Do feelings change facts? Elizabeth Holmes wants to find out. The legal team for the infamous former CEO of Theranos is making a bid for a new trial because a witness who testified against Holmes is remorseful.
Did they commit perjury? Apparently not.
Do they just feel bad? Apparently, they do.
According to The Guardian, Holmes’ lawyers are arguing that the regret expressed by Rosendorff support that idea that his testimony was not reliable. Rosendorff left a voice message with one of Holmes’ attorneys requesting a meeting her, citing that it would be “healing.” Additionally, Rosendorff showed up at Holmes’ residence, only to be asked to leave by her partner, William Evans. During this short exchange, Rosendorff said he had answered the questions honestly but that prosecutors made everyone look bad.
“The petition centers on the reliability of testimony provided by former Theranos lab director Adam Rosendorff, who said he repeatedly raised concerns about the accuracy of bloods tests that were being administered to patients during his tenure in 2013 and 2014.” The Associated Press
Can you get a new trial because someone who told the truth caught feelings – of remorse? Unlikely.
Anything else? Yes.
The following day, Holmes made yet another bid for a new trial based on the state’s presentation of her and ex-beau, ex-business partner, and co-defendant Sunny Balwani as being “equals.” According to Yahoo Finance writer, Alexis Keenan, Holmes’ claims of abuse by Balwani were played down when she was tried yet the state played them up when prosecuting Balwani.
Are we done yet? No.
Three is a charm. Holmes also wants the court to address the fact prosecutors were in possession of evidence which could have benefited her case but did not turn it over to the defense.
This sounds like the Brady Rule. It is.
When is the big day? On October 3, 2022, re-trial motions will be heard.
Sources
Elizabeth Holmes wants a new trial because a prosecution witness is acting remorseful
Elizabeth Holmes requests new trial, claiming key witness regrets testimony
Elizabeth Holmes asks for new trial again, says US shifted stance on abuse claims