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By Sara Ashley O’Brien, CNN Business
Jury selection began Tuesday in a federal courtroom in San Jose for the long-awaited trial Elizabeth Holmes, former CEO and founder of Theranos.
The day kicked off what is expected to last for months under intense media scrutiny. Central to the questioning of would-be jurors was fear that the frenzy around Holmes – including multiple documentaries and podcasts about his rise and fall – could skew those who will ultimately determine his fate.
Holmes arrived at the Robert F. Peckham Federal Building shortly before 8:30 a.m. PT, wearing a blue medical mask and dark blazer. She was immediately surrounded by media, some of whom had arrived several hours earlier to secure a seat in the courtroom.
During the day, Holmes’ attorneys, federal prosecutors and Judge Edward Davila interviewed potential jurors. Of the 39 candidate jurors on Tuesday, 14 were excused for various reasons, including the financial hardship of sitting on a jury for so long. On Wednesday, 46 potential new jurors are expected to be questioned.
Holmes, 37, was indicted over three years ago on multiple federal fraud and conspiracy charges over allegations she knowingly misrepresented the capabilities of her company’s proprietary blood testing technology. She has pleaded not guilty and faces up to 20 years in prison.
Of particular concern to Holmes and his defense is the degree of exposure of potential jurors to the deluge of media coverage of her, her business and the trial. During the company’s heyday, Holmes was the subject of much fascination and media attention that glorified her and her efforts. His downfall didn’t turn that spotlight off – documentaries, an upcoming limited series, and a feature film slated to at least two podcasts dedicated to covering the trial.
In addition to the 12 jurors, there will be five alternates. The delays in the trial – due to the coronavirus pandemic and the birth of Holmes’ first child – may have only made it difficult to find a panel of jurors who have yet to hear from Holmes or Theranos.
Judge Davila was careful about the way he worded questions to potential jurors on media coverage to avoid respondents sharing details of what they consumed about the case so as not to bias others. potential jurors. Judge Davila asked them when they last read or heard something related to Holmes or Theranos, but not about the details of what they read. He told would-be jurors they should disclose any controversial or strong opinions privately rather than within the group.
Potential jurors mentioned having encountered news related to Theranos and Holmes everywhere, from YouTube to Reddit (r / investing), documentaries and NPR. But many said they believed they would be able to remain impartial if selected. (One of them said he received an NPR notification regarding the jury selection starting on Tuesday. “My first thought was ‘Yeah, yeah, I know,'” he said.)
A potential juror said she had previously read “Bad Blood,” the definitive book on the rise and fall of Theranos by journalist John Carreyrou. She said she assumed that stating that she read this book as part of a potential long quiz would prevent her from sitting on the jury, whether she confirmed or denied that she was able to put any bias aside. potential.
Some said they remembered hearing about the company or Holmes, but couldn’t determine exactly what they were consuming. A potential juror said she believed she saw “First Blood”.
Ahead of jury selection, nearly 200 would-be jurors completed the 28-page final jury questionnaire, which asked questions about everything from their immunization status to their knowledge of Holmes and their media consumption habits. About half said they had consumed media regarding the case, according to a court file last week.
Tuesday’s first layoff was a man who said he worked as a producer at a radio station. He said the newsroom provided coverage in anticipation of the jury selection. “Audio is all around me,” he said, noting that news, including the lawsuit, is hard to avoid because of his job.
Judge Davila suggested that potential jurors before lunch break turn off information alerts on their phones to avoid media exposure.
Coverage of Holmes and Theranos has grown significantly in anticipation of the trial. During the weekend, the court unsealed documents regarding Holmes’ possible defense – that she can claim she had a ten-year abusive relationship with her ex-boyfriend, also a former Theranos executive, who will be tried separately. (According to a court record, he “categorically denies” the allegations.)
Potential jurors were also asked if they had experienced abuse or interpersonal violence. Several said that they or their relatives had done so.
The pandemic, which has repeatedly delayed the trial, is looming on the horizon. Judge Davila said there had been no attendance among potential jurors who were due to attend today, citing some who phoned about symptoms and were told to stay home. He said all court staff have been vaccinated and spoke of a newly installed $ 7 million HVAC system. “The air circulates completely in this courtroom every 10 minutes or so,” he said. “I hope this gives you some comfort.”
Some of the would-be jurors also spoke of the hardships they faced during the pandemic, saying they hoped to take a much-needed vacation that would be hampered by a months-long trial.
A number of other potential jurors who were not in the courtroom on Tuesday were excused for reasons such as health, child care, financial hardship, prejudice, school attendance, obligations business and transportation issues. Prosecution and defense prosecutors have agreed to excuse potential unvaccinated jurors. Nine were excused for indicating on the questionnaire that they were not vaccinated.
The-CNN-Wire
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