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At the hearings prior to the trial, lawyers for both parties agreed to refrain from discussing Ms. Holmes’ allegations of harassment, considering them biased against the jury.
Another wrinkle getting started? Finding the jurors who had somehow missed the wall-to-wall news of Miss Holmes’ trial. For four days, lawyers questioned more than 100 potential jurors and fired many of those who said they were biased after consuming content about Theranos, before selecting a 12-person panel plus six alternatives. It has already been replaced by an alternative after a juror reported his Covid-19 symptoms.
In their opening remarks before Judge Edward J. Davila, prosecutors indicated that they would trust many of the same witnesses who testified in Ms. Holmes’ case, including whistleblowers from the company, business partners, investors and patients. (The first person called on Tuesday was Erika Cheung, who is also an informant. early witness In Miss Holmes’ case.)
Mr. Leach outlined several areas of fraud allegations that reflect the government’s arguments in Ms. Holmes’ case, including Theranos’ blood tester capabilities, financial statements, and relationships with pharmaceutical companies, retail outlets and the military.
Mr. Balwani’s lawyers strayed from the playbook of Ms. Holmes’ defense. In his keynote speech, Mr. Cazares argued that individual patient statements and test results are irrelevant, regardless of all patient data contained in an encrypted database of Theranos’ nine million patient test results.
Theranos gave federal prosecutors a copy of the database in 2018 after a grand jury subpoena, but the government was never given the encrypted key needed to access the information. Theranos destroyed the database that same year.
Mr Cazares argued that the government neglected to analyze this data. The keynote was likely to open the door to a broader debate about who is to blame for the loss of the database.
“Sometimes a small door can lead to a wide meadow,” said Judge Davila.
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