Holmes’ attorney prompts his former laboratory director to admit that his answers are being trained by the prosecution
Theranos Inc. An attorney for Elizabeth Holmes, the founder of the U.S., on Tuesday tried to downplay the testimony of a key prosecution witness, as new clues emerged about her defense strategy to transfer the blame to her former top deputy and ex-boyfriend.
Former Theranos Lab director Adam Rosendorff testified in Ms. Holmes’ criminal-fraud lawsuit on Tuesday that every time the company filed a physician complaint, quality control failed and every time test results were out of reasonable range. Went, “This raised serious and serious concerns. Me about the accuracy of the testing process.” He said the concerns eventually led him to step down.
Ms. Holmes’ attorney, Lance Wade, took an aggressive stance during her cross-examination, prompting Dr. Rosendorff to say that she was trained by prosecutors on the answers she provided.
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His voice raised, Mr. Wade asked if, during several preparatory sessions with prosecutors and federal agents, Dr. Rosendorff went through the questions he intended to ask and the answers he planned to answer.
“I was instructed to always speak the truth and speak the truth,” replied Dr. Rosendorff.
When asked a second time, he replied, “I was instructed to speak only the truth.”
Mr. Wade’s stance with Dr. Rosendorff differed greatly from the tone of his reconciliation during the cross-examination of prosecution witnesses in the previous weeks of Ms. Holmes’ trial. The 37-year-old Stanford University dropout is charged with 10 counts of wire fraud and two counts of conspiracy to commit wire fraud for representations made to investors and patients about Theranos’ finger-prick blood-testing technology.
So far, Ms. Holmes’ defense against allegations that she exaggerated Theranos’ capabilities has been limited to cross-examination and Mr. Wade’s opening remarks to jurors. Monday night’s partially unresolved court filing indicated what his defense could look like when it’s his turn to call witnesses to the stand – and potentially take the stand himself.
The sealed filing in response to a proposal by The Wall Street Journal’s publisher, Dow Jones & Company, shows how she can present herself against her ex-boyfriend Ramesh “Sunny” Balwani and No. Has been charged. Same crime. Both have pleaded not guilty.
Elizabeth Holmes trial: Jurors hear first patient testimony about Theranos blood test
Ms. Holmes’ lawyers said in the filing that she could argue that she and Mr. Balwani had an emotionally and physically abusive relationship that left her under their control during the period when the government alleged that the two blood The testing authorities have committed fraud on a large scale. Mr Balwani’s lawyer has said that Mr Balwani “categorically denies that he was involved in any misconduct at any time.”
Ms. Holmes’ lawyers explained in a new unsealed filing that “they touted and relied on Mr. Balwani’s business acumen. They relied on Mr. Balwani to provide accurate information about the state of the company’s operations.”
Without admitting that any of the statements she made were in fact false, her lawyers said she could still argue that, “if Ms. Holmes believed in good faith that what she was saying was true Because he trusted Mr. Balwani and adjourned, so did he. Don’t commit wire fraud.”
Ms. Holmes met Mr. Balwani during a language-immersion trip to China when she was 18 and he was 37, Ms. Holmes’ lawyer told jurors in the trial. In his early years with the company, the executive used his personal wealth to help advance Theranos, which he gained from his work at an earlier tech startup.
There are weeks for prosecution witnesses for Ms. Holmes’ lawyers to present their defense in full.
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Dr. Rosendorff is the eighth Witness to take the stand so far.
The former lab director testified that his concerns came to an end in late 2014, when he decided to step down, days after Mr. Balwani discussed his sacking in an email to Ms. Holmes, which was conveyed to jurors on Tuesday. were shown.
In the weeks following his resignation, Dr. Rosendorff exchanged a series of heated emails with Mr. Balwani and others, including Ms. Holmes’ brother, Christian Holmes, a senior Theranos manager, who filed customer complaints. .
When Mr. Holmes explained how to respond to a doctor complaining about cholesterol results, Dr. Rosendorff replied that he would not. “If you’re asking me to defend these values the answer is no,” he said in an email on November 14, 2014.
On the last day of Dr. Rosendorff’s work, he testified, he met Mr. Balwani and when the Theranos executive offered his hand, Dr. Rosendorff refused to budge it.
Dr. Rosendorff testified that after leaving Theranos, he spoke to two attorneys and then-Wall Street Journal reporter John Carrero about his experience at the company. “I felt obliged from a moral and ethical point of view to alert the public,” he said.
The Wall Street Journal first reported questions about Theranos’ technology in 2015, with the company conducting some tests on its proprietary finger-stick machines and instead using a commercial blood analyzer that was sometimes modified.
Dr. Rosendorff said that he spoke to Mr. Carrerou off-the-record, and that his name never appeared as a source in the journal’s reporting. Mr Carrerou and a spokesman for the Journal declined to comment.
During the cross-examination, Mr. Wade questioned Dr. Rosendorff about his legal obligations as laboratory director and whether he had ever offered laboratory tests for patient use that were not accurate.
Dr. Rosendorff replied that no, whenever he was warned that a test was false or unreliable, he ordered the laboratory to discontinue those tests.