Much of the 50-minute hearing was consumed by arguments over whether the judge in Holmes’ trial broke court rules by letting a witness not approved as an expert tell the jury his opinions abo…
May 30, 2023: Disgraced Theranos CEO Elizabeth Holmes, left, is escorted into a Federal Prison Camp in Bryan, Texas, where she will spend the next 11 years serving her sentence for overseeing an infamous blood-testing hoax. A lawyer for imprisoned fraudster Elizabeth Holmes on Tuesday appeared to make headway with the trio of judges weighing her bid for a new trial.of defrauding investors in Theranos, her now-defunct Palo Alto blood-testing startup. On Tuesday her appeal was heard in the U.S.
Much of the 50-minute hearing was consumed by arguments over whether the judge in Holmes’ trial broke court rules by letting Das tell the jury his opinions about how poorly Theranos’ technology performed. Appeals courts can order new trials if they find trial judges made mistakes in applying the law or if proceedings were not fair.
Nelson said he had “some problems” with the testimony Davila allowed Das to provide, and suggested that prosecutors used Das to “to get in some of that testimony” that should have only come from an expert witness. Judge Jacqueline Nguyen said Davila properly allowed Das to discuss what he told Holmes. But Nguyen appeared to agree that the testimony requiring “highly specialized knowledge” was not appropriate for a witness not court-approved as an expert.“The central issue in this case was whether Ms. Holmes knowingly misrepresented the capabilities of Theranos’ technology,” Saharia said. “She in good faith believed in the accuracy of this technology.
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