monday that he believed Dr. Rosendorff’s sworn testimony. He argued that the other grounds for a new trial presented by Ms. Holmes did not warrant a retrial either, including arguments from the subsequent trial of Mr. Balwani and a missing database of test results.
Ms. Holmes’s claims were deemed “not substantial,” “would strain credulity,” and “not likely to result in acquittal if submitted in a fresh trial” by Judge Davila’s written rulings.
Mr. Balwani, 57, will be sentenced on December 7 after being found guilty on 12 counts of fraud and conspiracy this summer.