Most of us have at best ambivalent feelings towards the coronavirus pandemic, and usually regard it as a particularly unpleasant year-and-change taken from us. Not so Elizabeth Holmes: While she may not exactly be having the time of her life, what with not being a billionaire anymore and all, she’s certainly made good use of it, getting conveniently knocked up by her 20something trust-fund baby husband (who needs to be a billionaire after all?). But, most importantly to Liz, we have to imagine, which is what she’s not been doing, and that is to say, going to court on those pesky fraud for allegedly lying about Theranos’ not-all-that-revolutionary and not-all-that-accurate blood tests, which could send her to the pokey until her unborn child is ready to drop out of Stanford him- or herself.
Alas, all good things, even pandemics, must come to an end.
Theranos Inc. founder Elizabeth Holmes appeared in a federal courtroom in San Jose, Calif., Tuesday for the first time in more than a year…. Attorneys for Ms. Holmes argued Tuesday that the U.S. attorney’s office for the Northern District of California had built a sweeping case on anecdotal evidence and urged a federal judge to restrict what prosecutors could present to a jury at a trial scheduled to begin in late August.
“This trial is going to be a sprawling mess of irrelevant, prejudicial evidence,” Amy Saharia, a Williams & Connolly LLP partner representing Ms. Holmes, said in court.
That’s as soft a landing a defendant could possibly hope for, and it got better, for although U.S. District Edward Davila barred Holmes from what we might call the “Goldman defense,” he did say she could paint a pretty lurid picture of the place from whence Theranos sprung.
Judge Davila said he wouldn’t prevent Ms. Holmes from raising aspects of Silicon Valley culture as part of her defense. He ruled that she couldn’t argue that startup founders frequently exaggerate to attract money, but that only she was being prosecuted for that behavior.
Still, prosecutors had their own pithy grenades to throw. Not just pithy: ironic, given Holmes’ present circumstances.
Presenting evidence from obstetricians, for instance, who had complaints over Theranos pregnancy tests is just one piece of what they’ll show jurors, Mr. Bostic said.
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