Theranos Trial Starts for Ramesh Balwani, Elizabeth Holmes’s Ex-Partner

In hearings earlier than the trial, attorneys from each side agreed to chorus from discussing Ms. Holmes’s abuse allegations, deeming them prejudicial to the jury.

One other wrinkle in getting began? Discovering jurors who had in some way missed the wall-to-wall protection of Ms. Holmes’s trial. Over 4 days, attorneys questioned greater than 100 potential jurors, dismissing many who mentioned they had been biased after consuming content material about Theranos, earlier than choosing a panel of 12, plus six alternates. One juror has already been changed by an alternate after reporting signs of Covid-19.

In opening statements earlier than Choose Edward J. Davila, prosecutors indicated that they’d depend on most of the identical witnesses who testified at Ms. Holmes’s trial, together with whistle-blowers from the corporate, enterprise companions, traders and sufferers. (The primary, referred to as on Tuesday, was Erika Cheung, a whistle-blower who was additionally an early witness in Ms. Holmes’s case.)

Mr. Leach outlined a number of areas of alleged fraud that mirrored the federal government’s arguments in Ms. Holmes’s trial, together with the skills of Theranos’s blood-testing machine, its monetary statements, and its relationships with pharmaceutical corporations, stores and the navy.

Mr. Balwani’s attorneys veered from the playbook of Ms. Holmes’s protection. In his opening assertion, Mr. Cazares argued that particular person affected person testimony and check outcomes had been insignificant with out contemplating all of Theranos’s affected person information, which had been in an encrypted database of 9 million affected person check outcomes.

Theranos offered a replica of the database to federal prosecutors in 2018, after a grand jury subpoena, however the authorities was by no means given the encrypted key wanted for entry to the data. Theranos destroyed the database that very same 12 months.

Mr. Cazares argued that the federal government had uncared for to investigate that information. His opening assertion was prone to be opening the door to a broader argument over who was at fault for the lack of the database.

“Generally a small door can open to a large pasture,” Choose Davila mentioned.

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