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Elizabeth Holmes returns to court as defense questions witness's conduct
Elizabeth Holmes, the founder of Theranos, was in court, seeking to get a new trial. Holmes argues that the government's star witness in the fraud case against her by expressed remorse for his testimony and possibly committed misconduct by visiting her home after her conviction.
SAN JOSE, Calif. - Theranos founder, Elizabeth Holmes, who was convicted of fraud earlier this year, was back in federal court in San Jose on Monday for a hearing in her push for a new trial.
The hearing, presided by U.S. District Judge Edward Davila, who oversaw Holmes’s trial that ended with her being convicted of four fraud charges, sought to determine if the prosecution’s star witness and former Theranos lab director, Adam Rosendorff, committed misconduct in his testimony in the trial.
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Holmes arrived to court with a throng of media on site. Someone in the crowd called out to ask her, "Are you pregnant?" according to KTVU investigative reporter Evan Sernoffsky. "As usual, Holmes says nothing," Sernoffsky reported.
Holmes’ legal team was relying heavily on Rosendorff to help her avoid a prison sentence.
In August, her lawyers filed a motion for a new trial based on his alleged statements to Holmes’s partner, William Evans, that "he tried to answer the questions honestly but that the prosecutors tried to make everyone look bad" and felt "he had done something wrong," as stated by Evans in court filings.
On Monday, under questioning by Judge Davila, Rosendorff said that his testimony in the trial was truthful.
He said he felt remorseful about the possibility that Holmes’ young child with Evans would be without her mother if Holmes is sentenced to prison.
File photo of former Theranos lab director Adam Rosendorff.
Rosendorff added, "It is my understanding she is pregnant again." Information about Holmes's possible pregnancy has not been verified.
Under questioning by the defense, Rosendorff responded, "The government was trying to get to the truth of what happened -- what Elizabeth Holmes did."
"I don’t want to help Ms. Holmes," Rosendorff added. "The only person that can help her is herself. She needs to pay her debt to society."
He also told the court, "Many people have made a lot of money from this scandal. I don’t know how much Elizabeth made. I certainly haven’t made a penny."
Monday’s hearing was originally set aside for Holmes’s sentencing, but the judge postponed that hearing once the Rosendorff questions arose. The court has since set a new sentencing date for Nov. 18.
The judge had signaled he wanted to keep the hearing brief, which it apparently was, as the court proceedings wrapped up before 10:30 a.m. Both sides were set to submit arguments in briefings at a later date.
Holmes, 38, faced up to 20 years in prison for defrauding investors of millions of dollars through her startup that promised to revolutionize blood-testing methods.
The Associated Press contributed to this report.
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Elizabeth Holmes returns to court
Theranos founder, Elizabeth Holmes, who was convicted of fraud earlier this year, was back in federal court in San Jose on Monday.