Theranos: the jury for the criminal trial of Elizabeth Holmes has been selected

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Opening statements are expected to begin on Wednesday, September 8.

Holmes’ attorneys, federal prosecutors and Judge Edward Davila interviewed more than 80 potential jurors in a federal courtroom in San Jose over the course of two days on everything from their media consumption regarding Holmes, Theranos and the trial their feelings about law enforcement, and whether they or their loved ones have experienced domestic violence.

Holmes, who was present during the two days of questioning as well as during the jury selection, was indicted over three years ago with a dozen federal charges of fraud and conspiracy over allegations that she would have knowingly misled investors, patients and physicians about the capabilities of its proprietary blood testing technology. She has pleaded not guilty and faces up to 20 years in prison.

The trial, which has been repeatedly delayed due to the ongoing pandemic and further postponed due to the birth of Holmes’ first child in July, is expected to last around 13 weeks.

Jury selection kicks off at Elizabeth Holmes criminal trial

A deluge of media coverage of Holmes over the years, which only intensified ahead of his trial, was a major concern in finding fair and impartial jurors. The case’s many intertwined factors, which touch on healthcare and technology, along with allegations of intimate partner violence, also made it difficult to find jurors who will ultimately determine Holmes’ fate.

(Among those excused: a retired graduate nurse married to a retired lab technician who knew the history of the company; someone who worked at Safeway, a former partner of Theranos; another who said that ‘she was a lawyer representing survivors of domestic violence, who had listened to a podcast about the company with her husband, a scientist for a biotech company.)

At the height of the business, Holmes, 37, was the object of much fascination. A Stanford University dropout with an avowed fear of needles, she founded Theranos in 2003 at the age of 19 to revolutionize blood testing. She had raised hundreds of millions of dollars from prominent figures including media mogul Rupert Murdoch, Oracle founder Larry Ellison, the Walton family of Walmart and former Education Secretary Betsy DeVos. She has been hailed on the covers of magazines as the Richest Self-Taught Woman and “The Next Steve Jobs,” an image she helped cultivate by dressing the role in her signature black turtleneck. At its peak, his startup was valued at $ 9 billion.

The downfall of his business, spurred by reporter John Carreyrou’s 2015 investigation for the Wall Street Journal, hasn’t turned that spotlight off – with documentaries, an upcoming limited series, and feature film slated for at least two dedicated podcasts. to the coverage of the trial. Prior to jury selection, nearly 200 potential jurors completed the 28-page final jury questionnaire. About half indicated in their responses that they had consumed media regarding the case, according to a court file last week.
Elizabeth Holmes The Trial Is About To Begin: Here's What You Need To Know

Many, however, were brought in and questioned about it anyway. A potential juror said she went down a “rabbit hole” on YouTube about Holmes and Theranos; another said he had read “countless” articles about the company, acknowledging that he had formed a strong opinion before being called for trial. (Both were fired.)

Potential jurors were also asked if they had had any experience of intimate partner violence, with many sharing their own stories and some becoming emotional as they recalled their stories.

The relevance of the matter became clear when the court released documents over the weekend revealing that she could claim to have experienced a ten-year abusive relationship with her ex-boyfriend, Ramesh “Sunny” Balwani, also a former cadre of Theranos, as part of his defense. .

Balwani and Holmes were charged together but successfully pushed to stand trial separately. His trial is expected to begin in early 2022. (Balwani also pleaded not guilty and, according to a court record, he “categorically denies” the abuse allegations.) Members of Balwani’s defense team were present throughout along the jury selection.

Legal experts say the central questions in the trial will be what Holmes knew, when she knew it, and whether she intended to cheat. Holmes’ lawyers have said in the recently unsealed documents that she “is likely to testify herself as to why she believed, relied on and referred to Mr Balwani,” a potentially risky decision according to legal experts.
Carreyrou, who hosts a podcast called “Bad Blood: The Final Chapter” that focuses on Holmes’ trial, told CNN Business he believes she will take a stand. “She is a very compelling speaker. She has a lot of charm and charisma,” Carreyrou said. “It’s a risky decision because then she will be cross-examined and the cross-examinations are brutal. But knowing her, I think she will take that risk.”

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