Elizabeth Holmes trial begins as both sides grill potential jurors



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Elizabeth Holmes, founder and former CEO of blood testing and life sciences company Theranos, arrives for the first day of jury selection in her fraud trial, in Federal Court in San Jose, Calif., On August 31 2021.

Nick Otto | AFP | Getty Images

Theranos isn’t exactly a household word, but many of the potential jurors interviewed on Tuesday had heard of the company or its former CEO, Elizabeth Holmes on the first day of its criminal fraud case.

Nearly 40 potential jurors were questioned for seven hours and 14 were fired. One of them said: “I have no bias except that I remember the accused’s penchant for turtlenecks.”

Another juror, who admitted watching a “60 minute” documentary on Theranos, said: “I’m just glad I didn’t invest in it.”

Holmes, who appeared solemn, wore a black robe and jacket with a blue mask. She attempted to make eye contact with each potential juror as they entered the courtroom.

Elizabeth Holmes in court

Source: Vicki Behringer

A potential juror, who said she read John Carreyrou’s book on the Theranos scandal, “Bad Blood,” works at a health-related company. She admitted to the judge “that there had been some disappointment” after reading the book.

“There aren’t a lot of women who become CEOs of a big business,” she said.

Prosecutors and defense lawyers are trying to find a dozen impartial jurors and five deputies to sit for what is expected to be a 13-week trial. Holmes and Sunny Balwani, her former business partner and for a time her boyfriend, each face 10 counts of wire fraud and two counts of conspiracy. Both have pleaded not guilty. Balwani will be judged separately.

Several would-be jurors have said they have read books, watched documentaries, or heard TED talks and podcasts on the subject. U.S. District Court Judge Edward Davila has suggested that would-be jurors turn off informational alerts to avoid further media exposure.

A potential juror has revealed that he is a news producer at a radio station which he says featured articles on the high-profile case.

“I avoided the topic at work, but in anticipation of jury selection, they published papers,” he said. “I don’t really know how I can remain impartial for the rest of the trial.”

“I look at my computer and all I see is: Theranos, Theranos, Theranos,” he added.

Davila joked, “I’m not going to ask you to quit your job, sir,” and later asked, “Would it severely break your heart if I excused you from this jury?

The judge also asked potential jurors if they or someone they knew had experienced intimate partner violence. Five potential jurors raised their hands. Bomb court documents released on Saturday reveal that Holmes, 37, is considering claiming that Balwani, 56, psychologically, emotionally and sexually assaulted her. In the unsealed documents, Balwani unequivocally denies the allegations.

“The hardest thing for prosecutors to prove here will be intent, so the more sympathetic and emotionally malleable potential jurors are, the more the defense will want them and the prosecution will want to get rid of them,” James McGarity, consultant said. of the jury and partner at R&D Strategic Solutions. “She really needs nice people.”

Another potential juror told defense attorneys he left a negative comment on Facebook when Theranos was shut down. “I followed the company because I was interested in it,” he recalls. “I was disappointed because I thought the company was so cool,” he said. “It was disappointing.”

Jury selection is expected to last two days, with opening statements scheduled to begin on September 8.

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