Elizabeth Holmes trial postponed after juror was potentially exposed to Covid



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Elizabeth Holmes, founder of Theranos Inc., left, arrives at federal court in San Jose, Calif., Tuesday, August 31, 2021.

David Paul Morris | Bloomberg | Getty Images

The fraud trial of former Theranos CEO Elizabeth Holmes was halted when a juror revealed in court that he had potentially been exposed to Covid and was awaiting test results.

In an emergency Zoom hearing on Thursday night, U.S. District Court Judge Edward Davila told Holmes and government attorneys he received an email from Juror No.9 on Thursday stating that he may have been exposed over the bank holiday weekend but had no symptoms.

“It’s a bit, I don’t mean to say a bad omen, but it’s concerning that before we finish the first witness, we have a problem,” Davila said. “For our good, across the county there are still high numbers and we hope everyone continues to be safe.”

The government backed down, however, expressing concern about the postponement of the trial given the number of witnesses it plans to call. Assistant U.S. Attorney Jeff Schenk told the judge the juror was vaccinated, was not currently exhibiting symptoms, and it was not clear if he had had close contact with Covid-19.

“I think at this stage it would be safe to continue the trial tomorrow, but I understand that the court might determine, especially at the beginning, that it is a little safer, that it has to be very careful. “said Schenk.

He later added: “I think we’re a little concerned about the total number of witnesses we want to call over the next few months in this trial. But I can’t tell the court that one day tomorrow is really what makes the difference. This is not the challenge.

The long-awaited trial began on Wednesday with opening statements. Preventive measures were on display in the crowded San Jose courtroom with plexiglass panels in front of the judge, at the end of the jury gallery and where lawyers speak. The courtroom also installed numerous air purifiers and an improved filtration system.

Holmes faces a dozen counts of wire fraud and conspiracy. She pleaded not guilty.

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